Common use of Destruction and Restoration Clause in Contracts

Destruction and Restoration. 16.1. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in the event any portion of the Subleased Premises, including any building(s), parking areas or other improvements or facilities located on the Subleased Premises, (but excluding movable trade fixtures, furniture and equipment), shall be damaged by fire or other casualty to the extent of fifty percent (50/a) or less, as determined solely and reasonably by the Sublessor, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as to restore the same as nearly as possible to the condition prior to such damage. In discharging this obligation Sublessee may utilize available insurance in accordance with the provisions of Section 16.4 and Section 16.5 and shall perform such work in accordance with Section 16.6. 16.2. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in the event of damage to or destruction of any portion or component of the Subleased Premises, including any buildings) or other improvements or facilities on the Subleased Premises (but excluding movable trade fixtures, furniture and equipment) by fire or other casualty; to an extent heater than fifty percent (50%), as determined solely and reasonably by the Sublessor, the Sublessee shall have the election either to terminate this Sublease in accordance with Section 16.3 or to repair and restore the damaged portions in accordance with Sections 16.4 and 16.5. 16.3. In the event the Sublessee elects to terminate this Sublease as allowed in Section 16.2, it shall provide written notice of such termination to Sublessor within thirty (30) days following the occurrence of such damage or destruction, which termination shall be effective on the third day following the date of receipt of such notice. In such event, the proceeds received from any applicable policy of insurance shall, subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, be applied first to removing any debris and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balance. 16.4. In the event the Sublessee shall elect to repair and restore the damaged premises in accordance with 162, it shall provide written notice of such election to Sublessor within thirty (30) days following the occurrence of such damage or destruction. In the event Sublessee elects to repair the damage or destruction or fails to exercise its option to terminate herein, Sublessee shall promptly repair and restore the damaged property to its condition immediately prior to the occurrence of the fire or other cause. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance proceeds shall be endorsed by Sublessee and held by the Sublessor and shall be paid out from time to time as the repair/restoration work progresses as follows: (a) Sublessee shall give a written request for payment to the Sublessor which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date of the requisition, and shall state that no part of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21) days after the receipt of such statement from Sublessee; the Sublessor shall out of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to them, or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublessee; provided, however, that such payments shall not exceed in amount the fair value of the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance money paid on account of any damage or destruction (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment of the loss, which costs, fees and expenses shall be paid to Sublessor) shall be applied, to the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied in accordance with the terms of this Article. Notwithstanding any other provisions of this Sublease, but subject to the rights of a subleasehold mortgagee under Section 19.7, any insurance proceeds received by the Sublessor shall not be required to be paid out if at the time of the request for payment from Sublessee, Sublessee is in default in the performance of any term of this Sublease as to which notice of default has been given and which has not been remedied within the time specified for remedying the same. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Premises or any part thereof by fire or any other cause shall permit Sublessee to surrender this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this Article.

Destruction and Restoration. 16.1. 11.1 Subject to the rights provisions of Paragraph 11.3: 11.1.1 If at any time during the Term hereof the Premises or the Building is destroyed or damaged and such damage is "substantial" (as herein defined), and such damage was caused by a Subleasehold Mortgagee casualty insured against under Section 19.7the provisions of this Lease, this Lease shall continue in full force and effect, ("Insurance Proceeds"), Landlord shall commence the event any portion repair of such damage within one hundred and twenty (120) days following the later of (a) Landlord's receipt of notice from Tenant of the Subleased Premises, including occurrence of such loss or (b) Landlord's receipt of insurance proceeds. 11.1.2 If at any building(stime during the Term hereof the Premises is damaged and such damage is not "substantial" (as hereinafter defined), parking areas Landlord shall commence the repair of such damage (unless caused by Tenant or its invitees, employees, contractors, agents or other improvements or facilities located on persons under Tenant's control) and if such non-substantial damage is caused by a casualty insured against under the Subleased Premisesprovisions of this Lease, Landlord shall commence such repair as soon as is reasonably possible after (but excluding movable trade fixtures, furniture and equipment), shall be damaged by fire or other casualty only to the extent of) Landlord's receipt of fifty insurance proceeds, and this Lease shall continue in full force and effect. 11.1.3 Subject to the provisions of Sections 11.2 and 11.3, if at any time during the Term hereof the Premises or the Building is destroyed or damaged and if such damage is "substantial" (as hereinafter defined), and if such damage was caused by a casualty not required to be insured against under the provisions of this Lease, then Landlord at its option shall either (i) commence the repair of such damage at Landlord's expenses, in which event this Lease shall continue in full force and effect, or (ii) cancel and terminate this Lease as of the date of the occurrence of such damage, by giving Tenant written notice of its election to do so within sixty (60) days after the date of occurrence of such damage. 11.2 If the Premises or the Building is destroyed or damaged during the last two (2) years of the Term of this Lease and the estimated cost of repair exceeds twenty-five percent (50/a25%) or less, as determined solely and reasonably by of the Sublessor, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as to restore replacement cost of the same as nearly as possible to the condition Premises prior to such destruction or damage. In discharging , either party may, at its option, cancel and terminate this obligation Sublessee may utilize available insurance in accordance with Lease as of the provisions date of Section 16.4 and Section 16.5 and shall perform occurrence of such work in accordance with Section 16.6. 16.2. Subject damage by giving written notice to the rights other of a Subleasehold Mortgagee under Section 19.7, in the event of damage its election to or destruction of any portion or component of the Subleased Premises, including any buildingsdo so ("Cancellation Notice") or other improvements or facilities on the Subleased Premises (but excluding movable trade fixtures, furniture and equipment) by fire or other casualty; to an extent heater than fifty percent (50%), as determined solely and reasonably by the Sublessor, the Sublessee shall have the election either to terminate this Sublease in accordance with Section 16.3 or to repair and restore the damaged portions in accordance with Sections 16.4 and 16.5. 16.3. In the event the Sublessee elects to terminate this Sublease as allowed in Section 16.2, it shall provide written notice of such termination to Sublessor within thirty (30) days following after the date of occurrence of such damage. If neither party shall elect to terminate this Lease, the repair of such damage shall be governed by Section 13.1 or Section 13.2, as the case may be. 11.3 With respect to destruction and restoration: 11.3.1 If the Premises is destroyed or damaged and Landlord repairs or restores it pursuant to the provisions of this Article, Tenant shall continue the operation of its business in the Premises to the extent reasonably practicable from the standpoint of prudent business management, and the Rent payable hereunder for the period during which such damage, repair, or restoration continues shall be abated in proportion to the degree of which Tenant's use of the Premises is impaired. Tenant shall have no claim against Landlord for any damage suffered by Tenant by reason of such damage, destruction, repair, or restoration. 11.3.2 If Landlord shall be obligated to repair or restore the Premises under the provisions of this Article and if Landlord shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, and thereafter diligently pursue same in a reasonable manner to completion, Tenant may at its option cancel and terminate this Lease, as its sole and exclusive remedy against Landlord, as of the date of occurrence of such damage or destruction, which termination shall be effective on by giving Landlord written notice of its election to do so at any time prior to the third day following the date of receipt commencement of such notice. In repair or restoration or after commencement, at such event, the proceeds received from any applicable policy of insurance shall, subject time as Landlord has commenced such repair or restoration but Landlord has failed to the rights of any Subleasehold Mortgagee, as defined in Article 19, be applied first to removing any debris diligently pursue same and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balance. 16.4. In the event the Sublessee shall elect to repair and restore the damaged premises in accordance with 162, it shall provide Tenant has given Landlord written notice of such election to Sublessor within thirty failure and fifteen (3015) days following the occurrence have elapsed since Landlord's receipt of Tenant's notice therefor and Landlord has not recommenced such damage repair or destruction. restoration. 11.4 In the event Sublessee elects of any reconstruction of the Premises under this Article, said reconstruction shall be in substantial conformity with the condition of the Premises which Landlord was required to repair deliver at the damage or destruction or fails Commencement Date and Landlord's obligation to exercise reconstruct the Premises shall be only to the extent of such condition. Tenant, at its option to terminate hereinsole cost and expense, Sublessee shall promptly be responsible for the repair and restore restoration of all items constructed on or brought upon the damaged property Premises by Tenant and the replacement of its stock in trade, trade fixtures, furniture, furnishings, and equipment and merchandise hereof promptly upon delivery to its condition immediately prior to the occurrence it of possession of the fire or other cause. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance proceeds shall be endorsed by Sublessee and held by the Sublessor Premises and shall be paid out from time diligently prosecute such installation to time as the repair/restoration work progresses as follows:completion. (a) Sublessee shall give a written request for payment to the Sublessor which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description 11.5 Upon any termination of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date this Lease under any of the requisition, and shall state that no part of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21) days after the receipt of such statement from Sublessee; the Sublessor shall out of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to them, or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublessee; provided, however, that such payments shall not exceed in amount the fair value of the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance money paid on account of any damage or destruction (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment of the loss, which costs, fees and expenses shall be paid to Sublessor) shall be applied, to the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied in accordance with the terms provisions of this Article. Notwithstanding any , the parties shall be released thereby without further obligations to the other provisions party coincident with the surrender of possession of the Premises to Landlord except for items which have theretofore accrued and be then unpaid. 11.6 For the purpose of this Sublease, but subject to the rights of a subleasehold mortgagee under Section 19.7, any insurance proceeds received by the Sublessor shall not be required to be paid out if at the time of the request for payment from Sublessee, Sublessee is in default in the performance of any term of this Sublease as to which notice of default has been given and which has not been remedied within the time specified for remedying the same. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Premises or any part thereof by fire or any other cause shall permit Sublessee to surrender this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this Article.,

Destruction and Restoration. 16.1. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in ‌ In the event of damage or destruction or loss of the Private Improvements and/or Ancillary Improvements, or any portion thereof, which damage, destruction or loss cannot be repaired or replaced within six (6) months, Lessee shall have the option, exercisable by written notice given to CITY and OCWUT within thirty (30) days after the occurrence of such event, to terminate this Amended and Restated Lease. In the event of the Subleased Premisessuch damage, including any building(s)loss or destruction of the Private Improvements and/or Ancillary Improvements, parking areas after which Lessee elects to terminate, as provided herein, Lessee will return to CITY and OCWUT the Amended Leased Property, clear of each such damaged or other improvements destroyed site or facilities located on structures, or not at the Subleased PremisesCITY and/or OCWUT's option. If Lessee does not exercise the foregoing option to terminate this Amended and Restated Lease, (but excluding movable trade fixturesLessee shall, furniture either A. Diligently pursue the settlement of claims and equipment)promptly commence, and diligently pursue to completion, within such period as shall be damaged by fire or other casualty to the extent of fifty percent (50/a) or less, as determined solely and reasonably approved by the SublessorCITY and/or OCWUT, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as to restore the same repair, replacement, or restoration of all damaged, destroyed or lost Private Improvements and/or Ancillary Improvements, or any portion thereof, as nearly as possible to the condition prior to such damage. In discharging this obligation Sublessee may utilize available insurance it was in accordance with the provisions of Section 16.4 and Section 16.5 and shall perform such work in accordance with Section 16.6. 16.2. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in the event of damage to or destruction of any portion or component of the Subleased Premises, including any buildings) or other improvements or facilities on the Subleased Premises (but excluding movable trade fixtures, furniture and equipment) by fire or other casualty; to an extent heater than fifty percent (50%), as determined solely and reasonably by the Sublessor, the Sublessee shall have the election either to terminate this Sublease in accordance with Section 16.3 or to repair and restore the damaged portions in accordance with Sections 16.4 and 16.5. 16.3. In the event the Sublessee elects to terminate this Sublease as allowed in Section 16.2, it shall provide written notice of such termination to Sublessor within thirty (30) days following the occurrence of such damage or destruction, which termination shall be effective on the third day following the date of receipt of such notice. In such event, the proceeds received from any applicable policy of insurance shall, subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, be applied first to removing any debris and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balance. 16.4. In the event the Sublessee shall elect to repair and restore the damaged premises in accordance with 162, it shall provide written notice of such election to Sublessor within thirty (30) days following the occurrence of such damage or destruction. In the event Sublessee elects to repair the damage or destruction or fails to exercise its option to terminate herein, Sublessee shall promptly repair and restore the damaged property to its condition immediately prior to the occurrence of damage, destruction or loss; or, B. Repair, replace or restore the fire Private Improvements and/or Ancillary Improvements with such changes or other causealterations as may be reasonably requested by Lessee and approved by CITY and OCWUT, which approval shall not be unreasonably withheld. 1. Subject To Lessee's mortgagee, as the case may be, according to the rights terms of a Subleasehold Mortgagee any mortgage agreement; 2. Then to Lessee to clear and remove, if requested by CITY or OCWUT, any damaged, lost or destroyed property or improvements; and 3. With any remaining proceeds to be the property of Lessee and to be paid to Lessee, except that in the instance of termination of this Amended L and Restated ease by Lessee as provided in this Section during the last four years of any term under Section 19.7, all insurance this Amended and Restated Lease the remaining proceeds shall be endorsed by Sublessee and held by the Sublessor and shall be paid out from time treated as Gross Revenues to time as the repair/restoration work progresses as follows: (a) Sublessee shall give a written request for payment to the Sublessor which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date of the requisition, and shall state that no part of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21) days after the receipt of such statement from Sublessee; the Sublessor shall out of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to them, or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublessee; provided, however, that such payments shall not exceed in amount the fair value of the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance money paid on account of any damage or destruction (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment of the loss, which costs, fees and expenses shall be paid to Sublessor) shall be applied, to the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition Lessee and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied OCWUT in accordance with this Amended and Restated Lease. This provision shall not prohibit CITY or OCWUT from separately insuring their interests in this Amended and Restated Lease, the terms of this Article. Notwithstanding Amended Leased Property, or any other provisions of this Sublease, but subject improvements to the rights of a subleasehold mortgagee Amended Leased Property or from collecting any or all proceeds awarded under Section 19.7, any their insurance proceeds received by the Sublessor shall not be required to be paid out if at the time of the request for payment from Sublessee, Sublessee is in default in the performance of any term of this Sublease as to which notice of default has been given and which has not been remedied within the time specified for remedying the same. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Premises or any part thereof by fire policies or any other cause insurance coverage provided pursuant to this Amended Lease or otherwise. Nothing herein should limit, relieve, or define Lessee's obligation to restore the Amended Leased Property, in accordance with this Amended and Restated Lease, regardless of the sufficiency of the insurance proceeds. This Section shall permit Sublessee to surrender survive the termination, cancellation, expiration or non-renewal of this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, Amended and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this ArticleRestated Lease.

Destruction and Restoration. 16.112.1. Subject to If the rights of a Subleasehold Mortgagee under Section 19.7, in Premises or the event any portion of the Subleased Premises, including any building(s), parking areas or other improvements or facilities located on the Subleased Premises, (but excluding movable trade fixtures, furniture and equipment), Building shall be damaged to the extent of twenty- five percent (25%) or more of the cost of replacement thereof by any insured casualty, or damaged by any uninsured casualty, Landlord and Tenant each shall have the option to terminate this Lease to be exercised by notice to the other party given not more than three (3) months from the later to occur of the date of such damage or, if an insured loss, the date Landlord receives its final insurance adjustment. If neither party elects to rebuild, Landlord shall, at its expense, proceed to restore the Premises to substantially the state in which it existed prior to the Effective Date, except that Landlord shall not be obligated to restore any component that was demolished or replaced by Tenant. All repairs and restorations of the Premises not so included shall be performed by Tenant in conformance with Article VII and Exhibit "C". The parties shall promptly commence and diligently proceed with their restoration obligations hereunder. 12.2. If the Premises shall be damaged to the extent of less than twenty-five percent (25%) of the cost of replacement by fire or other casualty to covered by Landlord's All Risk Property coverage during the extent Term, except for the last year of fifty percent (50/a) or lessthis Lease, as determined solely and reasonably by the Sublessorthen Landlord shall, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as its expense, proceed to restore the same as nearly as possible Premises to substantially the state in which it existed prior to the condition prior Effective Date, except that Landlord shall not be obligated to such damagerestore any component that was demolished or replaced by Tenant. In discharging this obligation Sublessee may utilize available insurance in accordance with the provisions of Section 16.4 All repairs and Section 16.5 and shall perform such work in accordance with Section 16.6. 16.2. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in the event of damage to or destruction of any portion or component restorations of the Subleased PremisesPremises not so included shall be performed by Tenant in conformance with Article VII and Exhibit "C". The parties shall promptly commence and diligently proceed with their restoration obligations hereunder. If such an event occurs during the last year of this Lease, including any buildings) or other improvements or facilities on the Subleased Premises (but excluding movable trade fixtures, furniture and equipment) by fire or other casualty; to an extent heater than fifty percent (50%), as determined solely and reasonably by the Sublessor, the Sublessee then Landlord shall have the election either option to rebuild or terminate this Sublease in accordance with Section 16.3 or Lease to repair and restore the damaged portions in accordance with Sections 16.4 and 16.5. 16.3. In the event the Sublessee elects be exercised by notice to terminate this Sublease as allowed in Section 16.2, it shall provide written notice of such termination to Sublessor within Tenant given not more than thirty (30) days following from the occurrence later to occur of the date of such damage or destruction, which termination shall be effective on the third day following the date of receipt of such notice. In such event, the proceeds received from any applicable policy of Landlord receives its final insurance shall, subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, be applied first to removing any debris and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balanceadjustment. 16.412.3. In the event of total destruction of the Sublessee Premises, Tenant's rent shall elect to repair and restore completely xxxxx from the damaged premises in accordance with 162, it shall provide written notice date of such election destruction. If Landlord elects to Sublessor within rebuild as aforesaid, Tenant's rent shall completely xxxxx from the date of such destruction until thirty (30) days following after the occurrence date when Landlord notifies Tenant that Landlord's work in the Premises is complete, or upon the date when Tenant completes its restoration of such damage or destructionthe Premises, whichever event shall first occur. In the event Sublessee elects to repair the damage or of a partial destruction or fails to exercise its option to terminate hereindamage whereby Tenant shall be deprived of the occupancy and use of only a portion of the Premises, Sublessee then Minimum Rent shall promptly repair and restore the damaged property to its condition immediately prior be equitably apportioned according to the occurrence Floor Area of the fire or other cause. Subject to the rights of a Subleasehold Mortgagee under Section 19.7Premises which is unusable by Tenant, all insurance proceeds shall be endorsed by Sublessee and held by the Sublessor and shall be paid out from time to until such time as the repair/restoration work progresses Premises are repaired or restored as follows:provided herein. 12.4. Each party hereto ("Releasing Party") hereby releases the other ("Released Party") from any liability which the Released Party would, but for this Section 12.4, have had to the Releasing Party arising out of or in connection with any accident or occurrence or casualty (a) Sublessee shall give a written request for payment to which is or would be covered by an All Risk Property coverage policy, including Sprinkler Leakage Legal Liability coverage policy, in the Sublessor state in which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid Premises is located regardless of whether or not such coverage is being carried by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date of the requisitionReleasing Party, and shall state that no part of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21) days after to the receipt extent of recovery under any other casualty or property damage insurance being carried by the Releasing Party at the time of such statement accident or occurrence or casualty, which accident or occurrence or casualty may have resulted in whole or in part from Sublessee; the Sublessor shall out any act or neglect of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to themReleased Party, its officers, agents or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublesseeemployees; provided, however, that such payments the release hereinabove set forth shall not exceed in amount become inoperative and null and void if the fair value of Releasing Party contracts for the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee carried under Section 19.7, all insurance money paid on account of any damage or destruction (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment of the loss, which costs, fees and expenses shall be paid to Sublessor) shall be applied, to the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied in accordance with the terms of this Article. Notwithstanding Lease with an insurance company which (a) takes the position that the existence of such release vitiates or would adversely affect any other provisions of this Sublease, but subject policy so insuring the Releasing Party in a substantial manner and notice thereof is given to the rights Released Party, or (b) requires the payment of a subleasehold mortgagee under Section 19.7, any insurance proceeds received higher premium by the Sublessor shall not be required to be paid out if at the time reason of the request for payment from Sublesseeexistence of such release, Sublessee is in default unless in the performance of any term of this Sublease as to which latter case the Released Party, within ten (10) days after notice of default has been given and which has not been remedied within thereof from the time specified for remedying the sameReleasing Party, pays such increase in premium. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Premises or any part thereof by fire or any other cause shall permit Sublessee to surrender this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this Article.

Destruction and Restoration. 16.1. Subject to A. If the rights of Building or the Premises or a Subleasehold Mortgagee under Section 19.7, in the event any substantial portion of the Subleased Premises, including any building(s), parking areas or other improvements or facilities located on the Subleased Premises, (but excluding movable trade fixtures, furniture and equipment), shall be damaged by fire or other casualty to the extent of fifty percent (50/a) or less, as determined solely and reasonably by the Sublessor, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as to restore the same as nearly as possible to the condition prior to such damage. In discharging this obligation Sublessee may utilize available insurance in accordance with the provisions of Section 16.4 and Section 16.5 and shall perform such work in accordance with Section 16.6. 16.2. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in the event of damage to or destruction of any portion or component of the Subleased Premises, including any buildings) or other improvements or facilities on the Subleased Premises (but excluding movable trade fixtures, furniture and equipment) either are rendered untenantable by fire or other casualty; to an extent heater than fifty percent , and if such damage cannot, in Landlord's reasonable estimation, be materially restored within one hundred twenty (50%)120) days of such damage, as determined solely and reasonably by the Sublessorthen Landlord may, the Sublessee shall have the election either to at its sole option, terminate this Sublease in accordance with Section 16.3 Lease as of the date of such fire or to repair and restore the damaged portions in accordance with Sections 16.4 and 16.5. 16.3casualty. In the event the Sublessee elects to terminate this Sublease as allowed in Section 16.2, it Landlord shall provide exercise its option provided herein by written notice of such termination to Sublessor within thirty (30) days following the occurrence of such damage fire or destructionother casualty. For purposes hereof, which termination the Building or the Premises shall be effective on deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the third day following Premises for the date of receipt of such notice. In such event, the proceeds received from any applicable policy of insurance shall, subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, be applied first to removing any debris and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall purpose for which it was then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balancebeing used. 16.4. In the event the Sublessee B. If this Lease is not terminated pursuant to Section XIII.A, then Landlord shall elect proceed with all due diligence to repair and restore the damaged premises in accordance with 162Building or the Premises, it shall provide written notice as the case may be (except that either Landlord or Tenant may elect not to rebuild and may terminate this Lease if such damage occurs during the last year of the Lease Term exclusive of any option which is unexercised at the date of such election damage). C. If this Lease shall be terminated pursuant to Sublessor within thirty (30) days following this Section XIII, the occurrence Lease Term shall end on the date of such damage as if that date had been originally fixed in this Lease as the Expiration Date. If this Lease shall not be terminated pursuant to this Section XIII and if the Premises is rendered untenantable in whole or destructionin part following such damage, the Rent payable during the period in which the Premises is untenantable shall be reduced in proportion to that part of the Premises which is rendered untenantable. In the event Sublessee elects that Landlord should fail to repair the damage or destruction or fails to exercise its option to terminate herein, Sublessee shall promptly repair complete such repairs and restore the damaged property to its condition immediately prior to the occurrence of the fire or other cause. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance proceeds shall be endorsed by Sublessee and held by the Sublessor and shall be paid out from time to time as the repair/material restoration work progresses as follows: within one hundred fifty (a) Sublessee shall give a written request for payment to the Sublessor which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date of the requisition, and shall state that no part of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21150) days after the receipt of such statement from Sublessee; the Sublessor shall out of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to them, or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublessee; provided, however, that such payments shall not exceed in amount the fair value of the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance money paid on account of any damage or destruction (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment of the loss, which costs, fees and expenses shall be paid to Sublessor) shall be applied, to the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied in accordance with the terms of this Article. Notwithstanding any other provisions of this Sublease, but subject to the rights of a subleasehold mortgagee under Section 19.7, any insurance proceeds received by the Sublessor shall not be required to be paid out if at the time of the request for payment from Sublessee, Sublessee is in default in the performance of any term of this Sublease as to which notice of default has been given and which has not been remedied within the time specified for remedying the same. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Premises or any part thereof by fire or any other cause shall permit Sublessee to surrender this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this Article.date

Destruction and Restoration. 16.1. 11.1 Subject to the rights provisions of a Subleasehold Mortgagee under Section 19.7, in Paragraph 11.3: 11.1.1 If at any time during the event any portion of Term hereof the Subleased Premises, including any building(sPremises or the Building is destroyed or damaged and such damage is “substantial” (as herein defined), parking areas or other improvements or facilities located on and such damage was caused by a casualty insured against under the Subleased Premisesprovisions of this Lease, (but excluding movable trade fixturesthis Lease shall continue in full force and effect and, furniture provided and equipment), shall be damaged by fire or other casualty only to the extent that Landlord actually receives insurance proceeds therefor (“Insurance Proceeds”), Landlord shall commence the repair of fifty such damage within ninety (90) days following the later of (a) Landlord’s receipt of notice from Tenant of the occurrence of such loss or (b) Landlord’s receipt of insurance proceeds. 11.1.2 If at any time during the Term hereof the Premises is damaged and such damage is not “substantial” (as hereinafter defined), Landlord shall commence the repair of such damage (unless caused by Tenant or its invitees, employees, contractors, agents or other persons under Tenant’s control) and if such non-substantial damage is caused by a casualty insured against under the provisions of this Lease, Landlord shall commence such repair as soon as is reasonably possible after (and only to the extent of) Landlord’s receipt of insurance proceeds, and this Lease shall continue in full force and effect. 11.1.3 Subject to the provisions of Sections 11.2 and 11.3, if at any time during the Term hereof the Premises or the Building is destroyed or damaged and if such damage is “substantial” (as hereinafter defined), and if such damage was caused by a casualty not required to be insured against under the provisions of this Lease, then Landlord at its option shall either (i) commence the repair of such damage at Landlord’s expense, in which event this Lease shall continue in full force and effect, or (ii) cancel and terminate this Lease as of the date of the occurrence of such damage, by giving Tenant written notice of its election to do so within sixty (60) days after the date of occurrence of such damage. 11.2 If the Premises or the Building is destroyed or damaged during the last two (2) years of the Term of this Lease and the estimated cost of repair exceeds twenty-five percent (50/a25%) or less, as determined solely and reasonably by of the Sublessor, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as to restore replacement cost of the same as nearly as possible to the condition Premises prior to such destruction or damage. In discharging , either party may, at its option, cancel and terminate this obligation Sublessee may utilize available insurance in accordance with Lease as of the provisions date of Section 16.4 and Section 16.5 and shall perform occurrence of such work in accordance with Section 16.6. 16.2. Subject damage by giving written notice to the rights other of a Subleasehold Mortgagee under Section 19.7, in the event of damage its election to or destruction of any portion or component of the Subleased Premises, including any buildingsdo so (“Cancellation Notice”) or other improvements or facilities on the Subleased Premises (but excluding movable trade fixtures, furniture and equipment) by fire or other casualty; to an extent heater than fifty percent (50%), as determined solely and reasonably by the Sublessor, the Sublessee shall have the election either to terminate this Sublease in accordance with Section 16.3 or to repair and restore the damaged portions in accordance with Sections 16.4 and 16.5. 16.3. In the event the Sublessee elects to terminate this Sublease as allowed in Section 16.2, it shall provide written notice of such termination to Sublessor within thirty (30) days following after the date of occurrence of such damage. If neither party shall elect to terminate this Lease, the repair of such damage shall be governed by Section 13.1 or Section 13.2, as the case may be. 11.3 With respect to destruction, damage, restoration and repair: 11.3.1 If the Premises is destroyed or damaged and Landlord repairs or restores it pursuant to the provisions of this Article, Tenant shall continue the operation of its business in the Premises to the extent reasonably practicable from the standpoint of prudent business management, and the Rent payable hereunder for the period during which such damage, repair, or restoration continues shall be abated in proportion to the degree of which Tenant’s use of the Premises is impaired. Tenant shall have no claim against Landlord for any damage suffered by Tenant by reason of such damage, destruction, repair, or restoration. 11.3.2 If Landlord shall be obligated to repair or restore the Premises under the provisions of this Article and if Landlord shall not commence such repair or restoration within ninety (90) days after such obligation shall accrue, and thereafter diligently pursue same in a reasonable manner to completion, and complete same within 180 days after the work was commenced or should have been commenced, whichever is earlier, Tenant may at its option cancel and terminate this Lease, as its sole and exclusive remedy against Landlord, as of the date of occurrence of such damage by giving Landlord written notice of its election to do so at any time prior to the commencement of such repair or restoration or after commencement, at such time as Landlord has commenced such repair or restoration but Landlord has failed to diligently pursue same and complete same as described above. Tenant shall also have the right to terminate this Lease after the occurrence of any “substantial” damage or destruction if a licensed and reputable Florida architect or general contractor provides a written opinion that the damage or destruction cannot be reasonably expected to be repaired within 210 days after the occurrence of such damage or destruction, which termination shall be effective on the third day following the date of receipt of such notice. In such event, the proceeds received from any applicable policy of insurance shall, subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, be applied first to removing any debris and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balance. 16.4. 11.4 In the event of any reconstruction of the Sublessee Premises under this Article, said reconstruction shall elect be in substantial conformity with the condition of the Premises which Landlord was required to deliver at the Commencement Date and Landlord’s obligation to reconstruct the Premises shall be only to the extent of such condition. Tenant, at its sole cost and expense, shall be responsible for the repair and restore restoration of all items constructed on or brought upon the damaged premises Premises by Tenant and the replacement of its stock in accordance with 162trade, trade fixtures, furniture, furnishings, and equipment and merchandise hereof promptly upon delivery to it shall provide written notice of such election to Sublessor within thirty (30) days following the occurrence of such damage or destruction. In the event Sublessee elects to repair the damage or destruction or fails to exercise its option to terminate herein, Sublessee shall promptly repair and restore the damaged property to its condition immediately prior to the occurrence possession of the fire or other cause. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance proceeds shall be endorsed by Sublessee and held by the Sublessor Premises and shall be paid out from time diligently prosecute such installation to time as the repair/restoration work progresses as follows:completion. (a) Sublessee shall give a written request for payment to the Sublessor which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description 11.5 Upon any termination of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date this Lease under any of the requisition, and shall state that no part of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21) days after the receipt of such statement from Sublessee; the Sublessor shall out of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to them, or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublessee; provided, however, that such payments shall not exceed in amount the fair value of the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance money paid on account of any damage or destruction (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment of the loss, which costs, fees and expenses shall be paid to Sublessor) shall be applied, to the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied in accordance with the terms provisions of this Article. Notwithstanding any , the parties shall be released thereby without further obligations to the other provisions party coincident with the surrender of possession of the Premises to Landlord except for items which have theretofore accrued and be then unpaid. 11.6 For the purpose of this Sublease, but subject to the rights of a subleasehold mortgagee under Section 19.7, any insurance proceeds received by the Sublessor shall not be required to be paid out if at the time of the request for payment from Sublessee, Sublessee is in default in the performance of any term of this Sublease as to which notice of default has been given and which has not been remedied within the time specified for remedying the same. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Premises or any part thereof by fire or any other cause shall permit Sublessee to surrender this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this Article.,

Destruction and Restoration. 16.1. Subject to 14.1 If the rights of a Subleasehold Mortgagee under Section 19.7, in Demised Premises or the event any portion of the Subleased Premises, including any building(s), parking areas or other improvements or facilities located on the Subleased Premises, (but excluding movable trade fixtures, furniture and equipment), Building shall be damaged or destroyed by fire or other casualty to the extent that the cost of fifty repairing or replacing the same equals or exceeds twenty-five percent (50/a25%) or less, as determined solely and reasonably by the Sublessor, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as to restore the same as nearly as possible to the condition prior to such damage. In discharging this obligation Sublessee may utilize available insurance in accordance with the provisions of Section 16.4 and Section 16.5 and shall perform such work in accordance with Section 16.6. 16.2. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in the event of damage to or destruction of any portion or component of the Subleased Premisesthen replacement value thereof, including any buildings) or other improvements or facilities on the Subleased Premises then Lessor may, at its option, within sixty (but excluding movable trade fixtures, furniture and equipment) by fire or other casualty; to an extent heater than fifty percent (50%), as determined solely and reasonably by the Sublessor, the Sublessee shall have the election either to terminate this Sublease in accordance with Section 16.3 or to repair and restore the damaged portions in accordance with Sections 16.4 and 16.5. 16.3. In the event the Sublessee elects to terminate this Sublease as allowed in Section 16.2, it shall provide written notice of such termination to Sublessor within thirty (3060) days following after the occurrence of such damage or destructioncasualty, which termination terminate this Lease upon written notice to Lessee. The Lessee's rent shall be effective on the third day following the date of receipt of such notice. In such event, the proceeds received from any applicable policy of insurance shall, subject to the rights of any Subleasehold Mortgagee, as defined xxxxx in Article 19, be applied first to removing any debris and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balance. 16.4. In the event the Sublessee shall elect to repair and restore the damaged premises in accordance with 162, it shall provide written notice of such election to Sublessor within thirty (30) days following the occurrence of such damage or destruction. In the event Sublessee elects to repair the damage or destruction or fails to exercise its option to terminate herein, Sublessee shall promptly repair and restore the damaged property to its condition immediately prior to the occurrence percentage of the fire Demised Premises which cannot be occupied or other cause. Subject to used in the rights of a Subleasehold Mortgagee under Section 19.7Lessee's's sole opinion, all insurance proceeds shall be endorsed by Sublessee and held by the Sublessor and shall be paid out from time to time as the repair/restoration work progresses as follows: (a) Sublessee shall give a written request for payment to the Sublessor which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date of the requisitioncasualty. 14.2 If the Demised Premises or the Building shall be damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same be less than twenty-five percent (25%) of the then replacement value thereof, and or in the event Lessor does not elect to terminate this Lease as provided in Paragraph 14.1 above, then Lessor shall state that no part repair the damage with reasonable dispatch after notice of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21) days after the receipt of such statement from Sublessee; the Sublessor shall out of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to them, or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublesseecasualty; provided, however, that such payments Lessor's obligation to repair or restore shall be limited to restoring the structural portions of the Demised Premises and shall not exceed in amount include repairs or the fair value of the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance money paid on account restoration of any of Lessee's fixtures, improvements or other alterations made by Lessee in or upon the Demised Premises; provided, further, however, in the event such damage or destruction occurs during the last three (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment 3) years of the lossTerm, which coststhe Lessor or Lessee shall have the option, fees and expenses to be exercised by notice to other party within ninety (90) days after the occurrence of any casualty, to either rebuild or terminate this Lease. Notwithstanding anything provided herein to the contrary, Lessor's obligation to repair or rebuild shall be paid to Sublessor) shall be applied, limited to the payment amount of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied in accordance with the terms of this Article. Notwithstanding any other provisions of this Sublease, but subject to the rights of a subleasehold mortgagee under Section 19.7, any fire insurance proceeds received by Lessor plus Lessor's insurance policy deductible(s) (less any costs incurred by Lessor in collecting the Sublessor same) as a result of any such casualty. If the fire insurance proceeds received by Lessor plus Lessee's insurance policy deductibles (less any costs incurred by Lessor in collecting the same) are insufficient to rebuild the Demised Premises, or the holder of the First Mortgage encumbering the Building restricts Lessor from doing so, then Lessor shall not have the option to terminate the Lease upon notice to Lessee within ninety (90) days after Lessor's receipt of the entire net insurance proceeds payable with respect to such fire or casualty. 14.3 If this Lease is terminated in the manner set forth above, the rentals, including Additional Rents, shall be required apportioned to be paid out if at the time of such casualty. In the request for payment from Sublesseeevent this Lease is not terminated and Lessor elects to restore or repair the Demised Premises, Sublessee then the Minimum Base Rent payable by Lessee shall be equitably abated based on the square footage of the Demised Premises which is in default in usable, until such time as the performance of any term of this Sublease as to which notice of default has been given and which has not been remedied within the time specified for remedying the same. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Demised Premises or any part thereof by fire or any other cause shall permit Sublessee to surrender this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this Articlehas been repaired.

Destruction and Restoration. 16.1. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in 14.1 In the event any portion of the Subleased Premises, including any building(s), parking areas Premises or other improvements or facilities located on the Subleased Premises, (but excluding movable trade fixtures, furniture and equipment), Property shall be damaged by fire or other casualty to the extent of fifty percent (50/a) or less, as determined solely and reasonably by the Sublessor, such damage shall be repaired by Sublessee as promptly as possible and at Sublessee's expense so as to restore the same as nearly as possible to the condition prior to such damage. In discharging this obligation Sublessee may utilize available insurance in accordance with the provisions of Section 16.4 and Section 16.5 and shall perform such work in accordance with Section 16.6. 16.2. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, in the event of damage to or destruction of any portion or component of the Subleased Premises, including any buildings) or other improvements or facilities on the Subleased Premises (but excluding movable trade fixtures, furniture and equipment) destroyed by fire or other casualty; , to an the extent heater than that the cost of repairing or replacing the same will equal or exceed fifty percent (50%), as determined solely and reasonably by ) of the Sublessorthen replacement value thereof, the Sublessee Landlord may, at its option, within sixty (60) days after the occurrence of such casualty, terminate this Lease upon written notice to the Tenant. 14.2 In the event the Premises or the Property shall be damaged or destroyed by fire or other casualty, to the extent that the cost of repairing or replacing the same will not equal or exceed fifty percent (50%) of the then replacement value thereof, or in the event Landlord does not elect to terminate this Lease as provided in Article 14.1 above, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty, provided, however, the Landlord’s obligation to repair or restore shall be limited to restoring the structural portions of the Premises and shall not include repairs or the restoration of any of the Tenant’s fixtures, improvements or other alterations made by Tenant in or upon the Premises; provided, further, however, in the event such damage or destruction occurs during the last two (2) years of the term hereof, the Landlord shall have the election option, to be exercised by notice to Tenant within ninety (90) days after the occurrence of any casualty, either to rebuild or to terminate this Sublease in accordance with Section 16.3 Lease. Notwithstanding anything provided herein to the contrary, the Landlord’s obligation to repair or to repair rebuild shall be limited to the amount of the insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) and restore if such amount is insufficient to rebuild the damaged portions in accordance Premises, then Landlord shall have the option to terminate the Lease upon notice to Tenant within ninety (90) days after Landlord’s receipt of the entire net insurance proceeds payable with Sections 16.4 and 16.5respect to such fire or casualty. 16.314.3 In the event this Lease is terminated in the manner set forth in this Article 14, the Rent, including Additional Rent, shall be apportioned to the time of such casualty. In the event this Lease is not terminated and Landlord elects to restore or repair the Sublessee elects Premises, then the Rent payable by Tenant hereunder shall be equitably abated based on the approximate portion of the Premises which is usable, until such time as the damage to the Premises has been repaired. 14.4 In addition to all other payments, the Tenant shall pay to Landlord any loss deductible amount which may be payable by Landlord under its fire and casualty insurance policies in connection with any loss in or about the Premises, regardless of whether such loss was caused or occasioned by the negligence of Tenant, its agents, employees or sureties, unless such loss was caused or occasioned solely by the Landlord, its agents or employees. Notwithstanding anything herein to the contrary, should Landlord elect to repair or replace the damaged Premises or Property, and Landlord fails to deliver the Premises as restored, within 240 days of the occurrence of the casualty, then Tenant shall have the right to terminate this Sublease as allowed in Section 16.2, it shall provide written notice of such termination to Sublessor within Lease upon giving Landlord thirty (30) days following the occurrence of such damage or destruction, which termination shall be effective on the third day following the date of receipt of such notice. In such event, the proceeds received from any applicable policy of insurance shall, subject notice to the rights of any Subleasehold Mortgagee, as defined in Article 19, be applied first to removing any debris and restoring the site to a condition satisfactory to the Sublessor; and second to any sums owed by Sublessee to the Sublessor. Subject to the rights of any Subleasehold Mortgagee, as defined in Article 19, any balance remaining from any insurance proceeds shall then be apportioned between the Sublessor and Sublessee as follows: First, to Sublessor an amount equal to the unamortized balance of leasehold improvements made at Subles5or's expense calculated on a straight line basis over the useful life of said improvement. Second, to Sublessee an amount equal to the unamortized balance of leasehold improvements made at Sublessee's expense calculated on a straight line basis over the useful life of said improvement. Third, to Sublessor any remaining balanceterminate. 16.4. In the event the Sublessee shall elect to repair and restore the damaged premises in accordance with 162, it shall provide written notice of such election to Sublessor within thirty (30) days following the occurrence of such damage or destruction. In the event Sublessee elects to repair the damage or destruction or fails to exercise its option to terminate herein, Sublessee shall promptly repair and restore the damaged property to its condition immediately prior to the occurrence of the fire or other cause. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance proceeds shall be endorsed by Sublessee and held by the Sublessor and shall be paid out from time to time as the repair/restoration work progresses as follows: (a) Sublessee shall give a written request for payment to the Sublessor which shall be accompanied by a verified statement from Sublessee setting forth that the sum then requested either has been paid by the Sublessee or is justly due to contractors, subcontractors, rnaterialmen, engineers, architects, or other persons who have rendered services or furnished materials for certain work Such statement shall give a description of such services and materials, shall list the several amounts so paid or due to each of such persons, shall state the fair value of such work at the date of the requisition, and shall state that no part of such expenditures has bees or is being made the basis for any other request for payment. Such statement shall state also that except for the amounts listed therein, there is no outstanding indebtedness known to Sublessee after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with such work which, if unpaid, might become the basis of a vendor's, mechanic's, laborer's, materialmen's, or similar lien upon such work or upon the Subleased Premises. (b) Within twenty-one (21) days after the receipt of such statement from Sublessee; the Sublessor shall out of the fund held by the Sublessor pay to the person(s) named in such statement the respective amounts stated in such statement to be due to them, or shall pay to the Sublessee the amount stated in such certificate to have been paid by the Sublessee; provided, however, that such payments shall not exceed in amount the fair value of the relevant work as stated in such certificate. If the total insurance proceeds exceed the amount required to pay the cost of all construction when completed, the Sublessor shall be entitled to retain such excess. 16.5. Subject to the rights of a Subleasehold Mortgagee under Section 19.7, all insurance money paid on account of any damage or destruction (less the actual cost, fees and expenses, if any, incurred by Sublessor in connection with the adjustment of the loss, which costs, fees and expenses shall be paid to Sublessor) shall be applied, to the payment of the cost of the aforesaid restoration, repairs, replacement, rebuilding or alterations, including the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs;; `replacements, rebuilding or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement: rebuilding or alterations are hereinafter collectively referred to as the "restoration"). Such insurance money shall be endorsed by Sublessor, and Sublessee and held and applied in accordance with the terms of this Article. Notwithstanding any other provisions of this Sublease, but subject to the rights of a subleasehold mortgagee under Section 19.7, any insurance proceeds received by the Sublessor shall not be required to be paid out if at the time of the request for payment from Sublessee, Sublessee is in default in the performance of any term of this Sublease as to which notice of default has been given and which has not been remedied within the time specified for remedying the same. 16.6. All repair/restoration work under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 16.7. Except as otherwise expressly provided in this Article, no destruction of, or damage to the Subleased Premises or any part thereof by fire or any other cause shall permit Sublessee to surrender this Sublease or shall relieve Sublessee from its obligations to pay the full ground rent, and additional rent payable under this Sublease or from any of its other obligations under this Sublease, and Sublessee waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Sublease or the Subleased Premises or any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage other than as allowed under this Article.