Common use of Destruction or Damage Clause in Contracts

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If (a) In the event the Premises or the portion of the Building necessary for Xxxxxx's occupancy is Tenaxx'x xccupancy are damaged by fire, earthquake, act of God, the elements of or other casualty, within sixty (60) days after such event, Landlord shall, subject to shall notify Tenant of the provisions of this Article, promptly repair the damage, if such repairs canestimated time, in Landlord's opinionreasonable judgment, be completed within (90) ninety daysrequired for repair or restoration. If Landlord determines that repairs can be completed within ninety such estimated time for repair or restoration is less than one hundred eighty (90180) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with days after the date of damage casualty and continuing until completion the cost of the repairs required of repair is covered by insurance maintained by Landlord, Landlord under Section 19d. b. If in Landlord's opinion, such repairs to shall forthwith repair or restore the Premises or the portion of the Building necessary for Tenant's occupancy cannot be completed within ninety occupancy, to the extent of insurance proceeds received on account of such casualty. If the time for repair or restoration is in excess of one hundred eighty (90) days, Landlord may elect, upon notice to Tenant given within thirty (30180) days after the date of such fire casualty or other casualtythe cost of repair is not covered by Landlord's insurance, Landlord shall elect, in the same notice Tenant, either (i) to repair such damageor restore the Premises or the portion of the building necessary for Tenant's occupancy, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated effect (unless Tenant exercises its right to terminate this Lease as provided below), or (ii) to terminate this Lease, in Section 19a. If Landlord does not so elect to make such repairs, which event this Lease shall terminate as of the date of such fire or other casualty. In the event Landlord is obligated or elects to repair the Premises pursuant to this Section 11 (unless Tenant exercises its right to terminate this Lease as provided below), this Lease shall remain in full force and effect except that, if such damage is not the result of the act or omission of Tenant or Tenant's employees, agents, representatives, contractors or invitees, an abatement of rental shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant (but only to the extent actually not used by Tenant) in the conduct of its business during the time such part is so unusable. Notwithstanding the foregoing, if (i) Landlord's estimate states that the repair or restoration of the subject casualty damage will take longer than twelve (12) calender months to substantially complete and (ii) no default by Tenant has occurred (including any matter which would constitute a default either with the passage of time or the giving of notice, then Tenant shall have the right to terminate this Lease by written notice delivered to Landlord within five (5) days following the date of Landlord's estimate, and Tenant's failure to deliver such termination notice shall be deemed an election by Tenant not to terminate the Lease. c. If any other (b) Notwithstanding anything to the contrary contained in this Section 11, in the event of casualty to the Premises or the portion of the Building or Project necessary for Tenant's occupancy during the final 12 months of the Term which is totally destroyed or damaged estimated by Landlord in good faith to the extent that require in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within excess of thirty (30) days after the date of such fire or other casualty, to repair such damageor restore (with respect to Landlord's termination right) or ninety (90) days to repair or restore (with respect to Tenant's termination right), in which event then either Landlord or Tenant may elect to terminate this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect by written notice to make such repairs, this Lease shall terminate as Tenaxx xxxivered within five (5) days of the date of such fire or other casualtyLandlord's estimate. d. (c) If the Premises or the Building are to be repaired or restored under this ArticleSection 11, Landlord shall repair at its cost any injury or damage to restore the Building and Building Standard Work all improvements in the PremisesPremises other than any of Tenant's furniture, fixtures, equipment, personal property, and any Tenant Improvements and Alterations made by or for Tenant. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion such Tenant's furniture, fixtures, equipment, personal property, and any Tenant Improvements and Alterations made by or for Tenant, provided that any repair of such Tenant Improvements or Alterations shall be performed by Landlord, at Tenant's cost. (d) Landlord and Tenant acknowledge that their respective rights and obligations in the Premises, Building or Project as a result event of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Premises or the Building are to be governed exclusively by this Lease and waive their respective rights under Sections 1932(2) and 1933(4) of the California Civil Code or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no applicationsuccessor statute.

Destruction or Damage. a. If A. If: (i) the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in the LANDLORD's opinion, be required (whether or not the Premises shall have been damaged by the casualty); or (ii) any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt; or (iii) there is any material loss to the Building that is not covered by insurance required to be maintained by LANDLORD under this Lease; or (iv) the Premises shall be partially damaged by casualty during the last two years of the Lease Term, and the estimated cost of repair exceeds 10% of the Base Rental then remaining to be paid by TENANT for the balance of the Lease Term; LANDLORD may, within 120 days after the casualty, give notice to TENANT of LANDLORD's election to terminate this Lease, and the balance of the Lease Term shall automatically expire on the fifth day after the notice is delivered. B. If LANDLORD does not have the right to terminate this Lease under Subsection A, or if LANDLORD has the right to terminate and does not elect to do so, LANDLORD shall proceed with reasonable diligence to restore the Building and the Premises to substantially the same condition they were in immediately before the happening of the casualty. However, LANDLORD shall not be required to restore any unleased Premises in the Building or any portion of TENANT's property or the improvements made by TENANT and LANDLORD's restoration obligations shall exist only to the extent that LANDLORD actually receives insurance proceeds in the amount of the estimated cost of the restoration. When repairs to the Premises that are LANDLORD's obligation under this section, if any, have been completed by LANDLORD, TENANT shall complete the restoration or replacement of the Premises, the improvements made by TENANT and all of TENANT's property necessary to permit TENANT's re-occupancy of the Premises. C. Rent shall abate in proportion to the portion of the Building necessary for Xxxxxx's occupancy is damaged Premises not useable by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project TEXXXX as a result of any casualty, as of the date on which the Premises becomes unusable. LANDLORD shall not be liable to TENANT for any delay in restoring the Premises or any inconvenience or annoyance to TENANT or injury to TENANT's business resulting in any way from the damage from fire or other casualtythe repairs, TENANT's sole remedy being the right to an abatement of rent. e. This Lease shall be considered an express agreement governing D. The rights provided to TENANT under this section are in lieu of and override any case of damage to or destruction of the Premises, Building or Project rights that TENANT may have by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no applicationstatute.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if is such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. . b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project Projects is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, fire earthquake, act of God, the elements of other casualty, casualty Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in ' In Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is Is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, casualty to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in In Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in In the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Property Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's Tenants agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until unti1 completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days90)days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. In the event of a fire or other casualty in the Premises, Tenant shall immediately give notice thereof to Landlord. The following provisions shall apply to fire or other casualty occurring in the Premises and/or the Building: (a) If the Premises or the portion of the Building necessary for Xxxxxx's occupancy damage is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject limited solely to the provisions of this Article, promptly repair Premises and the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs Premises can be completed made tenantable with all damage substantially repaired within ninety five (905) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with months from the date of damage or destruction, then Landlord shall be obligated to rebuild the same and continuing until completion shall proceed diligently to do so; provided, however, that Landlord shall have no obligation to repair or restore the initial Improvements or Alterations in the Premises (whether installed by Tenant or by Landlord) except to the extent that Landlord has received insurance proceeds from either Landlord's or Tenant's casualty insurer sufficient for such purposes and for all other restoration and repair purposes or unless Tenant pays all costs and expenses related to the reconstruction of the repairs required of Landlord under Section 19duninsured or underinsured Initial Improvements or Alterations. b. (b) If in Landlord's opinion, such repairs to the Premises or portion portions of the Building necessary for outside the boundaries of the Premises are damaged or destroyed (whether or not the Premises are also damaged or destroyed) and the Premises and the Building can both be made tenantable with all damage substantially repaired within nine (9) months from the date of damage or destruction, and provided that Landlord determines that it is economically feasible, Landlord shall be obligated to do so; provided, however, that Landlord shall have no obligation to repair or restore Initial Improvements or Alterations in the Premises except to the extent that Landlord has received insurance proceeds from either Landlord's or Tenant's occupancy cannot be completed within ninety casualty insurer sufficient for such purposes and for all other restoration and repair purposes or unless Tenant pays all costs and expenses related to the reconstruction of uninsured or underinsured Initial Improvements or Alterations. (90c) daysIf neither clause (a) nor (b) above applies, Landlord shall notify Tenant within sixty (60) days after the date such damage or destruction is adjusted by Landlord and Landlord's casualty insurer and either Tenant or Landlord may elect, upon notice to Tenant given terminate this Lease within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualtynotice. c. If (d) During any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of period when the Premises, Building or Project as a result of destruction or damage, are unusable and are actually unused by Tenant, Monthly Base Rent shall xxxxx proportionately until such time as the Premises are made tenantable. There shall be no abatement of Monthly Base Rent attributable to the time period following the repair of damage to the Premises by the Landlord where the Premises would have been otherwise reasonably deemed available for Tenant's occupancy, except for reconstruction of the Initial Improvements or Alterations where such reconstruction did not or has not occurred because of the failure of Tenant to pay to Landlord, or cause to be paid to Landlord, prior to the commencement of the anticipated repairs and reconstruction, an amount sufficient to pay for the cost of the anticipated repair and/or reconstruction or because of any damage from fire or other casualtydelays caused by Tenant. e. This Lease shall be considered an express agreement governing (e) The proceeds from any case insurance paid by reason of damage to or destruction of the Premises, Building or Project any part thereof, insured by fire or other casualtyLandlord, shall belong to and any present or future law which purports be paid to govern Landlord subject to the rights of any Superior Lessor or any mortgagee of any Mortgage which constitutes an encumbrance. (f) Notwithstanding anything contained in this Article XIV, Landlord and Tenant in such circumstances in the absence of express agreement, shall have no applicationobligation to rebuild the Premises or the Building in the event any Superior Lessor or any mortgagee of any Mortgage shall retain, and not make available to Landlord, the proceeds from any insurance or in the event the damage or destruction of the Premises or the Building occurs during the last year of the Term (excluding any unexercised options, if applicable).

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the the, provisions of this Article, promptly repair the damage, if If such repairs can, in Landlord's opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the gross negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d19.d. If Landlord commences repairs under this Section 1 9.a. but fails to complete such repairs within one hundred twenty (120) days after their commencement, Tenant shall have the right to cancel this Lease by notice to Landlord. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant to that effect given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event whereupon Tenant shall have the right to cancel this Lease, exercisable by Tenant giving notice of termination to Landlord within fifteen (15) days after Landlord's notice is given. If Tenant does not give such notice within such time period, this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. 19. a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. 19. a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work the tenant improvements described in Exhibit "C" in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's Tenant’s occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's ’s opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's ’s agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's ’s use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's ’s opinion, such repairs to the Premises or portion of the Building necessary for Tenant's ’s occupancy cannot be completed within ninety (90) days, Landlord may elect, elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's ’s opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements improvements and Tenant's ’s Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If If, at any time during the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of GodLease Term, the elements of Facility Premises, or any portion thereof, should be materially damaged or destroyed by any fire or any other casualty, then Tenant shall promptly give written notice thereof to the Landlord. Subject to the rights of any Leasehold Mortgagee, all property insurance proceeds available pursuant to Section 15(e) hereof shall be used to repair and restore the Facility Premises, provided that if the total amount of insurance proceeds for such claims (“Insurance Proceeds”) exceeds $50,000, the same shall be paid into an escrow account, with a single escrow agent which shall be appointed by Tenant’s Leasehold Mortgagee or, if Tenant has no Leasehold Mortgagee, such escrow agent shall be appointed jointly by Landlord and Xxxxxx, both parties agreeing to use reasonable efforts to agree on such appointment. Payments from such escrow account shall conform to the requirements of the Development Agreement for Disbursements of City Funds for Public Costs and in any event made in accordance with usual and reasonable disbursement requirements of the Leasehold Mortgagee. Tenant shall, at its sole cost and expenses, subject to receipt of the provisions Insurance Proceeds, restore, repair and/or rebuild the damaged or destroyed structures and other improvements to the condition that such structures and improvements existed prior to such casualty. Such restorations, repairs, and rebuilding shall be commenced as soon as practicable following the occurrence of this Articlesuch damage or destruction and shall thereafter be prosecuted continuously to completion with diligence. Notwithstanding the foregoing, promptly repair unless the damagedestruction or damage was due to Tenant’s gross negligence or willful misconduct, if such repairs canthe then-existing Lease Term is equal to or less than ten (10) years or the cost of restoring the Facility Premises shall exceed fifty percent (50%) of the replacement cost of the Facility Premises, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed Tenant shall have the right to terminate this Lease by giving the City Representative written notice of Xxxxxx’s election to do so within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of on which such fire damage or other casualtydestruction occurred, to repair and upon such damagenotice being given, in which event this the Lease should continue in full force Term shall automatically terminate and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate end effective as of the date of such fire damage or other casualty. c. destruction. If any other portion of Tenant does terminate the Building or Project is totally destroyed or damaged Lease pursuant to this Section 16, subject to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) daysrights of any Leasehold Mortgagee, Landlord may elect upon notice all Insurance Proceeds payable to Tenant given within thirty (30) days after with respect to any casualty at the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent Facility Premises shall be partially abated as provided paid to Tenant and Landlord in Section 19aequal amounts (i.e., split 50-50). If Landlord does not elect or Tenant, as the case may be, failed to make such repairsmaintain the insurance required under Section 15(e) hereof, this Lease shall terminate as the amount of the date of such fire or other casualty. d. If the Premises are Insurance Proceeds shall be deemed to be repaired the amount Landlord or Tenant, as the case may be, would have collected less normal and customary reimbursement costs had Landlord or Tenant, as the case may be, maintained the insurance required under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as Section 15(e) hereof with a result of any damage from fire or other casualtyreputable third-party insurer. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act earthquake or other Acts of God, the elements of or other casualty, Landlord shall, subject to the provisions provision of this Article, promptly repair the damage, if . If such repairs can, in LandlordXxxxxxxx's opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d10d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a10a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, . Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in . In which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's Tenant’s occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's ’s opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's ’s agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's ’s use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's ’s opinion, such repairs to the Premises or portion of the Building necessary for Tenant's ’s occupancy cannot be completed within ninety (90) days, Landlord may elect, elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty.. Landlord's Initials Tenant's Initials c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's ’s opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's ’s Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within with in ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or of other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements improvements and Tenant's Property. Provided Landlord is without fault Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. A. In the event that the Demised Premises shall be destroyed or damaged or injured by fire or casualty during the term B. If the Demised Premises or shall suffer damage to an extent that less than fifteen percent (15%) of the building in which the Demised Premises are located are rendered untenantable, then LANDLORD agrees to proceed promptly and without expense to TENANT to repair the damage and restore the improvement installed by LANDLORD, and TENANT shall be entitled to an abatement of a fair and just portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of rent and other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, payment required under this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenantaccording to TENANT's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated ability to the extent Tenant's use of the Premises is impaired, commencing with from the date of such damage and continuing until completion said Premises are completely reinstated or restored. If damage to the Demised Premised in excess of $100,000 shall occur within the last year of the repairs required initial term or the option extension period provided for herein, the obligation of Landlord under Section 19d. b. If in Landlord's opinion, such repairs the LANDLORD to restore the Premises or portion of the Building necessary for Tenant's occupancy canshall not be completed within ninety (90) days, Landlord may elect, upon arise unless TENANT shall give notice to Tenant given LANDLORD within thirty (30) days after such damage of its desire to extend the term of this Lease for an additional option term if such option term is still available. Upon such notice, LANDLORD agrees with all due diligence to repair and restore the Demised Premises and the Lease shall continue. Failing such notice to exercise in available option to extend, LANDLORD, at its option, shall have the right to terminate this Lease or to restore the Premises and the Lease shall continue for the remainder of the then unexpired term and any options which are thereafter exercised. TENANT shall be entitled to an abatement of a fair and just portion of the rent and other payments required under this Lease according to the TENANT's ability to use the Premises from the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If damage until the Premises are to be repaired under this Articlecompletely reinstated and restored. C. No damages, Landlord shall repair at its cost any injury compensation, or damage to the Building and Building Standard Work in the Premises. Tenant claim shall be responsible at its sole cost and expense payable by LANDLORD for the repairinconvenience, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the building pursuant to this paragraph. If the LANDLORD is required to, or exercises its rights to, restore the Premises, Building then LANDLORD shall use its best efforts not to unreasonably interfere with the TENANT's use and occupancy. Notwithstanding anything to the contrary the LANDLORD shall not be liable for damages or Project as a result claims if it is unable to obtain insurance. D. Notwithstanding any of the provisions of the foregoing, if the LANDLORD or the holder of any superior mortgage, as defined hereafter is unable to collect all of the insurance proceeds, if any, applicable to the damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building Demised Premises or Project of the building by fire or some other casualtycasualty or cause, and by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any present other of LANDLORD's remedies available against TENANT, there shall be no abatement of the rent due from TENANT to the extent of the uncollected insurance proceeds, if any. E. LANDLORD will not carry separate insurance of any kind covering TENANT's property. Except by reason of LANDLORD's breach of any of its obligations hereunder or future by operation of law which purports to govern the rights LANDLORD shall not be liable for the repair of Landlord and Tenant in such circumstances in any damage or the absence replacement of express agreement, shall have no applicationTENANT's property.

Destruction or Damage. a. SECTION 1. If the Premises premises or the portion of the Building building necessary for Xxxxxx's TENANT'S occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord LANDLORD shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's LANDLORD'S opinion, be completed within ninety (90) ninety days. If Landlord LANDLORD determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant TENANT or Tenant's TENANT'S agents, employees, contractors, licensees or invitees, the Base Rent base rent shall be abated to the extent Tenant's TENANT'S use of the Premises premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord LANDLORD under Section 19d3. Notwithstanding anything in this Lease to the contrary and provided LANDLORD has fully complied with Article VIII, Section 2 of this Lease, in no event shall LANDLORD have any obligation to repair in the event that the insurance proceeds it receives (if any and net of costs of collection) shall be insufficient to cover the expected costs of repair. In the event that LANDLORD shall make such repair, TENANT shall pay to LANDLORD within thirty (30) days of the substantial completion of the repair, the amount of the deductible under the applicable insurance policy up to a maximum of $10,000. b. SECTION 2. If in Landlord's LANDLORD'S opinion, such repairs to the Premises premises or portion of the Building building necessary for Tenant's TENANT'S occupancy cannot be completed within ninety (90) days, Landlord LANDLORD may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant TENANT given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, effect but the Base Rent base rent shall be partially abated as provided in Section 19a1. If Landlord LANDLORD does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. SECTION 3. If the Premises are to be repaired under this Article, Landlord LANDLORD shall repair repair, at its cost cost, any injury or damage to the Building and Building Standard Work in the Premises. Tenant damage, except that TENANT shall be responsible responsible, at its sole cost and expense expense, for the repair, restoration and replacement of any other Leasehold Improvements leasehold improvements and Tenant's PropertyTENANT'S property. Landlord LANDLORD shall not be liable for any loss of business, business inconvenience or annoyance arising from any repair or restoration of any portion of the Premisespremises, Building building or Project project as a result of any damage from fire or other casualty. e. SECTION 4. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premisespremises, Building building or Project project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord LANDLORD and Tenant TENANT in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or Or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to t o the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If (a) In the event the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is are damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shallshall forthwith repair the same, subject to the provisions of this Article, promptly repair the damageParagraph 10 hereinafter set forth, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed made within ninety (90) daysdays following the date of such fire or other casualty. Notwithstanding any other provision contained in this Paragraph, this the commencement of repair or restoration work by Landlord hereunder shall in no event be deemed a representation or warranty by Landlord that such repairs or restoration can or will in fact be completed within such 90-day period, and Landlord shall in no event be liable to Tenant for any failure or inability to complete said repairs or restoration within such 90-day period. This Lease shall remain in full force and effecteffect except that, except that if such damage is not the result of the negligence or willful misconduct intentional act of Tenant or Tenant's agents, employees, contractors, licensees or licensees, invitees, the subtenants or assigns, an abatement of Base Rent Rental and Additional Rental shall be abated to allowed Tenant for such part of the extent Tenant's use Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. If more than fifty (50) percent of the Premises is impaireddeemed unusable in the last 12 months of the lease or there is a total destruction of the Building, commencing with the Lease shall automatically terminate as of the date of damage and continuing until completion of the repairs required of Landlord under Section 19dsuch destruction. b. (b) If such repairs cannot, in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed made within ninety (90) daysdays following the date of such fire or other casualty, Landlord may elect, upon notice to Tenant given within thirty sixty (3060) days after the date of such fire or other casualty, to repair or restore such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent Rental and Additional Rental shall be partially abated as provided in Section 19asubparagraph 10(a). If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If (c) Notwithstanding anything to the contrary in this Lease, if the holder of a "Landlord's Mortgage" (as defined in Paragraph 24) requires that any other portion insurance proceeds from a casualty loss be paid to it, then Landlord shall have the option to cancel this Lease as of the Building or Project is totally destroyed or damaged to date of the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon casualty by written notice to Tenant given within thirty one hundred --eighty (30180) days after said holder notifies Landlord that it is collecting the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualtyinsurance proceeds. d. (d) If the Premises are to be repaired under this ArticleParagraph 10 by Landlord, Landlord Landlord's obligation to repair the Premises shall repair at its cost any injury or damage be discharged upon restoration of the Premises to Premises Shell, as defined in Exhibit C, and payment toward restoration of Tenant Improvements a sum equal to Landlord's Contribution prorated to the Building and Building Standard Work number of square feet of Rentable Area in that portion of the PremisesPremises damaged. Tenant shall pay all other costs of repairing the Premises and shall be responsible at its sole cost and expense for the repaircarrying such casualty insurance with respect to such other Tenant Improvements as set forth in Paragraph 11 hereof. In no event shall Landlord be required to rebuild, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of replace any portion of the Premisespersonal property, Building furniture, supplies, equipment or Project as a result of any damage from fire or other casualtytrade fixtures which belong to Tenant. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effectef fect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If It the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Property Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an pin express agreement governing any go,-.,ernIn=y case of damage to or destruction of the PremisesPromises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord and Tenant may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does and Tenant do not so elect allow Landlord to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project that materially affects Tenant's business is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If In the Premises or the portion event of the Building necessary for Xxxxxx's occupancy is damaged destruction of the demised premises by fire, earthquake, act of Godexplosion, the elements of other casualtyor otherwise during the term hereby created, Landlord shallor previous thereto, subject or such partial destruction thereof as to render the provisions of this Articledemised premises wholly untenantable or unfit for occupancy, promptly repair or should the damage, if such repairs demised premises be so badly injured that the same can, in Landlord's opinion, not be completed within (90) ninety days. If Landlord determines that repairs can be completed repaired within ninety (90) daysdays from the happening of such injury, this Lease shall remain then and in full force and effectsuch case the term hereby created shall, except that if such damage is not at the result option of the negligence or willful misconduct of Tenant or Tenant's agentsLandlord, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with cease and become null and void from the date of such damage or destruction, and continuing until completion the Tenant shall immediately surrender the demised premises and all of the repairs required of Landlord under Section 19d. b. If in LandlordTenant's opinion, such repairs interest therein to the Premises or portion Landlord, and shall pay rent only to the time of such surrender, in which event the Building necessary Landlord may reenter and re-possess the premises thus discharged from this lease and may remove all parties therefrom. Should the demised premises be rendered untenantable and unfit for Tenant's occupancy cannot occupancy, but yet be completed repairable within ninety (90) daysdays from the happening of said injury, the Landlord may electenter and repair the same with reasonable speed, upon notice and the rent shall not accrue after said injury or while repairs are being made, but shall recommence immediately after said repairs shall be completed. But if the demised premises shall be so slightly injured as not to be rendered untenantable and unfit for occupancy, then the Landlord agrees to repair the same with reasonable promptness and, in that case, the rent accrued and accruing shall not cease or determine. The Tenant given within thirty (30) days after shall immediately notify the date Landlord in case of such fire or other casualty, damage to the demised premises. If the Landlord shall elect to undertake to repair such damagethe demised premises, in which event this Lease should continue in full force and effectthen, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that the Tenant is unable to use the demised premises or any portion thereof, an appropriate suspension or adjustment (related to the portion of the demised premises that is not useable by the Tenant) in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent rent shall be partially abated as provided in Section 19amade during the period of repair. If The Landlord does not elect shall proceed to make such repairsrepair with reasonable speed, this Lease shall terminate as taking into account, however, the difficulty in obtaining a contractor or contractors for such work on an immediate basis, the settlement of any insurance claims in connection with said destruction or casualty, all other factors related to such repair outside of the date of such fire or other casualtyLandlord's reasonable control, etc. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shallshall promptly repair the damage, subject to the provisions of this Article, promptly repair the damagesection, if such those repairs can, m Landlord's opinion, be made within ninety (90) days. This Lease shall remain in effect and Tenant shall not be entitled to an abatement of Rent except to the extent Landlord receives proceeds from rent insurance which may be carried by Tenant. If repairs cannot, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within made in ninety (90) days, Landlord may elect, upon notice to Tenant within thirty (30) days after the date of the fire or other casualty, to repair that damage, in which case this Lease shall remain continue in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of but Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated entitled to an abatement of Rent to the extent Tenant's use of the Premises is impaired, commencing with the date of the damage and continuing or casualty until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. . A total destruction of the Building shall automatically terminate the Lease. If the Premises are to be repaired under this Articlesection, Landlord shall repair at its cost any injury or damage to the Building itself and Building Standard Work in the PremisesTenant Improvements provided by Landlord. Tenant shall pay the cost of repairing any other improvements in the Premises and shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Propertycarrying such casualty insurance as it deems appropriate with respect to those improvements. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or SmaruCool Systems USA. Inc. PRF 400#219 4'1!2006 Project by fire or other casualty, and any present or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's Tenant’s occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's ’s opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant Tenant’s or Tenant's ’s agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's ’s use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's ’s opinion, such repairs to the Premises or portion of the Building necessary for Tenant's ’s occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. c. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's ’s Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. d. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. 22.01 If the Premises Building or the portion Demised Premises shall be partially or totally damaged or destroyed by fire or other casualty (each, a “Casualty”), then whether or not the damage or destruction shall have resulted from the fault or neglect of Tenant, or its employees, agents or invitees (and if this Lease shall not have been terminated as in this Article 22 hereinafter provided) Landlord shall repair the damage and restore and rebuild the Building necessary for Xxxxxx's occupancy is damaged by fireand/or the Demised Premises, earthquake, act at its expense (without limiting the rights of God, the elements of other casualty, Landlord shall, subject any insurance company subrogated to Landlord’s rights hereunder pursuant to the terms of any insurance policy as to which Landlord shall have been unable to obtain a waiver of subrogation in accordance with Article 11 hereof, to seek recovery from Tenant, and any rights of Landlord under any other provisions of this ArticleLease or at law or in equity), promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result with reasonable dispatch after notice to it of the negligence damage or willful misconduct destruction; provided, however, that Landlord shall not be required to repair or replace any of Tenant Tenant’s Property, or Tenant's agents’s Changes or any improvements, employees, contractors, licensees changes or inviteesalterations within the Demised Premises. 22.02 If the Building or the Demised Premises shall be partially damaged or partially destroyed by a Casualty, the Base Rent rents payable hereunder shall be abated to the extent Tenant's use of that the Demised Premises is impaired, commencing with shall have been rendered untenantable for the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after period from the date of such fire damage or other casualtydestruction to the date the earlier of (i) the date the Demised Premises is made tenantable (provided, that if the Demised Premises would have been tenantable at an earlier date but for Tenant having failed to repair cooperate with Landlord in effecting repairs or restoration or collecting insurance proceeds, then the Demised Premises shall be deemed to have been made tenantable on such damage, earlier date and the abatement shall cease) or (ii) the date Tenant or any subtenant reoccupies a portion of the Demised Premises (in which event this Lease should continue in full force and effect, but case the Base Rent allocable to such reoccupied portion shall be partially abated as provided in Section 19apayable by Tenant from the date of such occupancy). If Landlord does not so elect to make such repairsthe Demised Premises shall be totally damaged or destroyed or rendered completely untenantable on account of a Casualty, this Lease the rent shall terminate xxxxx as of the date of such fire the damage or other casualty. c. If any other destruction and until Landlord shall repair, restore and rebuild the Building and the Demised Premises. Should Tenant reoccupy a portion of the Building or Project Demised Premises during the period the restoration work is totally destroyed or damaged taking place and prior to the extent date that in Landlord's opinion repair thereof cannot the same are made completely tenantable, rents allocable to such portion shall be completed within ninety (90) days, Landlord may elect upon notice to payable by Tenant given within thirty (30) days after from the date of such fire occupancy. Landlord’s determination of the date the Demised Premises is tenantable shall be controlling unless Tenant disputes same by notice to Landlord within ten (10) days after such determination by Landlord, and pending resolution of such dispute, Tenant shall pay Rent in accordance with Landlord’s determination. Notwithstanding the foregoing, if solely by reason of any act or omission by Tenant, any subtenant or any of their respective partners, directors, officers, servants, employees, agents or contractors, Landlord, any superior lessor or any superior mortgagee shall be unable to collect all of the insurance proceeds (including, without limitation, rent insurance proceeds) applicable to the Casualty, then, without prejudice to any other casualtyremedies which may be available against Tenant, to repair such damage, in which event this Lease there shall continue in full force and effectbe no abatement of Rent, but the Base total amount of such Rent not abated (which would otherwise have been abated) shall not exceed the amount of uncollected insurance proceeds. Nothing contained in this Section 22.02 shall relieve Tenant from any liability that may exist as a result of any Casualty. 22.03 If the Demised Premises shall be partially abated as provided totally damaged or destroyed by a Casualty, or if the Building shall be so damaged or destroyed by a Casualty that, in Section 19a. If Landlord does not elect to make such repairsLandlord’s or Tenant’s reasonable opinion, this Lease shall terminate as substantial alteration, demolition or reconstruction of the date of Building shall be required (whether or not the Demised Premises shall have been damaged or rendered untenantable) then in any such fire case Landlord or other casualtyTenant may terminate this Lease. d. If the Premises are to be repaired under this Article22.04 No damages, Landlord shall repair at its cost any injury compensation or damage to the Building and Building Standard Work in the Premises. Tenant claim shall be responsible at its sole cost and expense payable by Landlord for the repairinconvenience, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience business or annoyance arising from any repair or restoration of any portion of the PremisesDemised Premises or of the Building pursuant to this Article 22. Landlord shall endeavor to effect such repair or restoration with all reasonable expedition, Building subject to delays due to adjustments of insurance claims, labor troubles and causes beyond Landlord’s control, and in such manner as not unreasonably to interfere with Tenant’s use and occupancy. 22.05 Landlord will not carry separate insurance of any kind on Tenant’s Property and on Tenant’s Changes or Project as a result any other improvements, and Landlord shall not be obligated to repair any damage thereto or replace the same. Tenant shall look solely to its insurance for recovery of any damage from fire to or loss of Tenant’s Property, Tenant’s Changes or any other casualtyimprovements. Tenant shall promptly notify Landlord of any Casualty in the Demised Premises. e. This Lease 22.06 The provisions of this Article 22 shall be considered an express agreement governing any case cause of damage to or destruction of the Premises, Building or Project Demised Premises by fire or other casualty, and any present or future law which purports to govern Section 227 of the rights Real Property Law of Landlord and Tenant in the State of New York, providing for such circumstances a contingency in the absence of an express agreement, and any other law of like import, now or hereafter in force, shall have no applicationapplication in such case.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, . Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent and additional rent including all project operating costs shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord or Tenant may elect, upon notice to Tenant the other given within thirty (30) days after the date of such fire or other casualty, casualty to terminate this Lease as of the date of such fire or casualty or agree to have the Landlord repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord or Tenant may elect upon notice to Tenant the other given within thirty (30) days after the date of such fire or other casualty, casualty to terminate this Lease as of the date of such fire or casualty or agree to have the Landlord repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Except in the event of willful acts or negligence of Landlord, its employees or agent Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Tenant provided Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents', employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire f ire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion otherportion of the Building or Project is totally destroyed or damaged ordamaged to the extent that extentthat in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after af ter the date of such fire f ire or other casualty, to repair such damage, in which event this Lease shall LeaA ~hall continue in full f ull force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant Tenani: in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If Continued) Anything in this Lease to the contrary notwithstanding: In the event the Premises are damaged or destroyed by fire or other casualty and if this Lease is not terminated, then Landlord shall promptly repair and restore the portion same to substantially the condition which said Premises were in immediately prior to the happening of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other such casualty, Landlord shalland if same are not so restored or repaired within one hundred twenty (120) days of such casualty, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlordthen Tenant at Tenant's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, option may terminate this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon by written notice to Tenant given Landlord within thirty (30) days after thereafter, Tenant's right of termination, however, shall not be applicable if Landlord is able to relocate Tenant as provided below, or if such damage or destruction is caused by Tenant's negligence or willful misconduct. From the date of such fire or casualty until the Premises are repaired and restored, the Rent and Additional Rent and other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, charges payable under this Lease shall terminate abatx xx such proportion as the part of the date Premises destroyed, damaged or rendered untenantable bears to the total Premises; however, if Tenant is unable to conduct business in the Premises as a result of such fire or casualty, then Rent and all additional rent and other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in charges shall abatx xxxally until Landlord's opinion repair thereof canrepairs are completed and Tenant can resume business in the Premises. Provided Tenant is not be completed within ninety (90) days, Landlord may elect upon notice to Tenant given then in default of its obligations with this Lease; within thirty (30) days after of such casualty and until the Premises are restored, Landlord will assist Tenant in relocating into temporary space within the Irvine/Sammxx Xxx-Tech Park or any other Irvine Company property that is vacant and available. Rent and all Additional Rent and other charges payable under this Lease, shall not be abated while Tenant is in possession of such temporary space. If this Lease is terminated as herein provided, then the effective date of said termination shall be the date of such fire damage or other casualtydestruction, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate adjusted as of the date of such fire or other casualtysaid date. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's Landlords reasonable opinion, . be completed within one hundred eighty (90180) ninety days. If Landlord determines that repairs can be completed within ninety one hundred eighty (90180) days, this Lease shall remain in In full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualtySee Addendum One - Additional Provisions. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualtySee Addendum One - Additional Provisions. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury Injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience Inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in In such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's Tenant’s occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's ’s opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's ’s agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's ’s use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's ’s opinion, such repairs to the Premises or portion of the Building necessary for Tenant's ’s occupancy cannot be completed within ninety (90) days, Landlord may elect, elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's ’s opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's ’s Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualtycasualty or if Tenant notifies Landlord in writing within thirty (30) days after the date of fire or other casualty and prior to Landlord commencing any repairs that it elects to terminate the lease because repairs cannot be completed within ninety (90) days. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90a) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any In case of damage to or destruction of the Premises, Premises or the Building or Project by fire or other casualty, Lessee shall give immediate notice thereof to Lessor, and Lessor shall, if Lessor elects to repair, cause the damage to be repaired with reasonable dispatch at the expense of Lessor, due allowance being made for any present delay which may arise by reason of adjustment of loss under insurance policies on the part of either Lessor or future law Lessee or by reason of any other cause beyond Lessor's control. If Lessor shall elect not to repair, this Lease, at the option of Lessor, may be terminated upon written notice to Lessee of Lessor's decision to terminate. Unless repairs are commenced by Lessor within sixty days from the date of any such destruction or damage, Lessee may cancel this Lease by giving notice thereof to Lessor promptly upon the expiration of said sixty day period. (b) Provided Lessor's right of full recovery under its insurance policies is not prejudiced, Lessor hereby waives any and all right of recovery which purports it might otherwise have against Lessee, Lessee's servants, agents, employees and invitees, for loss or damage occurring to govern the rights Building and the fixtures, appurtenances and equipment therein, to the extent the same is covered by Lessor's insurance, notwithstanding that such loss or damage may result from the negligence or fault of Landlord Lessee, Lessee's servants, agents, employees or invitees. Provided that Lessee's right of full recovery under Lessee's insurance policies is not prejudiced, Lessee hereby waives any and Tenant in such circumstances all right of recovery which Lessee might otherwise have against Lessor, its servants, agents, employees or invitees and against every other tenant in the absence of express agreement, Building who shall have no applicationexecuted a similar waiver, for loss or damage to Lessee's furniture, furnishings, fixtures and other property, to the extent that same is covered by Lessee's insurance, notwithstanding that such loss or damage may result from the negligence or fault of Lessor, its servants, agents, employees or invitees, or such other tenant. (c) The rent shall, to the extent the Premises have been rendered untenantable, be proportionately abated from the date of any fire or casualty not caused by the fault or negligence of Lessee, Lessee's servants, agents, employees or invitees, until the Premises are repaired, and shall be adjusted as of the date of the fire or casualty in the event this Lease is terminated pursuant to Paragraph 11(a) hereof.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy Tenaxx'x xccupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, . Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building Project reasonably necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this ArticleSection, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or any portion of the Building Project reasonably necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon written notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in In full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If or if Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. If, however, the damage is limited to the interior of the Premises, then if Landlord does not elect to repair the Premises, Tenant shall have the option, at its expense, by written notice to Landlord within fifteen (15) days after receipt of Landlord's notice that it will not repair, to repair the Premises and then keep this Lease in effect. If Tenant shall repair the premises, then any insurance proceeds attributable to the damage may be used by Tenant to pay the cost of such repair. d. c. If the Premises are to be repaired under this ArticleSection, Landlord shall repair at its cost any injury or damage to the Building Project outside of the Premises and Building Standard Work in shall pay the Premises. cost of restoring the Premises to their condition prior to the damage, except that Tenant shall be responsible at its sole for payment of the cost and expense for of the repair, restoration and replacement of any other Leasehold Improvements and Tenant's PropertyProperty in excess of the Tenant's Improvements established in the Addendum, Paragraphs 47 and 48 and the attached Exhibit "C". Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building Premises or the Project as a result of any damage from fire or other casualty. e. d. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building Premises or the Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.law

Destruction or Damage. a. If A. Sellers shall bear all risk of loss or damage to the Premises Real Estate until Closing. If, prior to Closing, the Improvements or the any portion of the Building necessary for Xxxxxx's occupancy is thereof shall be destroyed or damaged by fireone or more incidents of vandalism, earthquake, act of God, the elements of fire and/or other casualty, Landlord shallwhether or not covered by insurance, subject requiring aggregate expenditures of more than $50,000 (including insurance proceeds) to repair, replace or restore the provisions of this Articlesame to their condition prior to such fire or other casualty (as determined by an insurance adjustor selected by Purchaser and reasonably acceptable to Sellers), promptly repair Purchaser shall have the damageright, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is exercisable upon written notice delivered to Sellers not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within more than thirty (30) days after the date following such destruction or damage, to terminate this Agreement. If one or more incidents of such vandalism, fire or other casualtycasualty cause loss or damage to the Improvements (1) in an amount less than $25,000 or (2) in an amount greater than $50,000, determined as aforesaid, and if Purchaser does not elect to repair terminate this Agreement as aforesaid, then Purchaser may, at its option, either (a) defer Closing until the Improvements are repaired, replaced or restored to substantially the condition existing immediately prior to such loss or damage, in which event this Lease should continue case Sellers shall forthwith undertake and diligently complete such repair, replacement and/or restoration, or (b) close the transaction contemplated hereby on the date scheduled for Closing, in which case there shall be, at Purchaser's and Sellers' option: (i) deducted from the Purchase Price an amount necessary to restore the Real Estate to its condition before such casualty, or (ii) Sellers shall assign or pay to Purchaser at Closing all insurance proceeds (and other related choses in action, if any) collected or claimed with respect to said loss or damage and pay to Purchaser at Closing the amount of any applicable deductible from such insurance. B. Sellers shall maintain in full force and effect, but effect until Closing fire xxx xxxxxded coverage insurance insuring the Base Rent Improvements for their full replacement cost. The limits of such coverage shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of no less than the date of such fire or other casualtyfull Purchase Price. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's Tenants occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, shall subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's Tenants agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in the Landlord's opinion, such repairs to the Premises or portion potion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within ninety (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, effect but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work building standard work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This If the damage to the Premises occurs during the last six (6) months of the Lease Term, Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within thirty (30) days after the date of the casualty event. In the event that Tenant has an option to extend or renew this Lease, and the time within which said option may be considered an express agreement governing any case exercised has not yet expired. Tenant shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the occurrence of such partial damage to or destruction the Premises during the last six (6) months of the Premisesterm of this Lease. If Tenant duly exercises such option during said twenty (20) day period, Building Landlord shall, at Landlord's expense, repair such damage, but not Tenant's fixtures, equipment or Project Tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Tenant fails to exercise such option during said twenty (20) day period, then Landlord may at Landlord's option terminate and cancel this Lease as of the expiration of said twenty (20) day period by fire giving written notice to Tenant of Landlord's election to do so within ten (10) days after the expiration of said twenty (20) day period, notwithstanding any term or other casualty, and any present or future law which purports provision in the grant of the option to govern the rights of contrary. f. Landlord and Tenant in such circumstances hereby acknowledge that the provisions of this Article 19 are intended to be the sole and exclusive provisions applicable in the absence event of express agreementany fire, shall have no applicationcasualty or unavoidable accident to the Premises or the Building, and that the same are provided in lieu of the operation of Virginia Code Ann. xxc. 55-226 (as the same may be amended and any successor provision thereto).

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's Tenaxx'x occupancy is damaged by fire, earthquake, act of God, the elements of other casualtycasually, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. In the event of a fire or other casualty in the Premises, as soon as Tenant becomes aware, Tenant shall immediately give notice thereof to Landlord. The following provisions shall apply to fire or other casualty occurring in the Premises and/or the Building: (a) If the Premises or the portion of the Building necessary for Xxxxxx's occupancy damage is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject limited solely to the provisions of this Article, promptly repair Premises and the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs Premises can be completed made tenantable with all damage repaired within ninety six (906) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with months from the date of damage or destruction, then Landlord shall be obligated to rebuild the same excluding Tenant’s Specialty Alterations, if any, and continuing until completion shall proceed diligently to do so; provided, however, that Landlord shall have no obligation to repair or restore Tenant Improvements installed in the Premises by Tenant or by Landlord except to the extent that Landlord has received insurance proceeds from either Landlord’s or Tenant’s casualty insurer, sufficient for such purposes and for all other restoration and repair purposes or unless Tenant pays all costs and expenses related to the reconstruction of the repairs required of Landlord under Section 19duninsured or underinsured Tenant Improvements. b. (b) If in Landlord's opinion, such repairs to the Premises or portion portions of the Building necessary for Tenant's occupancy canoutside the boundaries of the Premises are damaged or destroyed (whether or not the Premises are also damaged or destroyed) and the Premises and the Building can both be completed made tenantable with all damage repaired within ninety nine (909) daysmonths from the date of damage or destruction, and provided that Landlord determines that it is economically feasible, Landlord shall be obligated to do so; provided, however, that Landlord shall have no obligation to repair or restore improvements installed in the Premises by Tenant except to the extent that Landlord receives insurance proceeds sufficient for such purpose and for all other restoration and repair purposes. (c) If neither clause (a) nor (b) above applies, Landlord shall notify Tenant within sixty (60) days after the date such damage or destruction is adjusted by Landlord and Landlord’s casualty insurer and either Tenant or Landlord may elect, upon notice to Tenant given terminate this Lease within thirty (30) days after the date of such fire notice; provided, however, that Landlord shall have the right to elect to reconstruct the Building and the Premises, in which event Landlord shall notify Tenant within such sixty (60) day period and Tenant shall thereupon have no right to terminate this Lease, except as expressly set forth below. (d) During any period when the Premises, as a result of destruction or damage, are unusable and are actually unused by Tenant, rent shall xxxxx proportionately, as reasonably determined by Landlord in good faith, on a day for day basis, until such time as the Premises are made tenantable, and no portion of the rent so abated shall be subject to subsequent recapture; provided, however, that there shall be no such abatement except to the extent that the amount thereof is compensated for and recoverable from the proceeds of rental abatement or business interruption insurance maintained by Landlord with respect to this Lease, the Premises or the Building. In addition, there shall be no abatement of rent attributable to the time period following the repair of damage to the Premises by the Landlord where the Premises would have been otherwise reasonably deemed available for Tenant’s occupancy, except for reconstruction of the Tenant Improvements where such reconstruction did not or has not occurred because of the failure of Tenant to pay to Landlord, or cause to be paid to Landlord, prior to the commencement of the anticipated repairs and reconstruction, an amount sufficient to pay for the cost of the anticipated repair and/or reconstruction or because of any other delays caused by Tenant. (e) The proceeds from any insurance paid by reason of damage to or destruction of the Building or any part thereof, insured by Landlord, shall belong to and be paid to Landlord subject to the rights of any Superior Lessor or any mortgagee of any Mortgage which constitutes an encumbrance. (f) Tenant waives California Civil Code Sections 1932(2) and 1933(4) providing for termination of hiring upon destruction of the thing hired. (g) Notwithstanding the foregoing, Landlord shall have no obligation to rebuild the Premises in the event of damage or destruction of the Premises occurring during the last two (2) years of the Term (excluding unexercised options). (h) Notwithstanding the foregoing, Tenant shall have the right to terminate this Lease by written notice to Landlord in the event that the Premises are damaged to the extent that Tenant’s use of the entire Premises is materially impaired, and the restoration of the Premises is not substantially completed within one hundred eighty (180) days of the date of the casualty. (i) In the event that the Premises or the Building is destroyed or damaged to any substantial extent during the last eighteen (18) months of the Term, and, in the reasonable opinion of Landlord, the damage or destruction to repair the Premises or Building cannot be repaired by the date which is six (6) months prior to the Expiration Date, then notwithstanding anything contained in this Article, either Landlord or Tenant shall have the option to terminate this Lease by giving written notice to the other party of the exercise of such damageoption within thirty (30) days after such damage or destruction, in which event this Lease should continue in full force shall cease and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) daysnotice, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but pay the Base Rent and Additional Rent, properly apportioned up to such date of damage, and both parties hereto shall thereafter be partially abated freed and discharged of all further obligations hereunder, except as provided for in Section 19a. If Landlord does not elect to make such repairs, provisions of this Lease shall terminate as which by their terms survive the expiration or earlier termination of the date of such fire or other casualtyTerm. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. 10.1 If either the Premises or the portion of Shopping Center containing the Building necessary for Xxxxxx's occupancy Premises is totally destroyed or so substantially damaged as to be determined untenantable by Lessor in its sole discretion, by fire, lightning, earthquake, act of God, the elements of windstorm or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed repaired within ninety (90) daysa reasonable time, Landlord this lease may elect, be terminated by Lessor upon notice to Tenant given within thirty (30) days after written notice to the date of such fire or other casualtyother, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate accounted for between Lessor and Lessee as of the date of such fire or other casualtytermination date. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. 10.2 If the Premises or any part thereof, are to be repaired under this Articledamaged but not rendered untenantable, Landlord as determined by Lessor in its sole discretion, by the above mentioned casualty, Lessor shall repair at its cost the Premises within a reasonable time after receipt of written notice thereof; provided, that Lessor shall not be required to rebuild, repair or replace any injury part of the alterations, additions, improvements, equipment or machinery which may have been placed on the Premises by Lessee. Until such repairs shall be made, all rent shall be abated proportionately to the part of the Premises which is usable by Lessee as determined by Lessor. At the completion of such repair, all rent shall recommence. 10.3 Any insurance which may be carried by Lessor or Lessee against loss or damage to the Building and Building Standard Work in Shopping Center and/or the Premises shall be for the sole benefit of the party carrying such insurance. 10.4 Lessee shall not make any use of the Premises which would make void or voidable any policy of fire or extended coverage insurance insuring the Premises. Tenant shall be responsible at its sole cost , and expense for the repair, restoration and replacement if by reason of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion use by Lessee of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease the hazard premiums on policies maintained by Lessor shall be considered an express agreement governing any case increased over normal rates for this type of damage to or destruction building, the amount of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances increase in the absence premium shall be paid by Lessee to Lessor from time to time on demand. Lessee agrees to indemnify and save harmless the Lessor against all claims for damages to persons or property by reason of express agreementLessee’s use or occupancy of the premises and all expenses incurred by Lessor because thereof, shall have no applicationincluding attorney fees and court costs.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90ninety(90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the PremisesPremiss. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements improvements and Tenant's Property. Provided Landlord is without fault Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of or other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.and

Destruction or Damage. a. If 21.1 In the event that the Leased Premises during the term hereof shall be totally destroyed by fire or other casualty insured against, or shall be so damaged that repairs and restoration cannot in the portion opinion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, Lessee in Landlord's opinionits reasonable discretion, be completed accomplished within a period of One Hundred Twenty (90120) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with days from the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinionsuch destruction or damage, such repairs Lessee may terminate this Lease by giving written notice to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given Lessor within thirty (30) days after of such destruction or damage and upon such termination each party shall be relieved of any further obligation to the other except for the rights and obligations of the parties under ARTICLES XVI and XVIII hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a pro rata portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can, in the opinion of Lessee in its reasonable discretion, be accomplished within a period of One Hundred Twenty (120) days from the date of such fire destruction or other casualty, to repair such damage, in which event this Lease should continue in full force Lessor shall notify Lessee of the schedule for said repairs and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairsrestoration within thirty (30) days and, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed within Ninety (90) days of the date of such destruction or damage as closely as practicable to the original specifications (utilizing therefore the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of the rent shall abatx xxxal to the portion of the Leased Premises rendered not suitable during this period for Lessee's intended purposes by the damage. In the event that Lessor fails to notify Lessee of said schedule for repairs within thirty (30) days, Lessee may terminate this Lease as of the date of such fire damage. It is understood that Lessor's obligation to restore, replace or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds (plus a reasonable deductible amount) paid to it and/or released to it by any mortgage with which settlement was made. If the insurance proceeds are insufficient to permit Lessor to restore, replace, or rebuild such facilities to comparable condition as at the commencement of this Lease, then Lessee shall have the right to terminate this Lease in which event each party shall be relieved of any further obligation to the other casualty. c. If except for the rights and obligations of the parties under ARTICLES XVI and XVIII hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any other rent then in arrears or Lessor shall promptly rebate to Lessee a pro rata portion of any rent paid in advance. Lessee agrees to execute and deliver to Lessor all reasonable instruments and documents necessary to evidence the Building fact that the right to such insurance proceeds is vested in Lessor. In the event of damage or Project destruction, partial or total to or of machinery, equipment and appurtenances constructed or installed on or in the Leased Premises by Lessee, Lessee, provided it then be in full compliance with ARTICLE XX hereof, shall be entitled to receive an apportionment of the insurance proceeds in accordance with the relative damage or destruction to or of (a) the Leased Premises at the beginning of the term hereof and (b) machinery, equipment and appurtenances, if any, constructed or installed on or in the Leased Premises by the Lessee at its expense after the beginning of the term hereof and which would have been removable by Lessee pursuant to ARTICLE X hereof. If in Lessee's reasonable opinion such untenantable condition is totally destroyed or damaged likely to the extent that in Landlord's opinion repair thereof cannot be completed within ninety persist for a period of more than One Hundred Twenty (90120) days, Landlord may elect upon then Lessee may, by written notice to Tenant given within thirty (30) days after the date of such fire or other casualtyLessor, to repair such damage, in which event terminate this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire damage or other casualtydestruction. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If (a) In the event the Premises or the portion of the Building necessary for Xxxxxx's occupancy is Tenaxx'x xccupancy are damaged by fire, earthquake, act of God, the elements of or other casualty, within sixty (60) days after such event, Landlord shall, subject to shall notify Tenant of the provisions of this Article, promptly repair the damage, if such repairs canestimated time, in Landlord's opinionreasonable judgment, be completed within (90) ninety daysrequired for repair or restoration. If Landlord determines that repairs can be completed within ninety such estimated time for repair or restoration is less than one hundred eighty (90180) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with days after the date of damage casualty and continuing until completion the cost of the repairs required of repair is covered by insurance maintained by Landlord, Landlord under Section 19d. b. If in Landlord's opinion, such repairs to shall forthwith repair or restore the Premises or the portion of the Building necessary for Tenant's occupancy cannot be completed within ninety occupancy, to the extent of insurance proceeds received on account of such casualty. If the time for repair or restoration is in excess of one hundred eighty (90) days, Landlord may elect, upon notice to Tenant given within thirty (30180) days after the date of such fire casualty or other casualtythe cost of repair is not covered by Landlord's insurance, Landlord shall elect, in the same notice Tenant, either (i) to repair such damageor restore the Premises or the portion of the building necessary for Tenant's occupancy, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated effect (unless Tenant exercises its right to terminate this Lease as provided below), or (ii) to terminate this Lease, in Section 19a. If Landlord does not so elect to make such repairs, which event this Lease shall terminate as of the date of such fire or other casualty. In the event Landlord is obligated or elects to repair the Premises pursuant to this Section 11 (unless Tenant exercises its right to terminate this Lease as provided below), this Lease shall remain in full force and effect except that, if such damage is not the result of the act or omission of Tenant or Tenant's employees, agents, representatives, contractors or invitees, an abatement of rental shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant (but only to the extent actually not used by Tenant) in the conduct of its business during the time such part is so unusable. Notwithstanding the foregoing, if Landxxxx'x xstimate states that the repair or restoration of the subject casualty damage will take longer than twelve (12) calender months to substantially complete, then Tenant shall have the right to terminate this Lease by written notice delivered to Landlord within five (5) days following the date of Landlord's estimate, and Tenaxx'x xailure to deliver such termination notice shall be deemed an election by Tenant not to terminate the Lease. c. If any other (b) Notwithstanding anything to the contrary contained in this Section 11, in the event of casualty to the Premises or the portion of the Building or Project is totally destroyed or damaged to necessary for Tenaxx'x xccupancy during the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date final 12 months of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.the

Destruction or Damage. a. If If, at any time during the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of GodLease Term, the elements of Facility Premises, or any portion thereof, should be materially damaged or destroyed by any fire or any other casualty, then Tenant shall promptly give written notice thereof to the Landlord. Subject to the rights of any Leasehold Mortgagee, all property insurance proceeds available pursuant to Section 15(hhhh) hereof shall be used to repair and restore the Facility Premises, provided that if the total amount of insurance proceeds for such claims (“Insurance Proceeds”) exceeds $50,000, the same shall be paid into an escrow account, with a single escrow agent which shall be appointed by Tenant’s Leasehold Mortgagee or, if Tenant has no Leasehold Mortgagee, such escrow agent shall be appointed jointly by Landlord and Tenant, both parties agreeing to use reasonable efforts to agree on such appointment. Payments from such escrow account shall conform to the requirements of the Development Agreement for Disbursements of City Funds for Public Costs and in any event made in accordance with usual and reasonable disbursement requirements of the Leasehold Mortgagee. Tenant shall, at its sole cost and expenses, subject to receipt of the provisions Insurance Proceeds, restore, repair and/or rebuild the damaged or destroyed structures and other improvements to the condition that such structures and improvements existed prior to such casualty. Such restorations, repairs, and rebuilding shall be commenced as soon as practicable following the occurrence of this Articlesuch damage or destruction and shall thereafter be prosecuted continuously to completion with diligence. Notwithstanding the foregoing, promptly repair unless the damagedestruction or damage was due to Tenant’s gross negligence or willful misconduct, if such repairs canthe then-existing Lease Term is equal to or less than ten (10) years or the cost of restoring the Facility Premises shall exceed fifty percent (50%) of the replacement cost of the Facility Premises, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed Tenant shall have the right to terminate this Lease by giving the City Representative written notice of Tenant’s election to do so within ninety (90) days, this Lease shall remain in full force and effect, except that if days after the date on which such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agentsdestruction occurred, employees, contractors, licensees or inviteesand upon such notice being given, the Base Rent Lease Term shall be abated to the extent Tenant's use automatically terminate and end effective as of the Premises is impaired, commencing with the date of damage or destruction. If Tenant does terminate the Lease pursuant to this Section 16, subject to the rights of any Leasehold Mortgagee, all Insurance Proceeds payable to Tenant with respect to any casualty at the Facility Premises shall be paid to Tenant and continuing until completion Landlord in equal amounts (i.e., split 50-50). If Landlord or Tenant, as the case may be, failed to maintain the insurance required under Section 15(hhhh) hereof, the amount of the repairs Insurance Proceeds shall be deemed to be the amount Landlord or Tenant, as the case may be, would have collected less normal and customary reimbursement costs had Landlord or Tenant, as the case may be, maintained the insurance required of Landlord under Section 19d. b. 15(hhhh) hereof with a reputable third-party insurer. Quiet Enjoyment . As long as no Tenant Default has occurred and is continuing, Tenant shall peaceably and quietly hold and enjoy the Facility Premises for the Lease Term without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under Landlord, except as otherwise expressly provided in this Lease, and Landlord shall defend Tenant’s possession of the Facility Premises against all parties lawfully or equitably claiming by through or under Landlord. Condemnation . If in Landlord's opinionany part of the Facility Premises is taken by eminent domain or condemnation or voluntarily transferred to a governmental authority under the threat thereof (each, such repairs a “Condemnation Proceeding”), Tenant may, at its sole option, terminate the Lease by giving written notice to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given City Representative within thirty (30) days after the date taking. Landlord and Tenant shall each be entitled to seek a separate award for their respective interests in the Facility Premises. If separate awards are not available, then the single award after deducting the costs of such fire or other casualtycollection, shall be equitably and fairly apportioned between Landlord and Tenant to repair such damagecompensate each for their interest in the Facility Premises. Such apportionment shall be reasonably determined by the mutual agreement of the parties, provided if the parties fail to agree, the matter will be resolved in which event accordance with Section 22 hereof. If at any time during the Lease Term less than the entire Facility Premises shall be taken in any Condemnation Proceeding and Tenant does not otherwise terminate this Lease should continue in full force and effectpursuant to this Section 18, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, then this Lease shall not terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease but shall continue in full force and effecteffect for the remainder of the stated Lease Term, but and Tenant shall continue to perform and observe all of the Base Rent shall terms, covenants, conditions, agreements and obligations of Tenant to be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, performed under this Lease shall terminate as of the date of though such fire or other casualty. d. If the Premises are to be repaired under this Articletaking had not occurred, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. except that Tenant shall be responsible at excused from performing its sole cost and expense obligations hereunder to the extent prevented from doing so by reason of such partial condemnation. In the case of any partial condemnation, notwithstanding any judicial allocation of any award in the Condemnation Proceedings, the proceeds of the award shall be applied as follows: (i) first to reimburse the parties for the repairreasonable costs of collection, restoration and replacement of (ii) any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease excess shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, equitably and any present or future law which purports to govern the rights of fairly apportioned between Landlord and Tenant in such circumstances to compensate each for loss associated with their interest in the absence Facility Premises. Such apportionment shall be reasonably determined by the mutual agreement of express agreementthe parties, provided if the parties fail to agree, the matter shall have no applicationbe governed by Section 22 hereof.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed Completed within ninety (90) days, . Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. If, in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within one hundred eighty (180) days, Tenant-shall have the one-time right to terminate this Lease by providing written notice to Landlord within thirty (30) days after the date of such fire or casualty. If repairs to the Premises are not completed within one hundred eighty (180) days from the initial damage, Tenant shall have a one-time right to terminate this Lease by providing written notice to Landlord within thirty (30) days after the end of the 180-day period. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If If, at any time during the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of GodLease Term, the elements of Facility Premises, or any portion thereof, should be materially damaged or destroyed by any fire or any other casualty, then Tenant shall promptly give written notice thereof to the Landlord. Subject to the rights of any Leasehold Mortgagee, all property insurance proceeds available pursuant to Section 15(ce) hereof shall be used to repair and restore the Facility Premises, provided that if the total amount of insurance proceeds for such claims (“Insurance Proceeds”) exceeds $50,000, the same shall be paid into an escrow account, with a single escrow agent which shall be appointed by Xxxxxx’s Leasehold Mortgagee or, if Tenant has no Leasehold Mortgagee, such escrow agent shall be appointed jointly by Landlord and Tenant, both parties agreeing to use reasonable efforts to agree on such appointment. Payments from such escrow account shall conform to the requirements of the Development Agreement for Disbursements of City Funds for Public Costs and in any event made in accordance with usual and reasonable disbursement requirements of the Leasehold Mortgagee. Tenant shall, at its sole cost and expenses, subject to receipt of the provisions Insurance Proceeds, restore, repair and/or rebuild the damaged or destroyed structures and other improvements to the condition that such structures and improvements existed prior to such casualty. Such restorations, repairs, and rebuilding shall be commenced as soon as practicable following the occurrence of this Articlesuch damage or destruction and shall thereafter be prosecuted continuously to completion with diligence. Notwithstanding the foregoing, promptly repair unless the damagedestruction or damage was due to Tenant’s gross negligence or willful misconduct, if such repairs canthe then-existing Lease Term is equal to or less than ten (10) years or the cost of restoring the Facility Premises shall exceed fifty percent (50%) of the replacement cost of the Facility Premises, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed Tenant shall have the right to terminate this Lease by giving the City Representative written notice of Xxxxxx’s election to do so within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of on which such fire damage or other casualtydestruction occurred, to repair and upon such damagenotice being given, in which event this the Lease should continue in full force Term shall automatically terminate and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate end effective as of the date of such fire damage or other casualty. c. destruction. If any other portion of Tenant does terminate the Building or Project is totally destroyed or damaged Lease pursuant to this Section 16, subject to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) daysrights of any Leasehold Mortgagee, Landlord may elect upon notice all Insurance Proceeds payable to Tenant given within thirty (30) days after with respect to any casualty at the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent Facility Premises shall be partially abated as provided paid to Tenant and Landlord in Section 19aequal amounts (i.e., split 50-50). If Landlord does not elect or Tenant, as the case may be, failed to make such repairsmaintain the insurance required under Section 15(ce) hereof, this Lease shall terminate as the amount of the date of such fire or other casualty. d. If the Premises are Insurance Proceeds shall be deemed to be repaired the amount Landlord or Tenant, as the case may be, would have collected less normal and customary reimbursement costs had Landlord or Tenant, as the case may be, maintained the insurance required under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as Section 15(ce) hereof with a result of any damage from fire or other casualtyreputable third-party insurer. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for XxxxxxTenant's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, can in Landlord's reasonable opinion, be completed within one hundred eighty (90180) ninety days. If Landlord determines that repairs can be completed within ninety one hundred eighty (90180) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualtySee Addendum One - Additional Provisions. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualtySee Addendum One - Additional Provisions. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, . Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effectaffect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees licenses or invitees, the Base Rent and additional rent including all project operating costs shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord or Tenant may elect, upon notice to Tenant the other given within thirty (30) days after the date of such fire or other casualtycasualty to terminate this Lease as of the date of such fire or casualty or agree to have the Landlord repair, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord or Tenant may elect upon notice to Tenant the other given within thirty (30) days after the date of such fire or other casualty, casualty to terminate this Lease as of the date of such fire or casualty or agree to have the Landlord repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Except in the event of willful acts or negligence of Landlord, its employees or agent Tenant shall be responsible at its sole cost and expense for the repair, repair restoration and replacement of any other Tenant provided Leasehold Improvements improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or of other casualty. e. This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project Property by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

Destruction or Damage. a. If the Premises or the portion of the Building necessary for Xxxxxx's occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Article, promptly repair the damage, if such repairs can, in Landlord's opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's Tenants use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19d. b. If in Landlord's opinion, such repairs to the Premises or portion of the Building necessary for Tenant's Tenants occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease should shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. c. If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord's opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19a. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. d. If the Premises are to be repaired under this Article, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant's Property. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. e. This his Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.