Common use of FIRE AND DESTRUCTION OF PREMISES Clause in Contracts

FIRE AND DESTRUCTION OF PREMISES. 9.1 In the event that the Premises shall be destroyed or damaged by fire, lightning, tempest, or any similar peril, then: a) if the damage or destruction is such that the Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy them, and if in either event, the damage, in the reasonable opinion of Landlord (which shall be given by written notice to Tenant within ninety (90) days of the happening of such damage or destruction) cannot be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of such damage or destruction, either Landlord or Tenant may within five (5) days next succeeding the giving of Landlord's opinion as aforesaid, terminate this lease by giving to the other notice in writing of such termination, in which event the term of this lease shall cease and be at an end as of the date of such damage or destruction and the rent and all other payments for which Tenant is liable under the terms of this lease shall be apportioned and paid in full to the date of such damage or destruction. In the event that neither Landlord nor Tenant so terminates this lease, rent and all other payments for which Tenant is liable under the terms of this lease shall axxxx from the date of the happening of the damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; b) if the damage or destruction be such that the Premises are wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them but, if in either event, the damage, in the reasonable opinion of Landlord (which shall be given to Tenant within ninety (90) days from the happening of such damage) can be repaired with reasonable diligence within one hundred and eighty (180) days of the happening of such damage, rent shall axxxx from the date of the happening of such damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; c) if in the reasonable opinion of Landlord, the damage can be made good as aforesaid within one hundred and eighty (180) days of the happening of such damage or destruction, and the damage is such that the Premises are capable of being partially used for the purposes for which leased, rent shall axxxx in the proportion that the part of the Premises rendered unfit for occupancy bears to the whole of the Premises, until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant. 9.2 Notwithstanding any provision to the contrary contained in this lease if the Building is totally or partially damaged or destroyed (whether the Premises are affected or not), and: a) the cost, as estimated by the Landlord of repairing, restoring or rebuilding the damaged or destroyed portions will exceed the proceeds of insurance available to the Landlord for such purpose or the damage or destruction was caused by a peril which is not covered by the Landlord's insurance; or b) less than two years remain of the term of this lease, then, in any of the above cases, the Landlord may, at its option (to be exercised by written notice to Tenant within ninety (90) days of the damage or destruction) elect to terminate this lease. 9.3 Without in any way limiting Tenant's responsibilities or obligations hereunder or under the law, Tenant shall be liable for all costs and damages resulting from damage or destruction by fire or other cause to the Building or Premises, when due to the fault or negligence of Tenant or Tenant's employees, agents or contractors or persons for whom Tenant is in law responsible.

FIRE AND DESTRUCTION OF PREMISES. 9.1 In If, during the event that term of this lease, the Premises shall be building is destroyed or damaged by fire, lightning, tempest, or and has become unusable for any similar peril, then: a) if the damage or destruction is such that the Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy them, and if in either eventreason whatsoever, the damagelandlord may, within thirty (30) days after the arrival of such loss, notify the tenant of its intention to rebuild or repair and, in this case, the reasonable opinion rent payable by the tenant will be reduced proportionally to the decrease in enjoyment until the reconstruction and repair work are completed and, insofar as the rented premises may be reconstructed or repaired within a period of Landlord (which shall be given by written notice to Tenant within ninety (90) days of the happening of such damage or destruction) cannot be repaired with reasonable diligence within one a hundred and eighty (180) days from the happening date of such damage the loss, the tenant shall not have the right to request the termination of the present lease or destructionanything of the landlord as compensation, either Landlord damages and interest or Tenant may within five (5) days next succeeding otherwise. For the giving landlord to inform the tenant of Landlord's opinion his intention to proceed with the reconstruction or repair of the leased premises, as aforesaid, terminate this the present lease by giving will be expected to the other notice in writing of such termination, in which event the term of this lease shall cease and be at an end as of the date of such damage or destruction and the rent and all other payments for which Tenant is liable under the terms of this lease shall be apportioned and paid in full to the date of such damage or destruction. In the event that neither Landlord nor Tenant so terminates this lease, rent and all other payments for which Tenant is liable under the terms of this lease shall axxxx from have terminated on the date of the happening of the damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Buildingloss, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have without any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; b) if the damage or destruction be such that the Premises are wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them but, if in either event, the damage, in the reasonable opinion of Landlord (which shall be given to Tenant within ninety (90) days from the happening of such damage) can be repaired with reasonable diligence within one hundred and eighty (180) days of the happening of such damage, rent shall axxxx from the date of the happening of such damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; c) if in the reasonable opinion of Landlord, the damage can be made good as aforesaid within one hundred and eighty (180) days of the happening of such damage or destruction, and the damage is such that the Premises are capable of being partially used for the purposes for which leased, rent shall axxxx in the proportion that the part of the Premises rendered unfit for occupancy bears to the whole of the Premises, until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant. 9.2 Notwithstanding any provision to the contrary contained in this lease if the Building is totally or partially damaged or destroyed (whether the Premises are affected or not), and: a) the cost, as estimated recourse by the Landlord of repairingtenant against the landlord. If, restoring or rebuilding the damaged or destroyed portions will exceed the proceeds of insurance available to the Landlord for such purpose or the damage or destruction was caused by a peril which is not covered by the Landlord's insurance; or b) less than two years remain of during the term of this lease, thenthe building is destroyed or damaged, in any of part only, without the above casestenant’s operation being affected or reduced, but the building requires substantial repairs, the Landlord landlord may, at its option : a) Either terminate this lease within thirty (to be exercised by written notice to Tenant within ninety (9030) days of the damage or destruction) elect to terminate this lease. 9.3 Without in any way limiting Tenant's responsibilities or obligations hereunder or occurrence of such loss under the lawoption to that effect given to him by the tenant at this time, Tenant shall be liable for all costs and damages resulting from damage or destruction by fire or other cause expressing his intention to this effect by means of written notice. In this case the lease will automatically end five (5) days after receipt of the aforementioned notice retroactively to the Building date of the loss and the tenant will not have the right to claim anything of the landlord as compensation, damage and interest or Premisesotherwise: or b) Either at the same time, when due notify the tenant of his intention to rebuild or repair and, in this case, the tenant will have to suffer the repairs without reduction of rent or with a reduction of the rent proportional to the fault reduction of the exploitation of the tenant in the rented premises during the construction or negligence repair work, but he shall not have the right to request the cancellation of Tenant this lease or Tenant's employeesto claim anything from the landlord as compensation, agents damages or contractors interest or persons for whom Tenant is in law responsibleotherwise.

FIRE AND DESTRUCTION OF PREMISES. 9.1 In SECTION 11.01. If (a) the event Leased Premises are destroyed or damaged to any extent by fire or other casualty and, as of the date of loss, at least thirty six (36) full calendar months remain in the term of this Lease, or (b) the Leased Premises are damaged to an extent of less than thirty percent (30%) of replacement cost above the foundation at any time when less than thirty six (36) but at least twenty four (24) full calendar months remain in the term of this Lease, or (c) the Leased Premises are damaged to an extent of less than twenty percent (20%) of replacement cost above the foundation at any time when less than twenty four (24) but at least twelve (12) full calendar months remain in the term of this Lease, then Landlord shall be obligated to repair and restore the Leased Premises, at Landlord's sole cost and expense, to the condition that existed upon the date Landlord originally tendered possession of the Leased Premises shall to Tenant. If the Leased Premises should be destroyed or damaged by firefire or other risk other than as provided in the immediately preceding sentence, lightning, tempest, then Landlord shall have the election to terminate this Lease or any similar peril, then: a) if to repair and reconstruct the damage or destruction is such that the Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy themLeased Premises, and if in either event, the damage, in the reasonable opinion Landlord will notify Tenant of Landlord its election within thirty (which shall be given by 30) days after receipt of written notice to from Tenant within ninety (90) days of the happening of such damage or destruction) cannot be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of such damage or destruction, either Landlord or Tenant may within five (5) days next succeeding the giving of Landlord's opinion as aforesaid, terminate this lease by giving to the other notice in writing of such termination, in which event the term of this lease shall cease and be at an end as of the date of such damage or destruction and the rent and all other payments for which Tenant is liable under the terms of this lease shall be apportioned and paid in full to the date of such damage or destruction. In the event that neither Landlord nor Tenant so terminates this lease, rent and all other payments for which Tenant is liable under the terms of this lease shall axxxx from the date of the happening of the damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; b) if the damage or destruction be such Notwithstanding that the Leased Premises are wholly unfit for occupancy, may not be destroyed or if it is impossible or unsafe to use or occupy them but, if in either event, the damage, in the reasonable opinion of Landlord (which shall be given to Tenant within ninety (90) days from the happening of such damage) can be repaired with reasonable diligence within one hundred and eighty (180) days of the happening of such damage, rent shall axxxx from the date of the happening of such damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; c) if in the reasonable opinion of Landlord, the damage can be made good as aforesaid within one hundred and eighty (180) days of the happening of such damage or destruction, and the damage is such that the Premises are capable of being partially used for the purposes for which leased, rent shall axxxx in the proportion that the part of the Premises rendered unfit for occupancy bears to the whole of the Premises, until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant. 9.2 Notwithstanding any provision to the contrary contained in this lease if the Building is totally or partially damaged or destroyed (whether the Premises are affected or not), and: a) the cost, as estimated by the Landlord of repairing, restoring or rebuilding the damaged or destroyed portions will exceed the proceeds of insurance available to the Landlord for such purpose or the damage or destruction was caused by a peril which is not covered by the Landlord's insurance; or b) less than two years remain of the term of this lease, then, in any of the above cases, the Landlord may, at its option (to be exercised by written notice to Tenant within ninety (90) days of the damage or destruction) elect to terminate this lease. 9.3 Without in any way limiting Tenant's responsibilities or obligations hereunder or under the law, Tenant shall be liable for all costs and damages resulting from damage or destruction by fire or other casualty, in the event that other buildings containing twenty percent (20%) or more of the ground floor building area of the Shopping Center shall be damaged or destroyed by fire or other casualty, whether or not covered by Landlords fire and extended coverage insurance, Landlord shall have the election to terminate this Lease or to continue this Lease in full force and effect, and Landlord will notify Tenant of its election within thrity (30) days after receipt of written notice by Landlord of sxxx xamage or destruction. SECTION 11.02. In any circumstances described above where Landlord is either obligated to repair and restore the Leased Premises, or where Landlord elects to repair and restore the Leased Premises, this Lease shall continue in full force and effect, and such repairs will be made by Landlord within a reasonable time thereafter, subject to delays caused by governmental restrictions, strikes, lockouts, shortages of labor or material, acts of God, war or civil commotion, fire, unavoidable casualty, inclement weather or any other cause beyond the control of Landlord (all of the aforesaid causes for delay being herein sometimes referred to as "Force Majeure"). Minimum Rent shall abate proportionately during the period and to the Building or Premises, when due to extent that the fault or negligence Leased Premises are unfit for use by Tenant and not actually used by Tenant in the ordinary conduct of Tenant or Tenant's employees, agents or contractors or persons for whom Tenant is in law responsibleits business.

FIRE AND DESTRUCTION OF PREMISES. 9.1 19.01 In the event that the Premises shall be Building is destroyed or damaged by fire, lightning, tempestfire or other cause, or any similar perilpartly destroyed or damaged so that the Landlord shall decide not to restore or rebuild substantially the same nature and quality structure (whether or not the Premises are also damaged or destroyed), then: athe Landlord may, within One Hundred and Eighty (180) if days after such fire or other cause, give notice in writing to the damage or destruction is other of such decision, whereupon this Lease shall expire forthwith and the Tenant shall immediately surrender the Premises and all interest therein to the Landlord and shall pay rent only to the date that the Premises are rendered wholly unfit for occupancy destroyed or it is impossible or unsafe to use and occupy them, and if in either event, the damage, in the reasonable opinion of Landlord (which shall be given by written notice to Tenant within ninety (90) days of the happening date of such damage surrender, whichever shall first occur. However, if the Landlord shall decide to restore or destruction) cannot rebuild substantially the same nature and quality structure, this Lease shall remain in full force and effect and the Landlord agrees that the same shall be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of such damage or destruction, either Landlord or Tenant may within five (5) days next succeeding the giving of Landlord's opinion as aforesaid, terminate this lease by giving to the other notice in writing of such termination, dispatch in which event the term of this lease Net Rent shall cease be diminished in proportion to the time and be at an end as the part of the date Premises of such damage or destruction and which the rent and all other payments for which Tenant is has been deprived. In no event shall the Landlord be liable under the terms of this lease shall be apportioned and paid in full to the date of Tenant for any loss or damage occasioned by such damage fire or destruction. other cause. 19.02 In the event Landlord elects to restore or rebuild as aforesaid, it is expressly understood and agreed that neither Landlord nor Tenant so terminates this lease, rent and all other payments for which Tenant is liable under the terms extent of this lease shall axxxx from the date of the happening of the damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for obligation will be to rebuild or restore to substantially the Building, condition in which Landlord may modify the Building and Premises were initially delivered to Tenant as modified to be consistent with the plans plans, specifications and design criteria for selected by Landlord at the rebuilding time of the Building or the Premisesreconstruction. For greater certainty, Nothing herein contained shall be construed to oblige the Landlord shall not have any liability to repair or restore reconstruct any leasehold alterations, improvements or trade fixtures property of the Tenant. On the contrary, all other improvements in the Premises, whether installed by Landlord or Tenant; b) if the damage or destruction be such that and to the Premises are wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them but, if in either event, the damage, in the reasonable opinion of Landlord (which shall be given the responsibility of Tenant who shall be obliged to Tenant within ninety (90) days from the happening of such damage) can be repaired with reasonable diligence within one hundred repair and eighty (180) days of the happening of such damage, rent shall axxxx from re-fixture to a standard at least equivalent to that which existed prior to the date of the happening of such damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; c) if in the reasonable opinion of Landlord, the damage can be made good as aforesaid within one hundred and eighty (180) days of the happening of such damage or destruction, and the damage is such that the Premises are capable of being partially used for the purposes for which leased, rent shall axxxx in the proportion that the part of the Premises rendered unfit for occupancy bears to the whole of the Premises, until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant. 9.2 Notwithstanding any provision to the contrary contained in this lease if the Building is totally or partially damaged or destroyed (whether the Premises are affected or not), and: a) the cost, as estimated by the Landlord of repairing, restoring or rebuilding the damaged or destroyed portions will exceed the proceeds of insurance available being carried by Tenant in respect to the Landlord for such purpose or the damage or destruction was caused by a peril which is not covered by the Landlord's insurance; or b) less than two years remain of the term of this lease, then, in any of the above cases, the Landlord may, at its option (property and improvements to be exercised held in trust jointly by written notice to Landlord and Tenant within ninety (90) days for the purpose of the damage or destruction) elect to terminate this leasesaid repair and replacement. 9.3 Without in any way limiting Tenant's responsibilities or obligations hereunder or under the law, Tenant shall be liable for all costs and damages resulting from damage or destruction by fire or other cause to the Building or Premises, when due to the fault or negligence of Tenant or Tenant's employees, agents or contractors or persons for whom Tenant is in law responsible.

FIRE AND DESTRUCTION OF PREMISES. 9.1 11.1 In the event that the Premises shall be destroyed or damaged by firefire or other casualty, lightning, tempest, or any similar perilinsurable under fire and all risks insurance coverage, then: a(i) if in the opinion of Landlord the damage or destruction is such that the Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy them, and if in either event, event the damage, in the reasonable further opinion of Landlord (which shall be given by written notice to Tenant within ninety thirty (9030) days of the happening of such damage or destruction) cannot be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of such damage or destruction, either Landlord or Tenant may within five (5) days next succeeding the giving of Landlord's ’s opinion as aforesaid, terminate this lease Lease by giving to the other notice in writing of such termination, in which event the term of this lease Lease shall cease and be at an end as of the date of such destruction or damage or destruction and the rent Rent and all other payments for which Tenant is liable under the terms of this lease Lease shall be apportioned and paid in full to the date of such damage destruction or destructiondamage. In the event that neither Landlord nor Tenant so terminates this leaseLease, rent and all other payments for which Tenant is liable under the terms of this lease Rent shall axxxx xxxxx from the date of the happening of the damage until the Landlord damage shall have repaired the damage be made good to the Premises extent of enabling Tenant to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications use and design criteria for the rebuilding of the Building or occupy the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; b(ii) if the damage or destruction be such that the Premises are wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them but, but if in either event, event the damage, in the reasonable opinion of Landlord (which shall be given to Tenant within ninety thirty (9030) days from the happening of such damage) can be repaired with reasonable diligence within one hundred and eighty (180) days of the happening of such damage, rent Rent shall axxxx xxxxx from the date of the happening of such damage until the Landlord damage shall have repaired the damage be made good to the Premises extent of enabling Tenant to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications use and design criteria for the rebuilding of the Building or occupy the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant;: c(iii) if in the reasonable opinion of Landlord, the damage can be made good as aforesaid within one hundred and eighty (180) days of the happening of such damage destruction or destructiondamage, and the damage is such that the Premises are capable of being partially used for the purposes for which leased, rent until such damage has been repaired, Rent shall axxxx xxxxx in the proportion that the part of the Premises rendered unfit for occupancy bears to the whole of the Premises, until . 11.2 In the Landlord shall have repaired event that the damage Building is partially destroyed or damaged so as to affect twenty percent (20%) or more of the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding rentable area of the Building or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in containing the Premises, whether installed by or in the opinion of Landlord or Tenant. 9.2 Notwithstanding any provision to the contrary contained in this lease if the Building is totally rendered unsafe, and whether or partially damaged or destroyed (whether not the Premises are affected or not)affected, and: a) and in the cost, as estimated by the opinion of Landlord of repairing, restoring or rebuilding the damaged or destroyed portions will exceed the proceeds of insurance available to the Landlord for such purpose or the damage or destruction was caused by a peril (which is not covered by the Landlord's insurance; or b) less than two years remain of the term of this lease, then, in any of the above cases, the Landlord may, at its option (to shall be exercised given by written notice to Tenant within ninety thirty (9030) days of the happening of such damage or destruction), cannot be repaired with reasonable diligence within one hundred and eighty (180) elect to days from the happening of such damage or destruction, Landlord may within five (5) days next succeeding the giving of Landlord’s opinion as aforesaid, terminate this leaseLease by giving to Tenant notice in writing of such termination, in which event the term of this Lease shall cease and be at an end as of the date of such destruction or damage and the Rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. 9.3 Without 11.3 In the event of the termination of this Lease as hereinabove provided, all insurance proceeds excluding those relating to Tenant’s property and excluding those related directly to the percentage of the cost of the Initial Improvements in any way limiting Tenant's responsibilities or obligations hereunder or the proportion that these have been paid for directly by the Tenant and to the extent Tenant is not indebted to Landlord under the lawprovisions of this Lease, Tenant shall be liable for all costs and damages resulting from remain the absolute property of Landlord. 11.4 Nothing herein contained shall oblige Landlord to repair or reconstruct any alterations, improvements including Initial Improvements, or other property of Tenant. 11.5 If any damage or destruction by fire or other cause to the Building or Premises, when whether partial or not, is due to the fault or negligence neglect of Tenant or Tenant's , its officers, agents, employees, agents servants, visitors or contractors or persons licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the rights of subrogation of Landlord’s insurer: (i) Tenant shall be liable for whom all costs and damages; (ii) the damages may be repaired by Landlord at Tenant’s expense; (iii) Tenant is shall forfeit its right to terminate this lease as provided in law responsibleArticle 11.1(i); (iv) Tenant shall forfeit any abatement of Rent provided in this Article 11 and Rent shall not xxxxx.

FIRE AND DESTRUCTION OF PREMISES. 9.1 In Section 11.01. If all or any portion of the event that Leased Premises, or all or any portion of any other buildings in the Premises shall Commercial Park, should be destroyed or damaged by fire or any other risk, peril or casualty (whether or not covered by insurance), and same cannot be repaired, rebuilt or restored within 210 days from the occurrence of such fire, lightningrisk, tempest, peril or any similar peril, then: a) if the damage or destruction is such that the Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy them, and if in either event, the damageother casualty (“Major Damage”), in the reasonable opinion of a reasonable contractor selected by Landlord (“Landlord’s Contractor”), Landlord shall have the election to terminate this Lease or (if the Leased Premises have been so damaged) to rebuild, repair and reconstruct the Leased Premises to substantially the condition which shall be given by written notice existed at the time of Landlord’s tender of possession of the Leased Premises to Tenant (with the exception of replacement of the floor covering), and Landlord will notify Tenant of its election within ninety fifteen (9015) days after the issuance of the happening of such damage or destruction) cannot be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of such damage or destruction, either Landlord or Tenant may within five (5) days next succeeding the giving opinion of Landlord's opinion as aforesaid, terminate this lease by giving to the other notice in writing of such termination, in which event the term of this lease shall cease and be at an end as of the date of such damage or destruction and the rent and all other payments for which Tenant is liable under the terms of this lease shall be apportioned and paid in full to the date of such damage or destruction’s Contractor. In the event that neither Landlord nor Tenant so terminates this lease, rent and all of Major Damage to the Leased Premises due to such a fire or other payments for which Tenant is liable under casualty during the terms of this lease shall axxxx from the date last twelve (12) months of the happening Lease Term, or in the event of the damage until the Landlord shall have repaired the damage to the Leased Premises to meet the Landlord's base building criteria for the Buildingwhich cannot be repaired, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building rebuilt or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; b) if the damage or destruction be such that the Premises are wholly unfit for occupancy, or if it is impossible or unsafe to use or occupy them but, if in either event, the damage, in the reasonable opinion of Landlord (which shall be given to Tenant restored within ninety (90) 210 days from the happening occurrence of such damage) can be repaired with reasonable diligence within one hundred and eighty (180) days of the happening of such damagefire, rent shall axxxx from the date of the happening of such damage until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Buildingperil, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building risk or the Premises. For greater certainty, the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant; c) if other casualty in the reasonable opinion of Landlord’s Contractor, then Tenant shall likewise have the damage can be made good as aforesaid right to terminate this Lease by notice to Landlord within one hundred and eighty fifteen (18015) days following its receipt of the happening opinion of Landlord’s Contractor concerning such damage matters. Landlord shall cause Landlord’s Contractor to issue to Landlord its written opinion as to the time required to repair, rebuild or destructionrestore the Commercial Park, and the damage is time required to repair, rebuild or restore the Leased Premises, within sixty (60) days following such fire or other casualty. Section 11.02. In any circumstances described above where neither party terminates this Lease, Landlord shall repair, rebuild and restore the Leased Premises, this Lease shall continue in full force and effect, and such repairs, rebuilding and restorations will be made by Landlord as soon as reasonably possible thereafter, subject to delays caused by governmental restrictions, strikes, lockouts, shortages of labor or material, Acts of God, war or civil commotion, fire, unavoidable casualty, inclement weather or any other cause beyond the reasonable control of Landlord (all of the aforesaid causes for delay being herein sometimes referred to as “Force Majeure”). Rent shall xxxxx proportionately during the period and to the extent that the Leased Premises are capable of being partially unfit for use by Tenant and not actually used for the purposes for which leased, rent shall axxxx by Tenant in the proportion that ordinary conduct of its business. In the part event, for any reason whatsoever (including but not limited to events of the Premises rendered unfit for occupancy bears to the whole of the Premises, until the Landlord shall have repaired the damage to the Premises to meet the Landlord's base building criteria for the Building, which Landlord may modify to be consistent with the plans specifications and design criteria for the rebuilding of the Building or the Premises. For greater certaintyForce Majeure), the Landlord shall not have any liability to repair or restore any leasehold improvements or trade fixtures in the Premises, whether installed by Landlord or Tenant. 9.2 Notwithstanding any provision to the contrary contained in this lease if the Building is totally or partially damaged or destroyed (whether the Commercial Park and Leased Premises are affected not fully restored, repaired and rebuilt within 250 days following the occurrence of such fire or not)other casualty, and: a) Tenant shall again have the cost, as estimated by the Landlord of repairing, restoring or rebuilding the damaged or destroyed portions will exceed the proceeds of insurance available to the Landlord for such purpose or the damage or destruction was caused by a peril which is not covered by the Landlord's insurance; or b) less than two years remain of the term of this lease, then, in any of the above cases, the Landlord may, at its option (to be exercised by written notice to Tenant within ninety (90) days of the damage or destruction) elect right to terminate this lease. 9.3 Without Lease, by notice to Landlord at any time thereafter and prior to the completion of such restorations, repairs and rebuilding. Notwithstanding the foregoing, in any way limiting the event Tenant exercises its right to terminate in accordance with this Section 11.02 and Landlord completes its reconstruction of the Leased Premises within fifteen (15) days thereafter, then Tenant's responsibilities or obligations hereunder or under the law, Tenant ’s notice of termination shall be liable for all costs rendered null and damages resulting from damage or destruction by fire or other cause to void and the Building or Premises, when due to the fault or negligence of Tenant or Tenant's employees, agents or contractors or persons for whom Tenant is Lease shall continue in law responsiblefull force and effect.