Common use of Destruction of Demised Premises Clause in Contracts

Destruction of Demised Premises. A. If the Demised Premises shall be destroyed or so injured by any cause as to be unfit, in whole or in part, for occupancy and such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injury, then Lessee shall not be entitled to surrender possession of the Demised Premises nor shall Lessee's liability to pay rent under this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two (2) months from the happening of such destruction or injury, and if during such period Lessee shall be unable to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding to the time during which and to the portion of the Demised Premises of which Lessee shall be so deprived of the use on account thereof. B. If such destruction or injury cannot be substantially repaired within two (2) months from the happening thereof, Lessor shall notify Lessee within thirty (30) days after receiving notice of the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises are, to the extent reasonably possible, restored to their former condition. In the event Lessee elects to extend the term of this Lease, Lessor shall restore the Demised

Destruction of Demised Premises. A. (a) If the Demised Premises shall be damaged or destroyed by fire or other casualty, then Tenant shall promptly give notice thereof to Landlord; and, except as hereinafter otherwise provided, Landlord shall, within a reasonable time thereafter, repair or restore the Demised Premises to substantially the same condition they were in prior to the casualty. If Landlord is required to repair the Demised Premises pursuant to the provisions of this Section 14.01, its obligations shall be limited to the basic building as described herein, excluding, however, all work, alterations, fixtures, or signs installed by or for Tenant and all floor coverings, furniture, equipment and decorations; and Tenant shall, at Tenant's sole cost and expense, promptly perform all repairs and restoration to the Demised Premises not required to be done by Landlord and shall promptly reenter the Demised Premises and commence its business in all parts thereof upon its repair and restoration. (b) If the damage to the Demised Premises should be so injured by any cause extensive as to be unfit, in render the whole or in partany part thereof untenantable and unsuitable for use and occupation by Tenant, for occupancy a just proportion of the Monthly Rental, according to the nature and extent of the injury to the Demised Premises, shall be suspended or abated until the Demised Premises shall be repaired or restored by Landlord as aforesaid; provided, however, that the obligation of Tenant otherwise to perform under this Lease shall not be affected or abated by reason of such destruction damage or injury could be substantially repaired within destruction. (c) If during the last two (2) months from years of the happening of such destruction or injury, then Lessee shall not be entitled to surrender possession of Term the Demised Premises nor shall Lessee's liability be damaged or destroyed to pay rent under this Lease cease without the mutual consent extent of twenty percent (20%) or more of its insurable value and Tenant does not exercise any extension options available to it pursuant to Section 3.03 above within thirty (30) days following the date of the parties hereto; but in case casualty, or if the proceeds of Landlord's insurance as the result of any such destruction or injury Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two (2) months from the happening of such destruction or injury, and if during such period Lessee shall be unable damage to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding to the time during which and to the portion of the Demised Premises of which Lessee by fire or other casualty shall be so deprived insufficient fully to pay the cost of the use on account thereof. B. If such destruction or injury cannot be substantially repaired within two (2) months from the happening repair thereof, Lessor or if at any time the buildings in the Center shall notify Lessee be damaged or destroyed as to the extent of fifty percent (50%) or more of their insurable value, then in any such event, Landlord may terminate this Lease by notice to Tenant within thirty (30) days after receiving notice of the happening of such destruction damage or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises are, to the extent reasonably possible, restored to their former conditiondestruction. In the event Lessee elects to extend the term of any termination of this LeaseLease pursuant to the provisions of this Section, Lessor the termination shall restore become effective on the Demisedfifteenth (15th) day after the giving of the notice of termination, a just proportion of the Monthly Rental, according to the nature and extent of the injury to the Demised Premises shall be suspended or abated until the time of termination and minimum rent shall be apportioned as of the time of termination.

Destruction of Demised Premises. A. If (a) In the event of the partial destruction of the Demised Premises or damage thereto by fire, explosion, or otherwise so as to render the Demised Premises partially untenantable or unfit for occupancy, the rent for the period required for such repairs shall not be reduced and Tenant shall, at its own cost and expense, repair and restore the Demised Premises with all due diligence. (b) In the event of the destruction by fire, explosion, the elements or otherwise during the Term of the entire Demised Premises or so much thereof so that in the reasonable opinion of Tenant restoration of the same is not feasible, Tenant may terminate this Agreement by giving Landlord written notice to that effect, not more than 15 days following the date of such damage, whereupon all proceeds payable pursuant to any insurance policies covering the Demised Premises shall be destroyed paid over or so injured by assigned to Landlord, this Agreement shall terminate and neither party shall have any cause rights hereunder against the other. (c) In the event Tenant does not elect to terminate the Lease as to be unfitprovided in subparagraph (b), in whole or in part, for occupancy Tenant shall repair and such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injury, then Lessee shall not be entitled to surrender possession of restore the Demised Premises nor shall Lessee's liability to pay rent under this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor shall repair the same with all reasonable speed due diligence at its sole cost and expense. All insurance proceeds shall substantially complete such repairs within two thereupon be paid over to Tenant. (2d) months from In the happening event of such partial destruction or injury, and if during such period Lessee shall be unable to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from or in the rent corresponding to the time during which and to the portion event of total or substantial destruction of the Demised Premises of which Lessee shall be so deprived of the use on account thereof. B. If such destruction or injury cannot be substantially repaired within two (2) months from the happening thereof, Lessor shall notify Lessee within thirty (30) days after receiving notice of the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completedPremises, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent is not terminated and Tenant elects to the time from the happening of such destruction or injury until restore the Demised Premises areas aforesaid, the repairs and cost of restoration shall be paid by Tenant, and all the insurance proceed available after payment, if any, to the extent reasonably possiblemortgagee, restored shall be paid over to their former conditionTenant. In Landlord shall not be obligated to pay any amount toward such repair or restoration. (e) Tenant shall notify Landlord as soon as practicable in case of damage, by fire or otherwise, to the event Lessee elects to extend the term of this Lease, Lessor shall restore the DemisedDemised Premises.

Destruction of Demised Premises. A. If In the event that the Demised Premises shall or the Building or any part thereof shall, at any time during the Term, be destroyed or damaged by fire, lightning, tempest, explosion, act of God or the Queen's enemies, so injured by any cause as to be unfitrender the Demised Premises unfit for the purposes of the Lessee, then the Rent hereby reserved, or a proportionate part thereof, according to the nature and extent of the destruction or damage sustained, shall abate, such suspension in the case of destruction or damage xx xx until the Demised Premises have been rebuilt (including Leasehold Improvements) and made fit for the Lessee's repair or replacement of its trade fixtures and chattels; provided that either the Lessor or the Lessee shall have the option, in whole the event the Building or in parta substantial part thereof being substantially destroyed or damaged such that the Building or any part thereof cannot be repaired within one hundred eighty (180) days of the commencement of repair and rebuilding as determined by the Lessor's architect, for occupancy acting reasonably, such determination to be made and communicated to each of the Lessor and the Lessee within sixty (60) days after such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injurydamage occurring, then Lessee shall not be entitled to surrender possession of the Demised Premises nor shall Lessee's liability to pay rent under terminate this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two (2) months from the happening of such destruction or injury, and if during such period Lessee shall be unable to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding on giving to the time during which and to the portion of the Demised Premises of which Lessee shall be so deprived of the use on account thereof. B. If such destruction or injury cannot be substantially repaired within two (2) months from the happening thereof, Lessor shall notify Lessee other party within thirty (30) days after receiving notice of the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, architect's determination notice in writing of its intention to elect either to so terminate this Lease, and subject thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned to Paragraph C hereofa date being sixty (60) days after such notice is given, to be released from further liability hereunder or to extend and the term Lessee shall on such latter date immediately deliver up vacant possession of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises areto the Lessor. If such option is not exercised, the Lessor shall diligently rebuild the Demised Premises (including erecting and installing the Leasehold Improvements) to the extent reasonably possible, restored to their former condition. In of its obligations as described in this Lease (provided that the event Lessee elects to extend the term of this Lease, Lessor shall restore not be obligated to provide any loans, allowances or inducements to the DemisedLessee).

Destruction of Demised Premises. A. If SECTION 9.01. Subject to the provisions of Section 9.02 if the Demised Premises shall be destroyed or so injured partially damaged by any cause as to be unfit, in whole or in part, for occupancy and such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injury, then Lessee shall not be entitled to surrender possession of the Demised Premises nor shall Lesseecasualty covered by Landlord's liability to pay rent under this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor insurance policy Landlord shall repair the same with all reasonable speed to their condition at the time of the occurrence of the damage and shall substantially complete such repairs within two (2) months from the happening of such destruction or injury, and if during such period Lessee minimum rent shall be unable abated proportionately as to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding to the time during which and to the that portion of the Demised Premises of which Lessee rendered untenantable; provided however Landlord shall not be obligated to commence such repair until insurance proceeds are received by Landlord and Landlord's obligation hereunder shall be so deprived limited to the application of the use on account proceeds actually received by Landlord under its insurance policy which have not been required to be applied towards the reduction of any indebtedness secured by a mortgage covering the Plaza and any portion thereof. B. SECTION 9.02. If such destruction the Demised Premises (i) are rendered wholly untenantable; or injury can(ii) should be damaged as a result of the risk which is not covered by Landlord's insurance; or (iii) should be substantially repaired within damaged in whole or in part during the last two (2) months from years of the happening Term or of any renewal term hereof; (iv) or the building of which it is a part whether the Demised Premises are damaged or not or all of the buildings which then comprise the Plaza should be damaged to the extent of fifty (50%) percent or more of the then monetary value thereof, Lessor shall notify Lessee ; (v) or if any or all of the buildings or common area of the Plaza are damaged whether or not the Demised Premises are damaged to such an extent that the Office Building cannot in the sole judgment of Landlord be operated as an integral unit then or in any such events Landlord may either elect to repair the damage or may terminate this Lease by notice of termination within thirty One Hundred Eighty (30180) days after receiving notice of the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, event and thereupon this Lease shall terminate. If Lessor expire and Tenant shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, vacate and Lessee shall have the option, within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until surrender the Demised Premises are, to Landlord. Tenant's liability for rent subject to the extent reasonably possible, restored to their former conditionprovisions regarding abatement of minimum rent contained in Section 9.01 shall continue until the date of termination of this lease. SECTION 9.03. In the event Lessee Landlord elects to extend repair the term damage insurable under Landlord's policies any abatement of rent shall end five (5) days after notice by Landlord to Tenant that the Demised Premises have been repaired. If the damage is caused by negligence of Tenant or its employees, agents, invitees, or concessionaires, there shall be no abatement of rent. Unless this LeaseLease is terminated by Landlord Tenant shall repair and re-fixture the interior of the Demised Premises in a manner and at least a condition equal to that existing prior to its destruction or casualty and the proceeds of all insurance carried by Tenant on its property and improvements shall be held in trust by Tenant for the purpose of said repair and replacement. ARTICLE X, Lessor shall restore the DemisedCONDEMNATION

Destruction of Demised Premises. A. If (1) Except as provided in subparagraph 12 B below, if the Demised Premises Premises, or any part thereof shall be destroyed or so injured by any cause as to damaged during the term of the lease, and the same can reasonably be unfitrepaired or restored within one hundred eighty (180) days following such occurrence, in whole or in partat Lessor's written election, for occupancy and such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injury, then Lessee shall not be entitled to surrender possession of the Demised Premises Premises, or any part thereof nor shall Lessee's liability to pay rent under this Lease cease without the mutual consent of the parties heretolease cease; but in case of any such damage or destruction, this lease shall continue in full force and effect and the proceeds of all insurance covering such damage or destruction shall be made available to the Lessee. In such event and upon Lessor's election, Lessee shall be obligated to rebuild and reconstruct such damaged portion of the Demised Premises. If the cost to so rebuild or injury reconstruct shall exceed the proceeds of any insurance, the Lessee shall be liable for any such deficit. If however, the proceeds of any insurance, paid for by Lessee, covering such damage or destruction exceed the cost of repair or reconstruction, such excess shall belong absolutely to the Lessee. Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two may alternatively elect to terminate this (2) In the event of any such damage or destruction and the same cannot reasonably be repaired within one hundred eighty (180) days following such occurrence, either Lessor or Lessee may elect to terminate this lease by written notice to the other within thirty (30) days following such damage or destruction. (3) In the event either does so elect to terminate this lease under (1) or (2) hereof, all proceeds of the insurance covering such damage or destruction shall belong absolutely to the Lessor. In the event that neither Lessor nor Lessee elects to terminate this lease, the Lessee's obligation and the use of the proceeds shall be the same as described above under circumstances where the damage and destruction can be repaired within one hundred eighty (180) days. B. If the Demised Premises, or any part thereof, shall be destroyed or damaged by fire or other casualty at any time during the last six (6) months from of the happening term of such destruction or injurythe lease, and if during the same can be reasonably repaired or restored within sixty (60) days following such period Lessee occurrence, this lease shall not terminate, but in case of any such damage or destruction, the proceeds of all insurance covering such damage or destruction shall be unable made available to use all or any the Lessee to rebuild and reconstruct such damaged portion of the Demised Premises, a proportionate allowance and if the cost to so rebuild or reconstruct shall be made to Lessee from exceed the rent corresponding to proceeds of any insurance, the time during which and to the portion of the Demised Premises of which Lessee shall be so deprived liable for any such deficit. If, however, the proceeds of any insurance, paid for by Lessee, covering such damage or destruction exceed the use on account thereof. B. If cost of repair or reconstruction, such excess shall belong absolutely to the Lessee. In the event of any such damage or destruction or injury and the same cannot reasonably be substantially repaired within two sixty (260) months from days following such occurrence, the happening thereof, Lessor shall notify or the Lessee may elect to terminate this lease by written notice to the other within thirty (30) days after receiving notice of the happening of following such destruction damage or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises are, to the extent reasonably possible, restored to their former conditiondestruction. In the event Lessor or Lessee elects does so elect to extend terminate this lease, all proceeds of the term insurance covering such damage or destruction shall belong absolutely to the Lessor. In the event that neither Lessor nor Lessee elect to terminate this lease, the Lessee's obligation and the use of this Lease, Lessor the proceeds shall restore be the Demisedsame as described above under circumstances where the damage and destruction can be repaired within sixty (60) days.

Destruction of Demised Premises. A. (a) If the Demised Premises demised premises shall be destroyed damaged by fire or so injured other casualty covered by any cause as to be unfit, Landlord's policies of fire and broad form extended coverage insurance but are not thereby rendered untenantable in whole or in part, for occupancy subject to the limitations hereafter set forth, Landlord, at its own expense, shall cause such damage to be repaired in an expeditious and such destruction or injury could be substantially repaired within two (2) months from timely manner, and the happening of such destruction or injury, then Lessee rent shall not be entitled to surrender possession of the Demised Premises nor shall Lessee's liability to pay rent under this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two (2) months from the happening abated. If by reason of such destruction or injuryoccurrence, and if during such period Lessee the demised premises shall be unable rendered untenantable in whole or in part, subject to use all or any portion of the Demised Premiseslimitations hereafter set forth, a proportionate allowance Landlord, at its own expense, shall cause the damage to be repaired and the Base Rent shall be made to Lessee from the rent corresponding to the time during which and abated proportionately as to the portion of the Demised Premises demised premises rendered untenantable until the completion of which Lessee Landlord's repairs thereto. If the demised premises shall be so deprived damaged or destroyed by a fire or casualty not covered by Landlord's policies of fire and broad form extended coverage insurance and the Landlord, at its option, decides not to repair and restore the demised premises, Landlord shall have the right, to be exercised by notice in writing delivered to Tenant within thirty (30) days from and after the occurrence of such damage or destruction, to cancel and terminate this Lease. Either party shall have the right, to be exercised by notice in writing, delivered to the other within thirty (30) days from and after any occurrence which renders the demised premises wholly untenantable to cancel this Lease, and if said destruction of the use on account thereofpremises occurs within the last three (3) years of the term of this Lease, said cancellation to take effect thirty (30) days from and after the receipt of such notice by the other party, and in such event this Lease and the tenancy hereby created shall cease as of the aforesaid date (except that such cancellation shall not affect the obligations of the parties which have accrued theretofore and remain unpaid), the rent to be adjusted as of such date; provided, however, that if Landlord shall commence repairs or reconstruction of the destroyed premises during the period prior to the cancellation date, the tenancy shall remain in effect and said notice of cancellation shall be considered void. In no event shall Landlord be obligated to expend for any repairs or reconstruction pursuant to this Paragraph 18 an amount in excess of the insurance proceeds recovered by it and allocable to the damage to the demised premises after deduction therefrom of Landlord's reasonable expenses in obtaining such proceeds and any amounts required to be paid to Landlord's mortgagee. B. (b) If the Landlord is required to repair or reconstruct the leased premises pursuant to the provisions of Paragraph 18(a), its obligation shall be limited to the building shell and other construction to be performed by Landlord pursuant to the Landlord's Work provision of Exhibit "D" hereof, which work Landlord shall commence and complete within a reasonable time. Tenant shall submit to Landlord for Landlord's approval detailed plans and specifications for all other work not required to be done by Landlord and upon approval of such destruction or injury canplans and specifications and, within fifteen (15) days after the Tenant has been notified that the Landlord has completed its work on the premises, Tenant shall re-enter the demised premises and thereafter diligently pursue to completion such work at Tenant's expense and thereafter commence doing business all in accordance with the provisions of this Lease. Landlord shall not be substantially repaired liable for delays occasioned by cause, so long as Landlord shall proceed in good faith. (c) Notwithstanding anything set forth herein to the contrary, Tenant alone shall be responsible for all repairs and replacements of damage and/or destruction of the demised premises necessitated by burglary or attempted burglary, or by any other illegal or forcible entry into the demised premises. (d) Tenant covenants that it will give notice to Landlord of any accident or damage whether such damage is caused by insured or uninsured casualty, occurring in, on or about the demised premises within seventy-two (272) months from hours after Tenant has knowledge of the happening thereofoccurrence of such accident or damage. If Tenant breaches its covenant set forth in this Paragraph 18(d), Lessor Landlord, in addition to all other rights and remedies under this Lease, at law or in equity shall, at its option, be relieved of any of its obligations under Paragraph 18. (e) In the event that fifty percent (50%) or more of the total rentable area of the Office Center shall notify Lessee be damaged or destroyed by fire or other casualty, notwithstanding that the demised premises may be unaffected by such fire or other cause, either party shall have the right, to be exercised by notice in writing delivered to the other within thirty (30) days after receiving notice of said occurrence, to cancel and terminate this Lease. Upon the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt giving of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises are, to the extent reasonably possible, restored to their former condition. In the event Lessee elects to extend the term of this Lease, Lessor Lease shall restore expire by lapse of time upon the Demisedfifteenth (15th) day after such notice is given and Tenant shall vacate the demised premises and surrender the same to Landlord.

Destruction of Demised Premises. A. If In the event that the Demised Premises shall or the Building or any part thereof shall, at any time during the Term, be destroyed or damaged by fire, lightning, tempest, explosion, act of God or the Queen's enemies, so injured by any cause as to render the Demised Premises unfit for the purposes of the Lessee, then the Rent hereby reserved, or a proportionate part thereof, according to the nature and extent of the destruction or damage sustained, shall xxxxx, such suspension in the case of destruction or damage to be unfituntil the Demised Premises have been rebuilt and made fit for the Lessee's repair or replacement of its fixtures and improvements; provided that either the Lessor or the Lessee shall have the option, in whole the event the Building or in parta substantial part thereof being substantially destroyed or damaged such that the Building or any part thereof cannot be repaired within one hundred eighty (180) days of the commencement of repair and rebuilding as determined by the Lessor's architect, for occupancy acting reasonably, such determination to be made and communicated to each of the Lessor and the Lessee within sixty (60) days after such destruction or injury could be substantially repaired within two (2) months from the happening of such destruction or injury, then Lessee shall not be entitled damage occurring to surrender possession of the Demised Premises nor shall Lessee's liability to pay rent under terminate this Lease cease without the mutual consent of the parties hereto; but in case of any such destruction or injury Lessor shall repair the same with all reasonable speed and shall substantially complete such repairs within two (2) months from the happening of such destruction or injury, and if during such period Lessee shall be unable to use all or any portion of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding on giving to the time during which and to the portion of the Demised Premises of which Lessee shall be so deprived of the use on account thereof. B. If such destruction or injury cannot be substantially repaired within two (2) months from the happening thereof, Lessor shall notify Lessee other party within thirty (30) days after receiving notice of the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, architect's determination notice in writing of its intention to elect either to so terminate this Lease, and subject thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned to Paragraph C hereofa date being sixty (60) days after such notice is given, to be released from further liability hereunder or to extend and the term Lessee shall on such latter date immediately deliver up vacant possession of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises areto the Lessor together with repayment of the Loan and all accrued interest. If such option is not exercised, the Lessor shall diligently rebuild the Demised Premises to the extent reasonably possible, restored to their former condition. In of its obligations as described in this Lease (provided that the event Lessee elects to extend the term of this Lease, Lessor shall restore not be obligated to provide any loans, allowances or inducements to the DemisedLessee) and the Lessee shall erect and install the Leasehold Improvements.

Destruction of Demised Premises. A. In the event the Demised Premises or any portion thereof should be destroyed or so damaged by fire, windstorm, or other casualty, either party may cancel this Lease Agreement for its convenience by giving sixty (60) days written notice to the other at any time after the occurrence of the fire, windstorm, or other casualty. In the event of cancellation under this Article, neither party shall be responsible to the other party for any expense associated with the cancellation, and Tenant shall only be liable to Landlord for such rents as may be due as of the date of such fire, windstorm, or other casualty. If neither party shall exercise the foregoing right of cancellation, Landlord shall cause the building and Demised Premises to be repaired and placed in good condition within one hundred twenty (120) days following the date of casualty, time being of the essence. If the Demised Premises sustained damages such that repairs cannot be completed within one hundred twenty (120) days, Tenant shall be destroyed or so injured entitled to cancel this Lease Agreement by the giving of written notice to Landlord at any cause as to be unfittime, in whole or in part, for occupancy and such destruction or injury could be substantially repaired within two (2) months from notwithstanding the happening commencement of such destruction or injury, then Lessee any repairs by Landlord. Tenant shall not be entitled to surrender possession liable for rent during such period of time as the Demised Premises nor shall Lessee's liability to pay rent under this Lease cease without be untenantable by reason of fire, windstorm or other casualty. In the mutual consent event of the parties hereto; but in case of any such partial destruction or injury Lessor shall repair damages to the same with all reasonable speed and shall substantially complete such repairs within two (2) months from Demised Premises which does not render the happening of such destruction or injuryDemised Premises untenantable, and if during such period Lessee the rents shall be unable proportionately abated in accordance with the extent to use all which Tenant is deprived of use, occupancy or any portion full enjoyment of the Demised Premises, a proportionate allowance shall be made to Lessee from the rent corresponding to the time during which and to the portion unless Tenant exercises its right of the Demised Premises of which Lessee shall be so deprived of the use on account thereofcancellation as set forth above. B. If such destruction or injury cannot be substantially repaired within two (2) months from the happening thereof, Lessor shall notify Lessee within thirty (30) days after receiving notice of the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall terminate. If Lessor shall elect to repair or rebuild, Lessor shall specify the time within which such repairs or reconstruction will be completed, and Lessee shall have the option, within thirty (30) days after the receipt of such notice, to elect either to terminate this Lease, and subject to Paragraph C hereof, to be released from further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the Demised Premises are, to the extent reasonably possible, restored to their former condition. In the event Lessee elects to extend the term of this Lease, Lessor shall restore the Demised