Common use of Destruction or Damage Clause in Contracts

Destruction or Damage. A. In the event that the Demised Premises shall be destroyed or damaged or injured by fire or casualty during the term of this Lease, whereby all or a part thereof shall be rendered untenatable, then the LANDLORD shall have the right, to be exercised by notice to TENANT within ten (10) days after casualty, to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice to the other, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty and paid rent refunded. B. No damages, compensation, or claim shall be payable by the LANDLORD for inconvenience, loss of business, 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 exercises its rights to restore the Premises, 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 claims if it is unable to obtain insurance. C. 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 or destruction of the Demised Premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of the rent due for TENANT to the extent of the uncollected insurance proceeds, if any. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s property.

Destruction or Damage. A. In If during the event that term hereof the Building shall be damaged by fire, lightning, tempest, impact of aircraft, acts of God or the Queens' enemies, riots, insurrections, explosions or other casualty, the following provisions shall have effect: (a) If the Demised Premises shall be destroyed or damaged or injured are rendered partially unfit for occupancy by fire or casualty during the term of this Lease, whereby all or a part thereof shall be rendered untenatableTenant and remain so for at least Ten (10) days, then the LANDLORD Minimum Rent shall xxxxx from the date of the damage in part only in the proportion that the part of the Demised Premises so rendered unfit is of the whole of the Demised Premises until the Demised Premises have been repaired or restored; (b) If the right, to be exercised Demised Premises are rendered wholly unfit for occupancy by notice to TENANT within ten the Tenant and remain so for at least Ten (10) days, then the Minimum Rent shall be suspended from the date of the damage until the Demised Premises have been repaired or restored; (c) Notwithstanding the provisions of sub-clause (a) and (b) hereof, if the Demised Premises or Building shall be incapable of being repaid or restored with reasonable diligence within One Hundred Eighty (180) days after casualtyof the happening of the damage, to render such premises tenatable then either the Landlord or the Tenant may, at its option, terminate this lease by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice in writing to the otherother given within Sixty (60) days of the date of the damage, and in if such notice is given, this lease shall cease and become null and void from the event date of such cancellation the rent damage, and the Tenant shall immediately surrender the Demised Premises and all of its interest therein to the Landlord, and the Minimum Rent and Additional Rent shall be paid apportioned and shall be payable by the Tenant only to the date of such fire damage or casualty the date the Tenant ceases to occupy the Demised Premises, whichever last occurs, and paid rent refunded. B. No damagesthe Landlord may renter and repossess the Demised Premises, compensationbut if within the said period of Sixty (60) days neither the Tenant nor the Landlord shall give notice terminating this lease as aforesaid, or claim if within the said period the Landlord and Tenant shall agree not to give such notice, then upon the expiration of the said period of Sixty (60) days or upon the Landlord and Tenant agreeing as aforesaid, whichever shall be payable by the LANDLORD for inconveniencesooner, loss the Landlord shall begin to repair and restore the Demised Premises; (d) The Landlord shall determine within Thirty-Five (35) days whether or not the Demised Premises are capable, with reasonable diligence, of businessbeing repaired or restored within the One Hundred Eighty (180) day period as aforementioned, and the Landlord shall be entitled to rely upon the opinion of a professional independent architect licensed to carry on business in the Province of Alberta in making such determination; and (e) If the Demised Premises are capable with reasonable diligence of being repaired or annoyance arising from any restored within One Hundred Eighty (180) days of the happening of such damage, then the Landlord shall restore or repair the Demised Premises. It is expressly understood and agreed that the obligation of the Landlord to rebuild and restore the Demised Premises shall not extend to or be deemed to include the rebuilding and restoration of any portion of alterations, partitions, equipment or installations made by the Tenant to the Demised Premises or of the building pursuant to this paragraph. If the LANDLORD exercises its rights to restore the Premises, 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 claims if it is unable to obtain insurance. C. 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 or destruction of the Demised Premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of the rent due for TENANT to the extent of the uncollected insurance proceeds, if any. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s property.

Destruction or Damage. A. In the event that the Demised Premises shall be destroyed or damaged or injured by fire or casualty during the term of this Lease, whereby all or a part thereof shall be rendered untenatableuntenantable, then the LANDLORD shall have the right, to be exercised by notice to TENANT within ten thirty (1030) days after casualty, to render such premises tenatable tenantable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s 's reasonable control. If said Premises are not rendered tenatable tenantable within said time, it shall, be optionable optional with either party hereto to cancel this leaseLease, by written notice to the other, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty and paid rent refunded. During any time that the Demised Promises are untenantable due to causes set forth in this paragraph, the rent or a just and fair proportion thereof shall be abated. B. If the Demised Premises 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 rent and other payment required under this Lease according to TENANT's ability to use the Premises from the date of such damage until said Premises are completely reinstated or restored. If damage to the Demised Premises in excess of $25,000.00 shall occur within the last year of the initial term or the option extension period provided for herein, the obligation of the LANDLORD to restore the Premises shall not arise unless TENANT shall give notice to 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 damage until the Premises are completely reinstated and restored. C. No damages, compensation, or claim shall be payable by the LANDLORD for inconvenience, loss of business, 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 to, restore the Premises, then LANDLORD shall use its best efforts not to unreasonably interfere with the TENANT’s 's use and occupancy. Notwithstanding anything to the contrary, contrary the LANDLORD shall not be liable for damages or claims if it is unable to obtain insurance. C. 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 or destruction of the Demised Premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s 's remedies available against TENANT, there shall be no abatement of the rent due for from TENANT to the extent of the uncollected insurance proceeds, if any. D. E. LANDLORD will not carry separate insurance of any kind covering TENANT’s 's property. The Except by reason of LANDLORD's breach of any of its obligations hereunder or by operation of law the LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s 's property.

Destruction or Damage. A. In the event that either of the Demised Premises Properties shall be destroyed or damaged or injured destroyed by fire or any other casualty during ("Casualty") prior to the term Closing, Seller shall give Purchaser written notice of such event, which notice shall include a description of the Casualty in reasonable detail, an estimate of the cost of repair or restoration thereof and a description of any effect thereof upon any existing Space Leases. In the event the Premises shall suffer a Casualty less than "substantial destruction", as defined below, this LeaseContract shall remain in full force and effect and on the Closing Seller shall transfer and/or assign to Purchaser any and all monies and claims (including, whereby all without limitation, Purchaser's share of any monies and claims relating to the value of lost rentals) received by or a part thereof accrued to Seller on account of such Casualty, less such sums, if any, as shall have been expended by Seller (with Purchaser's consent, except in cases of repairs to correct imminently dangerous conditions for which no consent shall be rendered untenatablerequired) in connection with the repair or restoration of such Casualty, then and there shall be credited towards the LANDLORD Purchase Price the amount of any deductible under the insurance policy covering such Casualty. In the event of substantial destruction of either of the Properties, Purchaser shall have the rightoption, to be exercised by notice to TENANT within ten (10) days after casualty, to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, exercisable by written notice to Seller not later than fifteen (15) days after the later of (y) the giving of Seller's notice required pursuant to the first sentence of this subparagraph (i), or (z) the determination of the cost to repair or restore pursuant to the last sentence of this subparagraph (i), to cancel this Contract. If Purchaser so elects to cancel this Contract, the Deposit (and the Additional Deposit, if applicable) and the Promissory Note (and the Additional Promissory Note, if applicable) shall be promptly returned to Purchaser and this Contract shall be deemed cancelled and of no force and effect and neither party shall have any further rights or liabilities against or to the other. If Purchaser does not so elect to cancel this Contract, this Contract shall remain in full force and in effect and on the event Closing Seller shall transfer and/or assign to Purchaser any and all monies and claims (including, without limitation, Purchaser's share of any monies and claims relating to the value of lost rentals) received by or accrued to Seller on account of such cancellation the rent substantial destruction, less such sums, if any, that shall have been expended by Seller (with Purchaser's consent, except in cases of repairs to correct imminently dangerous conditions for which no consent shall be paid only to required) in connection with the date of such fire or casualty and paid rent refunded. B. No damages, compensation, or claim shall be payable by the LANDLORD for inconvenience, loss of business, 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 exercises its rights to restore the Premisessuch Casualty, 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 claims if it is unable to obtain insurance. C. 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 or destruction of the Demised Premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of credited towards the rent due for TENANT to Purchase Price the extent of the uncollected insurance proceeds, if any. D. LANDLORD will not carry separate insurance amount of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s property.deductible under

Destruction or Damage. A. In Section 18.1 If the event that Building or the Demised Premises shall be destroyed partially or totally Section 18.2 If the Common Elements shall be partially damaged or injured partially destroyed by fire or other casualty (including water or smoke damage), Occupancy Charges payable hereunder shall be abated to the extent that the Demised Premises or Common Elements shall have been rendered untenantable thereby for the period from the date of such damage or destruction to the date the damage to the Common Elements shall be repaired or the destruction restored and the Demised Premises are made available to Tenant in tenantable condition. Should Tenant continue to occupy or reoccupy a portion of the Demised Premises for the conduct of its business during the term of this Leaseperiod such work is taking place and prior to the date that the entire Demised Premises are made tenantable, whereby all or a part thereof the Occupancy Charges allocable to such portion shall be rendered untenatable, then payable by Tenant from the LANDLORD shall have the right, to be exercised by notice to TENANT within ten (10) days after casualty, to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice to the other, and in the event date of such cancellation the rent shall be paid only occupancy to the date of such fire or casualty tenantability of the whole Demised Premises and paid rent refundedCommon Elements. B. Section 18.3 No damages, compensation, compensation or claim shall be payable by Landlord or the LANDLORD Board of Managers for inconvenience, loss of business, business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the building Common Elements pursuant to this paragraph. If the LANDLORD exercises its rights to restore the Premises, 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 claims if it is unable to obtain insuranceArticle 18. C. Notwithstanding any of the Section 18.4 The provisions of the foregoing, if the LANDLORD or the holder this Article shall be considered an express agreement governing any case of any superior mortgage, as defined hereafter is unable to collect all of the insurance proceeds, if any, applicable to the damage or destruction of the Demised Premises or of the building by fire or some other casualty or causecasualty, by reason of some action or inaction on the part and Section 227 of the TENANTReal Property Law of the State of New York, its agentsproviding for such a contingency in the absence of an express agreement, employees, or contractors then without prejudice to and any other law of LANDLORD’s remedies available against TENANTlike import, there now or hereafter in force, shall be have no abatement application in such case. Section 18.5 Notwithstanding any of the rent due for TENANT foregoing provisions of this Article, Tenant shall, without expense to Tenant, cooperate and use all reasonable efforts to aid Landlord or the extent Board of Managers or any superior lessor or any superior mortgagee to collect all of the uncollected insurance proceeds (including rent insurance proceeds, if any. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any ) applicable to damage or destruction of the replacement of TENANT’s propertyCommon Elements by fire or other cause.

Destruction or Damage. A. In case of any casualty to the event that Building or the Demised Premises, Tenant shall promptly give written notice thereof to Landlord. Landlord shall, at its expense but only to the extent of available insurance proceeds disbursed to Landlord, restore, repair and rebuild or alter the Premises as nearly as practicable to its condition and character immediately prior to such damage or destruction. Such restoration, repairs, replacements, or rebuilding shall be destroyed or damaged or injured by fire or casualty during the commenced and prosecuted with reasonable diligence. The term of this Lease, whereby all or a part thereof Lease shall be rendered untenatableextended by the period of time Tenant is prevented from occupying the Premises during the course of the repair, rebuilding or restoration of the Premises. Within sixty (60) days or sooner of such casualty, Landlord shall provide a schedule for rebuilding and restoration and if such schedule determines that Landlord cannot complete the restoration and repair of the Premises within nine (9) months after such fire or other casualty, then Tenant may terminate this Lease and Tenant's liability for rent and all liability of the LANDLORD Landlord under this Lease shall have cease upon Tenant's termination of said Lease. If the right, to be exercised by notice to TENANT within ten (10) days after casualty, to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of GodPremises, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not portion thereof, is rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice untenantable due to the otheroccurrence of casualty, and in the event of such cancellation the all rent shall be paid only equitably abated by Landlord from the date of such casualty to the date of such fire restoration or casualty and paid rent refunded. B. No damagesrepair by Landlord. Subject to the terms hereof, compensation, no destruction of or claim shall be payable by damage to the LANDLORD for inconvenience, loss of business, 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 exercises its rights to restore the Premises, 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 claims if it is unable to obtain insurance. C. 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 or destruction of the Demised Premises or of the building part thereof by fire or some any other casualty shall permit Tenant to surrender or cause, terminate this Lease and Tenant waives any rights now or hereafter conferred upon it by reason of some action statute or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice otherwise to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of the rent due for TENANT to the extent of the uncollected insurance proceeds, if any. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage quit and surrender this Lease or the replacement of TENANT’s propertyBuilding or any part thereof.

Destruction or Damage. A. In the event that the Demised Premises shall be destroyed or any Facility is damaged or injured by fire destroyed prior to the Closing Date, Prudential shall notify Meridian in writing of such fact promptly after obtaining knowledge thereof. If any such damage or casualty during destruction (a) would cost less than or equal to One Hundred Thousand Dollars ($100,000.00) to repair or restore, and (b) would not give any tenant thereof the term of this right to terminate or materially alter its Lease, whereby then this Agreement shall remain in full force and effect and Meridian shall acquire the affected Facility together with the remaining Facilities upon the terms and conditions set forth herein. In such event, Meridian shall receive a credit against the Acquisition Cash portion of the Purchase Price equal to the deductible amount applicable under Prudential's casualty policy (less all costs and expenses, including attorneys' fees and costs, incurred by Prudential as of the Closing Date in connection with the negotiation and/or settlement of the casualty claim with the insurer (the "REALIZATION COSTS")), and Prudential shall assign to Meridian all of Prudential's right, title and interest in and to all proceeds of insurance on account of such damage or destruction. In the event a part thereof shall be rendered untenatableFacility is damaged or destroyed prior to the Closing Date and as a result either (a) the cost of repair would cost more than One Hundred Thousand Dollars ($100,000.00) or (b) any tenant with respect to such Facility would have the right to terminate or materially alter its Lease, then then, notwithstanding anything to the LANDLORD contrary set forth above in this section, Meridian shall have the right, at its election, to be exercised by notice to TENANT within ten terminate this Agreement. Meridian shall have thirty (1030) days after casualty, to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice to the other, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty and paid rent refunded. B. No damages, compensation, or claim shall be payable by the LANDLORD for inconvenience, loss of business, 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 exercises its rights to restore the Premises, 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 claims if it is unable to obtain insurance. C. 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 or destruction of the Demised Premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of the rent due for TENANT to the extent of the uncollected insurance proceeds, if any. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s property.Prudential notifies Meridian

Destruction or Damage. A. In (A) If, during the event that Term of this Lease or any extension thereto, the Demised Premises shall be destroyed or is damaged or injured by fire or casualty during any other casualty, including, without limitation, natural disaster, and not occurring through the term intentional or negligent acts or omissions of this LeaseTenant or those claiming under Tenant, whereby all or a part thereof their employees respectively, Tenant shall promptly notify Landlord and Landlord shall repair the damaged portions of the Premises, including any improvements or alterations made by Landlord (but not any of Tenant's property therein or improvements or alterations made by Tenant). If, however, in Landlord's reasonable judgment, the damage would require more than 240 days (120 if not specified) of work to repair, or if the insurance proceeds (excluding rent insurance) that Landlord anticipates receiving must be rendered untenatableapplied to repay any mortgages encumbering the improvements, then or are otherwise inadequate to pay the LANDLORD costs of such repair, Landlord shall have the right, right to be exercised terminate this Lease by so notifying Tenant. Such notice to TENANT within ten (10) days after casualty, to render such premises tenatable by repairs within shall specify a termination date not less than 90 days therefrom subject (30 if not specified) after its receipt by Tenant. (B) If the damage to extension for delays faced by LANDLORD due the Premises is only partial and such that the Premises can be restored to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s its former condition within a reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice to the otherLandlord may enter and repair, and in the event of such cancellation the rent this Lease shall not be affected, except that Base Rent shall be paid only to the date of apportioned and suspended while such fire or casualty and paid rent refunded. B. No damages, compensation, or claim shall be payable by the LANDLORD for inconvenience, loss of business, or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the building pursuant to this paragraphrepairs are being made. If the LANDLORD exercises its rights to restore the Premises, then LANDLORD shall use its best efforts Premises is so slightly damaged by fire or other casualty as mentioned above so as not to unreasonably interfere with render the TENANT’s use and Premises unfit for occupancy. Notwithstanding anything to , Landlord agrees the contrary, the LANDLORD same shall be promptly repaired. (C) Landlord shall not be liable for damages any damage, compensation or claims if it is unable to obtain insurance. C. Notwithstanding claim by reason of inconvenience or annoyance from the necessity of repairing any portion of the provisions Premises, or improvements thereon, the interruption and the use of the foregoingPremises, if the LANDLORD or the holder termination of any superior mortgage, as defined hereafter is unable to collect all this Lease by reason of the insurance proceeds, if any, applicable to the damage or destruction of the Demised Premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of the rent due for TENANT to the extent of the uncollected insurance proceeds, if anyPremises. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s property.

Destruction or Damage. A. (a) In the event that the Demised Premises shall be destroyed or a portion of the Building is damaged or injured by fire or casualty other insured casualty, Landlord shall diligently repair the same to the extent possible with the insurance proceeds received by Landlord, subject to the provisions of this Section hereinafter set forth, if such repairs can in Landlord’s opinion be made within ninety (90) days after issuance of a building permit therefore under the laws and regulations of federal, state and local governmental authorities having jurisdiction thereof. In such event 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, contractors, employees, subtenants, licensees, invitees or visitors, an abatement of Basic Rent shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the term time such part is so unusable. Notwithstanding the foregoing, if such damage shall occur during the final year of the Term of this Lease, whereby all or a part thereof Landlord shall not be rendered untenatableobligated to repair such damage, then the LANDLORD shall have the right, but may instead elect to be exercised by terminate this Lease upon written notice given to TENANT Tenant within ten thirty (1030) days after casualty, to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice to the other, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty and paid rent refundedother casualty, in which event this Lease shall terminate as of the termination date specified in Landlord’s notice. B. No damages(b) If such repairs cannot in Landlord’s opinion be made within ninety (90) days after issuance of a building permit therefore or if such damage is uninsured, compensationLandlord may elect on notice to Tenant given within sixty (60) days after the date of such fire or other casualty to (i) repair or restore such damage, or claim in which event this Lease shall continue in full force and effect, but Basic Rent shall be payable by the LANDLORD for inconvenience, loss of business, partially abated as provided in this Section 11(a) or annoyance arising from any repair or restoration of any portion (ii) terminate this Lease in which event this Lease shall terminate as of the Demised Premises or termination date specified in Landlord’s notice. (c) A total destruction of the building pursuant to Building automatically shall terminate this paragraphLease. If Landlord and Tenant acknowledge that this Lease constitutes the LANDLORD exercises its rights to restore entire agreement of the Premisesparties regarding events of damage or destruction, 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 claims if it is unable to obtain insurance. C. Notwithstanding any of Tenant waives the provisions of California Civil Code Sections 1932(2) and 1933(4) and any similar statute now or hereafter in force. (d) If the foregoingPremises are to be repaired under this Section, if the LANDLORD Landlord shall repair at its cost any injury or the holder of any superior mortgage, as defined hereafter is unable to collect all of the insurance proceeds, if any, applicable damage to the damage Building itself and Tenant Standard Improvements in the Premises (or destruction improvements with a value equivalent to Tenant Standard Improvements, which Landlord and Tenant agree to be thirty five dollars ($35.00) per square foot of Rentable Area). Tenant shall pay the Demised cost of repairing or replacing all other improvements in the Premises or of the building by fire or some and Xxxxxx’s trade fixtures, furnishings, equipment and other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of the rent due for TENANT to the extent of the uncollected insurance proceeds, if any. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s personal property.

Destruction or Damage. A. In Section 18.1 If the event that Building or the Demised Premises shall be destroyed partially or totally Section 18.2 If the Common Elements shall be partially damaged or injured partially destroyed by fire or other casualty (including water or smoke damage), Occupancy Charges payable hereunder shall be abated to the extent that the Demised Premises or Common Elements shall have been rendered untenantable thereby for the period from the date of such damage or destruction to the date the damage to the Common Elements shall be repaired or the destruction restored and the Demised Premises are made available to Tenant in tenantable condition. Should Tenant continue to occupy or reoccupy a portion of the Demised Premises for the conduct of its business during the term of this Leaseperiod such work is taking place and prior to the date that the entire Demised Premises are made tenantable, whereby all or a part thereof the Occupancy Charges allocable to such portion shall be rendered untenatable, then payable by Tenant from the LANDLORD shall have the right, to be exercised by notice to TENANT within ten (10) days after casualty, to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceeds, labor trouble, governmental controls, so-called acts of God, or any other cause beyond LANDLORD’s reasonable control. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice to the other, and in the event date of such cancellation the rent shall be paid only occupancy to the date of such fire or casualty tenantability of the whole Demised Premises and paid rent refundedCommon Elements. B. Section 18.3 No damages, compensation, compensation or claim shall be payable by Landlord or the LANDLORD Board of Managers for inconvenience, loss of business, business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the building Common Elements pursuant to this paragraph. If the LANDLORD exercises its rights to restore the Premises, 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 claims if it is unable to obtain insuranceArticle 18. C. Notwithstanding any of the Section 18.4 The provisions of the foregoing, if the LANDLORD or the holder this Article shall be considered an express agreement governing any case of any superior mortgage, as defined hereafter is unable to collect all of the insurance proceeds, if any, applicable to the damage or destruction of the Demised Premises or of the building by fire or some other casualty or causecasualty, by reason of some action or inaction on the part and Section 227 of the TENANTReal Property Law of the State of New York, its agentsproviding for such a contingency in the absence of an express agreement, employees, or contractors then without prejudice to and any other law of LANDLORD’s remedies available against TENANTlike import, there now or hereafter in force, shall be have no abatement application in such case. Section 18.5 Notwithstanding any of the rent due for TENANT foregoing provisions of this Article, Tenant shall, without expense to the extent of the uncollected insurance proceedsTenant, if any. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage cooperate and use all reasonable efforts to aid Landlord or the replacement of TENANT’s property.the

Destruction or Damage. A. In If the event that Premises or any common areas of the Demised Premises Property providing access thereto shall be destroyed or damaged or injured by fire or casualty other casualty, Landlord shall use available insurance proceeds to restore the same. Such restoration shall be to substantially the condition prior to the casualty, except for modifications required by zoning and building codes and other Laws or by any Holder (as defined in Article 26), any other modifications to the common areas deemed desirable by Landlord (provided access to the Premises is not materially impaired), and except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishings, fixtures or equipment, or any alterations or improvements in excess of any work performed or paid for by Landlord under any separate agreement signed by the parties in connection herewith. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from any such damage or the repair thereof. However, Landlord shall allow Tenant a proportionate abatement of Base Rent and Tenant's Prorata Share of Operating Expenses and Taxes during the term time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof; provided, however, if Tenant or its employees or agents caused the damage such rent abatements if applicable, shall not commence until sixty (60) days following the date of the damage or casualty. Notwithstanding the foregoing to the contrary, Landlord may elect to terminate this Lease by notifying Tenant in writing of such termination within sixty (60) days after the date of damage (such termination notice to include a termination date providing at least ninety (90) days for Tenant to vacate the May 7, 1999 Premises) if the Property shall be damaged by fire or other casualty or cause such that: (a) repairs to the Premises and access thereto cannot reasonably be completed within 120 days after the casualty without the payment of overtime or other premiums, (b) more than 25% of the Premises is affected by the damage, and fewer than 24 months remain in the Term, or any material damage occurs to the Premises during the last 12 months of the Term; provided, however, Landlord shall not have the right to terminate this Lease pursuant to this subsection during the initial Term if Tenant has exercised its right to extend the Term in accordance with the terms of this Lease, whereby all Lease or a part thereof shall be rendered untenatable, then Tenant exercises such right to extend the LANDLORD shall have Term (to the right, to be exercised by notice to TENANT extent applicable as set forth herein) within ten (10) business days after casualtyLandlord notifies Tenant in writing of its election to terminate this Lease, (c) any Holder shall require that the insurance proceeds or any portion thereof be used to render such premises tenatable by repairs within 90 days therefrom subject to extension for delays faced by LANDLORD due to adjustment of insurance proceedsretire the Mortgage debt (or shall terminate the ground lease, labor trouble, governmental controls, so-called acts of Godas the case may be), or any other cause beyond LANDLORD’s reasonable controlthe damage is not fully covered by Landlord's insurance policies, or (d) the cost of the repairs, alterations, restoration or improvement work would exceed 25% of the replacement value of the Building, or the nature of such work would make termination of this Lease necessary or convenient. If said Premises are not rendered tenatable within said time, it shall, be optionable with either party hereto cancel this lease, by written notice Tenant agrees that Landlord's obligation to the otherrestore, and the abatement of Rent provided herein, shall be Tenant's sole recourse in the event of such cancellation damage, and waives any other rights Tenant may have under any applicable Law to terminate the rent shall Lease by reason of damage to the Premises or Property; provided, however, if in Landlord's reasonable opinion the Premises cannot be paid only restored within six (6) months after the casualty and if such damage materially and adversely affects Tenant's use of the Premises or if any material damage occurs to the Premises (such that repairs to the Premises and access thereto cannot reasonably be completed within 120 days after the casualty) during the last 12 months of the Term, Tenant may (unless Tenant or its employees, contractors or agents caused the damage) elect to terminate this Lease by delivering written notice thereof to Landlord within sixty (60) days after the date of such fire or casualty and paid rent refunded. B. No damagesdamage, compensation, or claim in which event this Lease shall be payable by the LANDLORD for inconvenience, loss of business, or annoyance arising from any repair or restoration of any portion terminate as of the Demised Premises or termination date specified in such notice and any obligation of the building pursuant to this paragraph. If the LANDLORD exercises its rights Landlord to restore the Premises, then LANDLORD Premises shall use its best efforts not to unreasonably interfere with cease. Tenant acknowledges that this Article represents the TENANT’s use and occupancy. Notwithstanding anything entire agreement between the parties respecting damage to the contraryPremises or Property, the LANDLORD shall not be liable for damages or claims if it is unable to obtain insurance. C. Notwithstanding any of and Tenant waives the provisions of the foregoing, if the LANDLORD California Civil Code Section 1932(2) and 1933(4) and any similar statute now 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 or destruction of the Demised Premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, its agents, employees, or contractors then without prejudice to any other of LANDLORD’s remedies available against TENANT, there shall be no abatement of the rent due for TENANT to the extent of the uncollected insurance proceeds, if anyin force. D. LANDLORD will not carry separate insurance of any kind covering TENANT’s property. The LANDLORD shall not be liable for the repair of any damage or the replacement of TENANT’s property.

Destruction or Damage. A. In the event that the Demised Premises demised premises shall be destroyed or damaged or injured by fire or other casualty during the term of this Lease, whereby all or a part thereof shall be rendered untenatableuntenantable, then the LANDLORD Landlord shall have the right, right to be exercised by notice to TENANT within ten (10) days after casualty, to render make such premises tenatable tenantable by repairs repair within 90 sixty (60) days therefrom subject to extension for delays faced by LANDLORD Landlord due to adjustment of insurance proceeds, labor trouble, governmental controls, so-so called acts Acts of God, or any other cause beyond LANDLORD’s Landlord's reasonable control, but not to exceed ninety (90) days. If in Landlord's sole opinion, which must be rendered within thirty (30) days of the damage the premises are not capable of being rendered tenantable within said Premises time or if in fact the premises are not rendered tenatable tenantable within said time, it shall, be optionable with time either party hereto shall have the option to cancel this leaseLease, by written notice to the other, and in the event of such cancellation the rent rental shall be paid only to the date of such fire or casualty and paid rent refunded. B. . During any time that the demised premises are untenantable due to causes set forth in this paragraph, the rent or a just and fair proportion thereof shall be abated. No damages, compensation, compensation or claim shall be payable by the LANDLORD Landlord for inconvenience, loss of business, business or annoyance arising from any repair or restoration of any portion of the Demised Premises demised premises or of the building pursuant to this paragraph. If the LANDLORD exercises its rights to restore the Premises, then LANDLORD Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to unreasonably interfere with the TENANT’s Tenant's use and occupancy. Notwithstanding anything to the contrary, the LANDLORD shall not be liable for damages or claims if it is unable to obtain insurance. C. Notwithstanding any of the following provisions of the foregoingthis paragraph, if Landlord, or the LANDLORD lessor of any superior lease or the holder of any superior mortgage, as defined hereafter hereinafter, is unable to collect all of the insurance proceeds (including rent insurance proceeds, if any, ) applicable to the damage or destruction of the Demised Premises demised premises or of the building by fire or some other casualty or cause, by reason of some action or inaction on the part of the TENANT, Tenant or any of its agents, employees, agents or contractors then contractors, then, without prejudice to any other of LANDLORD’s remedies which may be available against TENANTTenant, there shall be no abatement of Tenant's rent, but the rent due for TENANT to total amount of such rents not abated (which would otherwise have been abated) shall not exceed the extent amount of the uncollected insurance proceeds, if any. D. LANDLORD . Landlord will not carry separate insurance of any kind covering TENANT’s on Tenant's property. The LANDLORD , and except as provided by law or by reason of its fault or its breach of any of its obligations hereunder, shall not be liable for the obligated to repair of any damage thereto or replace the replacement of TENANT’s propertysame.