Common use of Destruction Due to Risk Covered by Insurance Clause in Contracts

Destruction Due to Risk Covered by Insurance. If the Premises is totally or partially destroyed from a risk covered by the insurance described in Section 11, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises to substantially the same condition it was in immediately before the destruction. The destruction shall not terminate this Lease. If the then existing laws do not permit the restoration, either party can terminate this Lease by giving written notice to the other party. If the cost of the restoration exceeds the amount of the insurance proceeds received by Landlord for the restoration and not required to be applied to the reduction of indebtedness secured by a mortgage covering the Premises, Landlord may elect to terminate this Lease by giving notice to Tenant within thirty (30) days after determining that the restoration costs will exceed the insurance proceeds received. If Landlord elects to terminate this Lease as a result thereof, Tenant, within thirty (30) days after receiving Landlord's notice to terminate, may elect to pay to Landlord the difference between the amount of insurance proceeds received and the cost of restoration, in which case Landlord shall restore the Premises. After the restoration, Landlord shall give Tenant satisfactory evidence that all sums contributed by Tenant as provided by this Section 15.1 have been expended by Landlord in paying for the cost of restoration. <PAGE> 28

Destruction Due to Risk Covered by Insurance. If the Demised -------------------------------------------- Premises is totally or partially destroyed from a risk covered by the insurance described in Section 1111.4, rendering the Demised Premises totally or partially inaccessible or unusable, Landlord shall restore the Demised Premises to substantially the same condition it was in immediately before the destruction. The destruction shall not terminate this Lease. If the then existing laws do not permit the restoration, either party can terminate this Lease by giving written notice to the other party. If the cost of the restoration exceeds the amount of the insurance proceeds received by Landlord for the restoration and not required to be applied to the reduction of indebtedness secured by a mortgage covering the Demised Premises, Landlord may elect to terminate this Lease by giving notice to Tenant within thirty (30) days after determining that the restoration costs will exceed the insurance proceeds received. If Landlord elects to terminate this Lease as a result thereof, Tenant, within thirty (30) days after receiving Landlord's notice to terminate, may elect to pay to Landlord the difference between the amount of insurance proceeds received and the cost of restoration, in which case Landlord shall restore the Demised Premises. After the restoration, Landlord shall give Tenant satisfactory evidence ,that all sums contributed by Tenant as provided by this Section 15.1 12.1 have been expended by Landlord in paying for the cost of restoration. <PAGE> 28.

Destruction Due to Risk Covered by Insurance. If If, during the term, the Premises is or the building and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by the insurance described in Section 11Paragraph 15, above, rendering the Premises totally or partially inaccessible or unusable, Landlord LANDLORD shall restore the Premises or the building and other improvements in which the Premises are located to substantially the same condition it was as they were in immediately before the destruction, excepting LANDLORD shall have no obligation to restore TENANT'S alterations additions or improvements. The Such destruction shall not terminate this Lease. If the then existing laws do not permit the restoration, either party can terminate this Lease immediately by giving written notice to the other party. If the cost of the restoration of the building exceeds the amount of proceeds received from the insurance proceeds received by Landlord for the restoration and not required to be applied to the reduction of indebtedness secured by a mortgage covering the Premisesunder Paragraph 15, Landlord may above, LANDLORD can elect to terminate this Lease by giving notice to Tenant TENANT within thirty (30) days after determining that the restoration costs cost will exceed the insurance proceeds. In the case of destruction to the Premises only, whereby the cost of the restoration of the Premises exceeds the amount of proceeds received. If Landlord received from the insurance required under Paragraph 15, above, and if LANDLORD elects to terminate this Lease as a result thereof, TenantTENANT, within thirty fifteen (3015) days after receiving Landlord's LANDLORD'S notice to terminate, may can elect to pay to Landlord LANDLORD, at the time TENANT notified LANDLORD of its election, the difference between the amount of insurance proceeds received and the cost of restoration, in which case Landlord LANDLORD shall restore the Premises, and TENANT shall diligently restore its improvements, alterations and additions. After the restoration, Landlord LANDLORD shall give Tenant TENANT satisfactory evidence that all sums contributed by Tenant TENANT as provided by in this Section 15.1 paragraph have been expended by Landlord LANDLORD in paying for the cost of restoration. <PAGE> 28If LANDLORD elects to terminate this Lease and TENANT does not elect to contribute toward the cost of restoration as provided in this paragraph, this Lease shall terminate. B. DESTRUCTION DUE TO RISK NOT COVERED BY INSURANCE: If, during the term, the Premises or the building and other improvements in which the Premises are located are totally or partially destroyed from a risk not covered by the insurance described in Paragraph 15, rendering the Premises totally or partially inaccessible or unusable, LANDLORD shall restore the Premises or the building and other improvements in which the Premises are located to substantially the same condition as they were in immediately before destruction, excepting for TENANT'S improvements, alterations and additions. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. If the cost of restoration exceeds five percent (5%) of the then replacement value of the Premises or the building and other improvements in which the Premises are located that are destroyed, LANDLORD can elect to terminate this Lease by giving notice to TENANT within thirty (30) days after determining the restoration cost and replacement value. In case of destruction to the improvements only, if LANDLORD elects to terminate this Lease TENANT, within fifteen (15) days after receiving LANDLORD'S notice to terminate, can elect to pay to LANDLORD, at the time TENANT notifies LANDLORD of its election, the difference between five percent (5%) of the then replacement value of the Premises and the actual cost of restoration, in which case LANDLORD shall restore die Premises. LANDLORD shall give TENANT satisfactory evidence that all sums contributed by TENANT as provided in this paragraph have been expended by LANDLORD in paying the cost of restoration. If LANDLORD elects to terminate this Lease and TENANT does not elect to perform the restoration or contribute toward the cost of restoration as provided in this paragraph, this Lease shall terminate. C.

Destruction Due to Risk Covered by Insurance. If the Premises is totally or partially destroyed from a risk covered by the insurance described in Section 11, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises to substantially the same condition it was in immediately before the destruction. The destruction shall not terminate this Lease. If the then existing laws do not permit the restoration, either party can terminate this Lease by giving written notice to the other party. If the cost of the restoration exceeds the amount of the insurance proceeds received by Landlord for the restoration and not required to be applied to the reduction of indebtedness secured by a mortgage covering the Premises, Landlord may elect to terminate this Lease by giving notice to Tenant within thirty (30) days after determining that the restoration costs will exceed the insurance proceeds received. If Landlord elects to terminate this Lease as a result thereof, Tenant, within thirty (30) days after receiving Landlord's notice to terminate, may elect to pay to Landlord the difference between the amount of insurance proceeds received and the cost of restoration, in which case Landlord shall restore the Premises. After the restoration, Landlord shall give Tenant satisfactory evidence that all sums contributed by Tenant as provided by this Section 15.1 have been expended by Landlord in paying for the cost of restoration. <PAGE> 28.

Destruction Due to Risk Covered by Insurance. If If, during the Premises is term, the premises are totally or partially destroyed from a risk covered by the insurance described in Section 11Paragraph 13, above, rendering the Premises premises totally or partially inaccessible or unusable, Landlord shall restore the Premises premises to substantially the same condition it was as they were in immediately before the destruction, excepting Landlord shall have no obligation to restore Tenant’s alterations, additions or improvements. The Such destruction shall not terminate this Lease. If the then existing laws do not permit the restoration, either party can terminate this Lease immediately by giving written notice to the other party. If the cost of the restoration of the premises exceeds the amount of proceeds received from the insurance proceeds received by Landlord for the restoration and not required to be applied to the reduction of indebtedness secured by a mortgage covering the Premisesunder Paragraph 13, above, Landlord may can elect to terminate this Lease by giving notice to Tenant within thirty (30) days after determining that the restoration costs cost will exceed the insurance proceeds. In the case of destruction to the premises only, whereby the cost of the restoration of the premises exceeds the amount of proceeds received. If received from the insurance required under Paragraph 13, above, and if Landlord elects to terminate this Lease as a result thereof, Tenant, within thirty fifteen (3015) days after receiving Landlord's ’s notice to terminate, may can elect to pay to Landlord, at the time Tenant notifies Landlord of its election, the difference between the amount of insurance proceeds received and the cost of restoration, in which case Landlord shall restore the Premisespremises, and Tenant shall diligently restore its improvements, alterations and additions. After the restoration, Landlord shall give Tenant satisfactory evidence that all sums contributed by Tenant as provided by in this Section 15.1 paragraph have been expended by Landlord in paying for the cost of restoration. <PAGE> 28If Landlord elects to terminate this Lease and Tenant does not elect to contribute toward the cost of restoration as provided in this paragraph, this Lease shall terminate.

Destruction Due to Risk Covered by Insurance. If If, during the term, the building and other improvements in which the Premises is are located are totally or partially destroyed from a risk covered by the insurance described in Section 1120 (Insurance), rendering the Premises or the building or improvements in which the Premises are located are totally or partially inaccessible or unusable, Landlord City shall restore the Premises or the building or improvements in which the Premises are located to substantially the same condition as it was in immediately before the destruction. The Such destruction shall not terminate this Lease. If the then laws existing laws at that time do not permit the restoration, either party can terminate this Lease immediately by giving written notice to the other party. If the cost of the restoration Restoration exceeds the amount of proceeds received from the insurance proceeds received by Landlord for the restoration and not required to be applied to the reduction of indebtedness secured by a mortgage covering the Premisesunder Section 20 (Insurance), Landlord may City can elect to terminate this Lease by giving notice to Tenant Lessee within thirty (30) days after determining that the restoration costs cost will exceed the insurance proceeds receivedproceeds. If Landlord In the case of destruction to the Premises only, if City elects to terminate this Lease as a result thereofLease, TenantLessee, within thirty (30) days after receiving Landlord's City’s notice to terminate, may can elect to pay to Landlord City, at the time Lessee notifies City of its election, the difference between the amount of insurance proceeds received and the cost of restoration, in which case Landlord City shall restore the Premises. After the restoration, Landlord City shall give Tenant Lessee satisfactory evidence that all sums contributed by Tenant Lessee as provided by in this Section 15.1 paragraph have been expended by Landlord City in paying for the cost of restoration. <PAGE> 28If City elects to terminate this Lease, and Lessee does not elect to contribute toward the cost of restoration as provided in this section, this Lease shall terminate.

Destruction Due to Risk Covered by Insurance. If If, during the Premises is Term, the Premises, the Building or the Common Area are totally or partially destroyed from a risk covered by the insurance described required to be carried by Landlord in Section 11Paragraph 12.07, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises Premises, the Building or the Common Area to substantially the same condition it was as they were in immediately before the destruction. The Such destruction shall not terminate this Lease. If In the then existing laws do event the destruction cannot permit be repaired within twelve (12) months, however, the restorationLease may be terminated by Tenant, either party can terminate this Lease effective as of the date of destruction, by giving written notice to the other party. If the cost of the restoration exceeds the amount of the insurance proceeds received by Landlord for the restoration and not required to be applied to the reduction of indebtedness secured by a mortgage covering the Premises, Landlord may elect to terminate this Lease by giving notice to Tenant given within thirty (30) days after determining that notice given by Landlord to Tenant of the restoration costs will exceed the insurance proceeds receivedestimated date for completion of repairs. If Landlord elects does not provide Tenant with a written notice of an estimated date of repairs within ninety (90) days from the date of destruction, Tenant may elect to terminate the Lease at any time thereafter until Landlord provides a written notice to Tenant of the estimated date of completion of repairs, with a date of completion within twelve (12) months of the date of destruction. If Landlord provides notice of a date of estimated completion, and Tenant does not (or cannot) elect to terminate the Lease, then for each day, except for Unavoidable Delays, that the destruction is not repaired past the estimated date of completion, Landlord shall pay Tenant $1,000.00. If the existing laws do not permit such restoration or if Landlord's Lender requires that insurance proceeds be applied to financing secured by the Building and Landlord is unwilling or unable to perform such restoration with Landlord's own funds, either party may terminate this Lease as a result thereof, Tenant, within by giving thirty (30) days after receiving Landlord's notice to terminate, may elect to pay to Landlord the difference between the amount of insurance proceeds received and the cost of restoration, in which case Landlord shall restore the Premises. After the restoration, Landlord shall give Tenant satisfactory evidence that all sums contributed by Tenant as provided by this Section 15.1 have been expended by Landlord in paying for the cost of restoration. <PAGE> 28other party.