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 ninety (90) 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. 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. 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.

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 ninety one hundred eighty (90180) 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 the Premises are not useable by Lessor under its Loss of Rents Insurance coverageLessee 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 amountamount 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 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 ninety one hundred eighty (90180) 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 coveragemade. 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 amountamount 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. Notwithstanding this Section 19 or Section 21, (i) if the Premises are condemned or damaged by any peril, then Lessee shall have the option to terminate this Lease if the Premises cannot be, or are not in fact, fully restored by Lessor to their prior condition within two hundred and seventy (270) days after 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 ’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 ninety (90) 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 above, if Lessor notifies Lessee that Lessor cannot 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 may 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 decides to repair or rebuild to the extent of available insurance proceeds including any deductible amount. Should Lessor determine restore and notifies Lessee within ten days after damage 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.restoration can be completed within 90

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 ninety one hundred eighty (90180) 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 payments received one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Lessor under its Loss of Rents Insurance coverageLandlord, or less. With In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and the 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 Lease. 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. 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 Landlord or Tenant. In all events Landlord shall not be required to restore additions, alterations or improvements made by agreeing to pay all repair costs to the subject PremisesTenant 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 ’s property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within ninety one hundred eighty (90180) 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. 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 amountamount 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 PremisesPremises which are not otherwise reimbursable by insurance.

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 ninety one hundred eighty (90180) 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. 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 amountamount 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.

DESTRUCTION OF PREMISES. 25. 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 ninety one hundred eighty (90180) 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 making of payments received such repairs shall interfere with the business carried on by Lessee in the 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 under may, at its Loss option, exercised by written notice to Lessee given within thirty (30) days after the partial destruction of Rents Insurance coveragethe 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. Should 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 determine that insufficient or no insurance proceeds are available for repair or reconstruction and Lessee, 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 Premisessuch 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 ninety (90) 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. 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. 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.

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 ninety one hundred eighty (90180) 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 payments received such repairs shall interfere with the business carried on by Lessor under its Loss Tenant in the Premises, in the reasonable judgement of Rents Insurance coverageLandlord. With 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 more than partially destroyed, or in the event the repairs cannot be made in one hundred eighty (180) days, Landlord or Tenant may elect to terminate this Lease. 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. 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 Premisesdamage can be repaired within one hundred eighty (180) days.

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 ninety (90) 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 of payments received by Lessor 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. 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 PremisesPremises will require in excess of 120 days to repair from the date of damage, Lessee shall be entitled to terminate this Lease effective upon written notice to Lessor delivered within 15 days of receipt of such notice that repairs will exceed 120 days.

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 ninety (90) 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. 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. 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.

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 ninety (90) 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. 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. 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.

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 property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within ninety (90) 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 of payments received by Lessor under its Loss of Rents Insurance coveragecoverage (coverage shall last up to twelve (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 amountamount which 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 Building 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 restoration of Building 4 is not substantially completed within said one hundred eighty day (180) period, Lessee may terminate the Lease effective as of the date of such fire or casualty by written notice given to Lessor, whereupon the Lease will terminate and all rent and other charges then due under the lease will be apportioned as of the date of such fire casualty, subject Premisesto 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), (ii) acts 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 property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within ninety (90) 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. 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. 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.

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 ninety one hundred eighty (90180) 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 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 Lease 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 amountamount 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.

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 ninety one hundred eighty (90180) 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 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 Lease 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 amountamount 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.Premises not covered by insurance Lessor is required to cover under Lease. 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 ’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 ninety two hundred ten (90210) 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 above, if Lessor notifies Lessee that Lessor cannot 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 may 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 amountamount 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.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 Lessors property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within ninety (90) 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. 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. 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.

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 ninety one hundred eighty (90180) 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. . 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 amountamount 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.

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 ninety one hundred eighty (90180) 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 coveragecoverage (coverage shall start within sixty (60) days and last up to twelve (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. 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 Premises or the building are 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, Lessee may terminate the Lease effective as of the date of such fire or casualty by written notice given to Lessor, whereupon the Lease will terminate and all rent and other charges then due under the lease will be apportioned as of the date of such fire casualty.

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 Lessor notifies Lessee within 10 days after such destruction that the repairs can be made materially restored within ninety two hundred ten (90210) 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 above, if Lessor notifies Lessee that Lessor cannot 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 may 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 amountamount 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. Notwithstanding the above, if insufficient or no insurance proceeds are available due to Lessor’s failure to provide the insurance required under Sections 6 A) and 6 B) of this Lease, then Lessor shall be obligated to rebuild to the extent of the insurance proceeds that would have been available had Lessor provided the insurance required under Section 6 A) and 6 B) of this 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 property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within ninety (90) 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. 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. 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.

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 ninety (90) 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 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. 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.

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 ninety one hundred eighty (90180) 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 coveragemade. 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 amountamount 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 and if the destruction is within the last twelve (12) months of the Lease Term, the Lessee shall have the right to terminate this Lease within twenty (20) days of date of destruction by written notice to Lessor.

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 ninety (90) 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. 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. 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.

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 LessorSection 6's property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within ninety (90) 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. 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 amountexceeds $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 funded by Lessor, 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 Lessor reasonably determines that such repairs will require more than 180 days to complete, Lessor shall so notify Lessee within 10 days following the occurrence of such damage or destruction, and either Lessor or Lessee may terminate this Lease by giving written notice to the other party within ten (10) days after Lessee's receipt of such notice.

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 ninety one (901) 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 payments received by Lessor under its Loss of Rents Insurance coveragethe Premises are rendered 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 amountamount 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 less any available insurance proceeds.

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 ninety one hundred eighty (90180) 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. 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 amountamount 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 PremisesPremises which are not otherwise reimbursable by insurance.

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 property insurance, Lessor shall forthwith repair the same, provided such repairs can be made within ninety (90) 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. 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 amountproceeds. 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.