Common use of DESTRUCTION OF THE LEASED PREMISES Clause in Contracts

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident or other casualty required to be insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by the Landlord and not caused by the Tenant, and if as a result of such occurrence: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), commence diligently to restore the Leased Premises to the extent only of the Landlord's Work as set out in Schedule "C" and then only to the extent of the insurance proceeds actually received by the Landlord, and only Basic Rent (but not Additional Rent) will xxxxx entirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of its obligations hereunder; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), commence diligently to restore the Leased Premises to the extent set forth in this Section 9.1. (b) Notwithstanding Section 9.1(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonably, the Leased Premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty (60) days of the damage or destruction, the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(a) may, at its option, elect to terminate this Lease by giving to the Tenant, within thirty (30) days after such damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destruction, provided that the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building at such time.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident fire or any other casualty required to be peril which is insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by the Landlord and not caused by the TenantLandlord, and if as a result of such occurrencethen if: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent only of insurance proceeds actually received by the Landlord and only to the extent of the Landlord's Work as set out in Schedule "C" and then only to ". To the extent of the insurance proceeds actually received by the Landlord, and only Basic Rent (but not Additional Rent) will xxxxx entirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of has completed its obligations hereunderrestoration work; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent set forth in required by this Section 9.110.1(a). (b) Once the Landlord has substantially completed its restoration work the Tenant will complete all work required to fully restore the Leased Premises for business. Nothing in this Section 10.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before the damage, but the Leased Premises, as rebuilt, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage. (c) Notwithstanding Section 9.1(a10.1(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonablyArchitect reasonably arrived at, the Leased Premises cannot be rebuilt or made fit for to the purposes extent of the Tenant Landlord's Work as set out in Schedule "C" attached, within sixty ninety (6090) days of the damage or destructiondestruction (assuming normal working days without overtime), the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(a10.1(a) may, at its option, elect to terminate this Lease by giving to the Tenant, within thirty (30) days after such the damage or destruction, written notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destruction, provided that the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building at such time.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident fire or any other casualty required to be peril which is insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by the Landlord and not caused by the TenantLandlord, and if as a result of such occurrencethen if: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent only of insurance proceeds actually received by the Landlord's Work as set out in Schedule "C" Landlord and then only to the extent of the Landlord’s obligations under this Lease (the “Landlord’s Work”). The Landlord’s obligation to rebuild and restore the Leased Premises shall not include the obligation to rebuild, restore, replace or repair, without limitation, any chattel, furniture, inventory, fixtures (including Trade Fixtures), Leasehold Improvement, installations, addition or partition in respect of which the Tenant is required to maintain insurance under this Lease, or any other thing that is the property of the Tenant located on, in, under, above or which serve the Leased Premises. To the extent of insurance proceeds actually received by the Landlord, and only Basic Rent (but not Additional Rent) will xxxxx axxxx entirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by Landlord has completed the Landlord to the extent of its obligations hereunderLandlord’s Work; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx axxxx and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent set forth in required by this Section 9.18.01(a). (b) Notwithstanding the foregoing and without limiting the Landlord’s rights hereunder, Basic Rent shall not be abated hereunder if, in the Landlord’s opinion acting reasonably, any subject damage or destruction is caused by any fault, neglect, default, negligence, act or omission of the Tenant or those for whom the Tenant is in law responsible or any other Person entering upon the Leased Premises under express or implied invitation of the Tenant. (c) Nothing in this Section 9.1(a8.01 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before the damage, but the Leased Premises, as rebuilt, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage. (d) Once the Landlord has substantially completed the Landlord’s Work in accordance with Section 8.01 (a), the Tenant will complete all work required to fully restore the Leased Premises for business (the “Tenant’s Work”). (e) Notwithstanding Section 8.01(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonably, the Leased Premises cannot be rebuilt or made fit for to the purposes extent of the Tenant Landlord’s Work within sixty ninety (6090) days of the damage or destructiondestruction (assuming normal working days without overtime), the Landlord, at its sole option, may elect to, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(a) may8.01 (a), at its option, elect to terminate this Lease by giving written notice to the Tenant, Tenant given within thirty (30) days after such the damage or destruction, notice and in such event Rent shall be adjusted as of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destruction, provided that the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building at such time.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are at any time destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident or other casualty required to be insured against by the Landlord pursuant to Section 7.5 7.05 hereof or otherwise insured against by the Landlord and not caused by the TenantLandlord, and if as a result of such occurrence: (i) the Leased Premises are rendered wholly or partially untenantableuntenantable only in part, this Lease will shall continue in full force and effect and the Landlord willshall, subject to Sections 9.1(b9.01(b) and 9.2(a)9.02(a) hereof, commence diligently to restore reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations under Section 8.03, and if the Landlord's Work as set out in Schedule "C" and then only to damage is such that the extent portion of the insurance proceeds actually received Leased Premises rendered untenantable is not reasonably capable of use and occupancy by the LandlordTenant for the purposes of its business for any period of time in excess of ten (10) days, and only Basic Rent (but not Additional Rent) will xxxxx entirely or proportionately, as the case may be, shall abatx proportionately to the portion of the Leased Premises rendered untenantable from and after such ten (10) day period and until the date of the destruction or damage until Landlord's repairs have been completed; (ii) the Leased Premises have been restored are rendered wholly untenantable for a period in excess of ten (10) days, this Lease shall continue in full force and rendered tenantable by effect and the Landlord shall, subject to Sections 9.01(b) and 9.02(a) hereof, commence diligently to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations hereunder; orunder Section 8.03 and Rent shall abatx xxxirely from and after such ten (10) day period and until the Landlord's repairs have been completed; (iiiii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will shall continue in full force and effect, the Rent and other amounts payable by the Tenant will shall not xxxxx and terminate, be reduced or abatx xxx the Landlord shall, subject to Sections 9.1(b9.01(b) and 9.2(a)9.02(a) hereof, commence diligently to restore reconstruct, rebuild or repair the Leased Premises to the extent set forth in this only of its obligations under Section 9.18.03. (b) Notwithstanding anything contained in Section 9.1(a9.01(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonablyLandlord reasonably arrived at, the Leased Premises cannot be reconstructed, rebuilt or repaired and made fit for the purposes of the Tenant within sixty one hundred and eighty (60180) days of the happening of the damage or destruction, or if the damage or destruction occurs in the last twenty-four (24) months of the Term (or any exercised renewal or extension thereof), the Landlord, instead of reconstructing, rebuilding or making repairing the Leased Premises fit for the Tenant in accordance with Section 9.1(a) may9.01(a), may at its optionoption (AND WITHOUT DISCRIMINATION IN RESPECT OF OTHER TENANTS IN THE COMPLEX WITH RESPECT TO DAMAGE OR DESTRUCTION TO THE COMPLEX) OR THE TENANT MAY, AT ITS OPTION, elect to terminate this Lease by giving to the Tenanttheooo OTHER, Notice of termination within thirty forty-five (3045) days after such damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will shall be apportioned and paid to the date of such damage or destruction. (c) Upon , and the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore shall immediately deliver up vacant possession of the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 requires to the Landlord to rebuild in accordance with the Leased Premises in the condition and state that existed before any such damage or destruction, provided that the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age terms of the Building at such timethis Lease.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are at any time destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident or other casualty required to be insured against by the Landlord pursuant to Section 7.5 7.05 hereof or otherwise insured against by the Landlord and not caused by the TenantLandlord, and if as a result of such occurrence: (i) the Leased Premises are rendered wholly untenantable in whole or partially untenantablein part, this Lease will shall continue in full force and effect and the Landlord willshall, subject to Sections 9.1(bSection 9.01(b) and 9.2(a)hereof, commence diligently to restore reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the Landlord's Work Work, as set out defined in Schedule "C" and then only to the extent Section 8 of the insurance proceeds actually received Agreement to Lease, and if the damage is such that the portion of the Leased Premises rendered untenantable is not reasonably capable of use and occupancy by the LandlordTenant for the purposes of its business for any period of time in excess of three (3) days, and only Basic Rent (but not Additional Rent) will shall xxxxx entirely or proportionately, as the case may be, proportionately to the portion of the Leased Premises rendered untenantable from and after the date of such damage or destruction until that date which is one hundred and twenty (120) days after the destruction or damage until the Leased Premises Landlord's repairs have been restored completed and rendered tenantable the Architect has certified the Building, or the damaged portion thereof, to be reasonably capable of use and occupancy by the Tenant for the purposes of its business. The Landlord shall in any event endeavour to replicate the Landlord's Work as at the Commencement Date, but shall not be obligated in the course of such reconstruction, rebuilding or repairs to adhere strictly to the extent original plans and specifications for the Landlord's Work, and provided that in no event shall the Rentable Area of its obligations hereunder; orthe Building be less than that existing as at the Commencement Date; (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will shall continue in full force and effect, the Rent and other amounts payable by the Tenant will shall not terminate, be reduced or xxxxx and the Landlord shall, subject to Sections 9.1(bSection 9.01(b) and 9.2(a)hereof, commence diligently to restore reconstruct, rebuild or repair the Leased Premises to the extent set forth only of its obligations in this respect of the Landlord's Work as defined in Section 9.1.8 of the Agreement to Lease. The Landlord shall in any event endeavour to replicate the Landlord's Work as at the Commencement Date, but shall not be obligated in the course of such reconstruction, rebuilding or repairs to adhere strictly to the original plans and specifications for the Landlord's Work, and provided that in no event shall the Rentable Area of the Building be less than that existing as at the Commencement Date; (b) Notwithstanding anything contained in Section 9.1(a9.01(a), if more than fifty percent (50%) of the Leased Premises are Rentable Area of the Building is damaged or destroyed by any cause whatsoever, whatsoever and if, such damage or destruction occurs in the opinion last two (2) years of the LandlordTerm or any renewal term, acting reasonably, then the Leased Premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty (60) days of the damage or destruction, the LandlordTenant, instead of reconstructing, rebuilding or making repairing the Leased Premises fit for the Tenant Leasehold Improvements in accordance with Section 9.1(aSections 7.01(e) mayand 9.01(c), may at its option, option elect to terminate this Lease by giving to the Tenant, Landlord Notice of termination within thirty forty-five (3045) days after such damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will shall be apportioned and paid to the date of such damage or destruction, and the Tenant shall immediately deliver up vacant possession of the Leased Premises to the Landlord in accordance with the terms of this Lease and in such event all proceeds of insurance receivable by the Tenant in respect of Leasehold Improvements shall be directed or as signed to the Landlord. (c) Upon Subject to the provisions of Subsection 9.01(b), upon the Tenant being notified in writing given Notice by the Landlord that the Landlord's Work as set out in Schedule "C" has reconstruction, rebuilding or repairs have been substantially completed, the Tenant will shall forthwith complete all repairs to the Leased Premises which are the Tenant's Work including, without limitation, such work as is set out in Schedule "C" responsibility under Section 7.01(e) and all other work required to fully restore the Leased Premises for businessbusiness in every case at the Tenant's cost and without any contribution to such cost by the Landlord, whether or not the Landlord has at any time made any contribution to the cost of supply, installation or construction of Leasehold Improvements in the Leased Premises. The Tenant will shall diligently complete the Tenant's Work and, repairs and if the Leased Premises have been closed for business, reopen for commence carrying on business within thirty one hundred and twenty (30120) days after notice that the Landlord's Work is reconstructing, rebuilding or repairs have been substantially completed. (d) Nothing in The written opinion or certificate of the Architect as to the date of completion of any Landlord's repairs required to be undertaken under the provisions of this Section 9.1 requires 9.01, or as to the Landlord to rebuild portion of the Leased Premises in the condition and state that existed before any such damage which are untenable, or destruction, provided that the Leased Premises, as re-built, will have reasonably similar facilities and services to those in when the Leased Premises prior to or any portion thereof are reasonably capable of use and occupancy by the Tenant following any damage or destruction having regardand repairs, however, or as to whether fifty percent (50%) or more of the age Rentable Area of the Building at such timehas been damaged or destroyed, shall be determinative of the issue.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident fire or other casualty required to be insured against by the Landlord pursuant to Section 7.5 7.05 or otherwise insured against by the Landlord and not caused by the Tenant, and if as a result of such occurrence: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent only of the Landlord's Work as set out in Schedule "C" and then only to the extent of the insurance proceeds actually received by the Landlord', and only Basic Rent (but not Additional Rent) will xxxxx entirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of its obligations hereunder; or; (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent set forth in required by this Section 9.19.01(a). (b) Notwithstanding Section 9.1(a9.01(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonablyLandlord reasonably arrived at, the Leased Premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty (60) 90 days of the damage or destruction, the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(asection 9.01(a) may, at its option, elect to terminate this Lease by giving to the Tenant, within thirty (30) 30 days after such the damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon the Tenant being notified in writing by Once the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completedcompleted its restoration work, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 9.01 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destructionthe damage, provided that but the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building at such timedamage.

DESTRUCTION OF THE LEASED PREMISES. (a) If in the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result reasonable opinion of fireLandlord, the elements, accident damage or other casualty required destruction is such that the premises are rendered wholly unfit for occupancy or it is impossible or unsafe to be insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by the Landlord use and not caused by the Tenantoccupy them, and if as a result in either event the damage, in the further opinion of Landlord (which shall be given by written notice to Tenant within thirty (30) days of the happening of such occurrence: damage or destruction) cannot be repaired with reasonable diligence within one hundred and twenty (i120) days from the Leased Premises are rendered wholly happening of such damage or partially untenantabledestruction, either landlord or Tenant may within five (5) days next succeeding the giving of Landlord’s opinion as aforesaid, terminate this Lease will continue lease by giving to the other notice in writing of such termination, in which event the term of this lease shall cease and be at an end as of the date of such destruction or damage and the rent and all other payments for which Tenant is liable under the terms of this lease shall be apportioned and paid in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), commence diligently to restore the Leased Premises to the extent only date of such destruction or damage. In the event that neither Landlord nor Tenant so terminates this lease, rent shall abaxx xxom the date of the Landlord's Work as set out in Schedule "C" and then only happening of the damage until the damage shall be made good to the extent of enabling Tenant to use and occupy the insurance proceeds actually received by the Landlord, and only Basic Rent (but not Additional Rent) will xxxxx entirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of its obligations hereunder; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), commence diligently to restore the Leased Premises to the extent set forth in this Section 9.1Premises. (b) Notwithstanding Section 9.1(aIf the damage be such that the Premises are wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them but if in either event the damage, in the opinion of the Landlord (which shall be given to Tenant within thirty (30) days from the happening of such damage), if can be repaired with reasonable diligence within one hundred and twenty (120) days of the Leased Premises are damaged or destroyed by any cause whatsoeverhappening of such damage, rent shall abaxx xxom the date of the happening of such damage until the damage shall be made good to the extent of enabling Tenant to use and if, occupy the Premises; (c) If in the opinion of the Landlord, acting reasonably, the Leased Premises cannot damage can be rebuilt or made fit for the purposes of the Tenant good as aforesaid within sixty one hundred and twenty (60120) days of the happening of such destruction or damage, and the damage or destruction, is such that the Landlord, instead Premises are capable of rebuilding or making the Leased Premises fit being partially used for the Tenant in accordance with Section 9.1(a) maypurpose for which leased, at its optionuntil such damage has been repaired, elect to terminate this Lease by giving rent shall abaxx xx the proportion that the part of the Premises rendered unfit for occupancy bears to the Tenant, within thirty (30) days after such damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destruction, provided that the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age whole of the Building at such timePremises.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident fire or any other casualty required to be peril which is insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by Landlord, the Landlord and not caused by the Tenant, and if as a result of such occurrenceif: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent only of insurance proceeds actually received by the Landlord's Work as set out in Schedule "C" Landlord and then only to the extent of the Landlord's obligations set out in Section 9. 1. To the extent of insurance proceeds actually received by the Landlord, and only Basic Rent (but not Additional Rent) will xxxxx entirely abatx xxxirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of has completed its obligations hereunderrestoration work; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx and abatx xxx the Landlord shall, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent set forth in required by this Section 9.110.1(a). (b) Once the Landlord has substantially completed its restoration work the Tenant will complete all work required to fully restore the Leased Premises for business. Nothing in this Section 10.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before the damage, but the Leased Premises, as rebuilt, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage. (c) Notwithstanding Section 9.1(a10.1(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonablyArchitect reasonably arrived at, the Leased Premises cannot be rebuilt or made fit for to the purposes extent of the Tenant Landlord's obligations set out in Section 9.1, within sixty one hundred and eighty (60180) days of the damage or destructiondestruction (assuming normal working days without overtime), the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(a10.1(a) may, at its option, elect to terminate this Lease by giving to the Tenant, within thirty (30) days after such the damage or destruction, written notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destruction, provided that the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building at such time.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident fire or any other casualty required to be peril which is insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by the Landlord and not caused by the TenantLandlord, and if as a result of such occurrencethen if: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent only of insurance proceeds actually received by the Landlord and only to the extent of the Landlord's Work as set out in Schedule "C" and then only to of this Lease. To the extent of the insurance proceeds actually received by the Landlord, and only Basic Rent (but not Additional Rent) will xxxxx entirely abatx xxxirely or proportionately, as the case may be, to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of has substantially completed its obligations hereunderrestoration work; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx and abatx xxx the Landlord shall, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent set forth in required by this Section 9.19.1(a). (b) Notwithstanding Section 9.1(a), if Once the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of Landlord has substantially completed the Landlord, acting reasonably, the Leased Premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty (60) days of the damage or destruction, the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant 's Work in accordance with Section 9.1(a) may, at its option, elect to terminate this Lease by giving to the Tenant, within thirty (30) days after such damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon the Tenant being notified in writing by the Landlord that the Landlord's Work as set out in Schedule "C" has been substantially completed9.l(a), the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete , including, without limitation the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Work. Nothing in this Section 9.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destructionthe damage, provided that but the Leased Premises, as re-builtrebuilt, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage. (c) Notwithstanding Section 9.1(a), if the Leased Premises are damaged or destroyed by any cause whatsoever the Leased Premises cannot be rebuilt to the extent of the Landlord's Work within ninety (90) days of the damage or destruction having regard(assuming normal working days without overtime), howeverthe Landlord may, to instead of rebuilding or making the age of the Building at such time.Leased

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are at any time destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident or other casualty required to be insured against by the Landlord pursuant to Section 7.5 7.05 hereof or otherwise insured against by the Landlord and not caused by the TenantLandlord, and if as a result of such occurrence: (i) the The Leased Premises are rendered wholly or partially untenantableuntenantable only in part, this Lease will shall continue in full force and effect and the Landlord willshall, subject to Sections 9.1(b9.01(b) and 9.2(a)9.02(a) hereof, commence diligently to restore reconstruct, rebuild or repair the Leased Premises to the extent only of the Landlord's Work as set out in Schedule "C" and then only to the extent of the insurance proceeds actually received by the Landlordits obligation under Section 8.03, and only Basic Rent (but not and Additional Rent) will Rent shall xxxxx entirely or proportionately, as the case may be, proportionately to the portion of the Leased Premises rendered untenantable from the date of the destruction or damage and until the Landlord’s repairs have been completed; (ii) the Leased Premises have been restored are rendered wholly untenantable, this Lease shall continue in full force and rendered tenantable by effect and the Landlord shall, subject to Sections 9.01(b) and 9.02(a) hereof, commence diligently to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations hereunder; orunder Section 8.03 and Basic Rent and Additional Rent shall xxxxx entirely from the date of the destruction or damage and until the Landlord’s repairs have been completed; (iiiii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will shall continue in full force and effect, the Rent rent and other amounts payable by the Tenant will shall not terminate, be reduced or xxxxx and the Landlord shall, subject to Sections 9.1(b9.01(b) and 9.2(a)9.02(a) hereof, commence diligently to restore reconstruct, rebuild or repair the Leased Premises to the extent set forth in this only of its obligation under Section 9.18.03. (b) Notwithstanding anything contained in Section 9.1(a9.01(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonablyLandlord reasonably arrived at, the Leased Premises cannot be reconstructed, rebuilt or repaired and made fit for the purposes purpose of the Tenant within sixty ninety (6090) days of the happening of the damage or destruction, the Landlord, instead of reconstructing, rebuilding or making repairing the Leased Premises fit for the Tenant in accordance with Section 9.1(a) may9.01(a), may at its option, option elect to terminate this Lease by giving to the Tenant, Tenant Notice of termination within thirty (30) days after such damage or destruction, notice of termination, and thereupon Basic Rent, Additional Rent and any other payments for which the Tenant is liable under this Lease will shall be apportioned and paid to the date of such damage or destruction, and the Tenant shall immediately deliver up vacant possession of the Leased Premises to the Landlord in accordance with the terms of this Lease. (c) Upon the Tenant being notified in writing given Notice by the Landlord that the Landlord's Work as set out in Schedule "C" has ’s repairs have been substantially completed, the Tenant will shall forthwith complete all reconstruction, rebuilding or repairs to the Leased Premises which are the Tenant's Work including, without limitation, such work as is set out in Schedule "C" ’s responsibility under Section 8.01 and all other work required to fully restore the Leased Premises for businessbusiness in every case at the Tenant’s cost and without any contribution to such cost by the Landlord, whether or not the Landlord has at any time made any contribution to the cost of supply, installation or construction of Leasehold Improvements in the Leased Premises. The Tenant will shall diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed’s repairs. (d) Nothing in this Section 9.1 9.01 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destructionoccurrence, provided that the Leased Premises, Premises as re-built, rebuilt will have reasonably similar similar, and at least the, facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building Complex at such time.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident fire or other casualty required to be insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by the Landlord and not caused by the Tenantcasualty, and if as a result of such occurrencethen if: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent only of the Landlord's Work as set out in the Schedule attached as Schedule "C" and then only to the extent of the insurance proceeds actually received by the Landlord", and only Basic Rent (but not Additional Rent) will xxxxx abate entirely or proportionately, as the case may be, to the xx xhe portion of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of has completed its obligations hereunderrestoration work; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will continue in full force and effect, the Rent and other amounts payable by the Tenant will not xxxxx abate and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore resxxxx the Leased Premises to the extent set forth in required by this Section 9.19.1(a). (b) Notwithstanding Section 9.1(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonablyLandlord reasonably arrived at, the Leased Premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty ninety (6090) days of the damage or destruction, the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(a) may, at its option, or the Tenant at its option may, elect to terminate this Lease by giving to the TenantTenant or the Landlord, as the case may be, within thirty (30) days after such the damage or destruction, notice of termination, and thereupon Rent and any other payments for which the Tenant is liable under this Lease will be apportioned and paid to the date of such damage or destruction. (c) Upon Once the Landlord has substantially completed its restoration work the Landlord will forthwith notify the Tenant being notified in writing by the Landlord to that the Landlord's Work as set out in Schedule "C" has been substantially completedeffect and, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out in Schedule "C" and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing in this Section 9.1 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destructionthe damage, provided that but the Leased Premises, as re-builtrebuilt, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building at such timedamage.

DESTRUCTION OF THE LEASED PREMISES. (a) If the Leased Premises are destroyed or damaged (including, without limitation, smoke and water damage) as a result of fire, the elements, accident fire or other casualty required to be insured against by the Landlord pursuant to Section 7.5 or otherwise insured against by the Landlord and not caused by the Tenantcasualty, and if as a result of such occurrencethen if: (i) the Leased Premises are rendered wholly or partially untenantable, this Lease will continue in full force and effect and the Landlord will, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent only of the Landlord's Work as set out described in Schedule "C" and then only to the extent of the insurance proceeds actually received by the Landlord, Landlord and only Basic Rent (but not Additional Rent, unless compensation from insurance proceeds for Additional Rent is received by the Landlord) will xxxxx entirely or proportionately, as the case may be, to the portion of the area of the Leased Premises rendered untenantable from the date of the destruction or damage until the Leased Premises have been restored and rendered tenantable by the Landlord to the extent of has completed its obligations hereunderrestoration work; or (ii) the Leased Premises are not rendered untenantable in whole or in part, the this Lease will continue in full force effect and effect, the Basic Rent and other amounts payable by the Tenant will not xxxxx and the Landlord shall, subject to Sections 9.1(b) and 9.2(a), will commence diligently to restore the Leased Premises to the extent set forth in required by this Section 9.19.01(a). (b) Notwithstanding Section 9.1(a9.01(a), if the Leased Premises are damaged or destroyed by any cause whatsoever, and if, in the opinion of the Landlord, acting reasonablyLandlord reasonably arrived at, the Leased Premises cannot be rebuilt or made fit for the purposes of the Tenant within sixty one hundred and eighty (60180) days of the damage or destruction, the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant in accordance with Section 9.1(a) 9.01(a), may, at its option, elect to terminate this Lease by giving to the Tenant, within thirty forty-five (3045) days after such the damage or destruction, notice of termination, termination and thereupon Basic Rent and any other payments for which the Tenant is liable under this Lease Additional Rent will be apportioned and paid to the date of such damage or destruction. (c. If, however, whether pursuant to Section 9.01(a) Upon or if, pursuant to the Tenant being notified in writing by provisions of the within Section 9.01(b), the Landlord that elects to repair, reconstruct or rebuild the Landlord's Work as set out in Schedule "C" has been substantially completedBuilding or any part thereof, the Tenant will forthwith complete all Tenant's Work including, without limitation, such work as is set out Landlord may use plans and specifications and working drawings other than those used in Schedule "C" the original construction of the Building or any part thereof and all work required to fully restore the Leased Premises for business. The Tenant will diligently complete the Tenant's Work and, if the Leased Premises have been closed for business, reopen for business within thirty (30) days after notice that the Landlord's Work is substantially completed. (d) Nothing nothing in this Section 9.1 9.01 requires the Landlord to rebuild the Leased Premises in the condition and state that existed before any such damage or destructionthe damage, provided that but the Leased Premises, as re-built, will have reasonably similar facilities and services to those in the Leased Premises prior to the damage or destruction having regard, however, to the age of the Building at such timedamage.