Common use of DESTRUCTION OF PREMISES Clause in Contracts

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable by Lessee in the manner used prior to the destruction. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises by an insured casualty during the Lease Term said term from any cause which is covered by Lessor’s property insurancecause, Lessor Landlord shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after days, including receipt of building permit all necessary governmental approvals, under the laws and regulations of State, Federal, County, County or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee Tenant shall be entitled to a proportionate reduction of Rent rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the said Premises in the mmnable judgement of Landlord. If such repairs cannot be made in one hundred eighty (180) days, Tenant, or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are not useable by Lessee more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and the manner used prior rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the destructionLease. With In respect to any partial destruction which Lessor Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by LesseeTenant. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the building Building in which the subject Premises may be situated is be destroyed to an the extent greater of not less than thirty33-three and one-third percent (33 1/3%) % of the replacement cost thereof, Lessor may, at its sole option, Landlord may elect to terminate this Lease, whether the subject Premises is insured be inured or not. A total destruction of the building Building in which the subject said Premises are may be situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, Lease at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay Landlord or Tenant. In all repair costs to the subject Premises. If the destruction (events Landlord shall not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient be required to restore Lessee to the Premisesadditions, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafteralterations or improvements made by Tenant or replace Tenant's fixtures or personal property.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the a building in said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the a building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this LeaseLease as to that building, whether the subject Premises is insured or not. A total destruction of the building in which more than 50% of the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Notwithstanding the above, Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (Premises which are not caused otherwise reimbursable by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafterinsurance.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insuranceinsurance (or which would have been covered if Lessor had maintained the property insurance required under this Lease), Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable by Lessee in the manner used prior to the destructionmade. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If Notwithstanding this Section 19 or Section 21, (i) if the destruction (not caused Premises are condemned or damaged by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premisesany peril, then Lessee may, upon notice within ten (10) days of Lessee’s notice that shall have the repairs will take more than 180 days (60 days if during the last 12 months of the Term), option to terminate this Lease effective if the Premises cannot be, or are not in fact, fully restored by Lessor to their prior condition within thirty two hundred and seventy (30270) days thereafterafter the condemnation or damage, and (ii) Landlord shall not have the right to terminate this Lease and shall repair and restore the Premises if the damage to the Premises is (a) due to a risk required to be insured against by Lessor under this Lease or (b) relatively minor (e.g., repair or restoration would cost less than five percent (5%) of the replacement cost of the Premises).

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided Lessor notifies Lessee within 10 days after such destruction that the repairs can be made materially restored within one hundred eighty ninety (18090) days after receipt the occurrence of building permit under the laws and regulations of State, Federal, County, or Municipal authoritiessuch destruction, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent of payments received by Lessor under its Loss of Rents Insurance coverage. Notwithstanding the Premises are above, if Lessor notifies Lessee that Lessor cannot useable by materially complete the restoration within 90 days after the occurrence of such destruction or if Lessor does not materially complete restoration within 120 days after the occurrence of such destruction, Lessee in the manner used prior to the destructionmay cancel Lease on any building damaged. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor or Lessee may, at its respective sole option, elect to terminate this Lease, whether the Lease on the subject Premises is if insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, If Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient decides to restore and notifies Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice after damage that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective restoration can be completed within thirty (30) days thereafter.90

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the said term of this Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured are injured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeproceeds. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement replaced cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, or Lessee may elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises by an insured causality during the Lease Term term from any cause which is covered by Lessor’s property insurancecause, Lessor Landlord shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after from the date of receipt of building permit all necessary governmental approvals necessary under the laws and regulations of State, Federal, County, County or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee Tenant shall be entitled to a proportionate reduction of Rent rent while such repairs are being made made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises, in the reasonable judgement of Landlord. For purposes of this paragraph "partial destruction" shall mean destruction of no greater than one-third (1/3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises are not useable by Lessee more than partially destroyed, or in the manner used prior event the repairs cannot be made in one hundred eighty (180) days, Landlord or Tenant may elect to the destructionterminate this Lease. With Landlord shall not be required to restore additions, alterations or improvements made by Tenant or replace Tenant's fixtures or personal property. In respect to any partial destruction which Lessor Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are am waived by LesseeTenant. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured a total or not. A total partial destruction of the building in which Premises by an uninsured casualty, the subject Premises are situated Lease shall terminate this Lease. Notwithstanding automatically terminate, unless (i) Landlord elects to rebuild, and (ii) the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than damage can be repaired within one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafterdays.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s Lessors property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this This paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor either party may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the term of this Lease Term from any cause which is covered by Lessor’s property insuranceinsurance carried, or required to be carried, by Lessor under this Lease, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, County or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent rent while such repairs are being made made, such proportionate reduction to be based upon the extent to which the Premises are not useable making of such repairs shall interfere with the business carried on by Lessee in the manner used prior Premises. If the cause of such repairs is not so covered by insurance or if such repairs cannot be made in one hundred eighty (180) days, Lessor may, at its option, exercised by written notice to Lessee given within thirty (30) days after the destructionpartial destruction of the Premises occurs (“Repair Election Notice”), either (a) make such repairs within a reasonable time, this Lease continuing in full force and effect and the rent to be proportionately reduced as aforesaid in this paragraph provided, or (b) terminate this Lease. With In the event that Lessor elects to make such repairs even though the repairs will take more than one hundred eighty (180) days, this Lease may be terminated by Lessee by written notice to Lessor given within fifteen (15) days after delivery to Lessee of the Repair Election Notice . In respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is be destroyed to an the extent greater of not less than thirty-three and one-third percent (33 1/3%) of % the replacement cost thereof, Lessor may, at its sole option, may elect to terminate this Lease, whether the subject Premises is insured be injured or not. A total destruction of the building in which the subject Premises are may be situated shall terminate this Lease. Notwithstanding In the above, event of any dispute between Lessor is only obligated to repair or rebuild and Lessee relative to the extent provisions of available insurance proceeds including any deductible amount paid by this paragraph, they shall each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be final and binding upon both Lessor and Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction , who shall bear the cost of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereaftersuch arbitration equally between them.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while until such repairs are being made to the extent the Premises are not useable by Lessee in the manner used prior to the destructionsubstantially complete. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building Building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises Building is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including plus any applicable deductible amount amounts paid by Lesseetenants . Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. ; provided, however Lessee shall have the option of continuing this Lease notwithstanding such termination by Lessor by agreeing to pay all repair costs to the subject Premises. If Notwithstanding anything to the destruction (not caused by Lessee) will or does take contrary contained herein, if Tenant’s use of the Premises is substantially impaired for a period of more than one hundred and eighty (180) days (after the date of destruction, or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that Tenant shall have the repairs will take more than 180 days (60 days if during the last 12 months of the Term), right to terminate this Lease effective by written notice to Landlord within thirty (30) 10 days thereafterafter the date of the Destruction.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior Lessor under its Loss of Rents Insurance coverage (coverage shall start within sixty (60) days and last up to the destructiontwelve (12) months after start). With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third fifty percent (33 1/350%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of PremisesPremises (for any reason other than Lessor's failure to carry the insurance required by Section 6), Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (Premises or the building are so damaged or made unusable by fire or casualty that same cannot caused by Lessee) will be restored and made suitable and safe within 180 days from such damage or does take more than one hundred and eighty (180) days (or sixty (60) days if during destruction, Lessee may terminate the last twelve (12) months Lease effective as of the Term) date of such fire or casualty by written notice given to repair sufficient to restore Lessee to Lessor, whereupon the Premises, Lease will terminate and all rent and other charges then Lessee may, upon notice within ten (10) days of Lessee’s notice that due under the repairs lease will take more than 180 days (60 days if during the last 12 months be apportioned as of the Term), terminate this Lease effective within thirty (30) days thereafter.date of such fire casualty. 19 17

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent of payments received by Lessor under its Loss of Rents Insurance coverage. Notwithstanding the Premises are not useable by above, if Lessor in good faith notifies Lessee in writing that repairs cannot be completed in 180 days after receipt of required permits, Lessee may cancel the manner used prior to the destructionLease by written notice within 14 business days after Lessor’s notice which shall include any estimated cost not covered by insurance. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision provisions of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (Premises not caused covered by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) insurance Lessor is required to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereaftercover under Lease.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable by Lessee in the manner used prior to the destructionmade. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third fifty percent (33 1/350%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If Premises and if the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during is within the last twelve (12) months of the Lease Term) , the Lessee shall have the right to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice terminate this Lease within ten twenty (1020) days of Lessee’s date of destruction by written notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafterto Lessor.

DESTRUCTION OF PREMISES. In (a) If the event of a partial destruction of Building or the said Premises Premises, or any pan thereof, is damaged by fire or other casualty before the Commencement Date or during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt term of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee and this Lease is not terminated pursuant to Paragraph 12(b) hereof, Landlord shall repair such damage and restore the Building and the Premises to substantially the same condition in which the Building and the Premises existed before the occurrence of such fire or other casualty and this Lease shall, subject to this Paragraph 12(a), remain in full force and effect. If such fire or other casualty damages the Premises or common areas of the Building necessary for Tenant's use and occupancy of the Premises and if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, officers, employees, contractors, licensees or invitees, then during the period the Premises are rendered unusable by such damage, Tenant shall be entitled to a proportionate reduction in Base Rent in the proportion that the area of Rent while the Premises rendered unusable by such repairs are being made damage bears to the extent total area of the Premises are Premises. Landlord shall not useable by Lessee in the manner used prior to the destruction. With respect to any partial destruction which Lessor is be obligated to repair any damage to, or may elect to make any replacement of, any movable furniture, equipment, trade fixtures or personal property in the Premises. Tenant shall, at Tenant's sole cost and expense, repair under and replace all such movable furniture, equipment, trade fixtures and personal property. Tenant hereby waives California Civil Code sections 1932(2) and 1933(4). (b) If the terms Building or the Premises, or any part thereof, is damaged by fire or other. casualty before the Commencement Date or during the term of this paragraph, the provision of Section 1932, Subdivision 2, Lease and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%a) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured such fire or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if other casualty occurs during the last twelve (12) months of the Termterm of this Lease and the repair and restoration work to be performed by Landlord in accordance with Paragraph 12(a) hereof cannot, as reasonably estimated by Landlord, be completed within two (2) months after the occurrence of such fire or other casualty, or (b) the insurance proceeds received by Landlord in respect of such damage are not adequate to pay the entire cost, as reasonably estimated by Landlord, of the repair sufficient and restoration work to restore Lessee be performed by Landlord in accordance with Paragraph 12(a) hereof, or (c) the repair and restoration work to be performed by Landlord in accordance with Paragraph 12(a) hereof cannot, as reasonably estimated by Landlord, be completed within six (6) months after the Premisesoccurrence of such fire or other casualty, then Lessee maythen, upon in any such event, Landlord shall have the right, by giving written notice to Tenant within ten sixty (1060) days after the occurrence of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term)such fire or other casualty, to terminate this Lease of the date of such notice. If Landlord does not exercise the right to terminate this Lease in accordance with this Paragraph l2), Landlord shall repair such damage and restore the Building and the Premises in accordance with Paragraph 12(a) hereof and this Lease shall, subject to Paragraph 12(a) hereof, remain in full force and effect. A total destruction of the Building shall automatically termintate this Lease effective within thirty (30) days thereafteras of the date of such total destruction.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under Lessor's insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor or lessee may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured are injured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises Building 4 during the Lease Term from any cause which is required to be covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under same to the laws and regulations of State, Federal, County, or Municipal authoritiescondition existing immediately prior to the destruction, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior Lessor under its Loss of Rents Insurance coverage (coverage shall last up to the destructiontwelve (12) months after start). With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available the total of (i) insurance proceeds including which are payable pursuant to the insurance Lessor is required to carry under the terms of this Lease, plus (ii) any deductible amount paid by Lesseewhich Lessee is required to pay under the terms of this Lease, plus (iii) any other funds Lessee may elect in its discretion to contribute. Should Lessor determine that insufficient or no insurance proceeds (together with the deductible and any other contributed funds) are available for repair or reconstruction of PremisesBuilding 4 (for any reason other than Lessor's failure to carry the insurance required by Section 6), Lessor, at its sole option, may terminate the Lease. Notwithstanding such Lessor termination Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject PremisesBuilding 4 which are not required to be covered by Lessor's insurance. If Building 4 is so damaged or made unusable by fire or casualty that same cannot be restored and made suitable and safe within 180 days from such damage or destruction, or if the destruction (restoration of Building 4 is not caused by Lessee) will or does take more than substantially completed within said one hundred and eighty day (180) days (or sixty (60) days if during period, Lessee may terminate the last twelve (12) months Lease effective as of the Term) date of such fire or casualty by written notice given to repair sufficient to restore Lessee to Lessor, whereupon the Premises, Lease will terminate and all rent and other charges then Lessee may, upon notice within ten (10) days of Lessee’s notice that due under the repairs lease will take more than 180 days (60 days if during the last 12 months be apportioned as of the Termdate of such fire casualty, subject to a one day delay for each day of delay due to (i) governmental action after receipt of the building permits for the Lessee Interior Improvements (other than governmental refusal to approve work which fails to comply with the approved Lessee Improvement Plans or applicable Law or the building permit), terminate this Lease effective within thirty (30ii) days thereafteracts of God, (iii) due to circumstances beyond Lessor's reasonable control and (iv) Lessee Delay.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated Building is destroyed to an all extent greater than thirty-three and one-one- third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated Building shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent of payments received by Lessor under its Loss of Rents Insurance coverage. Notwithstanding the Premises are not useable by above, if Lessor in good faith notifies Lessee in writing that repairs cannot be completed in 180 days after receipt of required permits, Lessee may cancel the manner used prior to the destructionLease by written notice within 14 business days after Lessor's notice which shall include any estimated cost not covered by insurance. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision provisions of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject PremisesPremises not covered by insurance Lessor is required to cover under Lease. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.Page 10 [mission west properties/ standard lease v.4.0] Mosys draft lease 6/15/0

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. . With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (1801) days year after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent commencing with the date of such casualty while such repairs are being made to the extent that portion of the Premises are not useable by Lessee in the manner used prior to the destructionrendered unusable for Lessee’s purposes hereunder. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third forty percent (33 1/340%) of the replacement cost thereof, Lessor or Lessee may, at its sole optiontheir respective options, elect to terminate this LeaseLease by written notice to the other party delivered within forty five (45) days of such casualty, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafterPremises less any available insurance proceeds.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, and the repairs will take more than ninety (90) days after permits to repair, Lessee or Lessor may terminate Lease. Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided Lessor notifies Lessee within 10 days after such destruction that the repairs can be made materially restored within one two hundred eighty ten (180210) days after receipt the occurrence of building permit under the laws and regulations of State, Federal, County, or Municipal authoritiessuch destruction, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent of payments received by Lessor under its Loss of Rents Insurance coverage. Notwithstanding the Premises are above, if Lessor notifies Lessee that Lessor cannot useable by materially complete the restoration within 210 days after the occurrence of such destruction or if Lessor does not materially complete restoration within 240 days after the occurrence of such destruction, Lessee in the manner used prior to the destructionmay cancel Lease on any building damaged. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the any building in which the subject is a part of Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Leasethe Lease on any building, whether the subject Premises is insured or not. If Lessor decides to restore and notifies Lessee within ten days after damage that restoration can be completed within 210 days, and any building is not materially restored within 240 days after the occurrence of such destruction, the Lessee may cancel Lease on any building not restored. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.subject

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s property insurance, Lessor shall forthwith repair the same, provided Lessor notifies Lessee within 10 days after such destruction that the repairs can be made materially restored within one two hundred eighty ten (180210) days after receipt the occurrence of building permit under the laws and regulations of State, Federal, County, or Municipal authoritiessuch destruction, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent of payments received by Lessor under its Loss of Rents Insurance coverage. Notwithstanding the Premises are above, if Lessor notifies Lessee that Lessor cannot useable by materially complete the restoration within 210 days after the occurrence of such destruction or if Lessor does not materially complete restoration within 240 days after the occurrence of such destruction, Lessee in the manner used prior to the destructionmay cancel this Lease. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that any part of the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this the Lease, whether the subject Premises is insured or not. If Lessor decides to restore and notifies Lessee within ten days after damage that restoration can be completed within 210 days, and the Premises is not materially restored within 240 days after the occurrence of such destruction, Lessee may cancel the Lease. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If Notwithstanding the destruction (not caused by Lesseeabove, if insufficient or no insurance proceeds are available due to Lessor’s failure to provide the insurance required under Sections 6 A) will or does take more than one hundred and eighty (1806 B) days (or sixty (60) days if during of this Lease, then Lessor shall be obligated to rebuild to the last twelve (12) months extent of the Terminsurance proceeds that would have been available had Lessor provided the insurance required under Section 6 A) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10and 6 B) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafterLease.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived awived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (not caused by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafter.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt the issuance of a building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated Building is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this Lease, whether the subject Premises is insured or not. A total destruction of the building in which the subject Premises are situated Building shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of any available insurance proceeds including any deductible amount paid by Lesseeamount. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs which are not covered by insurance available to Lessor. If Lessor reasonably estimates that the repair of any damage or destruction to the subject Premises. If the destruction (not caused by Lessee) Premises will or does take more than one hundred and eighty (180) require in excess of 120 days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient from the date of damage, Lessee shall be entitled to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective upon written notice to Lessor delivered within thirty (30) 15 days thereafterof receipt of such notice that repairs will exceed 120 days.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the a building in said Premises during the Lease Term from any cause which is covered by Lessor’s 's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the a building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor may, at its sole option, elect to terminate this LeaseLease as to that building, whether the subject Premises is insured or not. A total destruction of the building in which more than 50% of the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Notwithstanding the above, Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject Premises. If the destruction (Premises which are not caused otherwise reimbursable by Lessee) will or does take more than one hundred and eighty (180) days (or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee to the Premises, then Lessee may, upon notice within ten (10) days of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereafterinsurance.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises during the said term of this Lease Term from any cause which is covered by Lessor’s Section 6's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days after receipt of building permit under the laws and regulations of State, Federal, County, or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled to a proportionate reduction of Rent while such repairs are being made to the extent the Premises are not useable of payments received by Lessee in the manner used prior to the destructionLessor under its Loss of Rents Insurance coverage. With respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Lessee. In the event that the building in which the subject Premises may be situated is destroyed to an extent greater than thirty-three and one-third percent (33 1/3%) of the replacement cost thereof, Lessor maymay within ten (10) days of such occurrence, at its sole option, elect to terminate this Lease, whether the subject Premises is insured are injured or not. A total destruction of the building in which the subject Premises are situated shall terminate this Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of the total of available insurance proceeds ("Available Insurance Proceeds") including (i) any "deductible" amount and (ii) any insurance proceeds which would ordinarily have been available had Lessor fulfilled its obligation to carry the hazard insurance specified in Section 6 unless Lessor had previously notified Lessee in writing that such required hazard insurance was not commercially available, in which case insurance proceeds which would have been available if Lessor had carrier such commercially unavailable insurance shall not be included as Available Insurance Proceeds hereunder. If the deductible exceeds $5,000, Lessee's deductible obligation, but is less than $100,000, then Lessor shall fund the amount in excess of $5,000. The deductible amount paid funded by LesseeLessor, if any, shall be amortized over 20 years at Xxxxx Fargo prime rate plus one percent (1%), and Lessee shall pay to Lessor the amortized cost on a monthly basis over the remaining Lease term and any extensions thereof. Should Lessor reasonably determine that insufficient or no insurance proceeds Available Insurance Proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lease provided that Lessee shall have the option of continuing this Lease by agreeing to pay all repair costs to the subject PremisesPremises in excess of the Available Insurance Proceeds. If the destruction (not caused by Lessee) Lessor reasonably determines that such repairs will or does take require more than one hundred 180 days to complete, Lessor shall so notify Lessee within 10 days following the occurrence of such damage or destruction, and eighty (180) days (either Lessor or sixty (60) days if during the last twelve (12) months of the Term) to repair sufficient to restore Lessee may terminate this Lease by giving written notice to the Premises, then Lessee may, upon notice other party within ten (10) days after Lessee's receipt of Lessee’s notice that the repairs will take more than 180 days (60 days if during the last 12 months of the Term), terminate this Lease effective within thirty (30) days thereaftersuch notice.