Common use of Destruction - Fire or Other Casualty Clause in Contracts

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abatexxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant's servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation prior to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19termination.

Destruction - Fire or Other Casualty. In case of partial damage to 9.1 If the Premises or the Building shall be damaged by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, ; (i) except as otherwise provided in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordsubsection (ii) hereof, the damage shall be repaired by and at the expense of Landlord at Tenant’s expense and there until such repairs shall be no apportionment or abatement of rent. In made the event the damage Basic Rent and Additional Rent shall be so extensive equitably abated according to the whole Building as to render it uneconomicalpart of the Premises which is usable by Tenant. Landlord agrees, in Landlord’s opinionat its expense, to restore repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to a delay caused by strike, lockout, act of God, inability to obtain labor or materials, governmental restrictions, enemy actions, civil commotion, fire, unawardable casualty or any other cause similar or dissimilar beyond the reasonable control of either Landlord or Tenant or due to the passing of time while waiting for an adjustment of insurance proceeds (hereinafter referred to as an "Excusable Delay"); (ii) If the use of Tenant, as specified in Article 5 hereofPremises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within ninety (90) days of the casualty or if Landlord shall decide not to restore or repair the same, or rebuild shall decide to demolish the Building, or not to rebuild the Building or the Premises, then Landlord may elect to terminate this Lease upon written shall, within ninety (90) days after such fire or other casualty, give Tenant a notice to Tenant of such decision, and this Lease thereupon the Term shall expire by lapse of time upon the third day ten (10) days after such notice is mailedgiven, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability ; (iii) If Landlord fails to Landlord arising from such damage or from any breach complete the repair and restoration of the obligations imposed on Tenant hereunder or any other obligations which expressly survive Premises within one hundred twenty (120) days from the termination date of this Lease. In no event shall Landlord have any obligation the casualty (subject to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Excusable Delays) then Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party have the right to cancel and terminate this Lease upon the Lease by reason delivery of fire or other casualty are hereby waived a notice to Landlord delivered within fifteen (15) days after the expiration of the aforesaid one hundred twenty (120) days period; (iv) Landlord agrees that it shall diligently pursue all repair and superceded by this Section 19restoration work required on its part to be completed hereunder.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control Xxxxxxxx's control, and to the extent that the Premises are is rendered actually untenantable, unten=able the rent shall proportionately abatexxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableXxxxxx's servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's reasonable opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then this Lease, at the option of Landlord may elect or Tenant, upon written notice to terminate this Lease the other party, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation prior to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19termination.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage damages are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by any reason of adjustment of loss under insurance policies on the part of the Landlord and/or and/or-Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond the Landlord’s control control, and to the extent that the lease Premises are rendered actually untenantable, the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct business, in which case provided the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to above mentioned occurred without the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitorsany other said persons, or to the extent that insurance proceeds respecting such damage are not subject to andto, and in fact, are not under the the-control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of for rent. In the event the damage shall be so extensive to the whole Building building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Buildingbuilding, then Landlord may elect to terminate this Lease lease, at the option of the Landlord, shall be terminated upon written notice to Tenant and this Lease shall expire by the rent shall, in such event, be paid to or adjusted as of the lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.

Destruction - Fire or Other Casualty. In the case of partial damage to the Leased Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and this Lease shall remain in full force and effect, except that to the extent that the Leased Premises are rendered actually untenantable, untenantable the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant’s servants, employees, agents, or visitors. Notwithstanding the fxxxxxing, But if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees agents or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore it for the office building use of Tenant, as specified in Article 5 hereof, or and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation prior to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19termination.

Destruction - Fire or Other Casualty. In case If the Demised Premises shall be damaged by fire or other casualty Landlord, at Landlord's expense, shall promptly repair such damage to substantially the same condition as existed prior to such casualty. However, Landlord shall have no obligation to repair any damage to, or to replace, Tenant's personal property or any other property or effect of partial Tenant except if such fire or casualty was caused by the willful misconduct of Landlord or its agents, contractors or employees. If the entire Demised Premises shall be rendered untenantable by reason of any such damage, the rent and Additional Rent shall axxxx for the period from the date of such damage to the date when such damage shall have been repaired, and if only a part of the Demised Premises shall be so rendered untenantable, the rent and Additional Rent shall axxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired any part of the Demised Premises so damaged shall be rendered untenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, the amount by which the rent and Additional Rent shall axxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law and of any successor law of like import then in force and Tenant agrees that the provision of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild restore the Building, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Demised Premises, Tenant or (ii) the Building shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property be so damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived that total alteration, demolition or reconstruction of the Building shall be required, (whether or not the Demised Premises shall be damaged or rendered untenantable), then, in any such events, Landlord, at Landlord's option, may give to Tenant within forty-five (45) days after such fire or other casualty, a thirty (30) days notice of termination of this Lease and, in the event such notice is given, this Lease and superceded the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said thirty (30) days with the same effect as if the date of expiration of said thirty (30) days were the Expiration Date, the rent and Additional Rent shall be apportioned and any prepaid portion of rent and Additional Rent for any period after such date shall be refunded by this Section 19Landlord to Tenant within thirty (30) days.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises are is rendered actually untenantable, untenantable the rent shall proportionately abatexxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant’s servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenantto the extent of Landlord’s expense and insurance coverage, but there shall be no apportionment or abatement of rent. In the event fifty percent (50%) or more of the damage floor area of the Building is rendered untenantable or the cost to repair the Building shall be so extensive amount to more than fifty percent (50%) of the whole Building as to render it uneconomicalcost of replacement thereof, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Leaseprior to such termination. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs will take more than two hundred ten (210) days for any areas of the Premises or restores (c) Tenant is actually deprived of the Premisesuse of all or any substantial portion of the Premises for a period in excess of two hundred ten (210) days, Tenant shall promptly restore all have the right, by written notice to Landlord to terminate this Lease as of the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (c) above. If Tenant fails to exercise its termination rights strictly in accordance with the foregoing provision, this Lease shall remain in full force and effect. Additionally, if Landlord tenders exclusive possession of the entire Premises, with repairs complete, prior to the expiration of the 30-day notice period for subparagraph (c), then Tenant’s improvementstermination notice shall be abrogated, fixturesand this Lease shall remain in full force and effect. Notwithstanding the foregoing, equipment if the casualty occurs during the final eighteen (18) months of the Term, and other property damaged (a) Landlord estimates that its repairs will take more than one hundred twenty (120) days for any area of the Premises or (b) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in such casualty. The provisions excess of any statute causing a Lease termination or otherwise granting a party one hundred twenty (120) days, Tenant shall have the right right, by written notice to Landlord to terminate this Lease as of the date of the casualty, provided that Tenant gives its notice within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (a) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (b) above. If Tenant fails to exercise its termination rights strictly in accordance with the foregoing provision, this Lease by reason shall remain in full force and effect. Additionally, if Landlord tenders exclusive possession of fire or other casualty are hereby waived the entire Premises, with repairs complete, prior to the expiration of the 30-day notice period for subparagraph (b), then Tenant’s termination notice shall be abrogated, and superceded by this Section 19Lease shall remain in full force and effect.

Destruction - Fire or Other Casualty. In case the event of partial or total damage or destruction insured against by Landlord to the Leased Premises by fire or fire, other casualty, insured against by Landlordor any other cause whatsoever (except condemnation), Tenant shall give immediate notice thereof to LandlordLandlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, are under the control and use of Landlordmay be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Leased Premises are rendered actually untenantableuntenantable and such casualty arises through no fault of Tenant or its invitees, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rentxxxxx. In the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, uneconomical in the Landlord’s opinion, to restore the Leased Premises for the use of Tenant, Tenant as specified in Article 5 hereof, Section 4 hereof or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder prior to such termination, provided that so long as such casualty arises through no fault of Tenant or any other obligations which expressly survive its invitees, the rent shall proportionately xxxxx through the date of such termination according to the preceding sentence of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 1917.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case xxxxx from the Premises shall be deemed untenantabledate of such casualty. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenantto the extent of Landlord’s expense and insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation prior to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19termination.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises (or any part of the Premises) are rendered actually untenantable, untenantable the rent shall proportionately abate, unless Tenant cannot materially conduct businessxxxxx from the date of such casualty (in the case that only a part of the Premises is so affected, in which case proportion to the area of such part of the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect area of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rententire Premises). In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Leaseprior to such termination. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs or restores will take more than one hundred eighty (180) days for any areas of the Premises, or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred eighty (180) days, Tenant shall promptly restore all of Tenant’s improvementshave the right, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right by written notice to Landlord to terminate the Lease by reason as of fire or other the date of the casualty, provided that Tenant gives its notice within forty-five (45) days after the date of the casualty are hereby waived and superceded by this Section 19.in the case of subparagraph (a) above, within forty-five

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control Force Majeure Events (as defined in Section 48), and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abatexxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant's servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive prior to such termination. Notwithstanding anything herein to the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premisescontrary, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party have the right to terminate the this Lease by reason giving Landlord thirty (30) days' advance written notice if (i) Landlord advises Tenant that Landlord estimates that the Premises will be restored within a period in excess of fire one hundred twenty (120) days after the casualty, or other casualty are hereby waived and superceded by this (ii) Landlord in fact does not complete the restoration within one hundred twenty (120) days after the casualty, subject to extension for Force Majeure Events (as defined in Section 1948).

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed as promptly as possible at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause causes beyond Landlord’s control control, and to the extent that the Premises are rendered actually untenantable, the rent Rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct business, in which case provided the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to above mentioned occurred without the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors. Notwithstanding the foregoing, or if such damage is due to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use fault or neglect of LandlordTenant or any of other said persons, the damage shall may be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rentRent. In the event the damage shall be so extensive to the whole Building Premises as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingPremises, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and this Lease shall expire by lapse the Rent shall, in such event, be paid to or adjusted as of time upon the third day after date of such notice is mailed, damage and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but provided that no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause thereupon, within ten (10) days from date of fire or casualty, commence repairs of such damage to all property owned by Landlord damage, to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control Tenant and to the extent that the Premises leased premises are rendered actually untenantableunrentable, the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct businessprovided the damage occurred without the fault or negligence of Tenant, in which case those employing or retaining the Premises shall be deemed untenantableservices of Tenant, Tenant's employees, agent, licensees, or visitors. Notwithstanding the fxxxxxing, But if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitorsany other said persons, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and or use of Landlord, the damage shall be repaired by Landlord at Tenant’s 's expense and there shall be no apportionment or abatement of rent. If damage is to be repaired or correction to be made, rent will xxxxx pro-rate according to the extent of damage, if the premises remain habitable, but if the premises are not habitable during period of correction, rent will be suspended until the premises are again habitable. In the event the damage or casualty shall be so extensive to the whole Building building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord this lease shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease be terminated upon written notice to Tenant and this Lease shall expire by lapse the rent shall, in such event, be paid to or adjusted as of time upon the third day after date of such notice is mailed, and damage. Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate this lease in the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19event Tenant is unable to use leased premises for 30 days.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with within a reasonable speed time at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rentxxxxx. In the event the damage shall be so extensive to the whole Building Premises as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article Section 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingPremises, then this Lease, at the option of Landlord, shall be terminated upon written .notice to Tenant. In the event that the damage to the Premises shall exceed thirty percent (30%) of the floor area or in the event that Landlord may elect commences to repair and restore the Premises but fails to complete such repair and restoration within 210 days from the date of damage, then, in either event, Tenant may, at the option of Tenant, terminate this Lease upon written notice to Landlord. If this Lease is terminated by either Landlord or Tenant pursuant to this paragraph, the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.

Destruction - Fire or Other Casualty. In case 15.1. If the Building, Premises or any improvement therein, excepting all items which Tenant is obligated to insure pursuant to Section 10.1 of partial damage to this Lease, now or hereafter erected in or upon the Premises Building shall be damaged or destroyed, by fire fire, storm, earthquake or other casualty, insured against by Landlordthen, Tenant shall give immediate prompt notice thereof to Landlord and Landlord shall, at Landlord, 's cost and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired expense proceed with reasonable speed at diligence to conduct any necessary demolition and to repair and restore the expense Building or such improvements. 15.2. Landlord shall have no obligation to repair or replace any of LandlordTenant's furniture, due allowance being made for reasonable delay which may arise equipment or supplies destroyed by reason fire, storm, earthquake, water or other casualty. 15.3. If (a) more than fifty (50%) percent of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” Premises is damaged or any other cause beyond Landlord’s control and destroyed or (b) the Building is damaged or destroyed to the extent that the Premises are rendered actually untenantableor access thereto cannot, with reasonable diligence, be fully repaired or restored by Landlord within one hundred eighty (180) days after the rent date of the damage or destruction, notwithstanding the fact that the Premises may have not been damaged or destroyed, or (c) Landlord elects to demolish the Building following a substantial casualty, either party may terminate this Lease. The terminating party shall proportionately abatenotify the other party of its determination, unless Tenant in writing, within sixty (60) days after the date of the damage or destruction. If the Premises can be fully repaired or restored within the one hundred eighty (180) day period, or if such repair or restoration cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect made within said period but neither party elects to terminate this Lease upon written notice to Tenant and Lease, this Lease shall expire by lapse of time upon the third day after such notice is mailedremain in full force and effect, and Tenant Landlord shall thereupon vacate diligently repair and restore the damage as soon as reasonably possible, subject to the provisions of Section 15.1 herein. 15.4. If the Premises are partially destroyed or damaged and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores them pursuant to the Premisesprovisions of this Article, the Fixed Rent and Additional Rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Tenant's reasonable use of the Premises is substantially impaired. Except for abatement, if any, of Fixed Rent and Additional Rent, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of have no claim against Landlord for any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease damages suffered by reason of fire any such damage, destruction, repair or other casualty are hereby waived and superceded by this Section 19restoration.

Destruction - Fire or Other Casualty. In case of partial damage to 13.01 If the Premises Building shall be partially damaged or destroyed or if the demised premises shall be partially or totally damaged or destroyed by fire fire, casualty or other casualtysuch cause, insured against by Landlordthen, Tenant whether or not the damage or destruction shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to have resulted from the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s its servants, employees, agents, contractorsvisitors or licensees (and if this Lease shall not have been canceled as in this Article hereinafter provided), licenseesLandlord will repair the damage, invitees and restore, replace, and rebuild the Building and the demised premises at its expense, with reasonable dispatch and continuity after notice to it of the damage or visitorsdestruction; provided, however, that Landlord shall not be required to repair or replace any property of Tenant or any installation or leasehold improvement made by or for Tenant at the expense of Tenant. If the demised premises shall be partially damaged or partially destroyed, the rent and additional rent payable hereunder shall be abated to the extent that insurance proceeds respecting the demised premises shall have been rendered untenantable or unfit for Tenant's use and Tenant does not occupy such damaged or destroyed part of the premises on other than an emergency basis for the period from the date of such damage are not subject or destruction to and, in fact, are not under the control and use of Landlord, date that the damage shall be repaired by Landlord at Tenant’s expense and there or restored. If the demised premises or a major part thereof shall be no apportionment totally, or abatement substantially totally, damaged or destroyed or rendered completely or substantially completely, untenantable on account of rentfire, casualty or other such cause, the rent and additional rent shall completely xxxxx as of the date of the damage or destruction and until Landlord shall repair, restore, replace and rebuild the demised premises; provided, however, that should Tenant reoccupy a portion of the demised premises for the purpose of conducting business during the period the restoration work is taking place and prior to the date that the same is made completely tenantable, rent and additional rent shall be apportioned and payable by Tenant in proportion to the part of the demised premises occupied by it. In Nevertheless, in case of any substantial damage or destruction to the demised premises, Tenant, in addition to and without waiver of any other rights or remedies available to it, may cancel this Lease by written notice to Landlord, if (i) within 60 days from the date of the damage or destruction, Landlord does not file a proof of loss with its insurer; (ii) within 90 days of the date of damage or destruction Landlord does not let a contract or contracts which shall provide for the complete restoration of the demised premises within a period of one year from the date of the damage or destruction; (iii) work under such contract or contracts has not commenced within 120 days of the date of said damage or destruction; or (iv) said work is not prosecuted with reasonable diligence to its completion; provided that Tenant shall not be entitled to cancel this Lease pursuant to this sentence more than thirty (30) days after Landlord shall have given written notice to Tenant that the state of facts specified in clause (i), (ii) or (iii) of this sentence, as the case may be, has occurred. The period for the completion of the required repairs and restoration work shall be extended by the number of days lost (not to exceed, however, one year) in the event such loss results from strike, act of God, war, governmental action, national or state or municipal emergency, or any cause beyond the damage reasonable control of Landlord. 13.02 In case the Building or the demised premises shall be so extensive to substantially damaged or destroyed by fire or other cause at any time during the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for last year of the use term of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Buildingthis Lease, then either Landlord or Tenant may elect to terminate cancel this Lease upon written notice to the other party hereto given within sixty (60) days after such damage or destruction. 13.03 If the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it, then in either of such events, Landlord may, within sixty (60) days after such fire or other casualty, give Tenant a notice in writing of such decision, and thereupon the term of this Lease shall expire by lapse of time upon the third thirtieth day after such notice is mailedgiven, and Tenant shall thereupon vacate the Premises demised premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach . 13.04 In the event of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease pursuant to the provisions of this Article, this Lease shall expire as fully and completely on the date fixed in such notice of termination as if that were the date definitely fixed for the expiration of this Lease. In no event , but the rent and additional rent shall be apportioned and shall be paid up to and including the date of such damage or destruction, and any excess prepaid rent or excess prepaid additional rent shall be refunded to Tenant. 13.05 No damages, compensation or claim shall be payable by Landlord have for inconvenience, loss of business or annoyance arising from any obligation to repair or restore restoration of any portion of Tenant’s improvements the demised premises or property provided, further, that in of the event Building. Landlord repairs shall use its best efforts to effect such repair or restores the Premises, Tenant shall restoration promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. manner as not unreasonably to interfere with Tenant's occupancy. 13.06 The provisions of this Article shall be considered an express agreement governing any statute causing a Lease termination case of damage or otherwise granting a party destruction of the right to terminate Building or the Lease demised premises by reason of fire or other casualty are hereby waived and superceded by this Section 19any law now or hereafter in force with respect to such contingency, to the extent permitted, shall have no application.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxingforegoing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abateabatx xxxm the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant's servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. Landlord shall provide Tenant written notice of the estimated time to complete the restoration or repair within thirty (30) days after the date of the casualty. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant either party from any liability to Landlord the other party arising from such damage or from any breach of the obligations imposed on the other party hereunder, or from any obligations accrued hereunder prior to such termination. Notwithstanding any provision of the remainder of the Lease to the contrary, so long as Tenant hereunder is deprived of the use of, or access to, any other obligations or all of the Premises on account of any casualty (whether or not the casualty affects the Premises directly), all rent and additional rent shall be abated in proportion to the number of square feet of the Premises rendered substantially unfit for occupancy by such casualty in Tenant's reasonable judgment, unless, because of any such damage, the undamaged portion of the Premises is, in Tenant's judgment, materially unsuitable for use by Tenant, in which expressly survive event the termination rent and additional rent shall be abated entirely during such period of this Leasedeprivation. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs or restores will take more than one hundred twenty (120) days for any areas of the Premises, including the parking area, other than the data center and ninety (90) days in the case of the data center, or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred twenty (120) days for any areas of the Premises, including the parking area, other than the data center and ninety (90) days in the case of the data center, Tenant shall promptly restore all have the right, by written notice to Landlord to terminate the Lease as of Tenant’s improvementsthe date of the casualty, fixturesprovided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, equipment and other property damaged within thirty (30) days after receipt of Landlord's notice of the estimated time to complete the restoration or repair in such casualtythe case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadlines set forth in subparagraph (c) above. The provisions If the casualty occurs during the last twenty-four (24) months of any statute causing a Lease termination or otherwise granting a party the Term, notwithstanding anything herein to the contrary, Tenant shall have the right to terminate the this Lease by reason giving written notice to Landlord within thirty (30) days after the date of fire or other casualty are hereby waived and superceded by this Section 19the casualty, to be effective as of the date of the casualty.

Destruction - Fire or Other Casualty. In case the event of partial or total damage or destruction insured against by Landlord to the Leased Premises by fire or fire, other casualty, insured against by Landlordor any other cause whatsoever (except condemnation), Tenant shall give immediate notice thereof to LandlordLandlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, are under the control and use of Landlordmay be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control and to 's control. To the extent that the Leased Premises are rendered actually untenantableuntenable, in whole or in part, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantableabatx. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In Xx the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's reasonable opinion, to restore for the use of Tenant, as specified in Article 5 hereofBuilding, or Landlord shall decide within sixty (60) days after the date of such damage not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant within seventy-five (75) days after the date of such damage and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and . Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder or any other obligations which expressly survive prior to such termination. Notwithstanding the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premisesforegoing, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party have the right to terminate this Lease (i) if it can reasonably be expected, as determined by Landlord, that the Lease by reason repair, restoration or reconstruction of fire or other casualty are hereby waived the Building cannot be completed within one hundred eighty days from the date of such damage, provided Tenant is not then in default and superceded by this Section 19Tenant gives Landlord written notice of such election within forty-five (45) days after the date of such damage, or, (ii) Landlord is unable to restore the Leased Premises within two hundred ten (210) days after the date of such damage.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abatexxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant’s servants, employees, agents or invitees. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees agents or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenantto the extent of Landlord’s expense and insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Leaseprior to such termination. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord estimates that its repairs will take more than two hundred seventy (270) days for any areas of the Premises, or restores (b) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of two hundred seventy (270) days for any areas of the Premises, Tenant shall promptly restore all of Tenant’s improvementshave the right, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right by written notice to Landlord to terminate the Lease by reason as of fire the date of the casualty, provided that Tenant gives its within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or other casualty are hereby waived and superceded by this Section 19repair in the case of subparagraph (a) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (b) above.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises (or any part of the Premises) are rendered actually untenantable, untenantable the rent shall proportionately abate, unless Tenant cannot materially conduct businessxxxxx from the date of such casualty (in the case that only a part of the Premises is so affected, in which case proportion to the area of such part of the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect area of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. entire Premises) In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Leaseprior to such termination. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs or restores will take more than one hundred eighty (180) days for any areas of the Premises, or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred eighty (180) days, Tenant shall promptly restore all of Tenant’s improvementshave the right, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right by written notice to Landlord to terminate the Lease by reason as of fire the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or other casualty are hereby waived and superceded by this Section 19repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (c) above.

Destruction - Fire or Other Casualty. In case Section 9.01. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of partial such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx the period from the date of such damage to the date when such damage shall have been repaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shall have 8 been repaired. Owner agrees that if it is reimbursed by its rent insurance policies covering the Building for a time following the date the Demised Premises, or any part thereof, shall once again become tenantable and prior to the date Tenant shall resume the conduct of its business in the Demised Premises or such part thereof, in which time period Tenant enters the Demised Premises to perform work therein to re-install or repair its business equipment and other personal property, any abatement with respect to such space shall extend beyond the date such space has become so tenantable by the number of days that such rent insurance policy provides Owner with reimbursement for Tenant to perform such work. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, insured against and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by Landlordfire or other casualty that, Tenant in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give immediate to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to of termination of this Lease and, in factthe event such notice is given, are under this Lease and the control Demised Term shall come to an end and use expire (whether or not said term shall have commenced) upon the expiration of Landlordsaid five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall thereupon cause be apportioned as of such damage date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to all property owned by Landlord Tenant. Section 9.02. Owner shall attempt to be repaired with reasonable speed at obtain and maintain, throughout the expense of LandlordDemised Term, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under in Owner's fire insurance policies covering the Building, provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occurring to the Building. In the event that at any time Owner's fire insurance carriers shall exact an additional premium for the inclusion of such or similar provisions, Owner shall give Tenant notice thereof. In such event, if Tenant agrees, in writing, to reimburse Owner for such additional premium for the remainder of the Demised Term, Owner shall require the inclusion of such or similar provisions by Owner's fire insurance carriers. As long as such or similar provisions are included in Owner's fire insurance policies then in force, Owner hereby waives (i) any obligation on the part of Landlord and/or Tenant to make repairs to the Demised Premises necessitated or occasioned by fire or other casualty that is an insured risk under such policies, and (ii) any right of recovery against Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control permitted occupant of the Demised Premises, and any of their servants, employees, agents or contractors, for any loss occasioned by fire or other casualty that is an insured risk under such policies. In the event that at any time Owner's fire insurance carriers shall not include such or similar provisions in Owner's fire insurance policies, the waivers set forth in the foregoing sentence shall, upon notice given by Owner to Tenant, be deemed of no further force or effect. During any period while the foregoing waiver of right of recovery is in effect Owner shall look solely to the proceeds of such policies to compensate Owner for any loss occasioned by fire or other casualty which is an insured risk under such policies. Section 9.03. Except to the extent that expressly provided in Section 9.02, nothing contained in this Lease shall relieve Tenant of any liability to Owner or to its insurance carriers which Tenant may have under law or the provisions of this Lease in connection with any damage to the Demised Premises are rendered actually untenantable, or the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantableBuilding by fire or other casualty. Notwithstanding the fxxxxxingprovisions of Section 9.01, if any such partial damage damage, occurring after any date when the waivers set forth in Section 9.02 are no longer in force and effect, is due to the fault or neglect of Tenant Tenant, any person claiming through or those employing or retaining the services of under Tenant, or Tenant’s any of their servants, employees, agents, contractors, visitors or licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and then there shall be no apportionment or abatement of rentFixed Rent by reason of such damage. Section 9.04. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire insurance policies covering Tenant's property in the Demised Premises, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the damage fire insurance carriers issuing such policies shall be so extensive to exact an additional premium for the whole Building as to render it uneconomicalinclusion of such 9 or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in Landlord’s opinionwriting, to restore for the use of reimburse Tenant or any person claiming through or under Tenant, as specified the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such fire insurance carriers. As long as such or similar provisions are included in Article 5 hereofsuch fire insurance policies then in force. Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any ground or Landlord shall decide not to repair underlying leases, any other tenants or rebuild occupants of the Building, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire by lapse any servants, employees, agents or contractors of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage Owner or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination such lessor, or otherwise granting a party the right to terminate the Lease of any such other tenants or occupants, for any loss occasioned by reason of fire or other casualty are hereby waived which is an insured risk under such policies. In the event that at any time such fire insurance carriers shall not include such or similar provisions in any such fire insurance policy, the waiver set forth in the foregoing sentence shall, upon notice given by Tenant to Owner, be deemed of no further force or effect, with respect to any insured risks under such policy from and superceded after the giving of such notice. During any period while the foregoing waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by this Section 19.fire or other casualty which is an insured risk under such policies. (See Article 53)

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s 's control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case whicx xase the Premises shall be deemed untenantable. Notwithstanding the fxxxxxingforegoing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s 's expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s 's improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s 's improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abateabatx xxxm the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant's servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation prior to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19termination.

Destruction - Fire or Other Casualty. In case of partial damage to 13.1 If the Premises Building shall be partially damaged or destroyed or if the demised premises shall be partially or totally damaged or destroyed by fire fire, casualty or other casualtysuch cause, insured against by Landlordthen, Tenant whether or not the damage or destruction shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to have resulted from the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s its servants, employees, agents, contractorsvisitors or licensees (and if this Lease shall not have been canceled as in this Article hereinafter provided), licenseesLandlord will repair the damage, invitees and restore, replace, and rebuild the Building and the demised premises, with reasonable dispatch and continuity after notice to it of the damage or visitorsdestruction; provided, however, that Landlord shall not be required to repair or replace any property of Tenant or any installation or leasehold improvement made by or for Tenant at the expense of Tenant. If the demised premises shall be partially damaged, destroyed, or inaccessible, the rent and additional rent payable hereunder shall be abated to the extent that insurance proceeds respecting the demised premises shall have been rendered untenantable or unfit for Tenant's use and Tenant does not occupy such damaged or destroyed part of the premises on other than an emergency basis for the period from the date of such damage are not subject or destruction to and, in fact, are not under the control and use of Landlord, date that the damage shall be repaired by Landlord at Tenant’s expense and there or restored. If the demised premises or a major part thereof shall be no apportionment totally, or abatement substantially totally, damaged or destroyed or rendered completely or substantially completely, untenantable on account of rentfire, casualty or other such cause, the rent and additional rent shall completely xxxxx as of the date of the damage or destruction and until Landlord shall repair, restore, replace and rebuild the demised premises; provided, however, that should Tenant reoccupy a portion of the demised premises for the purpose of conducting business during the period the restoration work is taking place and prior to the date that the same is made completely tenantable, rent and additional rent shall be apportioned and payable by Tenant in proportion to the part of the demised premises occupied by it. Landlord shall make the repairs and restorations under the conditions of this Article with reasonable dispatch and diligence and shall complete such restorations within six (6) months (the "Restoration Period") of the date of the casualty. If Landlord fails to complete such restorations within the Restoration Period, Tenants shall have the right to terminate this lease, by written notice, which right must be exercised within thirty (30) days after the end of the Restoration Period. In that event, Tenant shall be obligated to vacate the event demised premises within thirty (30) days thereafter. 13.2 If the damage Building shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or damaged that Landlord shall decide not to repair demolish it or to rebuild it, or if the Buildingdemised premises is rendered wholly unusable, then in either of such events, Landlord may may, within ninety (90) days after such fire or other casualty, elect to terminate cancel this Lease upon written by giving Tenant a notice to Tenant in writing of such decision, and thereupon the term of this Lease shall expire by lapse of time upon the third thirtieth day after such notice is mailedgiven, and Tenant shall thereupon vacate the Premises demised premises and surrender the same to Landlord. 13.3 In case the Building or the demised premises shall be substantially damaged or destroyed by fire or other cause at any time during the last two (2) years of the term of this Lease, but such termination shall not release then Landlord may cancel this Lease upon written notice to Tenant from any liability to Landlord arising from given within sixty (60) days after such damage or from any breach destruction. 13.4 In the event of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease pursuant to the provisions of this Article, this Lease shall expire as fully and completely on the date fixed in such notice of termination as if that were the date definitely fixed for the expiration of this Lease. In no event , but the rent and additional rent shall be apportioned and shall be paid up to and including the date of such damage or destruction, and any excess prepaid rent or excess prepaid additional rent shall be refunded to Tenant. 13.5 No damages, compensation or claim shall be payable by Landlord have for inconvenience, loss of business or annoyance arising from any obligation to repair or restore restoration of any portion of Tenant’s improvements the demised premises or property provided, further, that in of the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. Building. 13.6 The provisions of this Article shall be considered an express agreement governing any statute causing a Lease termination case of damage or otherwise granting a party destruction of the right to terminate Building or the Lease demised premises by reason of fire or other casualty are and, Tenant hereby waived expressly waives the provisions of Section 227 of the Real Property Law of the State of New York, and superceded by agrees that the foregoing provisions of this Section 19Article shall govern and control in lieu thereof.

Destruction - Fire or Other Casualty. In case the event of partial or total damage or destruction insured against by Landlord to the Leased Premises by fire or fire, other casualty, insured against by Landlordor any other cause whatsoever (except condemnation), Tenant shall give immediate notice thereof to LandlordLandlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, are under the control and use of Landlordmay be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Leased Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case xxxxx as of the Premises shall be deemed untenantable. Notwithstanding date of the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rentcasualty. In the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, uneconomical in the Landlord’s 's opinion, to restore the Leased Premises for the use of Tenant, Tenant as specified in Article 5 hereof, Section 4 hereof or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Leased Premises and sad surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder prior to such termination. If the casualty occurs during the last year of the Lease Term, Tenant, at its option, may terminate the Lease and be relieved of any further liability under the Lease, provided it gives notice of such election to Landlord within thirty (30) days after the date such casualty occurs. Each of the parties hereto agrees to exercise its best efforts to have every casualty insurance policy (which it carries as an insured with regard to the Leased Premises, or any part thereof, and with regard to any personal property which is or may be on or in the Leased Premises, or any part thereof) include a subrogation waiver clause, pursuant to which the insurance coverage involved shall not be invalidated by a waiver by either party hereto of any and all right of recovery against the other obligations party and with regard to any liability for any action or lack of action by such other party hereto, and by which the insurer expressly survive waives any and all rights of subrogation to any rights or claims of the termination insured against the other party hereto. So long as any such casualty insurance policy carried by a party hereto as the insured shall be available with such a subrogation clause, or one to like effect, at no greater premium charge than would be made for such policy without such clause, then, notwithstanding any other provision of this Lease, the party hereto carrying such insurance and the insured thereunder agrees to waive all right of recovery against the other for any loss, or with regard to any liability to the extent covered by such insurance. In the event such a subrogation clause is only available at such greater premium charge, then the party carrying such insurance shall have no event shall Landlord have any further obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged have such clause included in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19insurance.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abatexxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant’s servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenantto the extent of Landlord’s expense and insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon a date which is mutually acceptable to Landlord and Tenant, which date is no sooner than thirty (30) days after the third day after such date upon which Tenant receives written notice is mailedthereof from Landlord, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation prior to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19termination.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such the damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “resulting from labor troubles” stoppage or any other cause beyond Landlord’s control 's control, and to the extent that the Premises are is rendered actually untenantable, untenantable the rent shall proportionately abatexxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant's servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the casualty occurs within the last two (2) years of the Term, including any Renewal Terms, Landlord and/or Tenant shall have the option, exercisable within thirty (30) days following such damage shall be so extensive to the whole Building as to render it uneconomicalor destruction, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate terminating this Lease effective upon giving written notice to the other party; provided, however that if Tenant exercises its option to extend the Term of this Lease for any remaining Renewal Terms, if any, Landlord's termination shall be null and void and this Lease shall expire by lapse of time upon the third day after such notice is mailed, continue in full force and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Leaseeffect. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs or restores will take more than one hundred eighty (180) days for any areas of the Premises. or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred eighty (180) days, Tenant shall promptly restore all of Tenant’s improvementshave the right, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right by written notice to Landlord to terminate the Lease by reason as of fire the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord's notice of the estimated time to complete the restoration or other casualty are hereby waived and superceded by this Section 19repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (c) above. Upon termination, Rent shall be apportioned as of the date of the damage and, provided Tenant is not in default, all prepaid Rent shall be repaid to Tenant.

Destruction - Fire or Other Casualty. In case of partial damage to 9.1. If the Premises or the Building shall be damaged by fire or other casualty, insured against by Landlordthen, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, except as otherwise provided in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of LandlordParagraph 9.2 hereof, the damage shall be repaired by and at the expense of Landlord and, until such repairs shall be made, the Basic Rent and Additional Rent shall be equitably abated according to the part of the Premises which is usable by Tenant. Landlord, subject to Paragraph 37.3 hereof, agrees to make such repairs in a prompt and expeditious manner following the receipt by Landlord of insurance proceeds payable to Landlord by virtue of such fire or other casualty. Landlord shall have no obligation to repair or replace Tenant’s Alterations or furniture, furnishings and equipment, and Tenant shall repair or replace the same at Tenant’s expense sole cost and there shall expense. Landlord will not be no apportionment liable for any damage to or abatement any inconvenience or interruption of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use business of Tenant or any of Tenant’s agents, as specified in Article 5 hereofinvitees or Occupants occasioned by fire or other casualty. 9.2. If the Building is substantially destroyed or is rendered wholly untenantable by fire or other casualty, or if the Building or the Premises cannot reasonably be repaired within ninety (90) days of the fire or other casualty, or if Landlord shall decide to demolish the Building or not to repair or rebuild the Building or the Premises, or if the then governing zoning regulations do not allow for the restoration of the Building, or if any mortgagee does not make insurance proceeds available to Landlord, then Landlord may elect decide to terminate this Lease upon written not repair the damage caused by the casualty. Landlord shall, within ninety (90) days after such fire or other casualty, give Tenant a notice to Tenant of such decision, and this Lease thereupon the Term shall expire by lapse of time upon the third day five (5) days after such notice is mailedgiven, and in which case Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but as if such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of date were the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19originally specified Expiration Date.

Destruction - Fire or Other Casualty. (a) In case the event of partial or total damage or destruction to the Leased Premises by fire or fire, other casualty, insured against by Landlordor any other cause whatsoever (except condemnation), Tenant shall give immediate notice thereof to LandlordLandlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, are under the control and use of Landlordmay be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control and to 's control. To the extent that the Leased Premises are rendered actually untenantableuntenable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rentxxxxx. In the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore the Leased Premises for the use of Tenant, Tenant as specified in Article 5 hereof, herein or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and . Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder prior to such termination. (b) Notwithstanding the provisions of Section 14, within sixty (60) days after the date of material destruction of the Leased Premises, Landlord shall obtain from Landlord's architect or contractor an estimate of the time which will be required to repair the Leased Premises. Landlord shall promptly communicate said estimate to Tenant. In the event that said estimate of time exceeds one hundred eighty (180) days from the date of such destruction, then Tenant shall have the right, within ten (10) days after receipt of said estimate, to terminate this Lease without any other further liability or obligation on the part of the parties hereto for obligations thereafter accruing, provided that Tenant shall give written notice to Landlord within said ten (10) days and shall not be in breach or default of any covenant or condition by which expressly survive the termination of Tenant is obligated under this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19.

Destruction - Fire or Other Casualty. (a) In case of partial damage to the Leased Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed substantially to the condition immediately prior to such damage as promptly as possible at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Leased Premises are rendered actually untenantable, the rent Rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the negligence of Tenant, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or . But if such damage is due to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use negligence of LandlordTenant or any of other said persons, the damage shall may be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. Rent. (b) In the event the damage shall be so extensive to the whole Building Leased Premises as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article Paragraph 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingLeased Premises, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the Rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall not release Tenant either party from any liability to Landlord the other arising from such damage or from any breach of the obligations which may be imposed on said party hereunder. (c) If the nature of the damage is such that it cannot be repaired in the ordinary course within ninety (90) days after Landlord receives either actual notice or notice from Tenant hereunder or any other obligations which expressly survive of such damage, then Tenant shall have the termination right to terminate this Lease by written notice within sixty (60) days after such damage occurs. If Tenant does not terminate this Lease and if Landlord does not terminate this Lease pursuant to (b) of this LeaseSection 20, Landlord shall proceed as promptly as possible and at its expense to restore the Leased Premises substantially to the condition immediately prior to such damage. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the PremisesIf such restoration has not been completed within 180 days after such damage occurs, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party have the right to terminate the Lease by reason written notice to Landlord. If Tenant gives to Landlord a notice of fire or other casualty are hereby waived and superceded by termination under this Section 1920, such notice shall specify the date on which such termination shall be effective, which date shall not be less than thirty (30) days or more than ninety (90) days after the date of such termination notice.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of LandlordLandlord to substantially the condition of the Premises prior to the damage, subject to customary requirements of any mortgage regarding placement of proceeds into trust, submitting requisitions, etc., due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to control. To the extent that the Premises are rendered actually untenantable, untenantable in whole or in part the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case xxxxx from the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if date of such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rentcasualty. In the event the damage shall be so extensive as to render the whole Building as to render it uneconomical, in Landlord’s opinion, to restore untenantable or not reasonably usable by Tenant for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Buildingits business purposes, then Landlord may elect to terminate this Lease Lease, at the option of Tenant or Landlord, shall be terminated upon written notice and the rent shall, in such event, be paid to Tenant or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant either party from any liability such party to Landlord the other arising from such damage or from any breach of the obligations imposed on Tenant such party hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Leaseprior to such termination. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs will take more than two hundred seventy (270) days for any areas of the Premises, or restores (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of two hundred seventy (270) days for any areas of the Premises, Tenant shall promptly restore all of Tenant’s improvementshave the right, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right by written notice to Landlord to terminate the Lease by reason as of fire the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or other casualty are hereby waived and superceded by this Section 19repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (c) above. .

Destruction - Fire or Other Casualty. In case of partial damage to 14.1 If the Building or the Premises shall be damaged or destroyed by fire flood, fire, tornado, explosion, windstorm, by the elements or other casualty, insured against by Landlordand this Lease shall not have been terminated as provided in Section 14.3, Tenant shall give immediate notice thereof to Landlord, and Landlord, subject to the extent that insurance proceeds respecting such rights of a Superior Mortgagee (defined in Article 16 below), Landlord shall repair the damage are subject to andand restore and rebuild the Building and/or the Premises, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at dispatch after notice to it of the expense damage or destruction; provided, however, that Landlord shall not be required to repair or replace any of LandlordTenant’s Property. 14.2 If the Premises and/or the portions of the Building that provide access to the Premises shall be partially damaged or partially destroyed by flood, due allowance being made for reasonable delay which may arise fire, tornado, explosion, windstorm, by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenantelements or other casualty to an extent as to make the Premises untenantable, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and the rents payable hereunder shall be abated to the extent that the Premises are shall have been rendered actually untenantable, untenantable and for the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case period from the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if date of such partial damage is due or destruction to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, date the damage shall be repaired by Landlord at Tenant’s expense and there or restored. 14.3 If (i) the Building shall be no apportionment substantially damaged or abatement of rent. In destroyed by flood, fire, tornado, explosion, windstorm, by the event elements or other casualty, or (ii) the damage Premises shall be so extensive to the whole Building as to render it uneconomical, in damaged by a risk not covered by Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereofinsurance, or Landlord (iii) the Premises shall decide not to repair or rebuild be damaged during the Buildinglast year of the Term of this Lease, then Landlord may elect to terminate this Lease upon written by giving Tenant notice to Tenant such effect as soon as reasonably possible within two hundred seventy (270) days after the date of the casualty, which notice shall be given as in this Lease provided, and thereupon the Term of this Lease shall expire by lapse of time upon the third thirtieth (30th) day after such notice is mailed, given and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but at which time Landlord (if applicable) shall return to Tenant the Security Deposit (subject to Section 36) and the Fixed Rent payable for the month in which such termination occurs, pro-rated to the actual date of surrender. The Building (whether or not the Premises are damaged), shall not release Tenant from any liability be deemed substantially damaged or destroyed if Landlord is required to Landlord arising from expend twenty-five percent (25%) or more of the full replacement value of the entire Building immediately prior to such damage or from any breach of destruction, in order to restore the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19damage.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlordlandlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent Rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct businessprovided the damage above-mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant's servants, employees, agents, or visitors. Notwithstanding the fxxxxxing, But if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees agents or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s 's expense and there shall be no apportionment or abatement of rentRent. In the event the damage shall be so extensive to the whole Office Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the Office Building use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Office Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the Rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlordlandlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case those employing or retaining the Premises shall be deemed untenantableservices of Tenant, Tenant's servants, employees, agents, contractors, licensees, invitees or visitors. Notwithstanding the fxxxxxing, But if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services any of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordother said persons, the damage shall may be repaired by Landlord at Tenant’s 's expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building Premises as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article Paragraph 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingPremises, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.

Destruction - Fire or Other Casualty. In case 15.1 If at any time during the Term of partial damage to this Lease, the whole or any part of the Premises shall be damaged by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to LandlordLandlord and this Lease shall continue in full force and effect except as hereinafter set forth in this Section 15. 15.2 If the Premises is damaged or rendered unusable by fire or other casualty, and Landlordwhether in whole or in part, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding repaired by or on behalf of Landlord out of proceeds of insurance receivable by the fxxxxxingLandlord, if at no cost to Tenant and the Rent shall be apportioned from the day following the casualty until such partial damage is due repair shall be substantially completed, according to the fault or neglect part of Tenant or those employing or retaining the services of TenantPremises which is usable, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, Landlord’s right to elect not to restore the same as hereinafter provided. 15.3 If the Premises is rendered wholly unusable or (whether or not the Premises is damaged·in whole or in fact, are not under part) if the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage Premises shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or damaged that Landlord shall decide not to repair demolish it or to rebuild same, or if any damage to the BuildingPremises occurs during the last six (6) months of the Term then, then in any of such events, Landlord or Tenant may elect to terminate this Lease upon by written notice to Tenant or Landlord, as the case may be, given within ninety (90) days after such fire or casualty, specifying a date for the expiration of the Lease, which date shall not be more than fifteen (15) days after the giving of such notice, and upon the date specified in such notice the Term of this Lease shall expire by lapse of time upon as fully and completely as if such date were the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive date set forth above for the termination of this Lease. In no event Lease and Tenant shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedforthwith quit, further, that in the event Landlord repairs or restores surrender and vacate the Premises, without prejudice however to Landlord’s rights and remedies against Tenant under the Lease provisions in effect prior to such termination and any Rent owing shall promptly restore all be paid up to such date, and any payments of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions Rent made by Tenant which were on account of any statute causing a Lease termination or otherwise granting a party the right period subsequent to terminate such date shall be returned to Tenant. 15.4 Unless the Lease by reason shall be terminated as provided for herein, Landlord shall make the repairs and restorations required hereunder, with all reasonable expedition, subject to delays due to adjustment of fire or other casualty are hereby waived insurance claims, labor troubles and superceded by this Section 19.causes beyond Landlord’s

Destruction - Fire or Other Casualty. In case of partial damage to the ------------------------------------- Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abateabate from the date of such caxxxxxy, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant's servants, employees, agents or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s 's servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenant’s expense and to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant either party from any liability to Landlord the other arising from such damage or from any breach of the obligations imposed on Tenant such party hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation prior to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19termination.

Destruction - Fire or Other Casualty. In case the event of partial or total damage or destruction to the Leased Premises by fire or fire, other casualty, insured against by Landlordor any other cause whatsoever, then Tenant shall give immediate notice thereof to Landlord, Landlord and: (a) this Lease shall continue in full force and effect and (b) Landlord, to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, are under the control and use of Landlordmay be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Leased Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case xxxxx. Landlord shall commence restoration work within sixty (60) days after the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if date of such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenantcasualty, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or Tenant may terminate this Lease by giving notice to Landlord of such termination within five (5) days after the extent that insurance proceeds respecting expiration of such damage are not subject 60-day period. Landlord shall have no obligation to and, in fact, are not under rebuild the control Leased Premises if the reasonably estimated cost of repair and use reconstruction exceeds fifty percent (50%) of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and Full Insurable Value of the Leased Premises unless: (i) on the date of such destruction there shall be no apportionment four (4) or abatement more years remaining in the Lease Term or (ii) within thirty (30) days of rentthe date of such destruction, Tenant, at its option, shall enter into an agreement with Landlord to extend the Lease Term for a period of at least four (4) years from the date of such destruction. If Tenant so elects to extend the Lease Term, Landlord covenants to promptly execute and deliver to Tenant a written agreement evidencing such extension. In the event Tenant elects not to so extend this Lease, Landlord shall have the damage shall be so extensive right to either (i) waive the whole Building extension requirement and rebuild the Leased Premises as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereofset forth above, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to (ii) terminate this Lease upon written by giving notice of such election to Tenant and this Lease shall expire by lapse of time upon the third day after such notice is mailedTenant, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations in which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore be entitled to retain all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19insurance proceeds.

Destruction - Fire or Other Casualty. In case Section 9.01. A. If the Demised Premises shall be damaged by fire or other insured casualty and if Tenant shall give prompt notice to Landlord of partial such damage, Landlord, at Landlord’s expense, to the extent required hereunder, and only to the extent of insurance proceeds received by Landlord for such damage, shall use reasonable efforts to repair such damage (without prejudice, however, to Landlord’s rights against Tenant under this Lease). However, Landlord shall have no obligation to repair any damage to, or to replace, Tenant’s Personal Property or any other equipment, property or effects of Tenant or any leasehold improvements, Tenant’s Work (as hereinafter defined) or Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, nor shall Landlord have any obligation to pay for any work required to comply with Disability Laws, it being understood that Tenant shall obtain the necessary insurance to cover any added costs needed to rebuild the Demised Premises in compliance with Disability Laws and that except as set forth above, Landlord’s repair obligations hereunder shall only be to the extent permitted by Legal Requirements. Except as otherwise provided in Section 9.03, in the event of such casualty, the Base Rent and additional rent shall axxxx, in the proportion which the area of the Demised Premises rendered untenantable or unusable bears to the total area of the Demised Premises, for the period from the date of such damage to the date when Landlord shall have substantially completed its repair obligation pursuant to this Section 9.01.A. However, if, prior to the date when Landlord shall have substantially completed its repair obligation pursuant to this Section 9.01.A., any part of the Demised Premises so damaged shall be rendered tenantable and is in fact re-occupied by Tenant then the amount by which the Base Rent and additional rent shall axxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, insured against and if restoration shall take in excess of 270 days as reasonably determined by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control and to the extent that the Premises are rendered actually untenantable, the rent shall proportionately abate, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenantengineer, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to (ii) the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage Building shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire damaged by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty that substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Landlord, at Landlord’s option, may give to Tenant, within ninety (90) days after such fire or other casualty, a thirty (30) days’ notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire upon the expiration of said thirty (30) days with the same effect as if the date of expiration of said thirty (30) days were the Expiration Date and if this Lease is terminated pursuant to any provision of this Article, the Base Rent and additional rent shall be apportioned as of such date and any prepaid portion of Base Rent and additional rent for any period after such date shall be refunded by Landlord to Tenant. If the entire Demised Premises are hereby waived totally damaged or rendered wholly or substantially untenantable by fire or other casualty and superceded either (i) Landlord provides Tenant with written notice that restoration shall take in excess of 270 days as reasonably determined by Landlord’s engineer (“Completion Notice”) or (ii) if Landlord shall not substantially complete its repair of the Demised Premises within 270 days after such fire or other casualty for any reason other than a default by Tenant, or (iii) the Demised Premises are totally damaged or rendered wholly or substantially untenantable in the last year of the Demised Term, then in any of said events, Tenant may, at any time thereafter, until such repair is substantially completed, elect to cancel this Section 19Lease by giving Landlord thirty (30) days notice of cancellation, and in the event such notice is given by Tenant, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said thirty (30) days with the same effect as if the date of expiration of said thirty (30) days was the Expiration Date, provided Landlord has not completed such repairs within said thirty (30) day period. Landlord covenants that at all times during the Demised Term it will carry fire and extended coverage insurance for the Building in accordance with the requirements of the Superior Mortgagee. Landlord shall provide Tenant with a Completion Notice promptly after Landlord’s receipt of the applicable insurance proceeds and the estimated time for repair from Landlord’s engineer.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” strikes, slowdowns or any other cause beyond Landlord’s control and to 's control. To the extent that the Premises are rendered actually untenantable, the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct businessprovided the partial damage occurred without any fault or neglect on the part of Tenant, in which case those employing or retaining the Premises shall be deemed untenantableservices of Tenant, Tenant's servants, employees, agents, licensees, invitees or visitors. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining any of the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitorsabovementioned persons, or to the extent that insurance proceeds respecting such damage are not subject to andto, in fact, or are not under the control and use of of, Landlord, the damage shall be repaired by Landlord at Tenant’s 's expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore the Premises for the use of Tenant, as Tenant specified in Article Paragraph 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingPremises, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and Tenant, the rent shall, in such event, be paid to or adjusted as of the date of such damage, the terms of this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but . No such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are and subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part party of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control 's control, and to the extent that the Leased Premises are rendered actually untenantable, the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantableuntenantable provided the damage above mentioned occurred without the fault or neglect of Tenant, those employing or retaining the services of Tenant, Tenant's servants, employees, agents, licensees, invitees or visitors. Notwithstanding the fxxxxxing, But if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services any of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitorsother said persons, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense 's expenses and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article paragraph 5 hereof, or Landlord shall decide not to repair or rebuild the Buildingbuilding, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire by lapse of time upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, who shall thereupon cause such damage to all property owned by Landlord it to be repaired with reasonable speed at the expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “labor troubles” or any other cause beyond Landlord’s control control, and to the extent that the Premises are rendered actually untenantable, untenantable the rent shall proportionately abateaxxxx from the date of such casualty, unless Tenant cannot materially conduct businessprovided the damage above mentioned occurred without the fault or neglect of Tenant, in which case the Premises shall be deemed untenantableTenant’s servants, employees, agents or invitees. Notwithstanding the fxxxxxing, if If such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees agents or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlordinvitees, the damage shall be repaired by Landlord at Tenantto the extent of Landlord’s expense and insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or its present uses and Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder or any other obligations which expressly survive the termination of this Leaseprior to such termination. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property providedaddition, further, that in the event that (a) Landlord estimates that its repairs will take more than two hundred seventy (270) days for any areas of the Premises, or restores (b) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of two hundred seventy (270) days for any areas of the Premises, Tenant shall promptly restore all of Tenant’s improvementshave the right, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right by written notice to Landlord to terminate the Lease by reason as of fire the date of the casualty, provided that Tenant gives its within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or other casualty are hereby waived and superceded by this Section 19repair in the case of subparagraph (a) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (b) above.

Destruction - Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of “"labor troubles” " or any other cause beyond Landlord’s control and 's control, and, to the extent that the Premises are rendered actually untenantableuntenantable by such damage, the rent shall proportionately abatexxxxx, unless Tenant cannot materially conduct business, in which case the Premises shall be deemed untenantable. Notwithstanding the fxxxxxing, if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant’s servants, employees, agents, contractors, licensees, invitees or visitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event (a) the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord’s 's opinion, to restore for the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease upon written notice to Tenant and this Lease shall expire by lapse of time upon the third day after such notice is mailed, or (b) damage shall be so extensive that the entire Premises shall be rendered actually untenantable and Landlord shall not have caused the Premises to be restored within 180 days following the occurrence of such damage (the "Restoration Period"), then, provided such damage was not caused by the gross negligence or intentional act or omission of Tenant or Tenant's servants, employees, agents, licensees, invitees or visitors, Tenant may elect to terminate this Lease by written notice to Landlord received by Landlord within the thirty (30) day period following the expiration of the Restoration Period, and this Lease shall expire by lapse of time upon the third day after such notice is timely received by Landlord. Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any statute causing a Lease termination or otherwise granting a party the right to terminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19hereunder.