Common use of Fire and Casualty Clause in Contracts

Fire and Casualty. If the Building or the Premises is damaged and made substantially untenantable by fire or other casualty, and Landlord shall determine not to restore the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty (120) days after such damage, terminate this Lease. Such termination shall become effective as of the date of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving written notice to Landlord not later than thirty (30) days after the expiration of said one hundred twenty (120) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If the Premises are damaged or destroyed by fire or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative expense. In the event of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacement.

Fire and Casualty. If during the Building or the Premises is damaged and made substantially untenantable by fire or other casualty, and Landlord shall determine not to restore the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty (120) days after such damage, terminate this Lease. Such termination shall become effective as Term of the date of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving written notice to Landlord not later than thirty (30) days after the expiration of said one hundred twenty (120) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If buildings or improvements upon the Premises are damaged or destroyed by fire fire, flood or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaidcasualty, this Lease shall remain continue in full force and effect and Tenant shall, at its cost and expense, rebuild, replace and/or repair said buildings and improvements so as to restore the same (as nearly as practicable) to the condition and fair market value thereof as existed immediately prior to such damage or destruction; provided however that if such destruction or damage (1) shall occur at any time prior to the third year next preceding the expiration of the original term hereof, or any extension thereof, and shall amount to fifty percent (50%) or more of the estimated replacement cost of said buildings and improvements (exclusive of foundations), or (2) shall occur during or after the third year next preceding the expiration of the original term hereof, or any extension thereof, and shall amount to thirty percent (30%) or more of such estimated replacement cost (exclusive of foundations), this Lease may be terminated and ended at the election of Tenant’s obligations , provided that notice in writing of such election shall be sent by Tenant to pay rent Landlord within sixty (60) days after such destruction or damage as aforesaid. Upon termination as aforesaid by Tenant, the insurance proceeds payable as a result of such damage or destruction shall be paid to Landlord as provided in Section 17 of this Lease, and all other sums hereunder this Lease and the Term hereof shall continue unabatedcease and come to an end. In If such eventdestruction or damage to the buildings or improvements upon the Premises is such that Tenant shall not have the right to terminate this Lease under any of the provisions in this Section 19 contained, or in the event that Tenant, having such right, shall elect not to terminate this Lease as aforesaid within the time provided, Tenant promptly shall .proceed forthwith to repair and diligently shall restore the Premises (as aforesaid. All such work shall be performed in a good and workmanlike manner and in accordance with the other provisions of this Lease, including, but not limited to, the standards and procedures set forth in Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative expense. In the event of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacement9 hereof.

Fire and Casualty. If the Building or the Premises is damaged and made substantially untenantable by fire or other casualty, and Landlord shall determine not to restore the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty (120) days after such damage, terminate this Lease. Such termination shall become effective as of the date of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving written notice to Landlord not later than thirty (30) days after the expiration of said one hundred twenty (120) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If the Premises are damaged or destroyed by fire or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. A. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative expense. In the event of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but in the Leased Premises, Lessee shall immediately give notice thereof to Lessor. If the Leased Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the be partially destroyed by fire or other casualty so as to render the Leased Premises untenantable in whole or in part, Rent shall axxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as the Leased Premises are ready for occupancy made tenantable as reasonably determined by Lessor and reasonably accessible Lessor agrees to Tenant. If part commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Building and Lessor shall decide not to rebuild or (ii) results in the Leased Premises are rendered untenantable, rent shall be prorated on being untenantable in whole or in substantial part and the reasonable estimation of a square footage basis in accordance with responsible contractor selected by Lessor as to the part amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Premises which Building exceeds eight (8) months from the time such work is usable by Tenant (as measured by Landlord) until termination commenced, then in either event, Lessor or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance Lessee shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled have a right to terminate this Lease Agreement effective as of the date of casualty or destruction, and upon such termination, all Rent owed up to the time of such destruction or termination shall Tenant be relieved paid by Lessee. Subject to reasonable delays for insurance adjustments, either party shall give written notice of its decision, estimates or elections under this Section 13 within sixty (60) days after any obligation such damage or destruction (other than the “Damage Notice”). In the event this Lease Agreement is not terminated by either Lessor or Lessee, as expressly provided above, and the actual time period of restoration of the Leased Premises exceeds eight (8) months, as the same may be extended by Force Majeure or delays caused by Lessee, Lessee may terminate this Lease Agreement by delivering written notice to Lessor within ten (10) by virtue days following the expiration of any delay in completing repairs such eight (8) month period (as same may be extended as set forth above) and prior to the date upon which Lessor substantially completes such restoration. Notwithstanding anything to the contrary herein set forth, there Such termination shall be no rent abatement or proration effective as of the date specified in Lessee’s termination notice, as if such date were the loss or damage is due to date fixed for the fault, neglect or violation expiration of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacementTerm.

Fire and Casualty. If the Building or the Premises is damaged and made substantially untenantable untenable by fire or other casualty, and Landlord shall determine not to restore the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty (120) days after such damage, terminate this Lease. Such termination shall become effective as of the date of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s 's expense, with reasonable promptness. Unless the Lease is terminated as hereinabove herein above provided, if 50% or more of the Premises are made untenantableuntenable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord failsfalls, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving written notice to Landlord not later than thirty (30) days after the expiration of said one hundred twenty (120) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “"Cyclery” " east of the Tenant’s 's space. If the Premises are damaged or destroyed by fire or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s 's obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with the other provisions of this Lease, including, but not limited to, the Section on “"Alterations”"); or, at Landlord’s 's election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s 's administrative expense. In the event of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion of the Premises shall be tenantable rentable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable untenable or are not reasonably accessible, rent shall axxxx xxxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantableuntenable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s 's occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s 's reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacement.

Fire and Casualty. If (a) In the event of partial or total destruction of the Building or the Premises is damaged and made substantially untenantable by reason of fire or any other casualty, cause Tenant shall immediately after it becomes aware of such destruction notify Landlord of the same and Landlord shall determine promptly restore and rebuild the Building or the Premises at Landlord’s expense (but only to the extent of the insurance proceeds covering such damage), unless Landlord elects by notice to Tenant within ninety (90) days of such destruction not to restore and rebuild the same Building or the Premises, and, in such case, this Lease shall terminate. Notwithstanding the foregoing, Landlord shall not have the right to require Tenant terminate this Lease if the destruction is limited to restore the Common Areas of the Building or, if in Landlord’s reasonable opinion, the Premises if Tenant causes the fire or other casualtycan be restored to its original condition within one hundred eighty (180) days. If in Landlord’s reasonable opinion, Landlord may, by as expressed in a notice to Tenant given within one hundred twenty forty-five (12045) days after such damagedestruction, terminate this Lease. Such termination shall become effective as of the date of such damage Premises cannot be restored to its original condition within one hundred eighty (180) days, or if the Premises are so damaged, otherwise as not restored within two hundred seventy (270) days of the date one hundred twenty casualty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially subject to their prior conditionExcusable Delays), or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if more than fifty percent (50% or more %) of the Premises are made untenantabledestroyed, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled Tenant shall have the right to take possession of the Premises, to substantially restore the Premises Tenant may terminate cancel this Lease as of the end of said one hundred twenty (120) day period by giving providing written notice to Landlord not later than of such cancellation within ten (10) days of receipt of such notice from Landlord, time being of the essence with respect to such notice, and such termination shall be effective thirty (30) days after the expiration date of said one hundred twenty such notice, provided, however, that Landlord may nullify any such notice by completing such restoration and rebuilding within such thirty (12030) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about In the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If event the Premises are damaged totally or materially destroyed by during the last two (2) years of the Term or last two (2) years of any extensions or renewals thereof, unless Tenant shall have exercised any further renewal options herein prior to such fire or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with the other provisions of destruction so that this Lease, includingincluding only irrevocably exercised renewals, but not limited tohas a remaining Term of more than two (2) years, the Section on “Alterations”); or, at Landlord’s election, either Landlord may restore the Premises, and or Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative expense. In the event of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure cancel this Lease by providing written notice to the other of such cancellation within ten (10) days of such fire or destruction, time being of the essence with respect to plate glass replacementsuch notice, and such termination shall be effective thirty (30) days after the date of such notice. If Landlord is obligated to restore and rebuild the Premises or, if it is not obligated, Landlord elects to restore and rebuild the Premises, then during the period of restoration of any such area, and, if any portion of Premises are rendered untenantable by such damage, Tenant shall be relieved of the obligation to pay that portion of the Base Rent, Additional Rent, Tenant Electric Charge and Supplemental Electric Charge herein reserved which relates to such untenantable area until such time as Tenant is able to reoccupy the Premises for the regular conduct of its business therein.

Fire and Casualty. If Lessor shall maintain in full force from the date of this Lease through the duration of the Lease Term a policy or policies of insurance upon the Building insuring against all risks of physical loss or damage under an "All Risk" coverage endorsement in an amount at least equal to the full replacement value of the property insured, with an agreed amount endorsement to satisfy co-insurance requirements, as well as insurance against the breakdown of boilers and other machinery as customarily insured against for comparable buildings in the vicinity of the Building. Lessor may satisfy all or any portion of this obligation through self-insurance or by means of a blanket policy covering locations in addition to the Building. Upon written request by Lessee not more than one (1) time per calendar year, Lessee shall provide certificates of such insurance to Lessee. To the extent to which the same are available on commercially reasonable terms, all policies of insurance maintained by Lessor shall contain the same waiver of subrogation provisions for the benefit of Lessee as Lessee is required to obtain in its insurance policies for the benefit of Lessor. Lessor shall have no obligation to insure any of Lessee's Personal Property, or any of "Lessee's Work" (as hereinafter defined), or any other alterations, additions, or improvements made or constructed by Lessee. If at any time during the Lease Term, the Leased Premises is or a substantial portion of the Building shall be damaged and made substantially untenantable or destroyed by fire or other casualty, Lessor shall give written notice to Lessee within ninety (90) days after the occurrence of such damage or destruction whether Lessor elects, in its sole discretion, (i) to terminate this Lease or (ii) to repair and Landlord reconstruct the Leased Premises and the Building (in which case Lessor shall determine not include with such notice a statement from Lessor's architect, engineer or contractor stating such person's good faith estimate of the time required to restore complete such repairs and restoration). If such estimate exceeds twelve (12) months from the same or not date of Lessor's notice to require Tenant to restore the Premises if Tenant causes the fire or other casualtyLessee, Landlord then Lessee may, by written notice given to Tenant given Lessor within one hundred twenty thirty (12030) days after Lessee's receipt of Lessor's notice, terminate this Lease effective not more than thirty (30) days after such damagenotice is given to Lessor. If Lessor elects to repair and reconstruct the Leased Premises and the Building, terminate and this Lease. Such termination shall become effective as Lease is not terminated by Lessee pursuant to the provisions of the date of immediately preceding sentence, then this Lease shall continue in full force and effect and Lessor shall proceed to repair and reconstruct the Leased Premises and the Building to substantially the same condition in which they existed immediately prior to such damage if or destruction (subject to the exclusions hereinbelow described) within a reasonable time thereafter, subject to delays arising from the settlement of insurance proceeds, shortages of labor or material, acts of God, or other conditions beyond Lessor's reasonable control. In any of the aforesaid circumstances, Rent shall xxxxx proportionately during the period to the extent that the Leased Premises are so damagedunfit for use by Lessee in the ordinary conduct of its business. Lessor shall not be required to rebuild, otherwise repair, or replace any part of Lessee's Personal Property, "Lessee's Work" (as hereinafter defined), or any other alterations, additions or improvements made by Lessee, and Lessee shall be obligated to rebuild, repair and replace the same. Lessor's restoration obligation shall not require Lessor to spend an amount in excess of the date one hundred twenty insurance proceeds actually received by Lessor and allocable thereto. If Lessor fails to substantially complete such repair and reconstruction within twelve (12012) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore months after it commenced the same substantially (subject to their prior conditiondelays as aforesaid), or Lessee shall have the right to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving written notice of termination to Landlord not later than Lessor within thirty (30) days after the expiration of said one hundred twenty (120) such 12-month period; provided, however, that if Lessor substantially completes such work within such 30-day period, then Lessee's termination notice shall be deemed null and void and of no force and effect. During any such periodNotwithstanding the foregoing to the contrary, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about if the Leased Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If the Premises are is materially damaged or destroyed by fire or other casualty caused in whole or in part by Tenantduring the last twelve (12) months of the Lease Term (excluding, and if Landlord does not elect to terminate for this Lease as aforesaidpurpose, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, the Extension Term unless Tenant promptly and diligently shall restore has exercised the Premises (extension option in accordance with Section 2.B above prior to the occurrence of such fire or other provisions of this Lease, including, but casualty) such that the Leased Premises cannot limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, be repaired and Tenant shall pay all costs incurred in connection therewith, including fifteen percent restored within two (15%2) months of the total restoration cost for Landlord’s administrative expense. In the event occurrence of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the such fire or other casualty, unless a portion then Lessee may, by written notice given to Lessor within thirty (30) days after the occurrence of such fire or other casualty, terminate this Lease effective not more than thirty (30) days after such notice is given to Lessor. In the Premises event that this Lease is terminated in accordance with the provisions of this Section, Lessor shall be tenantable refund to Lessee the prepaid unaccrued Rent, if any, less any sums then owing to Lessor by Lessee, or Lessee shall pay all Rent and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable other sums owed to Lessor up to the date of such termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacement.

Fire and Casualty. If the Premises and/or the Building shall be damaged or the Premises is damaged and made substantially untenantable destroyed by fire or other casualty, and Landlord shall determine not to restore the same or not to require Tenant to restore if it appears that the Premises if Tenant causes and/or the fire Building may be repaired or other casualty, Landlord may, by notice to Tenant given restored within one hundred twenty eighty (120180) days after such damage, and provided the Landlord's mortgagees allow sufficient insurance proceeds for the cost of said repair or restoration, the Landlord shall commence to repair or restore the Premises and/or the Building as soon as reasonably possible and diligently complete said repairs and restoration with reasonable promptness. Notwithstanding anything to the contrary herein contained, Landlord shall have no duty pursuant to this Section 19. to repair or restore any portion of the alterations, additions, or improvements in the Premises or the decorations thereto, except to the extent that same were provided by Landlord at Landlord's cost, i.e., the Tenant Improvements. If Tenant wants any other or additional repairs, restorations, additions, or alterations, and if Landlord consents thereto, the same shall be done by Landlord at the Tenant's expense. If the damage renders the Premises untenantable in whole or in part and it cannot reasonably be repaired or restored within one hundred eighty (180) days after the damage, or if Landlord elects to demolish the Building or cease its operation, then Landlord shall have the right to cancel and terminate this Lease. Such termination shall become effective Lease as of the date of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving written notice to Landlord not later than thirty Tenant at any time within sixty (3060) days after the expiration of said one hundred twenty (120) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters damage shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s spacehave occurred. If the Premises are damaged damage had not been caused by the intentional act or destroyed by fire or other casualty caused in whole or in part by neglect of the Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (was not cancelled or terminated in accordance with the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative expense. In the event of termination of this Lease pursuant to this Section XII19., rent then Rental shall be prorated on a per diem basis and shall be paid to xxxxx during the period beginning with the date of such damage and ending with the fire or other casualtydate when the Premises and/or the Building are again rendered tenantable; however such abatement shall be limited to the ratio that the untenantable portion of the Premises bears to the entirePremises, unless should only a portion of the Premises shall be tenantable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to untenantable. In the date of termination. If this Lease event the Premises is not terminated in restored or repaired within one hundred and eighty (180) days, the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent Tenant shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect terminate the Lease upon notice to plate glass replacementthe Landlord. Should the damage be caused by the intentional or wilful acts of the Tenant or its agents or employees, Rental shall not xxxxx nor shall the Tenant have a right to cancel this Lease, and the Tenant shall continue to be liable therefor regardless that the Premises may not be habitable.

Fire and Casualty. If 14.1 In case of any damage to or destruction of the Building or the Premises is damaged and made substantially untenantable by fire or other casualtycasualty occurring during the term of this lease which is not covered by the insurance required to be carried by Article 9.1, and Landlord shall determine not to restore or which occurs during the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty last two (1202) days after such damage, terminate this Lease. Such termination shall become effective as years of the date of such damage if lease term, the Premises are so damagedterm hereby created shall, otherwise as at the option of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above providedLandlord, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving upon written notice to Landlord not later than the Tenant, within thirty (30) days after of such fire or casualty, cease and become null and void from the expiration date of said such destruction or damage. In the case of damage to or destruction of the Building which cannot be repaired within one hundred twenty eighty (120180) day period. During any days from the happening of such periodcasualty, Landlord will permit Tenantthen, in such event, the term hereby created shall, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east option of the Tenant’s space, upon written notice to the landlord within thirty (30) days of such fire or casualty, cease and become null and void from the date of such destruction or damage. However, if the Tenant shall not elect to cancel this lease within the thirty (30) day period hereinabove provided (and provided that Landlord has not cancelled this lease as hereinabove permitted), the Landlord shall thereupon repair and restore the Building with reasonable speed and dispatch, and the Rent shall not be accrued after said damage or while the repairs and restorations are being made, but shall recommence immediately after said Building is restored. Landlord, in any event, shall within thirty (30) days of such casualty advise Tenant in writing as to whether or not the Building can be restored within the one hundred eighty (180) day period from the date of such casualty. Anything in this Article 14 to the contrary notwithstanding, it is expressly understood and agreed that the Landlord shall be obligated to restore the Building only to the extent of such cost as will be equivalent to the proceeds received by Landlord pursuant to the fire insurance coverage to be provided to Landlord as in Article 9 provided. If the Premises insurance proceeds are damaged or destroyed by fire or other casualty caused not sufficient to restore the Building to substantially the same condition which they were in whole or in part by Tenantprior to the casualty, and if then the Landlord does not elect shall have a period of thirty (30) days within which to determine whether to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with term hereby created unless the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) mutually agree to the funding of the total restoration cost for Landlord’s administrative expenseany such excess construction costs. In the event of termination of cancellation in accordance with this Lease pursuant to this Section XIIArticle, rent the Tenant shall be prorated on a per diem basis immediately surrender the Leased Premises and shall be paid the Tenant's interest in said lease to the date Landlord, and the Tenant shall only pay Rent to the time of the fire such destruction or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessibledamage, in which case rent shall be prorated on a per diem basis event, the Landlord may re-enter and shall be payable to repossess the date of termination. If Leased Premises thus discharged from this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy lease and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In remove all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacementparties therefrom.

Fire and Casualty. If 14.1 In case of any damage to or destruction of the Building or the Premises is damaged and made substantially untenantable by fire or other casualtycasualty occurring during the term of this lease which is not covered by the insurance required to be carried by Article 9.1, and Landlord shall determine or in the case of damage to or destruction of the Leased Premises which cannot to restore the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given be repaired within one hundred twenty eighty (120180) days after such damage, terminate this Lease. Such termination shall become effective as of from the date happening of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused then, in whole or in part by Tenantsuch event, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utilityterm hereby created shall, at Landlord’s expensethe option of either party, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving upon written notice to Landlord not later than the other by certified mail, return receipt requested, within thirty (30) days of such fire or casualty, cease and become null and void from the date of such destruction or damage. However, if neither party shall elect to cancel this lease within the thirty (30) day period hereinabove provided, the Landlord shall thereupon repair and restore the Leased Premises with reasonable speed and dispatch, and the rent shall not be accrued after said damage or while the expiration of repairs and restorations are being made, but shall recommence immediately after said Leased Premises are restored. Landlord, in any event, shall advise Tenant in writing as to whether or not the Leased Premises can be restored within the one hundred twenty eighty (120180) day periodperiod from the date of such casualty. During any Anything in this Article 14 to the contrary notwithstanding, it is expressly understood and agreed that the Landlord shall be obligated to restore the Leased Premises only to the extent of such period, cost as will be equivalent to the proceeds received by Landlord will permit Tenant, at no cost pursuant to Landlord, the fire insurance coverage to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall be provided to Landlord as in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s spaceArticle 9 provided. If the insurance proceeds are not sufficient to restore the Leased Premises are damaged or destroyed by fire or other casualty caused to substantially the same condition which they were in whole or in part by Tenantprior to the casualty, and if then the Landlord does not elect shall have a period of thirty (30) days within which to determine whether to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with term hereby created unless the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) mutually agree to the funding of the total restoration cost for Landlord’s administrative expenseany such excess construction costs. In the event of termination of cancellation in accordance with this Lease pursuant to this Section XIIArticle, rent the Tenant shall be prorated on a per diem basis immediately surrender the Leased Premises and shall be paid the Tenant's interest in said lease to the date Landlord, and the Tenant shall only pay rent to the time of the fire such destruction or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessibledamage, in which case rent shall be prorated on a per diem basis event, the Landlord may re-enter and shall be payable to repossess the date of termination. If Leased Premises thus discharged from this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy lease and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In remove all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacementparties therefrom.

Fire and Casualty. If the Building or less than a Substantial Portion of the Premises is damaged and made substantially untenantable by fire or other casualty, and Landlord shall determine not to restore the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty (120) days after such damage, terminate this Lease. Such termination shall become effective as of the date of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenantcasualty ("Casualty"), Landlord shall repair and restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more damaged portion of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, to substantially the same condition prior to such Casualty within one hundred twenty eighty (120180) days after the date of such Casualty, except that Landlord is enabled shall not be required to take possession of repair or restore any leasehold improvements installed in the Premises, Premises by Tenant. If Landlord fails to substantially repair and restore the Premises within one hundred eighty (180) days after the date of such Casualty, then Tenant may terminate this Lease as of the end may, at any time after expiration of said one hundred twenty eighty (120180) day period and before such repair and restoration is completed by Landlord, elect to terminate this Lease by written notice thereof to Landlord or to make or complete such repairs and restoration, and Landlord shall reimburse Tenant promptly upon demand for the reasonable costs thereof. To the extent that Landlord fails to reimburse Tenant within ten (10) days from the date Tenant has made a written demand for such reasonable costs, Tenant shall have the right to set off such unreimbursed costs against Rent. Notwithstanding the foregoing, to the extent Landlord's failure to timely repair and restore the Premises is the result of the acts or omissions of Landlord or Landlord's agents, employees or contractors, the exercise by Tenant of the foregoing right to terminate or the right to restore on Landlord's behalf shall not preclude or otherwise prevent Tenant from pursuing any other rights or remedies which are available at law or in equity. If the entire Premises or a Substantial Portion thereof is damaged by a Casualty such that it cannot be restored to substantially its condition prior to such Casualty within one hundred eighty (180) days (as determined by mutual agreement of Landlord and Tenant) after the Casualty date, or if the Casualty occurs during the last twelve (12) months of the term of this Lease, or if the insurance proceeds received by Landlord are insufficient to restore the Premises to substantially its condition prior to the Casualty, then either party hereto may elect, by giving written notice to Landlord not later than thirty the other within sixty (3060) days after the expiration of said one hundred twenty (120) day period. During any such periodCasualty date, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If the Premises are damaged or destroyed by fire or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, Lease. If this Lease has not been terminated by the date sixty (60) days after the Casualty date, then Landlord shall remain in full force with due diligence repair and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with to substantially its condition prior to the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative expenseCasualty. In the event of termination of this Lease pursuant to this Section XII, rent Rent shall be prorated on a per diem basis and shall be paid abated equitably with respect to the date of the fire or other casualty, unless a that portion of the Premises shall be tenantable which is rendered untenantable as a result of a Casualty and/or as a result of repair and reasonably accessible, restoration activities in which case rent shall be prorated on connection with a per diem basis and shall be payable to Casualty from the date of terminationcasualty until the date on which the Premises have been restored to substantially its condition prior to such Casualty. If this Lease is not terminated pursuant to this Section 16, Tenant shall as promptly as practicable after the occurrence of any damage or destruction make such repairs and replacements in the event of a fire or other casualty but Premises as are necessary to restore Tenant's leasehold improvements (except the Premises are rendered wholly untenantable or are not reasonably accessibleBuilding Improvements, rent shall axxxx on a per diem basis from and the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent Exterior Sign which shall be prorated on a square footage basis in accordance with the part responsibility of the Premises which is usable by Tenant (Landlord as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacement).

Fire and Casualty. 21. (a) If the Building Premises, or any part of the building of which the Premises is are a part shall be damaged and made substantially untenantable by fire or other casualty, casualty and Landlord shall determine if such damage does not to restore the same render all or not to require Tenant to restore a substantial portion of the Premises if Tenant causes or such building untenantable in Lessor’s reasonable discretion, then Lessor shall proceed to repair and restore with reasonable promptness the fire Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Lessor’s reasonable control. If any such damage renders all or other casualtya substantial portion of the Premises or the building untenantable, Landlord mayLessor shall, by notice to Tenant given within one hundred twenty (120) days with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the damaged areas of the Premises or building and shall give notice to advise Lessee of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred or be beyond the end of the term, then Lessor shall have the right to terminate this Lease. Such termination shall become effective Lease as of the date of such damage upon giving notice to the Lessee at any time within twenty (20) days after Lessor gives Lessee the notice containing said estimate (it being understood that Lessor may, if it elects to do so, also give such notice of termination together with the Premises are so damagednotice containing said estimate); and, otherwise as if such damage or destruction shall occur during the last year of the term of this lease, Lessee may elect to terminate this lease by notice to Lessor within thirty (30) days of the date one hundred twenty (120) days following the service of such notice of terminationdamage or destruction. Unless the this Lease is terminated as provided in the preceding sentence, Lessor shall proceed with reasonable promptness to repair and restore the base work applicable to the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Lessor’s reasonable control, and also subject to zoning laws and building codes then in effect. Lessor shall have no liability to Lessee, and Lessee shall not be entitled to terminate this Lease (except as herein above provided) if such repairs and restoration are not in fact completed within the time period estimated by Lessor, if as aforesaid, or within said two hundred seventy (270) days or before the end of the term. If the Premises are damaged by not repaired or restored within twelve (12) months after the date of such fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant then either party may terminate this Lease Lease, effective as of the end of said one hundred twenty (120) day period by giving date written notice is given to Landlord the other party, if given not later than thirty (30) days after the expiration of said one hundred twenty twelve (12012) day period. During any such month period, Landlord will permit Tenant, at no cost but prior to Landlord, to maintain temporary banking quarters about the Premises during any period substantial completion of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and or restoration; provided that such termination shall not interfere with the operation of the “Cyclery” east of the Tenantlimit or waive in any way Lessee’s space. If the Premises are damaged rights to damages caused by Lessor’s failure to repair or destroyed by fire or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises within such two hundred seventy (in accordance with the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%270) of the total restoration cost for Landlord’s administrative expense. In the event of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restorationdays. Notwithstanding anything to the contrary herein set forth, there (a) Lessor shall be have no rent abatement or proration if the loss or damage is due duty pursuant to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required paragraph to repair or restore any decorating, installations, portion of the alterations, additions additions, or improvements owned or made by Lessee in the Premises, or to the Premises which were any personal property or fixtures of Lessee, and (b) Lessee shall not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect terminate this Lease pursuant to plate glass replacementthis paragraph if the damage or destruction was caused by the act or neglect of Lessee, its agents or employees.

Fire and Casualty. If the Building or the Premises is damaged and made substantially untenantable by Upon a fire or other casualtycasualty affecting the Premises or the Building, and Landlord Landlord, with reasonable diligence, shall determine not to restore the same or not to require Tenant to restore the Premises or the Building, as applicable. Notwithstanding the foregoing, if Tenant causes 25% or more of the rentable area of the Premises or all or a substantial part of the Building is rendered untenantable by reason of fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty (120) days after such damageat its option, either restore the Premises and the Building, or terminate this Lease. Such termination shall become Lease effective as of the date of such damage if fire or other casualty. Landlord agrees to give Tenant written notice within 60 days after the Premises are occurrence of any such fire or other casualty designating whether Landlord elects to so damagedrestore or terminate this Lease. If Landlord elects to terminate this Lease, otherwise Rent shall be paid through and apportioned as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty. If Landlord elects to restore, not caused in whole or in part by Tenant, Landlord shall restore the same substantially Landlord's obligation to their prior condition, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease shall be limited to restoring those improvements in the Premises existing as of the end date of said one hundred twenty (120) day period by giving written notice to Landlord not later than thirty (30) days after the expiration of said one hundred twenty (120) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If the Premises are damaged or destroyed by fire or other casualty caused which were made at Landlord's expense and shall exclude any furniture, equipment, fixtures, additions, alterations or improvements in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, which were made at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative Tenant's expense. In the event of termination of this Lease pursuant If Landlord elects to this Section XIIrestore, rent Rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion xxxxx for that part of the Premises shall be tenantable and reasonably accessible, which is untenantable (as defined in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx Section 5F) on a per diem basis from the date of such fire or other casualty until Landlord has substantially completed its repair and restoration work, provided that Tenant does not occupy such part of the Premises during said period. Notwithstanding anything contained in this Section 12 to the contrary, within 60 days after the date of any fire or other casualty which renders all or a substantial part of the Premises or the Building untenantable, Landlord shall provide to Tenant in writing Landlord's good faith estimate of the time required by Landlord to restore the Premises ("Landlord's Restoration Estimate"). If Landlord's Restoration Estimate exceeds 270 days from the date of such fire or casualty, then Tenant shall have the right, exercisable by written notice to Landlord within 15 business days after delivery of Landlord's Restoration Estimate, to terminate this Lease as of the date of such fire or other casualty. Furthermore, if neither party elects to terminate this Lease as provided above and Landlord fails to substantially complete the restoration of the Premises within the time period set forth in Landlord's Restoration Estimate (subject to delays caused by or attributable to Tenant or its agents, employees or contractors or to events of the type described in Section 25I), as Tenant's sole and exclusive remedy for such delay in substantial completion of the restoration, Tenant shall have the right, exercisable by written notice to Landlord within 15 business days after the expiration of the time period set forth in Landlord's Restoration Estimate, to terminate this Lease as of the date of such fire or other casualty. Notwithstanding the foregoing, Tenant shall have no right to terminate this Lease if the fire or other casualty until was caused, in whole or in part, by the Premises are ready for occupancy and reasonably accessible to Tenant. If part negligence or intentional misconduct of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its Tenant's agents, employees, agents, contractors, customers invitees, subtenants or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacementassigns.

Fire and Casualty. If 14.1 In case of any damage to or destruction of the Building or the Leased Premises is damaged and made substantially untenantable by fire or other casualty occurring during the term of this Lease which is not covered by the insurance required to be carried by Article 9.1, or which cannot be repaired within two hundred ten (210) days from the happening of such casualty, and Landlord shall determine not to restore or in the same or not to require Tenant to restore event that less than three (3) months will remain in the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty Term (120inclusive of any exercised renewal options) days after such damage, terminate this Lease. Such termination shall become effective as of the date upon completion of such damage if repair, then, in such event, the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, not caused in whole or in part by Tenant, Landlord shall restore the same substantially to their prior condition, or to a similar condition of substantially equal or better utilityterm hereby created shall, at Landlord’s expensethe option of either party, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire or casualty caused in whole or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving upon written notice to Landlord not later than the other by certified mail, return receipt requested, within thirty (30) days after of such fire or casualty, cease and become null and void from the expiration date of said one such destruction or damage. Landlord shall notify Tenant within thirty (30) days from the happening of such fire or casualty as to whether or not the Leased Premises can be restored within the aforementioned two hundred twenty ten (120210) day period. During any such periodHowever, if neither party shall elect to cancel this Lease within the thirty (30) day period hereinabove provided, Landlord will permit Tenantshall thereupon repair and restore the Leased Premises with reasonable speed and dispatch, at no cost to Landlord, to maintain temporary banking quarters about and the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and rent shall not interfere with be accrued after said damage or while the operation repairs and restorations are being made, but shall recommence immediately after said Leased Premises are restored. Anything in this Article 14 to the contrary notwithstanding, it is expressly understood and agreed that Landlord shall be obligated to restore the Leased Premises only to the extent of such cost as will be equivalent to the “Cyclery” east of proceeds received by Landlord pursuant to the Tenant’s spacefire insurance coverage to be provided to Landlord as in Article 9 provided. If the insurance proceeds are not sufficient to restore the Leased Premises are damaged or destroyed by fire or other casualty caused to substantially the same condition which they were in whole or in part by Tenantprior to the casualty, and if then Landlord does not elect shall have a period of thirty (30) days within which to determine whether to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, term hereby created unless Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) mutually agree to the funding of the total restoration cost for Landlord’s administrative expenseany such excess construction costs. In the event of termination of cancellation in accordance with this Article, Tenant shall immediately surrender the Leased Premises and Tenant's interest in said Lease pursuant to this Section XIILandlord, and Tenant shall only pay rent shall be prorated on a per diem basis and shall be paid to the date time of the fire such destruction or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessibledamage, in which case rent shall be prorated on a per diem basis event, Landlord may re-enter and shall be payable to repossess the date of termination. If Leased Premises thus discharged from this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In remove all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacementparties therefrom.

Fire and Casualty. If the Building or the Premises is damaged and made substantially untenantable by fire or other casualty, and Landlord shall determine not to restore the same or not to require Tenant to restore the Premises if Tenant causes the fire or other casualty, Landlord may, by notice to Tenant given within one hundred twenty (120) days after such damage, terminate this Lease. Such termination shall become effective as of the date of such damage if the Premises are so damaged, otherwise as of the date one hundred twenty (120) days following the service of such notice of termination. Unless the Lease is terminated as herein above provided, if the Premises are damaged by fire or other casualty, upon notice thereof given to Landlord by Tenant, the damages shall be repaired by Landlord utilizing the insurance proceeds provided for in Article VIII, and all rent until such repairs are made shall be reduced in the proportion which the part of the Premises which is not caused usable by Tenant bears to the rentable space in the Premises, provided, if so much of Tenant's useable space in the Premises is so taken so that the remaining portion, in Tenant's reasonable judgment, is unsuitable for its continued occupation, Tenant may elect to vacate the Premises, in which case all rent shall so xxxxx. Landlord shall not be obligated to repair damage to or to replace alterations or ·additions owned by Tenant or any fixtures, furniture, furnishings, equipment or other property of Tenant. Such repairs and replacements shall be made by and at the sole cost and expense of Tenant. If the Premises are rendered wholly untenantable, all rent shall xxxxx from the date of such damage. If the Premises shall be so damaged, that in Landlord's opinion, more than twenty-five percent (25 %) of the Premises shall require alteration, demolition or reconstruction, then Landlord may, not later than thirty (30) 9ays following the damage, give Tenant notice in writing terminating this Lease. If Landlord elects to restore the Premises, then Landlord shall give Tenant notice of such intent within thirty (30) days following the damage, and Landlord shall promptly thereafter commence such reconstruction and diligently pursue such reconstruction in good faith, and shall complete such repairs, subject to matters beyond its control, within a reasonable time but no later than one hundred and eighty (180) days after such damage If Landlord does not give such notice of intent within thirty (30) days or complete such repairs within one hundred eighty (180) days, Tenant shall have the right to terminate this Lease by giving written notice to Landlord at the end of said thirty (30) days or at the end of the one hundred eighty (180) day period if repairs are not substantially completed. If Tenant so terminates this Lease, rent hereunder, to the extent not otherwise abated, shall be due from Tenant to Landlord up to the date Tenant vacated the Premises. If any Tenant improvements are so damaged by fire or other casualty and the same are owned in whole or in part by Tenant, Landlord Tenant shall restore the same substantially contribute to their prior conditionany repair or replacement therefor in proportion to Tenant's ownership. Tenant shall be responsible for all rent, or to a similar condition of substantially equal or better utility, at Landlord’s expense, with reasonable promptness. Unless the Lease is terminated as hereinabove provided, if 50% or more of the Premises are made untenantable, (other than as a result of fire damage or casualty to the premises not covered by insurance and which is caused in whole by the acts, omissions or in part by Tenant) and if Landlord fails, within one hundred twenty (120) days after Landlord is enabled to take possession negligence of the Premises, to substantially restore the Premises Tenant may terminate this Lease as of the end of said one hundred twenty (120) day period by giving written notice to Landlord not later than thirty (30) days after the expiration of said one hundred twenty (120) day period. During any such period, Landlord will permit Tenant, at no cost to Landlord, to maintain temporary banking quarters about the Premises during any period of rebuilding. Said temporary quarters shall in no way interfere with any construction and repair work and shall not interfere with the operation of the “Cyclery” east of the Tenant’s space. If the Premises are damaged its employees or destroyed by fire or other casualty caused in whole or in part by Tenant, and if Landlord does not elect to terminate this Lease as aforesaid, this Lease shall remain in full force and effect and Tenant’s obligations to pay rent and all other sums hereunder shall continue unabated. In such event, Tenant promptly and diligently shall restore the Premises (in accordance with the other provisions of this Lease, including, but not limited to, the Section on “Alterations”); or, at Landlord’s election, Landlord may restore the Premises, and Tenant shall pay all costs incurred in connection therewith, including fifteen percent (15%) of the total restoration cost for Landlord’s administrative expense. In the event of termination of this Lease pursuant to this Section XII, rent shall be prorated on a per diem basis and shall be paid to the date of the fire or other casualty, unless a portion of the Premises shall be tenantable and reasonably accessible, in which case rent shall be prorated on a per diem basis and shall be payable to the date of termination. If this Lease is not terminated in the event of a fire or other casualty but the Premises are rendered wholly untenantable or are not reasonably accessible, rent shall axxxx on a per diem basis from the date of the fire or other casualty until the Premises are ready for occupancy and reasonably accessible to Tenant. If part of the Premises are rendered untenantable, rent shall be prorated on a square footage basis in accordance with the part of the Premises which is usable by Tenant (as measured by Landlord) until termination or the damaged part is ready for Tenant’s occupancy as the case may be. In all cases, due allowance shall be made for delays caused by adjustment of the insurance claim, strikes, labor difficulties, material shortages, weather conditions, and any other causes beyond Landlord’s reasonable control; and in no case shall Landlord be liable to Tenant, shall Tenant be entitled to terminate this Lease or shall Tenant be relieved of any obligation (other than as expressly provided above) by virtue of any delay in completing repairs and restoration. Notwithstanding anything to the contrary herein set forth, there shall be no rent abatement or proration if the loss or damage is due to the fault, neglect or violation of any provision of this Lease by Tenant or its employees, agents, contractors, customers or invitees; and in no event shall Landlord be required to repair or restore any decorating, installations, alterations, additions or improvements in or to the Premises which were not provided initially by Landlord at its cost. Landlord covenants to maintain adequate casualty insurance covering the Building, with replacement cost endorsement. Tenant should have the right to self-insure with respect to plate glass replacement.