Common use of Destruction of Leased Premises Clause in Contracts

Destruction of Leased Premises. Should the Leased Premises be destroyed or damaged by fire or other casualty insured against by the Landlord, then: 10.1.1 if the Landlord is of the opinion that the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy, or it is impossible or hazardous to use and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, until the damage has been repaired.

Destruction of Leased Premises. Should the Leased Premises be destroyed or damaged by fire or any other casualty insured against by the Landlord, then: 10.1.1 if for which the Landlord is of the opinion that the damage insured or destruction is such that the Leased Premises are rendered wholly unfit for occupancyshould have been as required under this Lease, or it is impossible or hazardous to use and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify to notify the Tenant in writing writing, within thirty (30) days (the “First Notice”) following the damage or destructiondestruction that either: (i) in the Landlord’s opinion, the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the casualty and that the nature of the damage permits the partial use of the Leased Premises; the Rent shall then xxxxx in proportion of the part of the Leasable Area of the Leased Premises rendered unfit for occupancy to the entire Leasable Area of the Leased Premises, until the damage has been fully repaired so as to allow Tenant to fully occupy and operate its business within the whole of the Leased Premises; (ii) in the Landlord’s opinion, the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of casualty, then, the damage Landlord or destruction, either party the Tenant may, within five fifteen (515) days following the receipt serving of this the Landlord’s first notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destructioncasualty. In such case, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this terminate the Lease, the Minimum Rent and Additional payment of the Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premisesbe set in accordance with subparagraph iii); 10.1.2 if (iii) in the damage be such as to render the Leased Premises wholly unfit for occupancyLandlord’s opinion, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, casualty and that the nature of the damage is such as to render renders the Leased Premises only partially fit totally unfit for occupancy for occupancy; then the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of deferred until the Leased Premises rendered unfit for occupancy bears have been fully repaired so as to allow Tenant to fully occupy and operate its business within the whole of the Leased Premises, until ; the damage has been repairedwhole without any other recourse or claim against the Landlord.

Destruction of Leased Premises. 19.1 Should the Leased Premises be destroyed or damaged by fire to an extent which prevents the Tenant from trading in the Leased Premises or, whether or other casualty insured not the Leased Premises are destroyed or damaged, should the Centre be destroyed or damaged to an extent which is more than 50 % (fifty percentum) of the cost of replacement of the entire Centre; then the Tenant shall have no claim whatsoever against by the LandlordLandlord as a result thereof no matter how much destruction or damage was caused, except where the Landlord wilfully caused the damage, and the Landlord shall be entitled within 30 (thirty) days of such destruction or damage to determine whether or not this lease shall be terminated, and shall notify the Tenant of its decision in writing within such period. Should the Landlord fail to notify the Tenant of its decision within such period, then it shall be deemed to have elected to terminate this lease. If the Landlord wilfully caused the damage, the Tenant may decide whether or not to terminate the agreement. 19.2 Should the Landlord elect or be deemed to have elected to terminate this lease then the Tenant shall have no claim of any nature whatsoever against the Landlord as a result of such termination but shall not be liable for any rent from the date of such destruction of damage. 19.3 Should the Landlord elect not to terminate this lease, then: 10.1.1 if the 19.3.1 The Landlord is of the opinion that the damage or destruction is such that shall reinstate the Leased Premises are rendered wholly unfit for occupancyand/or the Centre, or it as the case may be, as quickly as is impossible or hazardous to use and occupy them, and if possible in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx circumstances but no later than 24 months from the date of the damage until the date on which the Leased Premises have been repaired to the extent destruction or damage. 19.3.2 The Tenant shall not be liable for any rent as long as it is deprived of enabling Tenant to use and occupy beneficial occupation for trading purposes of the Leased Premises;. 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to 19.3.3 Should the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence given beneficial occupation from time to time of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the any part of the Leased Premises rendered unfit for occupancy bears to then it shall make payment of the rent therefore on a pro rata basis either as may be mutually agreed between the Landlord and the Tenant or failing such agreement as may be determined in 19.5 below. 19.3.4 The period of this lease may be extended by the period during which the Tenant is deprived of the beneficial occupation of the whole of the Leased PremisesPremises on the same terms and conditions mutatis mutandis however escalation shall not apply during such extended period. 19.3.5 Notwithstanding the foregoing the annual increase of the Basic Rent referred to in Clause 1.4.1 shall continue to apply and the Basic Rent payable by the Tenant when beneficial occupation of the Leased Premises is resumed shall be the same as if the lease had not been suspended, until provided the damage has been repairedPremises are repaired to its original form. 19.4 Subject to the provisions of 19.1 above should any part (but not the whole) of the Leased Premises be destroyed or damaged by any cause whatsoever, but to an extent which permits the Tenant to continue trading from the Leased Premises then: 19.4.1 This lease shall not be terminated. 19.4.2 The rent payable by the Tenant shall be reduced pro rata to the extent to which and for the period for which the Tenant is deprived of the beneficial occupation of the Leased Premises and as may be mutually agreed between the Landlord and the Tenant or failing such agreement as may be determined in 19.5 below. 19.4.3 The Landlord shall repair the destroyed or damaged portion of the Leased Premises as expeditiously as possible. 19.5 Should any dispute arise between the Landlord and the Tenant in regard to the reduced amount of rent payable at any time or from time to time by the Tenant in terms of 19.3 and / or 19.4 then such dispute shall be referred to the Chairman of the Cape Law Society for the time being or any person appointed by him to adjudicate this dispute, the decision of whom in regard to such dispute shall be final and binding on the Landlord and the Tenant.

Destruction of Leased Premises. Should 6.1 If during the Leased Premises be destroyed or damaged by fire or other casualty insured against by the LandlordTerm of this Lease, then: 10.1.1 if the Landlord is of the opinion that the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancydestroyed by fire, explosion, the elements, or it is impossible other casualty, or hazardous to use and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such are partially destroyed so as to render the Leased Premises wholly untenantable or unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, should the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) Leased Premises be so badly injured that the damage can they cannot be repaired with reasonable diligence within one hundred and eighty (180) days following from the occurrence of date they sustained such injury, then either party may elect by sending a written notice to the damage, other to cancel and nullify the Minimum Rent and Additional Rent shall xxxxx term hereby created from the date of the such damage until the date on which or destruction. Upon such notice, Tenant shall immediately surrender the Leased Premises have been repaired and all of the Tenant's interest therein to the extent Landlord, and shall pay rent only to the time of enabling Tenant to use such surrender, upon which event the Landlord may re-enter and occupy repossess the Premises and may remove all persons and property therefrom. Should the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can Premises be repaired as described above rendered untenantable or unfit for occupancy, but yet be repairable within one hundred and eighty (180) days following from the occurrence of such injury, the damageLandlord may enter and repair the same with reasonable speed, and the rent shall not accrue after said injury or while the repairs are being made, but shall recommence after said repairs shall be completed. In the event, however, that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises so slightly injured as not to be rendered untenantable or unfit for occupancy bears occupancy, then the Landlord agrees to repair the whole same with reasonable promptness and in that case the rent accrued and accruing shall not cease or discontinue at any time. The Tenant shall immediately notify the Landlord in case of fire or other casualty to the Leased Premises. 6.2 Landlord and Tenant hereby release each other and each other's partners, until officers, directors, employees and agents, from liability or responsibility for any loss or damage to property covered by valid and collectible fire insurance with standard extended coverage endorsement. This release shall apply not only to liability and responsibility of the parties to each other, but shall also extend to liability and responsibility for anyone claiming through or under the parties by way of subrogation or otherwise. This release shall apply even if the fire or other casualty shall have been caused by the fault or negligence of a party or anyone for whom a party may be responsible; provided, however, that this release shall apply only with respect to loss or damage has been repairedactually recovered from an insurance company. This release shall not apply to loss or damage of property of a party unless the loss or damage occurs during the times the fire or extended coverage insurance policies of a party contain a clause or endorsement to the effect that any release shall not adversely affect or impair the policies or prejudice the right of the party to recover thereunder. Landlord and Tenant each agree that any fire and extended coverage insurance policies covering the Demised Premises or their contents shall include this clause or endorsement at Tenant's sole cost and expense.

Destruction of Leased Premises. Should 10.01 Landlord agrees, subject to and excepting the other provisions of this Article, that if the Leased Premises shall be destroyed or damaged by fire or other casualty insured against by during the term of this lease, Landlord shall, at Landlord's own expense, then: 10.1.1 if the Landlord is of the opinion that use best efforts to cause the damage or destruction is to be promptly repaired within a reasonable time after such that damage has occurred, which period shall not exceed six months. If by reason of such occurrence, any portion of the Leased Premises are is thereby rendered wholly unfit untenantable for occupancyTenant's business and Tenant ceases use of said portion (provided, that, Tenant shall not be required to remove any items of personal property from the damaged area unless required to do so for purposes of Landlord's repairs or it is impossible or hazardous to use replacement and occupy them, and if the presence of Tenant's personal property in either event the Landlord is damaged portion of the opinion (which Leased Premises shall not constitute "use" within the Landlord meaning of this Section), the rent and other charges payable by Tenant hereunder shall signify be abated in proportion to the area of the Leased Premises which is rendered untenantable and which is not used by Tenant, said abatement to continue until the sooner of the time when the Leased Premises is repaired or until Tenant in writing within thirty (30) days following uses the damage damaged portion of the Leased Premises. Landlord's obligation to restore under this Article shall be limited to the extent of insurance proceeds made available by any mortgagee having control over the disposition of such proceeds. 10.02 In the event that twenty percent or destruction) that more of the damage canLeased Premises shall be damaged or destroyed by fire or other cause during the Term of this Lease and same shall not be repaired with reasonable diligence repairable by Landlord within one hundred and eighty (180) days following six months, Landlord or Tenant shall have the occurrence of the damage or destructionright, either party may, within five (5) days following the receipt of this notice, terminate the Lease to be exercised by written notice to that effectthe other party, in which case within sixty days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice, the term of this Lease shall terminate on expire by lapse of time upon the thirtieth day of the damage or destructionafter such notice is given, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which vacate the Leased Premises have been repaired and surrender the same to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be Landlord on such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, until the damage has been repairedexpiration.

Destruction of Leased Premises. Should (A) If the Leased Premises be are damaged or destroyed or damaged by fire or other casualty insured against covered by the Landlordinsurance, then: 10.1.1 then (1) if the Landlord is of the opinion that the damage totally destroyed or destruction is such so that the Leased Premises are rendered wholly unfit unleaseable, this Lease shall terminate as of the date of such destruction and Tenant shall be liable for occupancythe rent only to the date of such destruction and awards for the Leased Premises shall belong to and be payable to Landlord; or (2) if only partially destroyed and still leaseable, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable reduction in rent from the date of such partial destruction until there be again premises substantially similar in value to Tenant as the Leased Premises partially destroyed. Landlord's obligation to repair or it is impossible or hazardous restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to use Landlord, which are sufficient to cover the cost of said repairs and occupy themrestorations, and if (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either event the conditions (a) or (b) are not met, Landlord is shall notify Tenant and this Lease shall terminate as of the opinion date of such partial destruction and Tenant shall be liable for rent only to the date of such partial destruction. (which B) If the Leased Premises shall be damaged or destroyed by any hazard not covered by insurance, Landlord shall signify have the option to the cancel this Lease by giving written notice of such cancellation to Tenant in writing within thirty (30) days following after the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence happening of the such damage or destruction, either party may, within five (5) days following but if such option not be exercised and if such damage is not the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day result of the damage act or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date omission of the damage Tenant, Tenant's employee or destruction. In the event that neither the agent or invitee, then Landlord nor the Tenant terminates this Lease, the Minimum Rent at its own expense shall proceed with due diligence to repair and Additional Rent shall xxxxx from the date of the damage until the date on which restore the Leased Premises have been repaired to their condition as existed before such damage or destruction with rent being reduced pro rata in proportion to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, decrease in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part usefulness of the Leased Premises rendered unfit for occupancy bears to during repairs and restoration. If such damage is the whole result of the act or omission of the Tenant or Tenant's employee or agent or invites, then Landlord at its option may repair or restore the Leased Premises, until the cost of which shall be paid for by Tenant in installments or in whole upon notice thereof being given to Tenant by Landlord. (C) Tenant shall give immediate written notice to Landlord or Leasing Agent, of any damage has been repairedor destruction of the Leased Premises whether it be total or partial.

Destruction of Leased Premises. a) In the event that the Building is wholly destroyed, then either Tenant or Landlord shall have an option to cancel the Lease, upon giving the other notice within forty-five (45) days of the event. b) Should the Leased Premises Building be partially destroyed and it will take longer than six (6) months to rebuild, then either Landlord or damaged by fire Tenant shall have an option to cancel the Lease, upon giving the other notice within forty-five (45) days of the event. If neither party elects to cancel, then Landlord shall rebuild and all rent will xxxxx in the proportion that the unusable part of the Building forms to the whole of the Building. c) If it will take less than six (6) months to rebuild, then, provided that Landlord is insured therefor or other casualty would have been insured against by the therefor had it insured as a reasonable prudent Landlord, then:then Landlord shall proceed to rebuild and all rent will xxxxx as aforementioned. 10.1.1 if d) The Landlord's architect shall notify the Landlord is of the opinion that the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy, or it is impossible or hazardous to use and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day destruction of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up time needed to repair. From the date of the destruction or damage or destructionuntil the Leased Premises have been restored and rendered fit for occupancy. In Upon the event that neither Tenant being notified in writing by the Landlord nor that the Landlord's obligations pursuant to this Section 11.1 have been substantially completed, the Tenant terminates this Leaseshall forthwith complete all Tenant's work, including, without limitation, such work as provided in Schedule "C" hereto and all work required to fully restore the Leased Premises for business fully fixtured, stocked and staffed. The Tenant shall diligently complete the Tenant's Work and Minimum Rent and Additional Rent shall xxxxx from recommence at the date earlier of the damage until the date on which the Leased Premises have been repaired to the extent expiration of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion sixty (which the Landlord shall signify to the Tenant in writing within thirty (3060) days following completion of Landlord's Work or the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence commencement of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling business by Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part portion of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, until the damage has that have been repaireddamaged or destroyed.

Destruction of Leased Premises. Should If the Leased Premises be are partially or completely destroyed or damaged by fire or other casualty insured against by as a result of a disaster for which the Landlord, thenLessor is insured: 10.1.1 if 13.1.1 Damages that cannot be repaired within a period of one hundred and eighty (180) days - If the Landlord is of the opinion Lessor believes that the damage damages or destruction is are such that the Leased Premises are totally or significantly rendered wholly unfit for occupancyunusable, or that it is impossible or hazardous dangerous to use them and occupy themif, and if in either event case, the Landlord is of the opinion Lessor also believes (which the Landlord shall signify and will so indicate in writing to the Tenant in writing Lessor within thirty (30) days following of the damage or destructiondamages) that the damage damages cannot be repaired with reasonable diligence within in a period of one hundred and eighty (180) days following the occurrence of the damage or destructiondisaster, either party may, within five ten (510) days following the receipt of this notice, terminate cancel the Lease by giving a written notice to that effect, in which case the Lease shall terminate will end on the day of the damage damages or destructiondestruction occurred, and the Minimum Rent and Additional Rent and all any other amounts payable by for which the Tenant under Lessee is responsible for at the expiry of this Lease shall will then be calculated and paid in full up to the date of day the damage destruction or destructiondamages occurred. In Should the event that neither Lessor or the Landlord nor the Tenant terminates Lessee not cancel this Lease, the Minimum Rent and Additional Rent shall xxxxx will be suspended from the date of day the damage until damages occurred up to the date on which time when the Leased Premises have been are repaired to and can be occupied by the extent Lessee in accordance with the conditions of enabling Tenant to use and occupy the Leased Premisespresent; 10.1.2 if 13.1.2 Damages that can be repaired within a period of one hundred and eighty (180) days - If the damage be Lessor believes that the damages are such as to render that the Leased Premises wholly unfit for occupancyare totally or significantly rendered unusable, or if that it is impossible or unsafe dangerous to use or occupy them, but them and if, in either case, the Landlord is of the opinion Lessor believes (which the Landlord shall signify and will so indicate in writing to the Tenant in writing Lessor within thirty (30) days following of the damagedamages) that the damage damages can be repaired with reasonable diligence within a period of one hundred and eighty (180) days following the occurrence of the damagedisaster, the Minimum Lessor will make the necessary repairs to restore the Building, and the Rent and Additional Rent shall xxxxx will be suspended from the date of day the damage until damages occurred up to the date on which time the Leased Premises have been are repaired to and can be occupied by the extent of enabling Tenant to use and occupy Lessee. If the Leased Premises; 10.1.3 if the Landlord is of the opinion Lessor believes that the damage damages can be repaired as described mentioned above within one hundred and eighty (180) days following the occurrence of the damage, disaster and that the nature of the damage is such as damages makes it possible to render partially use the Leased Premises only partially fit for occupancy for the purpose purposes for which they were leasedhad been rented, until such damages have been repaired, the Minimum Rent and Additional Rent shall will be reduced in the proportion that proportionately to the part of the Leased Premises that was rendered unfit for occupancy bears unusable in relation to the whole of the overall Leased Premises, until the damage has been repaired.

Destruction of Leased Premises. Should the Leased Premises Building be destroyed or damaged by fire or other casualty insured against by the Landlord, then: 10.1.1 PART 11.1.1 if the Landlord is of the opinion reasonable opinion, supported by appropriate expertises (1) that the damage or destruction is such that the Leased Premises are Building has been rendered wholly unfit for occupancy, occupancy and / or it is impossible or hazardous to use and occupy themfor Tenant’s operation, and if in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destructioncasualty, either party may, within five (5) business days following the receipt of this noticesuch an opinion, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have Building has been repaired to the extent of enabling Tenant to use and occupy the Leased Premisessame; 10.1.2 PART 11.1.2 if the damage be such as to render the Leased Premises Building wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy themit, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damagecasualty, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have Building has been repaired to the extent of enabling Tenant to use and occupy the Leased Premisessame; 10.1.3 PART 11.1.3 if the Landlord is of the opinion reasonable opinion, supported by appropriate expertises that the damage can be repaired as described above within one hundred and eighty (180) days following following, the occurrence of the damage, casualty and that the nature of the damage is such as to render the Leased Premises Building only partially fit for occupancy for the purpose for which they were it was leased, the Minimum Rent and Additional Rent shall be reduced xxxxx in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, Tenant’s operation is affected until the damage has been repaired.

Destruction of Leased Premises. Should (A) If the Leased Premises be are damaged or destroyed or damaged by fire or other casualty insured against covered by the Landlordinsurance, then: 10.1.1 then (1) if the Landlord is of the opinion that the damage totally destroyed or destruction is such so that the Leased Premises are rendered wholly unfit unleaseable, this Lease shall terminate as of the date of such destruction and Tenant shall be liable for occupancythe rent only to the date of such destruction and awards for the Leased Premises shall belong to and be payable to Landlord; or (2) if only partially destroyed and still leaseable, Landlord shall, within a reasonable time, repair the Leased Premises with a reasonable reduction in rent from the date of such partial destruction until there be again premises substantially similar in value to Tenant as the Leased Premises partially destroyed. Landlord's obligation to repair or it is impossible or hazardous restore the Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Leased Premises being paid to use Landlord, which are sufficient to cover the cost of said repairs and occupy themrestorations, and if (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either event the conditions (a) or (b) are not met, Landlord is shall notify Tenant and this Lease shall terminate as of the opinion date of such partial destruction and Tenant shall be liable for rent only to the date of such partial destruction. (which B) If the Leased Premises shall be damaged or destroyed by any hazard not covered by insurance, Landlord shall signify have the option to the cancel this Lease by giving written notice of such cancellation to Tenant in writing within thirty (30) days following after the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence happening of the such damage or destruction, either party may, within five (5) days following but if such option not be exercised and if such damage is not the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day result of the damage act or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date omission of the damage Tenant, Tenant's employee or destruction. In the event that neither the agent or invitee, then Landlord nor the Tenant terminates this Lease, the Minimum Rent at its own expense shall proceed with due diligence to repair and Additional Rent shall xxxxx from the date of the damage until the date on which restore the Leased Premises have been repaired to their condition as existed before such damage or destruction with rent being reduced pro rata in proportion to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, decrease in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part usefulness of the Leased Premises rendered unfit during repairs and restoration. If such damage is the result of the act or omission of the Tenant or Tenant's employee or agent or invitee, then Landlord at it's option may repair or restore the Leased Premises; the cost of which shall be paid for occupancy bears by Tenant in installments or in whole upon notice thereof being given to the whole Tenant by Landlord. (C) Tenant shall give immediate written notice to Landlord or Leasing Agent of any damage or destruction of the Leased Premises, until the damage has been repairedPremises whether it be total or partial.

Destruction of Leased Premises. Should In the Leased Premises be destroyed or damaged by fire or other casualty insured against by the Landlord, then: 10.1.1 if the Landlord is of the opinion that the damage or destruction is such event that the Leased Premises are rendered wholly unfit for occupancyshould be totally destroyed by fire, tornado or other casualty or in the event the Leased Premises should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the date of such damage, either LESSOR or LESSEE may at its option, by written notice to the other given not more than one hundred eighty (180) days after the date of such fire or other casualty, terminate this Lease. ln such event, the rent shall be abated during the unexpired portion of this Lease effective with the date of such fire or other casualty. ln the event the Space should be damaged by fire, tornado, or it is impossible other casualty covered by LESSOR'S insurance but only to such extent that rebuilding or hazardous repairs can be completed within one hundred eighty (180) days after the date of such damage, or if the damage should be more serious but neither LESSOR nor LESSEE elects to use and occupy themterminate this Lease, and if in either event the Landlord is of the opinion (which the Landlord then LESSOR shall signify to the Tenant in writing within thirty (30) days following after the date of such damage commence to rebuild or destruction) that repair the damage cannot be repaired Space and shall proceed with reasonable diligence within one hundred and eighty (180) days following to restore the occurrence Space to substantially the same condition in which it was immediately prior to the happening of the damage casualty, except that LESSOR shall not be required to rebuild, repair or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day replace any part of the damage or destructionfurniture, equipment, fixtures, and other improvements which may have been placed by LESSEE or other tenants within the Minimum Rent and Additional Rent and all other amounts payable by Space. LESSOR shall, unless such damage is the Tenant under the Lease shall be calculated and paid in full up to the date result of the damage negligence or destruction. In willful misconduct of LESSEE or LESSEE'S employees or invitees, allow LESSEE a fair diminution of rent during the event time that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly Space is unfit for occupancy. ln the event any mortgagee, under a deed-of-trust, security agreement or if it is impossible or unsafe to use or occupy them, but if, in either case, mortgage on the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) Space should require that the damage can insurance proceeds be repaired with reasonable diligence within one hundred used to retire the mortgage debt, LESSOR shall have no obligation to rebuild and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as LESSOR chooses not to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of rebuild the Leased Premises, until then this Lease shall terminate upon notice to LESSEE. Any insurance which may be carried by LESSOR or LESSEE against loss or damage to the damage has been repairedspace shall be for the sole benefit of the party carrying such insurance and under its sole control.

Destruction of Leased Premises. Should If the Leased Premises be are damaged or partially destroyed or damaged by fire or other casualty insured against by to the Landlord, then: 10.1.1 if the Landlord is extent of less than 1/4 of the opinion that then cost of replacement thereof above foundation, the Lessor shall repair such damage or destruction as quickly as is practicable and such that repair shall be completed not more than 90 days after the event. In such case, this Lease shall not be terminated, but the rent shall be abated proportionately for such portion of the Leased Premises as are not reasonably usable during the period in which repairs are being made. If the Leased Premises are rendered wholly unfit for occupancy, so destroyed or it is impossible or hazardous damaged to use and occupy them, and if in either event the Landlord is extent of 1/4 of more of the opinion (which the Landlord shall signify then replacement cost thereof, then Lessor may elect not to the Tenant repair or rebuild by giving notice in writing terminating this Lease within thirty (30) 30 days following after the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effectevent, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the this Lease shall be calculated and paid in full up to terminated as of the date of the such notice. If such damage or destruction. In partial destruction renders 1/4 or more of the event that neither the Landlord nor the Tenant terminates this Leasepremises untenantable, the Minimum Rent and Additional Rent all rent hereunder shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent restored and rendered tenantable effective as of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of such damage or partial destruction. If such damage or partial destruction renders the damage until premises untenantable only in part, the date on which the Leased Premises have been repaired rent shall xxxxx proportionately as to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is portion of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as premises rendered untenantable. If Lessor shall undertake to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of restore or repair the Leased Premises, until it shall initiate and pursue the necessary work with all reasonable dispatch in a manner consistent with sound construction methods and in accordance with plans and specifications acceptable to Tenant. Notwithstanding the foregoing, if damage has been repairedor destruction renders more than 1/4 of the premises untenantable, Lessee may, in its sole discretion, declare this Lease terminated, in which case Lessee’s obligations shall be deemed terminated upon Lessee providing written notice of termination of Lessor, as provided in Paragraph 27.

Destruction of Leased Premises. Should (a) If the Leased Premises be destroyed or are damaged by fire fire, the elements, unavoidable accident or other casualty insured against casualty, but are not thereby rendered untenantable in whole or in part, the Lessor shall at its own expense cause such damage to be repaired within one hundred fifty (150) days from the occurrence thereof, or within such longer period of time as may be required exercising due diligence, and the rent shall not be abated. If by reason of such occurrence, the LandlordLeased Premises are rendered untenantable only in part, then: 10.1.1 if the Landlord is Lessor shall at its own expense cause the damage to be repaired within one hundred fifty (150) days from the occurrence thereof, and the rent shall be abated proportionately as to the portion of the opinion that the damage or destruction is such that Leased Premises rendered untenantable. If the Leased Premises are rendered wholly unfit for occupancyuntenantable, the Lessor shall at its own expense cause such damage to be repaired as soon as practicable and the rent shall xxxxx until the Leased Premises have been restored and rendered tenantable, or it is impossible the Lessor or hazardous to use the Lessee may, at their election, terminate this Lease and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify tenancy hereby created by giving to the Tenant in writing other, within the thirty (30) days following the damage date of such occurrence, written notice of their election to terminate this Lease and in that event the rent shall be adjusted as of the date of such occurrence. (b) In the event that fifty (50%) percent or destructionmore of the rentable area of the Leased Premises is damaged or destroyed the Lessor may terminate this Lease and the tenancy hereby created by giving the Lessee ninety (90) that days' prior written notice of the damage cannot be repaired Lessor's election to so terminate this Lease, with reasonable diligence such notice given, if at all, within one hundred and eighty the ninety (18090) days following the occurrence date of said occurrence. Rent shall be adjusted as of the damage or destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the effective date of the damage or destructionsuch termination. In the event that neither the Landlord nor Lessor does not exercise the Tenant terminates this Lease, right of termination set forth herein the Minimum Rent and Additional Rent Lessor shall xxxxx from the date of cause the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent rent shall be reduced abated as provided in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, until the damage has been repairedParagraph 16(a) above.

Destruction of Leased Premises. Should the Leased Premises Building be destroyed or damaged by fire or other casualty insured against by the Landlord, then: 10.1.1 11.1.1 if the Landlord is of the opinion that the damage or destruction is such that the Leased Premises are Building has been rendered wholly unfit for occupancy, or it is impossible or hazardous to use and occupy them, and if in either event the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage or destruction) that the damage cannot be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage or destructioncasualty, either party may, within five (5) days following the receipt of this noticesuch an opinion, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated and paid in full up to the date of the damage or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have Building has been repaired to the extent of enabling Tenant to use and occupy the Leased Premisessame; 10.1.2 11.1.2 if the damage be such as to render the Leased Premises Building wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy themit, but if, in either case, the Landlord an independent expert is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired substantially, to allow occupancy of the Premises by the Tenant and to allow the Tenant to conduct its normal business with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damagecasualty, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have Building has been repaired to the extent of enabling Tenant to use and occupy the Leased Premisessame; 10.1.3 11.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, casualty and that the nature of the damage is such as to render the Leased Premises Building only partially fit for occupancy for the purpose for which they were it was leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, xxxxx until the damage has been repaired.

Destruction of Leased Premises. Should (A) If the Leased Premises be are damaged or destroyed or damaged by fire or other casualty insured against by the Landlordcasualty, then: 10.1.1 then (1) if the Landlord is of the opinion that the damage totally destroyed or destruction is such so that the Leased Premises are rendered wholly unfit for occupancyunleaseable, or it is impossible or hazardous to use and occupy them, and if in either event the Landlord is this Lease shall terminate as of the opinion (which date of such destruction and Tenant shall be liable for the Landlord shall signify rent only to the Tenant date of such destruction and awards for the Leased Premises shall belong to and be payable to Landlord; or (2) if only partially destroyed and at least ninety percent (90%) of the space is useable by Tenant, Landlord shall, within a reasonable time, repair the Leased Premises with a prorata reduction in writing within thirty (30) days following rent from the damage date of such partial destruction until the repairs are completed. Damage or destruction) that the damage destruction by fire or other casualty covered by insurance, which cannot be repaired with reasonable diligence or restored within one hundred and eighty (180) 30 days following the occurrence of the damage or date of such destruction, either party may, within five (5) days following the receipt of this notice, terminate the Lease by written notice to that effect, in which case the Lease shall terminate on the day of the damage or destruction, be deemed totally destroyed and the Minimum Rent and Additional Rent and all other amounts payable by the Tenant under the Lease shall be calculated deemed to have terminated on the date of such destruction and paid in full up Tenant shall be liable for the rent only to the date of such destruction and awards for the damage Leased Premises shall belong to and be payable to Landlord. Landlord's obligation to repair or destruction. In restore the event that neither Leased Premises are stated herein as conditioned upon (a) all insurance proceeds and award for the Landlord nor Leased Premises being paid to Landlord, which are sufficient to cover the Tenant terminates cost of said repairs and restorations, and (b) there remaining at least twenty four (24) months in the then existing term of this Lease. If Landlord does not repair the Leased Premises because either conditions (a) or (b) are not met, the Minimum Rent Landlord shall notify Tenant and Additional Rent this Lease shall xxxxx from terminate as of the date of the damage until such partial destruction and Tenant shall be liable for rent only to the date on which of such partial destruction. Notwithstanding the Leased Premises have been repaired to foregoing, if such damage is the extent result of enabling the act or omission of the Tenant to use or Tenant’s employee, agent or invitee, and occupy such damage is not covered by insurance, then Landlord at its option may repair or restore the Leased Premises; 10.1.2 if the damage be such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is cost of the opinion (which the Landlord shall signify to the be paid for by Tenant in writing within thirty installments or in whole upon notice thereof being given to Tenant by Landlord (30B) days following the damage) that the Tenant shall give immediate written notice to Landlord of any damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part or destruction of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, until the damage has been repairedwhether it is total or partial.

Destruction of Leased Premises. Should Section 11.01: In the event the Leased Premises shall be partially or totally destroyed or damaged by fire or other casualty insured against under the insurance carried by Lessor pursuant to Section 10.02 of this Lease, as to become partially or totally untenantable, the Landlorddamage to the Leased Premises shall promptly be repaired by Lessor, then: 10.1.1 if to the Landlord is extent of any proceeds received from any insurance, unless Lessor shall elect not to rebuild as hereinafter provided, and a just and proportionate part of the opinion that fixed minimum rental and all other charges shall be abated, annually, until so repaired. The obligation of Lessor hereunder shall be limited to reconstruction of the damage Leased Premises in accordance with the initial plans and specifications for the construction of the Leased Premises. In no event shall Lessor be required to repair or destruction is such that replace Lessee's merchandise, trade fixtures, furnishings, or equipment If more than thirty-five (35%) percent of the Leased Premises or more than thirty-five (35%) of the floor area of the Building in which the Leased Premises are rendered wholly unfit for occupancylocated shall be destroyed by fire or other casualty, then Lessor may elect either to repair or rebuild the Leased Premises or the Building of which the Leased Premises are a part, as the case may be, or it is impossible or hazardous to use and occupy themterminate this Lease by giving written notice to Lessee of its election to so terminate, and if in either event the Landlord is of the opinion such notice to be given within sixty (which the Landlord shall signify to the Tenant in writing within thirty (3060) days following after the occurrence of such damage or destruction) that . If Lessor elects to restore the damage cannot be repaired with reasonable diligence Leased Premises, Lessor shall do so within one hundred and eighty (180) days following after giving notice to Lessee of such election. If Lessor fails to tender possession to Lessee after the occurrence one hundred eighty (160) days, Lessee shall have the option of the damage or destruction, either party may, within five (5) days following the receipt of terminating this notice, terminate the Lease by written sending notice to that effect, in which case the Lease shall terminate on the one hundred eightieth (180th) day to Lessor. Such notice shall inform Lessor of the damage or destructionLessee's election to terminate. Section 11.02: Each party hereto does hereby remise, release, and discharge the Minimum Rent other party hereto and Additional Rent any officer, agent, employee, or representative of such party, of and all from any liability whatsoever hereafter arising from loss, damage, or injury caused by fire or other amounts payable casualty from which insurance (permitting waiver of liability and containing a waiver of subrogation) is carried by the Tenant under injured party at the Lease shall be calculated and paid in full up to the date time of the damage such loss, damage, or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired injury to the extent of enabling Tenant to use and occupy any recovery by the Leased Premises; 10.1.2 if the damage be injured party under such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, until the damage has been repairedinsurance.

Destruction of Leased Premises. Should Section 11.01: In the event the Leased Premises shall be partially or totally destroyed or damaged by fire or other casualty insured against under the insurance carried by Lessor pursuant to Section 10.02 of this Lease, as to become partially or totally untenantable, the Landlorddamage to the Leased Premises shall promptly be repaired by Lessor, then: 10.1.1 if to the Landlord is extent of any proceeds received from any insurance, unless Lessor shall elect not to rebuild as hereinafter provided, and a just and proportionate part of the opinion that fixed minimum rental and all other charges shall be abated, annually, until so repaired. The obligation of Lessor hereunder shall be limited to reconstruction of the damage Leased Premises in accordance with the initial plans and specifications for the construction of the Leased Premises. In no event shall Lessor be required to repair or destruction is such that replace Lessee's merchandise, trade fixtures, furnishings, or equipment. If more than thirty-five (35%) percent of the Leased Premises or more than thirty-five (35%) of the floor area of the Building in which the Leased Premises are rendered wholly unfit for occupancylocated shall be destroyed by fire or other casualty, then lessor may elect either to repair or rebuild the Leased Premises or the Building of which the Leased Premises are a part, as the case may be, or it is impossible or hazardous to use and occupy themterminate this Lease by giving written notice to Lessee of its election to so terminate, and if in either event the Landlord is of the opinion such notice to be given within sixty (which the Landlord shall signify to the Tenant in writing within thirty (3060) days following after the occurrence of such damage or destruction) that . If Lessor elects to restore the damage cannot be repaired with reasonable diligence Leased Premises, Lessor shall do so within one hundred and eighty (180) days following after giving notice to Lessee of such election. If Lessor fails to tender possession to Lessee after the occurrence one hundred eighty (180) days, Lessee shall have the option of the damage or destruction, either party may, within five (5) days following the receipt of terminating this notice, terminate the Lease by written sending notice to that effect, in which case the Lease shall terminate on the one hundred eightieth (180th) day to Lessor. Such notice shall inform Lessor of the damage or destructionLessee's election to terminate. Section 11.02: Each party hereto does hereby remise, release, and discharge the Minimum Rent other party hereto and Additional Rent any officer, agent, employee, or representative of such party, of and all from any liability whatsoever hereafter arising from loss, damage, or injury caused by fire or other amounts payable casualty from which insurance (permitting waiver of liability and containing a waiver of subrogation) is carried by the Tenant under injured party at the Lease shall be calculated and paid in full up to the date of the damage time off such loss, damage, or destruction. In the event that neither the Landlord nor the Tenant terminates this Lease, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired injury to the extent of enabling Tenant to use and occupy any recovery by the Leased Premises; 10.1.2 if the damage be injured party under such as to render the Leased Premises wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them, but if, in either case, the Landlord is of the opinion (which the Landlord shall signify to the Tenant in writing within thirty (30) days following the damage) that the damage can be repaired with reasonable diligence within one hundred and eighty (180) days following the occurrence of the damage, the Minimum Rent and Additional Rent shall xxxxx from the date of the damage until the date on which the Leased Premises have been repaired to the extent of enabling Tenant to use and occupy the Leased Premises; 10.1.3 if the Landlord is of the opinion that the damage can be repaired as described above within one hundred and eighty (180) days following the occurrence of the damage, and that the nature of the damage is such as to render the Leased Premises only partially fit for occupancy for the purpose for which they were leased, the Minimum Rent and Additional Rent shall be reduced in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, until the damage has been repairedinsurance.