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

DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises should be damaged or destroyed by any insured peril whatsoever, all insurance proceeds shall be delivered to Tenant and Tenant shall proceed with reasonable diligence to rebuild and repair the Premises to substantially the condition in which 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 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 fixtures shall be paid to Landlord. The rent payable under this Lease shall be abated beginning on the date of damage or destruction within the scope of this Paragraph 10 and shall resume upon recompletion to substantially the condition in which the Premises existed prior to such damage or destruction; provided, however, that the rental abatement shall be proportional to the extent to which the Premises are not useable (with greater weight given to Tenant's inability to use the improved portions of the Premises and 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 pay Rent on the basis of the average of its estimate of the abated Rent and Landlord's estimate of the abated Rent, with any additional amount due to be paid within thirty (30) days after the arbitrator's determination and any excess to be either, at Tenant's option, credited against the next due installment(s) of Rent or paid by Landlord to Tenant within thirty (30) days of the arbitrator's decision.

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 to the condition existing immediately prior to the commencement of the Term with Tenant replacing or repairing all Tenant improvements or personalty, and this Lease shall continue in full force and effect. Landlord shall use reasonable good faith efforts to expedite such restoration and rebuilding. Rent shall not abatx xxxing any such reconstruction or rebuilding, and Tenant shall maintain business interruption insurance for such risks. In the event the Premises should be damaged or destroyed by any insured peril whatsoever, all insurance proceeds shall be delivered to Tenant and Tenant shall proceed with reasonable diligence to rebuild and repair the Premises to substantially the condition in which it existed prior to such damage or destruction. If, however, the damage or destruction (a) shall be to greater than extent of seventy-five percent (75%) or more of the value total square footage of all Buildings and other improvements on the Premises (hereinafter a "Casualty") and such Casualty shall occur after the first eight (8) Lease Years of the improvements upon Term of the Premises; Lease, or (b) shall occur within during the last two (2) years Lease Years of the Termany renewal, then and in such event, Tenant may terminate this Lease as of the date that such damage or destruction occurs elect 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 TenantLandlord, insurance proceeds with respect to the building, structure and fixtures shall be paid to Landlord. The rent payable under this Lease shall be abated beginning on the date of damage or destruction within the scope of this Paragraph 10 and shall resume upon recompletion to substantially the condition in which the Premises existed prior to such damage or destruction; provided, however, that the rental abatement shall be proportional to the extent to which the Premises are not useable (with greater weight given to Tenant's inability to use the improved portions of the Premises and 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 pay Rent on the basis of the average of its estimate of the abated Rent and Landlord's estimate of the abated Rent, with any additional amount due to be paid delivered within thirty (30) days after such Casualty, either to repair or rebuild the arbitratorPremises, as aforesaid, or to terminate this Lease, effective as of the date Tenant's determination and any excess 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 eitherpaid for, at Tenantor in connection with, said Casualty; provided, in no event, shall the amount of such insurance proceeds payable to Landlord be less than the full replacement value of all such improvements which have been so damaged or destroyed, as reasonably determined by Landlord's optioninsurance adjuster. If the insurance proceeds are less than the replacement value as aforesaid, credited against the next due installment(s) Tenant shall pay such deficiency to Landlord upon demand. If Tenant fails to deliver notice of Rent or paid by its election to Landlord to Tenant within thirty (30) days of day period referenced above, Tenant shall be deemed to have elected to repair or rebuild the arbitrator's decisionPremises and the Lease shall remain in full force and effect.

DESTRUCTION OF OR DAMAGE TO THE PREMISES. If the Premises should be damaged or are totally destroyed by any insured peril whatsoeverstorm, all insurance proceeds shall be delivered to Tenant and Tenant shall proceed with reasonable diligence to rebuild and repair fire, lightning, earthquake or other casualty, so that the Premises to substantially the condition are rendered untenantable in which it existed prior to such damage or destruction. Ifwhole, 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 destruction, and rental shall be accounted for as between Lessor and Lessee as of that date. In the date event the Premises are so totally destroyed, Lessor shall have the option of such damage or destruction. If this Lease is terminated by Tenant, retaining the insurance proceeds with respect 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 the buildingforthwith repair same (exclusive of Lessee's leasehold improvements, structure and fixtures fixtures, etc.) provided further that Lessee shall be paid entitled to Landlord. The rent payable under this Lease shall be abated beginning on a proportionate abatement of the Rent from the date of damage or destruction within the scope of this Paragraph 10 and shall resume while such repairs are being made, such proportionate abatement to be based upon recompletion to substantially the condition in which the Premises existed prior to such damage or destruction; provided, however, that the rental abatement shall be proportional to 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 are not useable exceeds fifty (with greater weight given to Tenant's inability to use the improved portions 50%) percent of the Premises property, Lessee and its impact on revenues Lessor shall have the option to Tenantgive notice to the other at any time within sixty (60) by Tenant and if the parties are unable to agree upon the appropriate rental abatement either party may demand Arbitration and Tenant shall pay Rent on the basis days after such damage, terminating this lease as of the average of its estimate of the abated Rent and Landlord's estimate of the abated Rentdate specified in such notice, with any additional amount due to which date shall be paid within no more than thirty (30) days after the arbitrator's determination giving of such notice. In the event of giving such notice, this Lease shall expire and any excess to be either, at Tenant's option, credited against the next due installment(s) of Rent or paid by Landlord to Tenant within thirty (30) days all interest of the arbitrator's decisionLessee 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 should be damaged or are totally destroyed by any insured peril whatsoeverstorm, all insurance proceeds shall be delivered to Tenant and Tenant shall proceed with reasonable diligence to rebuild and repair fire, lightning, earthquake or other casualty, so that the Premises to substantially the condition are rendered untenantable in which it existed prior to such damage or destruction. Ifwhole, 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 destruction, and rental shall be accounted for as between Lessor and Lessee as of that date. In the date event the Premises are so totally destroyed, Lessor shall have the option of such damage or destruction. If this Lease is terminated by Tenant, retaining the insurance proceeds with respect 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 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 the buildingforthwith repair same (exclusive of Lessee's leasehold improvements, structure and fixtures fixtures, etc.) provided further that Lessee shall be paid entitled to Landlord. The rent payable under this Lease shall be abated beginning on a proportionate abatement of the Rent from the date of damage or destruction within the scope of this Paragraph 10 and shall resume while such repairs am being made, such proportionate abatement to be based upon recompletion to substantially the condition in which the Premises existed prior to such damage or destruction; provided, however, that the rental abatement shall be proportional to 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 are not useable exceeds fifty (with greater weight given to Tenant's inability to use the improved portions 50%) percent of the Premises property, Lessee and its impact on revenues Lessor shall have the option to Tenantgive notice to the other at any time within sixty (60) by Tenant and if the parties are unable to agree upon the appropriate rental abatement either party may demand Arbitration and Tenant shall pay Rent on the basis days after such damage, terminating this lease as of the average of its estimate of the abated Rent and Landlord's estimate of the abated Rentdate specified in such notice, with any additional amount due to which date shall be paid within no more than thirty (30) days after the arbitrator's determination giving of such notice. In the event of giving such notice, this Lease shall expire and any excess to be either, at Tenant's option, credited against the next due installment(s) of Rent or paid by Landlord to Tenant within thirty (30) days all interest of the arbitrator's decisionLessee 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, 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 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.