Common use of DESTRUCTION OF OR DAMAGE TO THE PREMISES Clause in Contracts

DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, so that the Premises are rendered untenantable in whole, this Lease shall terminate as of the date of such destruction, and rental shall be accounted for as between Lessor and Lessee as of that date. In the event the Premises are so totally destroyed, Lessor shall have the option of retaining the insurance proceeds paid on account of said casualty (except for payment of Lessee's personal property), if any, or of rebuilding the Premises. In the event less than twenty-five (25 %) percent of the Premises are materially damaged by fire other perils covered and paid for by extended coverage insurance or if the damage exceeds twenty-five (25 %) percent but is less than fifty (50%) percent of the Premises and repairs can be completed within twelve (12) months for substantially the same amount of square footage, the Lessor agrees to forthwith repair same (exclusive of Lessee's leasehold improvements, fixtures, etc.) provided further that Lessee shall be entitled to a proportionate abatement of the Rent from the date of damage and while such repairs are being made, such proportionate abatement to be based upon the extent to which the damage and making such repairs shall reasonably interfere with the business carried on by the Lessee in the Premises. If such damage is due to the fault or neglect of Lessee, or its employees, however, there shall be no abatement of Rent. In the event that the material damage to the Premises exceeds fifty (50%) percent of the property, Lessee and Lessor shall have the option to give notice to the other at any time within sixty (60) days after such damage, terminating this lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Lessee in the premises shall terminate on the date so specified in such notice and the Rent, abated by a proportionate reduction based upon the extent, if any, to which such damage interfered with the business carried on by the Lessee on the Premises should be paid up to the date of such termination. Notwithstanding any to the contrary contained in this paragraph, Lessor shall not have any obligation whatsoever to repair, construct or restore the Premises when the damage resulting from any casualty covered under this paragraph occurs during the last twenty-four (24) months of the term of this lease or any extension thereof. lessor shall not be required to repair or replace any injury or damage by fire or other cause or to make any repairs or replacements of any leasehold improvements, fixtures or other personal property of Lessee.

DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises are totally should be damaged or destroyed by stormany insured peril whatsoever, fire, lightning, earthquake or other casualty, so that all insurance proceeds shall be delivered to Tenant and Tenant shall proceed with reasonable diligence to rebuild and repair the Premises are rendered untenantable to substantially the condition in wholewhich it existed prior to such damage or destruction. If, however, the damage or destruction (a) shall be to greater than seventy-five percent (75%) of the value of the improvements upon the Premises; or (b) shall occur within the last two (2) years of the Term, then Tenant may terminate this Lease shall terminate as of the date that such damage or destruction occurs by giving written notice to Landlord of such election to terminate within ninety (90) days after the date of such damage or destruction. If this Lease is terminated by Tenant, insurance proceeds with respect to the building, structure and rental fixtures shall be accounted for as between Lessor and Lessee as of that datepaid to Landlord. In the event the Premises are so totally destroyed, Lessor shall have the option of retaining the insurance proceeds paid on account of said casualty (except for payment of Lessee's personal property), if any, or of rebuilding the Premises. In the event less than twenty-five (25 %) percent of the Premises are materially damaged by fire other perils covered and paid for by extended coverage insurance or if the damage exceeds twenty-five (25 %) percent but is less than fifty (50%) percent of the Premises and repairs can be completed within twelve (12) months for substantially the same amount of square footage, the Lessor agrees to forthwith repair same (exclusive of Lessee's leasehold improvements, fixtures, etc.) provided further that Lessee The rent payable under this Lease shall be entitled to a proportionate abatement of the Rent from abated beginning on the date of damage or destruction within the scope of this Paragraph 10 and while shall resume upon recompletion to substantially the condition in which the Premises existed prior to such repairs are being madedamage or destruction; provided, such proportionate however, that the rental abatement shall be proportional to be based upon the extent to which the damage Premises are not useable (with greater weight given to Tenant's inability to use the improved portions of the Premises and making such repairs its impact on revenues to Tenant) by Tenant and if the parties are unable to agree upon the appropriate rental abatement either party may demand Arbitration and Tenant shall reasonably interfere pay Rent on the basis of the average of its estimate of the abated Rent and Landlord's estimate of the abated Rent, with the business carried on by the Lessee in the Premises. If such damage is any additional amount due to the fault or neglect of Lessee, or its employees, however, there shall be no abatement of Rent. In the event that the material damage to the Premises exceeds fifty (50%) percent of the property, Lessee and Lessor shall have the option to give notice to the other at any time paid within sixty (60) days after such damage, terminating this lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving arbitrator's determination and any excess to be either, at Tenant's option, credited against the next due installment(s) of such notice. In the event of giving such notice, this Lease shall expire and all interest Rent or paid by Landlord to Tenant within thirty (30) days of the Lessee in the premises shall terminate on the date so specified in such notice and the Rent, abated by a proportionate reduction based upon the extent, if any, to which such damage interfered with the business carried on by the Lessee on the Premises should be paid up to the date of such termination. Notwithstanding any to the contrary contained in this paragraph, Lessor shall not have any obligation whatsoever to repair, construct or restore the Premises when the damage resulting from any casualty covered under this paragraph occurs during the last twenty-four (24) months of the term of this lease or any extension thereof. lessor shall not be required to repair or replace any injury or damage by fire or other cause or to make any repairs or replacements of any leasehold improvements, fixtures or other personal property of Lesseearbitrator's decision.

DESTRUCTION OF OR DAMAGE TO THE PREMISES. (a) If the Premises are totally destroyed is damaged by storm, fire, lightningsevere weather event, earthquake the elements, accident or other casualty, so that the Premises are rendered untenantable in whole, this Lease shall terminate as of the date peril (any of such destruction, and rental shall be accounted for causes being referred to herein as between Lessor and Lessee as of that date. In the event the Premises are so totally destroyed, Lessor shall have the option of retaining the insurance proceeds paid on account of said casualty (except for payment of Lessee's personal propertya “Casualty”), if any, or of rebuilding the Premises. In the event less than twenty-five (25 %) percent of the Premises are materially damaged by fire other perils covered and paid for by extended coverage insurance or if the damage exceeds twenty-five (25 %) percent but is less than fifty (50%) percent of the Premises and repairs can be completed within twelve (12) months for substantially the same amount of square footage, the Lessor agrees to forthwith repair same (exclusive of Lessee's leasehold improvements, fixtures, etc.) provided further that Lessee shall be entitled to a proportionate abatement of the Rent from the date of damage and while such repairs are being made, such proportionate abatement to be based upon the extent to which the damage and making such repairs shall reasonably interfere with the business carried on by the Lessee in the Premises. If such damage is due subject to the fault or neglect provisions of Lesseethis Section 17, or its employees, however, there shall be no abatement of Rent. In ADSLLP-00086836.8 Landlord will cause the event that the material damage to the Premises exceeds fifty to be repaired. The following shall apply in the event of any Casualty: (50%i) percent If the Premises is (A) damaged as a result of any cause or Casualty which is not covered by insurance obtained by Landlord, or for which the proceeds are insufficient to reconstruct, and Landlord does not elect to fund that deficiency within thirty (30) days of determination of the propertyamount of the deficiency, Lessee and Lessor shall have (B) damaged or destroyed as a result of any cause or Casualty in whole or in part during the option to give notice last year of the Term, or (C) if any mortgagee or other person entitled to the other at proceeds of the insurance does not consent to the payment to Landlord of insurance proceeds for the purpose of reconstruction, then in any time of such events, Landlord may elect to terminate this Lease by giving to Tenant notice of such election within sixty (60) days after such damageof the later of (1) the date of the Casualty and (2) the date of Landlord’s receipt of notice concerning (A) or (C) above. If a notice is given accordingly, terminating this lease the rights and obligations of Landlord and Tenant shall cease as of the date specified in such of the notice, which date and Rent shall be no more than thirty adjusted as of the date of the Casualty. (30ii) days after If Landlord does not elect to terminate the giving Lease pursuant to Section 17(a)(i), Landlord shall, following receipt of such noticethe relevant insurance proceeds, commence diligently to reconstruct (including any demolition in order to reconstruct), rebuild or repair, if necessary, the Premises. In no event shall Landlord be liable for damage to or restoration of Tenant’s Property. Following completion of Landlord’s work, Tenant shall promptly commence performance of its work, and shall diligently pursue the event of giving such noticecompletion as soon thereafter as possible under the circumstance. If Landlord fails, subject to any force majeure factors, to complete the repairs within nine (9) months following commencement thereof, Tenant shall have the right to terminate this Lease by delivering written notice to Tenant at any time before Xxxxxx’s receipt of Landlord’s written notice that the Premises has been substantially restored. (b) The Tenant shall expire be relieved from paying rent and all interest other charges during any portion of the Lessee Term that the Premises is uninhabitable, inoperable, or otherwise unfit for occupancy, or use, in whole or in part, for Tenant’s purposes; provided that the premises Casualty is not the result of any act of negligence by Tenant, or by any of Tenant’s agents, employees, vendors, or invitees. Rent payments and other charges paid in advance for any such periods shall terminate be credited on the date so specified in such notice and the Rent, abated by a proportionate reduction based upon the extentnext payment, if any, but if no further payments are to which such damage interfered with the business carried on by the Lessee on the Premises should be paid up made, any additional or remaining advance payments shall be refunded to the date of such termination. Notwithstanding any to the contrary contained in this paragraph, Lessor shall not have any obligation whatsoever to repair, construct or restore the Premises when the damage resulting from any casualty covered under this paragraph occurs during the last twenty-four (24) months of the term of this lease or any extension thereof. lessor shall not be required to repair or replace any injury or damage by fire or other cause or to make any repairs or replacements of any leasehold improvements, fixtures or other personal property of LesseeTenant.

DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, so that the Premises are rendered untenantable in whole, this Lease shall terminate as of the date of such destruction, and rental shall be accounted for as between Lessor and Lessee as of that date. In the event the Premises are so totally destroyed, Lessor shall have the option of retaining the insurance proceeds paid on account of said casualty (except for payment of Lessee's personal property), if any, or of rebuilding the Premises. In the event less than twenty-five (25 %) percent of the Premises are am materially damaged by fire other perils covered and paid for by extended coverage insurance or if the damage exceeds twenty-five (25 %) percent but is less than fifty (50%) percent of the Premises and repairs can be completed within twelve (12) months for substantially the same amount of square footage, the Lessor agrees to forthwith repair same (exclusive of Lessee's leasehold improvements, fixtures, etc.) provided further that Lessee shall be entitled to a proportionate abatement of the Rent from the date of damage and while such repairs are am being made, such proportionate abatement to be based upon the extent to which the damage and making such repairs shall reasonably interfere with the business carried on by the Lessee in the Premises. If such damage is due to the fault or neglect of Lessee, or its employees, however, there shall be no abatement of Rent. In the event that the material damage to the Premises exceeds fifty (50%) percent of the property, Lessee and Lessor shall have the option to give notice to the other at any time within sixty (60) days after such damage, terminating this lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Lessee in the premises shall terminate on the date so specified in such notice and the Rent, abated by a proportionate reduction based upon the extent, if any, to which such damage interfered with the business carried on by the Lessee on the Premises should be paid up to the date of such termination. Notwithstanding any to the contrary contained in this paragraph, Lessor shall not have any obligation whatsoever to repair, construct reconstruct or restore the Premises when the damage resulting from any casualty covered under this paragraph occurs during the last twenty-four (24) months of the term of this lease or any extension thereof. lessor thereof Lessor shall not be required to repair or replace any injury or damage by fire or other cause or to make any repairs or replacements of any leasehold improvements, fixtures or other personal property of Lessee.

DESTRUCTION OF OR DAMAGE TO THE PREMISES. If fire or any other casualty damages or destroys the Premises, in whole or in part, Landlord shall, using only insurance proceeds payable to it, restore the Premises are totally destroyed by stormto the condition existing immediately prior to the commencement of the Term with Tenant replacing or repairing all Tenant improvements or personalty, fire, lightning, earthquake or other casualty, so that the Premises are rendered untenantable in whole, and this Lease shall terminate as of the date of continue in full force and effect. Landlord shall use reasonable good faith efforts to expedite such destructionrestoration and rebuilding. Rent shall not abatx xxxing any such reconstruction or rebuilding, and rental Tenant shall be accounted maintain business interruption insurance for as between Lessor and Lessee as of that datesuch risks. In the event the Premises are so totally destroyed, Lessor should be damaged or destroyed to the extent of seventy-five percent (75%) or more of the total square footage of all Buildings and other improvements on the Premises (hereinafter a "Casualty") and such Casualty shall have occur after the option first eight (8) Lease Years of retaining the insurance proceeds paid on account Term of said casualty (except for payment of Lessee's personal property), if anythe Lease, or during the last two (2) Lease Years of rebuilding the Premises. In the event less than twenty-five (25 %) percent of the Premises are materially damaged any renewal, then and in such event, Tenant may elect by fire other perils covered and paid for by extended coverage insurance or if the damage exceeds twenty-five (25 %) percent but is less than fifty (50%) percent of the Premises and repairs can be completed within twelve (12) months for substantially the same amount of square footage, the Lessor agrees to forthwith repair same (exclusive of Lessee's leasehold improvements, fixtures, etc.) provided further that Lessee shall be entitled to a proportionate abatement of the Rent from the date of damage and while such repairs are being made, such proportionate abatement to be based upon the extent to which the damage and making such repairs shall reasonably interfere with the business carried on by the Lessee in the Premises. If such damage is due to the fault or neglect of Lessee, or its employees, however, there shall be no abatement of Rent. In the event that the material damage to the Premises exceeds fifty (50%) percent of the property, Lessee and Lessor shall have the option to give written notice to the other at any time Landlord, delivered within sixty (60) days after such damage, terminating this lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such noticeCasualty, this Lease shall expire and all interest of the Lessee in the premises shall terminate on the date so specified in such notice and the Rent, abated by a proportionate reduction based upon the extent, if any, to which such damage interfered with the business carried on by the Lessee on the Premises should be paid up to the date of such termination. Notwithstanding any to the contrary contained in this paragraph, Lessor shall not have any obligation whatsoever to repair, construct or restore the Premises when the damage resulting from any casualty covered under this paragraph occurs during the last twenty-four (24) months of the term of this lease or any extension thereof. lessor shall not be required either to repair or replace any injury or damage by fire or other cause rebuild the Premises, as aforesaid, or to make any repairs terminate this Lease, effective as of the date Tenant's notice is delivered to Landlord. If Tenant elects to terminate the Lease pursuant to this Section 7.01, then Tenant shall direct its insurance company to deliver directly to Landlord all insurance proceeds to be paid for, or replacements in connection with, said Casualty; provided, in no event, shall the amount of any leasehold improvementssuch insurance proceeds payable to Landlord be less than the full replacement value of all such improvements which have been so damaged or destroyed, fixtures as reasonably determined by Landlord's insurance adjuster. If the insurance proceeds are less than the replacement value as aforesaid, Tenant shall pay such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within thirty (30) day period referenced above, Tenant shall be deemed to have elected to repair or other personal property of Lesseerebuild the Premises and the Lease shall remain in full force and effect.