Common use of Destruction and Damage Clause in Contracts

Destruction and Damage. 22.01 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed by fire or other casualty, then, Landlord shall, subject to its rights under Section 22.03 hereof, repair the damage and restore and rebuild the Demised Premises and/or access thereto as nearly as may be reasonably practical to its condition and character immediately prior to such damage or destruction, with reasonable diligence after notice to it of the damage or destruction. 22.02 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed by fire or other casualty not attributable to the fault, negligence or misuse of the Demised Premises by the Tenant, its agent or employees under the provisions of this Lease, the rents payable hereunder shall be abated to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage or destruction to the date the damage shall be substantially repaired or restored or rebuilt. Should Tenant reoccupy a portion of the Demised Premises during the period that the repair, restoration, or rebuilding is in progress and prior to the date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date of such occupancy to the date the Demised Premises are made tenantable. 22.03 In case of substantial damage or destruction of the Demised Premises, Tenant may terminate this Lease by notice to Landlord, if Landlord has not completed the making of required repairs and restored and rebuilt the Demised Premises and/or access thereto within 12 months from the date of such damage or destruction, and such additional time after such date (but in no event to exceed 9 months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or Unavoidable Delays. In case the Building shall be so damaged by such fire or other casualty that substantial renovation, reconstruction or demolition of the Building shall, in Landlord’s opinion, be required (whether or not the Demised Premises shall have been damaged by such fire or other casualty), then Landlord may, at its option, terminate this Lease and the Term and estate hereby granted, by notifying Tenant of such termination, within sixty (60) days after the date of such damage. If at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 22.01, the holder of a superior mortgage or the lessor of a superior lease or any person claiming under or through the holder of such superior mortgage or the lessor of such superior lease takes possession of the Building through foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination shall be given pursuant to either of the next two preceding sentences, this Lease and the Term and estate hereby granted shall expire as of the date of such termination with the same effect as if that were the date hereinabove set for the expiration of the Term, and the Fixed Rent and additional rent due and to become due hereunder shall be apportioned as of such date if not earlier abated pursuant to Section 22.02. Nothing contained in this Section 22.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Demised Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. 22.04 No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the Building pursuant to this Article. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Tenant’s use and occupancy. 22.05 Landlord will not carry insurance of any kind on Tenant’s Property and shall not be obligated to repair any damage thereto or replace the same. 22.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by fire or other casualty, and any statute or regulation providing for such a contingency in the absence of, an express agreement, now or hereafter in force, shall have no application in such case. 22.07 Notwithstanding any of the foregoing provisions of this Lease if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to collect all of the insurance proceeds (including rent insurance proceeds)applicable to damage or destruction of the Demised Premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant’s rents provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.

Destruction and Damage. 22.01 If Should the Demised Leased Premises and/or access thereto shall be destroyed or rendered wholly or partially or totally damaged or destroyed by unusable as the result of a fire or other casualtyaccidental occurrence, thenand the Lessor decides not to restore the Leased Premises, Landlord shall, subject to its rights under Section 22.03 hereof, repair the damage and restore and rebuild the Demised Premises and/or access thereto as nearly as may be reasonably practical to its condition and character immediately prior to such damage or destruction, with reasonable diligence after notice to it of the damage or destruction. 22.02 If the Demised Premises and/or access thereto Lessor shall be partially or totally damaged or destroyed by fire or other casualty not attributable to entitled, without liability towards the faultLessee, negligence or misuse within ninety (90) days of the Demised Premises by the Tenant, its agent or employees under the provisions of this Lease, the rents payable hereunder shall be abated to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage or destruction to the date the damage shall be substantially repaired or restored or rebuilt. Should Tenant reoccupy a portion of the Demised Premises during the period that the repair, restoration, or rebuilding is in progress and prior to the date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date of such occupancy to the date the Demised Premises are made tenantable. 22.03 In case of substantial damage or destruction of the Demised Premises, Tenant may terminate this Lease by notice to Landlord, if Landlord has not completed the making of required repairs and restored and rebuilt the Demised Premises and/or access thereto within 12 months from the date of such damage or destruction, and such additional time after such date (but in no event to exceed 9 months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or Unavoidable Delays. In case the Building shall be so damaged by such fire or other casualty that substantial renovationoccurrence, reconstruction to notify the Lessee in writing of its decision, and the term of this lease shall thereupon be deemed to have ended. If the Lessee is not then in default of performing any of its obligations under the lease or demolition of otherwise liable towards the Building shallLessor in virtue thereof, in Landlordthe Lessee’s opinion, responsibility for paying the rent shall be required (whether or not deemed to have ceased on the Demised Premises shall have been damaged by day immediately following such fire or other casualty)occurrence. If, then Landlord may, at its option, terminate this Lease and on the Term and estate hereby granted, by notifying Tenant of such termination, within sixty (60) days after the date of such damage. If at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 22.01other hand, the holder of a superior mortgage Lessor decides to restore the Leased Premises or the lessor building, as the case may be, and provided the Lessee is not liable towards the Lessor for the payment of a superior lease costs, damages or any person claiming under or through rent, the holder of such superior mortgage or Lessee’s responsibility for paying the lessor of such superior lease takes possession of the Building through foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination rent shall be given pursuant to either of the next two preceding sentences, this Lease and the Term and estate hereby granted shall expire suspended as of the date of day immediately following such termination with the same effect as if that were the date hereinabove set for the expiration of the Term, and the Fixed Rent and additional rent due and to become due hereunder shall be apportioned as of such date if not earlier abated pursuant to Section 22.02. Nothing contained in this Section 22.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Demised Premises or the Building by fire or other casualty if Tenant occurrence and shall not revive until such time as the Leased Premises are again made available for the Lessee’s occupation thereof. Subject to the foregoing, should the Leased Premises be partially damaged by a fire or other accidental occurrence that is not due to the fault or negligence of the Lessee or its employees, mandataries, visitors or other persons it has admitted into the Leased Premises, the damage thereto shall be legally liable in repaired by the Lessor and, until such respect. 22.04 No damagesrepairs are completed, compensation or claim the amount of the rent shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any adjusted pro rata to the portion of the Demised Leased Premises or of still usable by the Building pursuant to this ArticleLessee. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Tenant’s use and occupancy. 22.05 Landlord will not carry insurance of any kind on Tenant’s Property and shall not be obligated to repair any Notwithstanding the foregoing, should damage thereto or replace the same. 22.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by a fire or other casualtyaccidental occurrence be caused to the Leased Premises through the fault or negligence of the Lessee or its employees, mandataries, visitors or other persons it has admitted into the Leased Premises, and any statute or regulation providing without prejudice to the subrogation rights of the Lessor’s insurers, the Lessee shall be liable for such a contingency in payment to the absence of, an express agreement, now or hereafter in force, Lessor of the amount of all costs and damages sustained by the Lessor. The Lessor shall have no application the right to repair such damage at the Lessee’s expense without any consequent reduction or adjustment of the rent, the parties agreeing that in such case. 22.07 Notwithstanding any of an event, the foregoing provisions of this Lease if Landlord or the lessor of any superior lease or the holder of any superior mortgage Lessee shall be unable remain bound to collect pay all of the insurance proceeds (including rent insurance proceeds)applicable to damage or destruction for the entire original term of the Demised Premises or lease, notwithstanding any termination thereof by the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant’s rents provided for Lessor in this Article shall not be effective to the extent of the uncollected insurance proceedsaccordance with clause 12.1.

Destruction and Damage. 22.01 17.01 If the Demised Premises and/or access thereto thereto, or any part thereof, shall be partially or totally damaged or destroyed by fire or other casualtycause, thenTenant shall give immediate notice thereof to Landlord, and this Lease shall continue in full force and effect except as hereinafter set forth. In such event, Landlord shall, subject to compliance with the provisions of any superior mortgage or superior lease, and to its rights under Section 22.03 hereof17.03, repair the damage and restore and rebuild the Demised Premises and/or access thereto with reasonable diligence as nearly as may be reasonably practical practicable to its condition and character immediately prior to such damage or destructiondamage. If the proceeds of Tenant's insurance coverage are in the opinion of Landlord insufficient to restore and rebuild the Demised Premises, with reasonable diligence after notice Landlord's obligation to it of repair the damage or destructionand restore and rebuild the Demised Premises shall be subject to Tenant's payment to Landlord of such insufficiency prior to commencement of any work. 22.02 17.02 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed rendered partially or totally untenantable by fire or other casualty not attributable cause without the fault or neglect of Tenant, Tenant's employees, agents, contractors, visitors or licensees, until such repairs are made the Rent shall be apportioned according to the fault, negligence or misuse part of the Demised Premises which is usable by the Tenant, its agent or employees under the provisions of this Lease, the rents payable hereunder Tenant and shall be abated to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage or destruction to the date rent loss insurance shall be exhausted. However, if the proceeds of Tenant's insurance coverage are in the opinion of Landlord insufficient to restore and rebuild the Demised Premises, Landlord's obligation to repair the damage shall be substantially repaired or restored or rebuilt. Should Tenant reoccupy a portion of and restore and rebuild the Demised Premises during the period that the repair, restoration, or rebuilding is in progress and shall be subject to Tenant's payment to Landlord of such insufficiency prior to the date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date commencement of such occupancy to the date any work. 17.03 If the Demised Premises are made tenantable. 22.03 In case of substantial damage totally or destruction of the Demised Premisessubstantially damaged or are rendered wholly or substantially untenantable by fire or other cause, Tenant may terminate this Lease by notice to Landlord, and if Landlord has shall decide not completed to restore or not to rebuild the making of required repairs and restored and rebuilt the Demised Premises and/or access thereto within 12 months from the date of such damage same, or destruction, and such additional time after such date (but in no event to exceed 9 months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or Unavoidable Delays. In case if the Building shall be so damaged by such fire that Landlord shall decide to demolish it or other casualty that substantial renovation, reconstruction or demolition of the Building shall, in Landlord’s opinion, be required not to rebuild it (whether or not the Demised Premises shall have been damaged by such fire or other casualtydamaged), then in any of such events Landlord may, at its option, terminate this Lease and the Term and estate hereby granted, by notifying Tenant of such termination, within sixty one hundred twenty (60120) days after the date occurrence of such damagecasualty, give Tenant notice of such decision, and thereupon the Term of this Lease shall expire upon the date set forth in such notice as fully and completely as if such date were the Expiration Date of this Lease. If at any time Tenant shall then forthwith quit, surrender and vacate the Demised Premises. Such termination and surrender shall be without prejudice to Landlord's rights and remedies against Tenant under the Lease provisions in effect prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 22.01, the holder of a superior mortgage or the lessor of a superior lease or any person claiming under or through the holder of such superior mortgage or the lessor of such superior lease takes possession of the Building through foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination shall be given pursuant to either of the next two preceding sentences, this Lease and the Term and estate hereby granted shall expire as of the date of such termination with the same effect as if that were the date hereinabove set for the expiration of the Termtermination, and the Fixed Rent and additional rent due and to become due reserved hereunder shall be apportioned as of such date if not earlier abated pursuant to Section 22.02. Nothing contained in this Section 22.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Demised Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect17.02. 22.04 17.04 Unless Landlord shall serve a termination notice as provided for in Section 17.03 hereof, Landlord shall make the repairs and restorations as above-described, with all reasonable expedition subject to delays due to adjustment of insurance claims and Events of Force Majeure. No damages, compensation or claim claims shall be payable by Landlord for delay, inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the Building pursuant to this Article. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Tenant’s use and occupancyBuilding. 22.05 17.05 For purposes of this Article 17, casualty damage which Landlord will not carry insurance of any kind on Tenant’s Property and is responsible to repair shall not be obligated deemed to repair any include damage thereto caused by vandalism, unknown cause or replace other act not normally covered under fire and extended coverage insurance policies applicable to office buildings in the samearea in which the Building is located. 22.06 17.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by fire or other casualty, and any statute laws now or regulation hereinafter in force providing for such a contingency in the absence of, of an express agreement, now or hereafter in force, agreement shall have no application in such case. 22.07 17.07 Notwithstanding any of the foregoing provisions of this Lease Article, if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to collect all of the insurance proceeds (including rent insurance proceeds)applicable applicable to damage or destruction of the Demised Premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant’s rents 's rent provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.

Destruction and Damage. 22.01 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed by fire or other casualty, then, Landlord shall, subject to its rights under Section 22.03 hereof, repair the damage and restore and rebuild the Demised Premises and/or access thereto as nearly as may be reasonably practical to its condition and character immediately prior to such damage or destruction, with reasonable diligence after notice to it of the damage or destruction. 22.02 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed by fire or other casualty not attributable to the fault, negligence or misuse of the Demised Premises by the Tenant, its agent or employees under the provisions of this Lease, the rents payable hereunder shall be abated to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage or destruction to the date the damage shall be substantially repaired or restored or rebuilt. Should Tenant reoccupy a portion of the Demised Premises during the period that the repair, restoration, or rebuilding is in progress and prior to the date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date of such occupancy to the date the Demised Premises are made tenantable. 22.03 In case of substantial damage or destruction of the Demised Premises, Tenant may terminate this Lease by notice to Landlord, if Landlord has not completed the making of required repairs and restored and rebuilt the Demised Premises and/or access thereto within 12 months from the date of such damage or destruction, and such additional time after such date (but in no event to exceed 9 months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or Unavoidable Delays. In case the Building shall be so damaged by such fire or other casualty that substantial renovation, reconstruction or demolition of the Building shall, in Landlord’s 's opinion, be required (whether or not the Demised Premises shall have been damaged by such fire or other casualty), then Landlord may, at its option, terminate this Lease and the Term and estate hereby granted, by notifying Tenant of such termination, within sixty (60) days after the date of such damage. If at any time prior to Landlord giving Tenant tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 22.01, the holder of a superior mortgage or the lessor of a superior lease or any person claiming under or through the holder of such superior mortgage or the lessor of such superior lease takes possession of the Building through foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination shall be given pursuant to either of the next two preceding sentences, this Lease and the Term and estate hereby granted shall expire as of the date of such termination with the same effect as if that were the date hereinabove set for the expiration of the Term, and the Fixed Rent and additional rent due and to become due hereunder shall be apportioned as of such date if not earlier abated pursuant to Section 22.02. Nothing contained in this Section 22.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Demised Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. 22.04 No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the Building pursuant to this Article. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Tenant’s 's use and occupancy. 22.05 Landlord will not carry insurance of any kind on Tenant’s Property and 's Property, and, except as provided by law or its breach of any of its obligations hereunder, shall not be obligated to repair any damage thereto or replace the same. 22.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by fire or other casualty, and any statute or regulation providing for such a contingency in the absence of, an express agreement, now or hereafter in force, shall have no application in such case. 22.07 Landlord shall maintain appropriate insurance for the Building. Notwithstanding any of the foregoing provisions of this Lease if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to collect all of the insurance proceeds (including rent insurance proceeds)applicable proceeds) applicable to damage or destruction of the Demised Premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant’s 's rents provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.

Destruction and Damage. 22.01 If the Demised Premises and/or access thereto shall be partially or totally the Building are damaged or destroyed by fire or other insured casualty, then, Landlord shall, subject will give Tenant written notice of the time that Landlord has determined in its reasonable discretion will be needed to its rights under Section 22.03 hereof, repair the damage and restore and rebuild the Demised Premises and/or access thereto as nearly as may election (if any) that Landlord has made according to this section. The notice will be reasonably practical to its condition and character immediately prior to such damage given before the 30TH DAY (the "NOTICE DATE") after the fire or destruction, with reasonable diligence after notice to it of the damage or destruction. 22.02 other insured casualty. If the Demised Premises and/or access thereto shall be partially or totally the Building are damaged or destroyed by fire or other insured casualty not attributable to an extent Landlord has determined in its reasonable discretion can be repaired within 120 DAYS after the faultdate of such damage, negligence or misuse of after the Demised notice date, Landlord will promptly begin to repair the Building and Premises by the Tenant, to a condition comparable to its agent or employees under the provisions of this Lease, the rents payable hereunder shall be abated condition prior to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage and will use reasonable diligence to pursue the completion of such repair. In that event this Lease will continue in full force and effect, except that Rent will be abated on a pro rata basis from the date of the damage until the date of the completion of such repairs (the "REPAIR period"), based on the proportion of the rentable area of the Premises that is unsuitable for Tenant's business, as reasonably determined by Tenant in its good faith discretion, as a result of such damage. If the Premises or destruction the Building are damaged by fire or other insured casualty to an extent Landlord has determined in its reasonable discretion cannot be repaired within 120 DAYS after the notice date, then (1) Landlord may cancel this Lease as of the date of the damage by written notice given to Tenant on or before the notice date, or (2) Tenant may cancel this Lease as of the date of the damage by written notice given to Landlord within 10 DAYS after Tenant's actual receipt of Landlord's written notice that the repairs cannot be made within such 120-DAY period. In any event, if written notice as to the date time that Landlord has determined in its reasonable discretion will be needed to repair the damage shall be substantially repaired and the election (if any) that Landlord has made according to this section is not actually received by Tenant on or restored or rebuilt. Should before the notice date, then Tenant reoccupy a portion may cancel this Lease as of the Demised date of the damage by written notice given to Landlord within 10 DAYS after the notice date. If neither Landlord nor Tenant so elects to cancel this Lease, Landlord will use reasonable diligence to proceed to repair the Building and Premises during the period that the repair, restoration, or rebuilding is in progress and to a condition comparable to its condition prior to the date of such damage, and Rent will be abated on a pro rata basis during the repair period, based on the proportion of the rentable area of the Premises that the same are made completely tenantableis unsuitable for Tenant's business, rents allocable to such portion shall be payable as reasonably determined by Tenant from in its good faith discretion, as a result of such damage, and if such repair is not completed prior to the date 120 DAYS after the date of such occupancy damage (as such time period may be extended for up to 45 days for delays beyond the date the Demised Premises are made tenantable. 22.03 In case control of substantial damage or destruction Landlord of the Demised Premiseswhich Tenant is given notice, so long as Landlord diligently prosecutes such repair to completion), Tenant may terminate this Lease by notice to Landlord, if Landlord has not completed the making of required repairs and restored and rebuilt the Demised Premises and/or access thereto within 12 months from the date of such damage or destruction, and such additional time after such date (but in no event to exceed 9 months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or Unavoidable Delays. In case the Building shall be so damaged by such fire or other casualty that substantial renovation, reconstruction or demolition of the Building shall, in Landlord’s opinion, be required (whether or not the Demised Premises shall have been damaged by such fire or other casualty), then Landlord may, at its option, terminate this Lease and the Term and estate hereby granted, by notifying Tenant of such termination, within sixty (60) days after the date of such damage. If at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 22.01, the holder of a superior mortgage or the lessor of a superior lease or any person claiming under or through the holder of such superior mortgage or the lessor of such superior lease takes possession of the Building through foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination shall be given pursuant to either of the next two preceding sentences, this Lease and the Term and estate hereby granted shall expire as of the date of such termination with the same effect as if that were damage by giving written notice to Landlord on or before the date hereinabove set for 30 DAYS after the expiration of such 120-DAY period. If the TermPremises or the Building are damaged by any casualty against which Landlord is not required hereby to carry and maintain insurance, and or if the Fixed Rent and additional rent due and insurance proceeds along with any deductible are insufficient to become due hereunder shall be apportioned as pay for the repair of such date if not earlier abated pursuant to Section 22.02. Nothing contained in this Section 22.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Demised Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. 22.04 No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the Building pursuant to this Article. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Tenant’s use and occupancy. 22.05 Landlord will not carry insurance of any kind on Tenant’s Property and shall not be obligated to repair any damage thereto or replace the same. 22.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by fire or other casualty, and any statute or regulation providing for such a contingency in the absence of, an express agreement, now or hereafter in force, shall have no application in such case. 22.07 Notwithstanding any of the foregoing provisions of this Lease if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to collect all of the insurance proceeds (including rent insurance proceeds)applicable to damage or destruction of the Demised Premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant’s rents provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.Building,

Destruction and Damage. 22.01 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed by fire or other casualty, then, Landlord shall, subject to its rights under Section 22.03 hereof, repair the damage and restore and rebuild the Demised Premises and/or access thereto as nearly as may be reasonably practical to its condition and character immediately prior to such damage or destruction, with reasonable diligence after notice to it of the damage or destruction. 22.02 If It the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed by fire or other casualty not attributable to the fault, negligence or misuse of the Demised Premises by the Tenant, its agent or employees under the provisions of this Lease, the rents payable hereunder shall be abated to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage or destruction to the date the damage shall be substantially repaired or restored or rebuilt. Should Tenant reoccupy a portion of the Demised Premises during the period that the repair, restoration, or rebuilding is in progress and prior to the date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date of such occupancy to the date the Demised Premises are made tenantable. 22.03 In case of substantial damage or destruction of the Demised Premises, Tenant may terminate this Lease by notice to Landlord, if Landlord has not completed the making of required repairs and restored and rebuilt the Demised Premises and/or access thereto within 12 9 months from the date of such damage or destruction, and such additional time after such date (but in no event to exceed 9 months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or Unavoidable Delays. In case the Building shall be so damaged by such fire or other casualty that substantial renovation, reconstruction or demolition of the Building shall, in Landlord’s 's opinion, be required (whether or not the Demised Premises shall have been damaged by such fire or other casualty), then Landlord may, at its option, terminate this Lease and the Term and estate hereby granted, by notifying Tenant of such termination, within sixty (60) days after the date of such damage. If at any time prior to Landlord giving Tenant tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 22.01, the holder of a superior mortgage or the lessor of a superior lease or any person claiming under or through the holder of such superior mortgage or the lessor of such superior lease takes possession of the Building through foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination shall be given pursuant to either of the next two preceding sentences, this Lease and the Term and estate hereby granted shall expire as of the date of such termination with the same effect as if that were the date hereinabove set for the expiration of the Term, and the Fixed Rent and additional rent due and to become due hereunder shall be apportioned as of such date if not earlier abated pursuant to Section 22.02. Nothing contained in this Section 22.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Demised Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. 22.04 No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the Building pursuant to this Article. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Tenant’s 's use and occupancy. 22.05 Landlord will not carry insurance of any kind on Tenant’s Property and 's Property, and, except as provided by law or its breach of any of its obligations hereunder, shall not be obligated to repair any damage thereto or replace the same. 22.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by fire or other casualty, and any statute or regulation providing for such a contingency in the absence of, an express agreement, now or hereafter in force, shall have no application in such case. 22.07 Notwithstanding any of the foregoing provisions of this Lease if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to collect all of the insurance proceeds (including rent insurance proceeds)applicable proceeds) applicable to damage or destruction of the Demised Premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant’s 's rents provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.

Destruction and Damage. 22.01 17.01 If the Demised Premises and/or access thereto thereto, or any part thereof, shall be partially or totally damaged or destroyed by fire or other casualtycause, thenTenant shall give immediate notice thereof to Landlord, and this Lease shall continue in full force and effect except as hereinafter set forth. In such event, Landlord shall, subject to compliance with the provisions of any superior mortgage or superior lease, and to its rights under Section 22.03 hereof17.03, repair the damage and restore and rebuild the Demised Premises and/or access thereto with reasonable diligence as nearly as may be reasonably practical practicable to its condition and character immediately prior to such damage or destructiondamage. If the proceeds of Tenant’s insurance coverage are in the opinion of Landlord insufficient to restore and rebuild the Demised Premises, with reasonable diligence after notice Landlord’s obligation to it of repair the damage or destructionand restore and rebuild the Demised Premises shall be subject to Tenant’s payment to Landlord of such insufficiency prior to commencement of any work. 22.02 17.02 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed rendered partially or totally untenantable by fire or other casualty not attributable cause without the fault or neglect of Tenant, Tenant’s employees, agents, contractors, visitors or licensees, until such repairs are made the Rent shall be apportioned according to the fault, negligence or misuse part of the Demised Premises which is usable by the Tenant, its agent or employees under the provisions of this Lease, the rents payable hereunder Tenant and shall be abated to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage or destruction to the date rent loss insurance shall be exhausted. However, if the proceeds of Tenant’s insurance coverage are in the opinion of Landlord insufficient to restore and rebuild the Demised Premises, Landlord’s obligation to repair the damage shall be substantially repaired or restored or rebuilt. Should Tenant reoccupy a portion of and restore and rebuild the Demised Premises during the period that the repair, restoration, or rebuilding is in progress and shall be subject to Tenant’s payment to Landlord of such insufficiency prior to the date that the same are made completely tenantable, rents allocable to such portion shall be payable by Tenant from the date commencement of such occupancy to the date any work. 17.03 If the Demised Premises are made tenantable. 22.03 In case of substantial damage totally or destruction of the Demised Premisessubstantially damaged or are rendered wholly or substantially untenantable by fire or other cause, Tenant may terminate this Lease by notice to Landlord, and if Landlord has shall decide not completed to restore or not to rebuild the making of required repairs and restored and rebuilt the Demised Premises and/or access thereto within 12 months from the date of such damage same, or destruction, and such additional time after such date (but in no event to exceed 9 months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or Unavoidable Delays. In case if the Building shall be so damaged by such fire that Landlord shall decide to demolish it or other casualty that substantial renovation, reconstruction or demolition of the Building shall, in Landlord’s opinion, be required not to rebuild it (whether or not the Demised Premises shall have been damaged by such fire or other casualtydamaged), then in any of such events Landlord may, at its option, terminate this Lease and the Term and estate hereby granted, by notifying Tenant of such termination, within sixty one hundred twenty (60120) days after the date occurrence of such damagecasualty, give Tenant notice of such decision, and thereupon the Term of this Lease shall expire upon the date set forth in such notice as fully and completely as if such date were the Expiration Date of this Lease. If at any time Tenant shall then forthwith quit, surrender and vacate the Demised Premises. Such termination and surrender shall be without prejudice to Landlord’s rights and remedies against Tenant under the Lease provisions in effect prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 22.01, the holder of a superior mortgage or the lessor of a superior lease or any person claiming under or through the holder of such superior mortgage or the lessor of such superior lease takes possession of the Building through foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination shall be given pursuant to either of the next two preceding sentences, this Lease and the Term and estate hereby granted shall expire as of the date of such termination with the same effect as if that were the date hereinabove set for the expiration of the Termtermination, and the Fixed Rent and additional rent due and to become due reserved hereunder shall be apportioned as of such date if not earlier abated pursuant to Section 22.02. Nothing contained in this Section 22.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Demised Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect17.02. 22.04 17.04 Unless Landlord shall serve a termination notice as provided for in Section 17.03 hereof, Landlord shall make the repairs and restorations as above-described, with all reasonable expedition subject to delays due to adjustment of insurance claims and Events of Force Majeure. No damages, compensation or claim claims shall be payable by Landlord for delay, inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the Building pursuant to this Article. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Tenant’s use and occupancyBuilding. 22.05 17.05 For purposes of this Article 17, casualty damage which Landlord will not carry insurance of any kind on Tenant’s Property and is responsible to repair shall not be obligated deemed to repair any include damage thereto caused by vandalism, unknown cause or replace other act not normally covered under fire and extended coverage insurance policies applicable to office buildings in the samearea in which the Building is located. 22.06 17.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by fire or other casualty, and any statute laws now or regulation hereinafter in force providing for such a contingency in the absence of, of an express agreement, now or hereafter in force, agreement shall have no application in such case. 22.07 17.07 Notwithstanding any of the foregoing provisions of this Lease Article, if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to collect all of the insurance proceeds (including rent insurance proceeds)applicable applicable to damage or destruction of the Demised Premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the abatement of Tenant’s rents rent provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.