Common use of FIRE AND CASUALTY DAMAGE Clause in Contracts

FIRE AND CASUALTY DAMAGE. If at any time after the execution hereof, the Leased Premises shall be wholly or substantially destroyed or damaged by fire, the elements, or casualty, Tenant shall give immediate written notice thereof to Landlord. If the Leased Premises are totally or substantially destroyed, then either party hereto may, at its option, terminate this Lease by giving written notice thereof to the other party within thirty (30) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) of the Leased Premises] whereby the Tenant shall be deprived of the occupancy of only a portion of the Leased Premises, and if the function of Tenant's business is not substantially impaired, this Lease shall not terminate; but a proportionate allowance shall be made from the Fixed Rent during such period in the proportion which the number of square feet of the Leased Premises which the Tenant is deprived of by such damage and the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the event, however, that the Leased Premises cannot be replaced, repaired or restored within one hundred twenty (120) days from the fire or casualty, or if Landlord elects not to make and complete said replacement, repairs, and restoration within said one hundred twenty (120) day period, Tenant, upon notice in writing to Landlord, may terminate this Lease and surrender possession of said premises to Landlord and thereupon this Lease shall terminate and be void and Tenant shall not be required to pay or be liable for any rent from the date of said fire or casualty.

FIRE AND CASUALTY DAMAGE. A. If at any time after the execution hereof, Premises or the Leased building of which the Premises shall are a part should be wholly damaged or substantially destroyed by fire or damaged by fire, the elements, or casualtyother peril, Tenant immediately shall give immediate written notice thereof to Landlord. If the Leased buildings situated upon the Premises or of which the Premises are a part should be totally destroyed by any peril covered by the insurance to be provided by Landlord under Paragraph 9A above, or substantially destroyedif they should be so damaged thereby that, then either party hereto mayin Landlord's estimation, at its option, terminate this Lease by giving written notice thereof to the other party rebuilding or repairs cannot be completed within thirty one hundred eighty (30180) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) damage, this Lease shall terminate and the rent shall be abated during the unexpired portion of this Lease effective upon the date of the Leased Premises] whereby occurrence of such damage. B. If the Tenant shall buildings situated upon the Premises or of which the Premises are a part, should be deprived of damaged by any peril covered by the occupancy of only a portion of the Leased Premisesinsurance to be provided by Landlord under Paragraph 9A above, and if in Landlord's estimation, rebuilding or repairs can be substantially completed within one hundred eighty (180) days after the function date of Tenant's business is not substantially impairedsuch damage, this Lease shall not terminate; but a proportionate allowance , and Landlord shall be made from restore the Fixed Rent during such period Premises to Landlord Tenant -------------- Language indicated as being shown by strike out in the proportion which typeset document is enclosed in brackets "[" and "]" in the number of square feet electronic format. substantially its previous condition, except that Landlord shall not be required to rebuild, repair or replace any part of the Leased partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in, or about the Premises which or for the Tenant is deprived of benefit of; or by or for Tenant. If such damage repairs and the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the event, however, that the Leased Premises canrebuilding have not be replaced, repaired or restored been substantially completed within one hundred twenty eighty (120180) days from after the fire or casualty, or if Landlord elects not date of such damage (subject to make and complete said replacement, repairs, and restoration within said one hundred twenty (120) day perioddelays outside of Landlord's control), Tenant, upon notice in writing to Landlordas Tenant's exclusive remedy, may terminate this Lease and surrender possession by delivering written notice of said premises termination to Landlord in which event the rights and thereupon obligations hereunder shall cease and terminate. In the event of any insurance claim, Tenant shall be liable for payment of any deductible under any of Landlord's insurance policies with respect to the premises. C. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made known by any such holder, whereupon all rights and obligations hereunder shall cease and terminate. D. Anything in this Lease to the contrary notwithstanding, Landlord and Tenant hereby waive and release each other of and from any and all rights of recovery, claim, action or cause of action, against each other, their agents, officers and employees, for any loss or damage that may occur to the Premises, improvements to the building of which the Premises are a part, or personal property (building contents) within the building and/or Premises, for any reason regardless of cause or origin. Each party to this Lease agrees immediately after execution of this Lease to give each insurance company, which has issued to it policies of fire and extended coverage insurance, written notice of the terms of the mutual waivers contained in this subparagraph, and if necessary, to have the insurance policies properly endorsed. E. If the Premises are damaged by any peril not covered by the insurance to be provided by Landlord under paragraph 9A above and the cost to repair such damage exceeds any amount Tenant may elect to contribute, Landlord may elect either to commence to repair and restore the Premises, in which event this Lease shall terminate remain in full force and be void effect, or not to repair and Tenant restore the Premises, in which event this Lease shall not be required to pay or be liable for any rent from the date of said fire or casualtyterminate.

FIRE AND CASUALTY DAMAGE. A. If at any time after the execution hereofPremises or the Building should be damaged or destroyed by fire or other peril, the Leased Premises shall be wholly or substantially destroyed or damaged by fire, the elements, or casualty, Tenant Lessee immediately shall give immediate written notice thereof to LandlordLessor. If the Leased building situated upon the Premises or of which the Premises are totally a part should be damaged or substantially destroyeddestroyed by any peril covered by the insurance to be provided by Lessor under Paragraph 9A above, then either party hereto mayand in Lessor's estimation, at its option, terminate this Lease by giving written notice thereof to the other party rebuilding or repairs cannot be completed within thirty one hundred eighty (30180) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) damage, Lessee may elect to terminate this Lease and the Base Rent and additional rental shall be abated during the unexpired portion of this Lease, effective upon the date of the Leased Premises] whereby occurrence of such damage. B. If the Tenant shall Building should be deprived of damaged by any peril covered by the occupancy of only a portion of the Leased Premisesinsurance to be provided by Lessor under Paragraph 9A above, and if in Lessor's estimation, rebuilding or repairs can be substantially completed within one hundred eighty (180) days after the function date of Tenant's business is not substantially impairedsuch damage, this Lease shall not terminate; but a proportionate allowance , and Lessor shall restore the Premises to substantially its previous condition, except that Lessor shall not be made from the Fixed Rent during such period in the proportion which the number of square feet required to rebuild, repair or replace any part of the Leased partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises which for the Tenant is deprived of by benefit of, or by, or for, Lessee. If such damage repairs and the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the event, however, that the Leased Premises canrebuilding have not be replaced, repaired or restored been substantially completed within one hundred twenty eighty (120180) days from after the fire or casualtydate of such damage, or if Landlord elects not to make and complete said replacementLessee, repairs, and restoration within said one hundred twenty (120) day period, Tenant, upon notice in writing to Landlordas Lessee's exclusive remedy, may terminate this Lease by delivering written notice of termination to Lessor in which event the rights and surrender possession obligations hereunder shall cease and terminate. For purposes of said premises this Paragraph 10B, if Lessee reasonably determines that the Premises are not suitable for Lessee's intended use in whole or in part following such damage, the Base Rent and additional rental payable hereunder during the period in which Lessee reasonably determines that the Premises are not usable shall be reduced (i) according to Landlord the square footage of the unusable area contained in the Premises, as reasonably determined by Lessee, or (ii) to such extent as may be fair and thereupon reasonable under the circumstances, as reasonably determined by Lessee. C. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that the insurance proceeds be applied to such indebtedness, then Lessor shall have the right to terminate this Lease by delivering written notice of termination to Lessee within fifteen (15) days after such requirement is made known by any such holder, whereupon all rights and obligations hereunder shall terminate cease and be void and Tenant shall not be required to pay or be liable for any rent from the date of said fire or casualtyterminate.

FIRE AND CASUALTY DAMAGE. If at any time after the execution hereof, the Leased Premises of Landlord's Improvements shall be wholly damaged or substantially destroyed by fire or damaged by fire, the elements, or other casualty, Tenant shall give immediate written notice thereof to Landlord. If the Leased Premises are totally or substantially destroyed, then either party hereto may, at its option, terminate this Lease by giving written notice thereof to the other party within thirty (30) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) of the Leased Premises] whereby the Tenant shall be deprived of the occupancy of only a portion of the Leased Premises, and if the function of Tenant's business is not substantially impaired, this Lease shall not terminate; but a proportionate allowance shall be made from the Fixed Rent during such period in the proportion which the number of square feet of the Leased Premises which the Tenant is deprived of by such damage and the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the event, however, that the Leased Premises cannot be replaced, repaired or restored within one hundred twenty (120) days from the date of said damage or destruction, shall make all alterations and repairs to Landlord's Improvements which are necessary to restore the Landlord's Improvements to the same condition as existed prior to the fire or casualtycasualty so the Tenant may make the same use thereof as that which was in effect immediately prior to such fire or other casualty loss, provided, however, in the event that Landlord's Improvements are damaged to an extent greater than 50% of the then fair market value thereof and less than two years then remain during the term of this Lease, Landlord shall have the right to terminate this Lease upon 30 days' prior written notice to Tenant provided that this Lease shall not be terminated in the event that Tenant, within said 30-day period, gives written notice to Landlord that it has exercised its option, if any, to extend the term of this Lease for the then extended term which is provided for under paragraph 27 hereof. In the event that the Leased Premises are rendered untenantable, in whole, or if Landlord elects in part, by any said damage or destruction, all base rent and additional rent shall xxxxx proportionately to the extent and duration of untenantability. If Landlord's Improvements cannot to make be restored and complete said replacement, repairs, and restoration repaired within said one hundred twenty (120) day periodday-period because of delay caused by strikes, Tenantacts of God, upon insurrection, civil commotion, riots, or unavoidable casualty, that prohibit, limit or delay such construction, then the time for completion of such construction shall be extended accordingly, provided, however, that in any event, if the restorations and repairs of Landlord's Improvements have not been completed within a period of one hundred eighty (180) days from the date of such damage or `destruction, either party hereto, by written notice in writing to Landlordthe other given within 210 days after the date of said damage or destruction, may terminate this Lease and surrender possession effective with the giving of said premises to Landlord and thereupon this Lease shall terminate and be void and Tenant shall not be required to pay or be liable for any rent from the date of said fire or casualtynotice.

FIRE AND CASUALTY DAMAGE. A. If at any time after the execution hereof, Premises or the Leased building of which the Premises shall are a part should be wholly damaged or substantially destroyed by fire or damaged by fire, the elements, or casualtyother peril, Tenant immediately shall give immediate written notice thereof to Landlord. If the Leased buildings situated upon the Premises or of which the Premises are a part should be totally destroyed by any peril covered by the insurance to be provided by Landlord under Paragraph 9A above, of if they should be so damaged thereby that, in Landlord's reasonable estimation, rebuilding or substantially destroyed, then either party hereto may, at its option, terminate this Lease by giving written notice thereof to the other party repairs cannot be completed within thirty one hundred fifty (30150) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) damage, this Lease shall terminate and the rent shall be abated during the unexpired portion of this Lease effective upon the date of the Leased Premises] whereby the occurrence of such damage; provided, that Landlord shall give Tenant shall be deprived written notice of the occupancy occurrence of only a portion such determination within thirty (30) days of the Leased Premisesevent causing the damage. B. If the buildings situated upon the Premises or of which the Premises are a part, should be damaged by any peril covered by the insurance to be provided by Landlord under Paragraph 9A above, and if in Landlord's estimation, rebuilding or repairs can be substantially completed within one hundred fifty (150) days after the function date of Tenant's business is not substantially impairedsuch damage, this Lease shall not terminate; but a proportionate allowance , and Landlord shall restore the Premises to substantially its previous condition, except that Landlord shall not be made from the Fixed Rent during such period in the proportion which the number of square feet required to rebuild, repair or replace any part of the Leased partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in, or about the Premises which or for the benefit of, or by or for Tenant. All payments due Landlord from Tenant is deprived of by such damage and on the making of repairs bears to the total square feet portion of the Leased Premises; Premises damaged shall xxxxx until the completion of such rebuilding, repair or replacement. If such repairs and the Landlord shall repair such damage with due diligence. In the event, however, that the Leased Premises canrebuilding have not be replaced, repaired or restored been substantially completed within one hundred twenty fifty (120150) days from after the fire or casualty, or if Landlord elects not date of such damage (subject to make and complete said replacement, repairs, and restoration within said one hundred twenty (120) day perioddelays outside of Landlord's control), Tenant, upon notice in writing to Landlordas Tenant's exclusive remedy, may terminate this Lease and surrender possession by delivering written notice of said premises termination to Landlord in which event the rights and thereupon obligations hereunder shall cease and terminate. In the event of any insurance claim Tenant shall be liable for payment of (a) its proportionate share of the deductible under any of Landlord's insurance policies with respect to the Premises if the insurance claim pertains to the entire building of which the Premises forms a part of (b) the entire deductible under any of Landlord's insurance policies with respect to the Premises if the insurance claim pertains solely to the Premises. Landlord hereby notifies Tenant that the amount of the deductible is Five Thousand and 00/100 Dollars ($5,000.00). C. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within ten (10) days after such requirement is made known by any such holder (but in no event more than twenty (20) days after the insured event), whereupon all rights and obligations hereunder shall cease and terminate. D. Anything in this Lease to the contrary notwithstanding, Landlord and Tenant hereby waive and release each other of and from any and all rights of recovery, claim, action or cause of action, against each other, their agents, officers and employees, for any loss or damage that may occur to the Premises, improvements to the building of which the Premises are a part, or personal property (building contents) within the building and/or Premises, for any reason regardless of cause or origin if and to the extent that insurance is available for the loss or damage. Each party to this Lease agrees immediately after execution of this Lease to give each insurance company, which has issued to it policies of fire and extended coverage insurance, written notice of the terms of the mutual waivers contained in this subparagraph, and if necessary, to have the insurance policies properly endorsed. E. If the Premises are damaged by any peril not covered by the insurance to be provided by Landlord under Paragraph 9A above and the cost to repair such damage exceeds any amount, Tenant may elect to contribute, Landlord may elect to commence to repair and restore the Premises, in which event this Lease shall remain in full force and effect except that Tenant's payments shall be abated during such repair, or not to repair and restore the Premises, in which event this Lease shall terminate and be void and Tenant shall not be required to pay or be liable for any rent from with Tenant's payments abating as of the date of said fire or casualtythe damages; provided, Landlord shall give Tenant written notice of its election within thirty (30) days of the occurrence of such damage.

FIRE AND CASUALTY DAMAGE. A. If at any time after the execution hereof, Premises or the Leased building of which the Premises shall are a part should be wholly damaged or substantially destroyed by fire or damaged by fire, the elements, or casualtyother peril, Tenant immediately shall give immediate written notice thereof to Landlord. If the Leased buildings situated upon the Premises or of which the Premises are a part should be totally destroyed by any peril covered by the insurance to be provided by Landlord under Paragraph 9A above, or substantially destroyedif they should be so damaged thereby that in the opinion of a licensed contractor (selected by Landlord), then either party hereto may, at its option, terminate this Lease by giving written notice thereof to the other party rebuilding or repairs cannot be completed within thirty two hundred (30200) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) damage, this Lease shall terminate and the rent shall be abated during the unexpired portion of this Lease, effective upon the date of the Leased Premises] whereby occurrence of such damage. B. If the Tenant shall be deprived of buildings situated upon the occupancy of only a portion of the Leased Premises, or of which the Premises are a part, should be damaged by any peril covered by the insurance to be provided by Landlord under Paragraph 9A above, and if in the function opinion of Tenant's business is not a licensed contractor (selected by Landlord), rebuilding or repairs can be substantially impairedcompleted within two hundred (200) days after the date of such damage, this Lease shall not terminate; but a proportionate allowance , and Landlord shall restore the Premises to substantially its previous condition, except that Landlord shall not be made from the Fixed Rent during such period in the proportion which the number of square feet required to rebuild, repair or replace any part of the Leased Premises which partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Tenant is deprived of Premises, or for the benefit of, or by such damage and or for the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligenceTenant. In the eventevent the damage is repairable within the allotted time frame and more than 50% of the Premises are deemed unusable in Landlord’s reasonable opinion, however, that rent shall xxxxx until the Leased Premises canare restored. If such repairs and rebuilding have not be replaced, repaired or restored been substantially completed within one two hundred twenty (120200) days from after the fire or casualtydate of such damage (subject to delays outside of Landlord’s control, or if Landlord elects including, but not to make and complete said replacement, repairslimited to: governmental regulations, and restoration within said one hundred twenty (120) day periodacts of God.), Tenant, upon notice in writing to Landlordas Tenant’s exclusive remedy, may terminate this Lease and surrender possession by delivering written notice of said premises termination to Landlord in which event the rights and thereupon obligations hereunder shall cease and terminate. C. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made known by any such holder, whereupon all rights and obligations hereunder shall terminate cease and be void terminate. D. Anything in this Lease to the contrary notwithstanding, Landlord and Tenant shall not be required to pay hereby waive and release each other of and from any and all rights of recovery, claim, action or be liable cause of action, against each other, their agents, officers and employees, for any rent from loss or damage that may occur to the date Premises, improvements to the building of said which the Premises are a part, or personal property (building contents) within the building and/or Premises, except acts of gross negligence or intentional misconduct. Each party to the Lease agrees immediately after execution of this Lease to give each insurance company, which has issued to it policies of fire or casualtyand extended coverage insurance, written notice of the terms of the mutual waivers contained in this sub-paragraph, and if necessary, to have the insurance policies properly endorsed.

FIRE AND CASUALTY DAMAGE. 12.1 If at any time after the execution hereof, the Leased Building or Premises shall be are rendered partially or wholly untenantable by fire or substantially destroyed or damaged by fire, the elements, or other casualty, Landlord shall deliver to Tenant shall give immediate written a notice thereof within sixty (60) days of such fire or other casualty setting forth the time, as reasonably determined by Landlord, required to Landlordmaterially restore the Building or Premises. If the Leased Premises are totally or substantially destroyedsuch damage cannot, in Landlord’s reasonable estimation, be materially restored within one hundred eighty (180) days of such damage, then either party hereto may, at its option, may terminate this Lease Lease. A party shall exercise its option by giving written notice thereof within ten (10) days of the date of Landlord’s determination notice. For purposes hereof, the Building or Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s use of the Premises for the purpose for which it was then being used. If this Lease shall be terminated pursuant to this Article 12, the other party Term shall end on the date of the notice of termination as if that date had been originally fixed in this Lease for the expiration of the Term and, if the Premises is untenantable in whole or in part following the casualty, the rent payable during the period in which the Premises is untenantable shall be reduced to such extent, if any, as may be fair and reasonable under all of the circumstances. 12.2 If this Lease is not terminated pursuant to Paragraph 12.1, then Landlord shall proceed with all due diligence to repair and restore the Building or Premises, as the case may be (except that Landlord may elect not to rebuild if such damage occurs during the last year of the Term exclusive of any option which is unexercised at the date of such damage). If this Lease shall not be terminated pursuant to this Article 12 and if the Premises is untenantable in whole or in part following the casualty, the rent payable during the period in which the Premises is untenantable shall be reduced to such extent, if any, as may be fair and reasonable under all of the circumstances. 12.3 In the event that Landlord should fail to complete such repairs and material restoration within thirty one hundred eighty (30180) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) damage, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the Leased Premises] whereby Term; provided however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. Notwithstanding the above, if Landlord delivers to Tenant a notice setting forth a new projected date for completion of the material restoration of the Premises (such notice shall be accompanied by an explanation for the revised date), then Tenant shall have fifteen (15) days thereafter to exercise its right to terminate; if Tenant does not exercise its right to terminate within such fifteen (15) day period it shall be deprived deemed to have agreed to allow Landlord until the date set forth in Landlord’s notice to materially restore the Premises and may not thereafter exercise this right to terminate unless and until Landlord has failed to materially restore by such later date. 12.4 In no event shall Landlord be required to rebuild, repair or replace any Alterations which may have been placed in or about the Premises by Tenant. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the occupancy party carrying such insurance and under its sole control. 12.5 Notwithstanding anything herein to the contrary, in the event the holder of only any indebtedness secured by a portion mortgage or deed of trust covering the Premises, Building or Property requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the Leased PremisesTerm. 12.6 Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire, and extended coverage perils, vandalism or malicious mischief, sprinkler leakage or any other perils insured in policies of insurance covering such property (or which would have been insured if coverage required herein had been carried), even if such loss or damage shall have been caused by the function of Tenant's business is not substantially impaired, this Lease shall not terminate; but a proportionate allowance shall be made from the Fixed Rent during such period in the proportion which the number of square feet fault or negligence of the Leased Premises which the Tenant is deprived of by other party, or anyone for whom such damage and the making of repairs bears to the total square feet party may be responsible, including any other tenants or occupants of the Leased Premisesremainder of the Building; and the Landlord shall repair such damage with due diligence. In the eventprovided, however, that this release shall be applicable and in force and effect only to the Leased Premises canextent that such release shall be lawful at that time and in any event only with respect to loss or damage occurring during such times as the releasor’s policies shall contain a clause or endorsement to the effect that any such release shall not be replacedadversely affect or impair said policies or prejudice the right of the releasor to recover thereunder and then only to the extent of the insurance proceeds payable under such policies. Each of Landlord and Tenant agrees that it will require its insurance carriers to include in its policies such a clause or endorsement. 12.7 In the event of any damage or destruction to the Building or Premises, repaired or restored within one hundred twenty (120) days from the fire or casualty, or if Landlord elects not to make and complete said replacement, repairs, and restoration within said one hundred twenty (120) day period, TenantTenant shall, upon notice in writing to from Landlord, may terminate this Lease remove forthwith, at its sole cost and surrender possession expense, such portion or all of said premises the property belonging to Tenant from such portion or all of the Building or Premises as Landlord and thereupon this Lease shall terminate and be void and Tenant shall not be required to pay or be liable for any rent from the date of said fire or casualtyrequest.

FIRE AND CASUALTY DAMAGE. If at any time after In the execution hereofcase of the total destruction, or the destruction of a substantial part of the Leased Premises shall be wholly or substantially destroyed or damaged by fire, other casualties, the elementselements or other cause, or casualty, Tenant of such damage thereto as shall give immediate written notice thereof to Landlord. If render the Leased Premises are or a substantial part thereof totally or substantially destroyedunfit for occupancy by Tenant, then either party hereto maythis Lease, at its optionthe option of Landlord, terminate this Lease by giving of written notice thereof to the other party Tenant within thirty ninety (3090) days after the date of such casualty. Following a partial destruction or injury [less than damage, shall terminate and be at an end. In the event of termination, Tenant shall surrender and deliver to Landlord the Leased Premises together with payment of the Rent and Additional Rent to the date of such occurrence. For purposes of this Section, a "substantial part" shall mean fifty percent (50%) percent or more of the Leased Premises] whereby . If the Tenant shall be deprived of Lease does not terminate pursuant to the occupancy of foregoing provisions or there is only a portion partial destruction of the Leased Premises, the Landlord shall, at its own expense, restore the Leased Premises with all reasonable diligence, and if the function of Tenant's business is not substantially impaired, this Lease shall not terminate; but a proportionate allowance Rent shall be made from abated proportionately based upon the Fixed Rent during such period in the proportion which the number of square feet foot area of the Leased Premises which still tenantable, from the Tenant is deprived date of by such damage and the making of repairs bears casualty to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the event, however, date that the Leased Premises cannot shall be replaced, repaired or fully restored within one hundred twenty (120) days from by the fire or casualty, or if Landlord elects not to make and complete said replacement, repairs, and restoration within said one hundred twenty (120) day period, Tenant, upon notice in writing to Landlord. Landlord, may terminate this Lease and surrender possession of said premises to Landlord and thereupon this Lease shall terminate and be void and Tenant however, shall not be required to pay expend any sums in excess of insurance proceeds received for purposes of such restoration. No compensation, claim or diminution of Rent will be liable for allowed -8- 9 or paid, by Landlord, by reason of inconvenience, annoyance, or injury to business arising from the necessity of repairing the Leased Premises. In no event shall Landlord be required to rebuild, repair, or replace any rent part of the partitions, fixtures, additions and other improvements which may have been placed in, on or about the Leased Premises by Tenant. Notwithstanding the foregoing, if the restoration of the Premises is not completed within six (6) months from the date of said fire destruction or casualtydamage, then either party shall have the right to terminate this Lease by notice given within fifteen (15) days thereafter; otherwise the Lease shall continue.

FIRE AND CASUALTY DAMAGE. (a) If at any time after the execution Building or Premises are rendered partially or wholly untenantable by fire or other casualty, and if such damage cannot be materially restored within one hundred eighty (180) days of such damage, as such date of material restoration is estimated in good faith by a reputable general contractor promptly selected by Landlord and approved by Tenant, then Landlord or Tenant may terminate this Lease as of the date of such fire or other casualty. Either party shall exercise its option provided herein by written notice to the other within sixty (60) days of such fire or other casualty. For purposes hereof, the Leased Building or Premises shall be wholly deemed "materially restored" if they are in such condition as would not prevent or substantially destroyed materially interfere with Tenant's use of the Premises for the purposes for which it was then being used. (b) If this Lease is not terminated pursuant to Paragraph 15(a), then Landlord shall proceed with all due diligence to repair and restore the Building or damaged by firePremises, as the case may be. (c) If this Lease shall be terminated pursuant to this Paragraph 15, the elements, or casualty, Tenant term of this Lease shall give immediate written notice thereof to Landlordend on the date of such damage as if that date had been originally fixed in this Lease for the expiration of the Lease Term. If this Lease shall not be terminated by Tenant or Landlord pursuant to this Paragraph 15, and if the Leased Premises are totally untenantable in whole or substantially destroyedin part following such damage, then either party hereto may, at its option, terminate this Lease by giving written notice thereof the Rent payable during the period in which the Premises are untenantable shall be reduced to the other party extent of such untenantability until the repairs are substantially completed. In the event that Landlord should fail to complete such repairs and material restoration within thirty one hundred eighty (30180) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) damage, Tenant may, at its option and as its sole remedy, terminate this Lease by delivering written notice to Landlord, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the Leased Premises] whereby the Tenant shall be deprived of the occupancy of only a portion of the Leased Premises, and if the function of Tenant's business is not substantially impaired, this Lease shall not terminateTerm; but a proportionate allowance shall be made from the Fixed Rent during such period in the proportion which the number of square feet of the Leased Premises which the Tenant is deprived of by such damage and the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the eventprovided, however, that if construction is delayed because of changes, deletions or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control, or other causes beyond the Leased reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. (d) In no event shall Landlord be required to rebuild, repair or replace any part of the equipment, racking, shelving, partitions, fixtures, additions or other personal property or improvements which may have been placed in or about the Premises cannot by Tenant. Any insurance which may be replacedcarried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. (e) Notwithstanding anything herein to the contrary, repaired in the event the holder of any indebtedness secured by a mortgage covering the Premises, Building or restored Property requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within one hundred twenty fifteen (12015) days from after such requirement is made by any such holder, whereupon the Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Lease Term. (f) In the event of any damage or destruction to the Building or the Premises by fire or other casualty, or if Landlord elects not to make and complete said replacementin the event of termination as a consequence of condemnation as contemplated in Paragraph 16 hereof, repairs, and restoration within said one hundred twenty (120) day period, TenantTenant shall, upon notice in writing to from Landlord, may terminate remove with all due diligence, at its sole cost and expense, the property belonging to Tenant from such portion of the Building as Landlord shall request. (g) Notwithstanding any contrary provision herein, Tenant hereby waives any claims against Landlord relating to, and Landlord shall not be liable to Tenant for, any damage to any equipment, inventory, tenant fixture or other personal property situated in the Premises or in, on or about the Property due to any condition, design or defect in the Building or leakage of the roof, windows and pipes, or of damage from gas, oil, water, steam, smoke or electricity, or due to any other cause whatsoever, including Landlord's negligence, and Tenant assumes all risks of damage to such property; provided, the waiver and assumption contemplated by this Lease and surrender possession sentence shall apply only to the extent covered by insurance in place or required to be maintained by the terms of said premises to this Lease. Landlord and thereupon this Lease shall terminate and be void hereby waives any claims against Tenant relating to, and Tenant shall not be liable to Landlord for, any damage to any property occurring in, on or about the Property due to any reason, including Tenant's negligence, and Landlord assumes all risks of damage to such property; provided, the waiver and assumption contemplated by this sentence shall apply only to the extent any such damage is covered by insurance in place or required to pay or be liable for any rent from maintained by the date terms of said fire or casualtythis Lease.

FIRE AND CASUALTY DAMAGE. If at any time after the execution hereof, the Leased Premises shall be wholly or substantially destroyed or damaged by fire, the elements, or casualty, Tenant shall give immediate written notice thereof to Landlord. If the Leased Premises are totally or substantially destroyed, then either party hereto may, at its option, terminate this Lease by giving written notice thereof to the other party within thirty (30) days after the date of such casualty. Following a partial destruction or injury [less than fifty percent (50%) of the Leased Premises] whereby the Tenant shall be deprived of the occupancy of of only a portion of the Leased Premises, and if the function of the Tenant's business is not substantially impaired, this Lease shall not terminate; but a proportionate allowance shall be made from the Fixed Rent during such period in the proportion which the number of square feet of the Leased Premises which the Tenant is deprived of by such damage and the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the event, however, that the Leased Premises cannot be replaced, repaired or restored within one hundred twenty eighty (120180) days from the fire or casualty, or if Landlord elects not to make and complete said replacement, repairs, repairs and restoration within said one hundred twenty eighty (120180) day period, Tenant, upon notice in writing to Landlordlandlord, may terminate this Lease and surrender possession of said premises to Landlord and thereupon this Lease shall terminate and be void and Tenant shall not be required to pay or be liable for any rent from the date of said fire or casualty.

FIRE AND CASUALTY DAMAGE. (a) If at any time after the execution hereof, the Leased Premises shall should be wholly damaged or substantially destroyed or damaged by fire, the elementstornado, or other casualty, Tenant shall give immediate written notice thereof to Landlord. Casualty, as stated in this Paragraph, shall include but be not limited to sprinkler leakage caused by fire, and special extended perils (all risks). (b) If the Leased Premises should be destroyed by fire, tornado or other casualty, or if it should be so damaged that rebuilding or repairs cannot be completed within ninety (90) days after the date upon which Landlord is notified by Tenant of such damage, this Lease shall terminate and the rent shall be abated during the unexpired portion of this Lease, effective upon the date of the occurrence of such damage. (c) If the Premises should be damaged by fire, tornado or other casualty, but only to such extent that rebuilding or repairs can be completed within ninety (90) days after the date upon which Landlord is notified by Tenant of such damage, this Lease shall not terminate, but Landlord shall, at its sole cost and expense, proceed with reasonable diligence to rebuild and repair the Premises to substantially the condition which existed prior to such damage, except that Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures and other improvements which may have been placed in the Premises by the Tenant. If the Premises are totally untenantable in whole or in part following such damage, the rent payable hereunder during the period in which it is untenantable shall be reduced to such extent as may be fair and reasonable under all the circumstances. If the Premises are substantially destroyeddamaged or rendered untreatable by fire, tornado or other casualty, and an architect mutually selected by Tenant and Landlord certifies, within fifteen (15) days of such casualty, that the damage caused by such casualty cannot be repaired within ninety (90) days of the date of notice of such casualty to the Landlord, then either party hereto party, may, within fifteen (15) days of receipt of the architect’s certificate, terminate this Lease by notifying the other party in writing, whereupon Tenant’s liability for rent shall cease as of the day following such casualty. The fees, charges and expenses of the architect relating to the certificate shall be shared equally by Landlord and Tenant. In the event that Landlord should fail to complete such repairs and rebuilding within ninety (90) days after the date upon which Landlord is notified by Tenant of such damage, Tenant may at its sole option, terminate this Lease by giving Landlord ten (10) days written notice thereof to the other party within thirty (30) days after the date of such casualtytermination. Following a partial destruction or injury [less than fifty percent (50%) of the Leased Premises] whereby the Tenant shall be deprived of the occupancy of only a portion of the Leased Premises, and if the function of Tenant's business is not substantially impaired, this Lease shall not terminate; but a proportionate allowance shall be made from the Fixed Rent during such period in the proportion which the number of square feet of the Leased Premises which the Tenant is deprived of by such damage and the making of repairs bears to the total square feet of the Leased Premises; and the Landlord shall repair such damage with due diligence. In the event, however, that the Leased Premises If an architect cannot be replaced, repaired or restored within one hundred twenty (120) days from the fire or casualty, or if mutually agreed upon by Landlord elects not to make and complete said replacement, repairs, and restoration within said one hundred twenty (120) day period, Tenant, upon notice in writing then the parties shall contact the American Arbitration Association and that organization shall appoint an architect. (d) Any insurance which may be carried by Landlord against loss or damage to the Building or by the Tenant against loss or damage to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. The insurance covering the Building under Paragraph 8 shall be deemed for the sole benefit of the Landlord, may terminate this Lease and surrender possession of said premises to Landlord and thereupon this Lease shall terminate and be void and Tenant shall not be required to pay or be liable for any rent from the date of said fire or casualty.