Common use of Fire and Other Casualty Clause in Contracts

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Premises untenantableLandlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be premises are so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or premises are so extensively and substantially damaged as that the Landlord decides not to require practically a rebuilding thereofrebuild, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from paid up to the date time of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate such destruction and thenceforth this Lease by written notice shall come to Landlordan end. In no event howeverHowever, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of In the event that at any time during the term hereof (including any extended term) the Leased Premises are totally damaged or destroyed by fire or other casualty at the Premises. If the Premises is or substantially damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it them or a material portion thereof untenantable, then the rent shall cease until such time as the Premises there shall be made tenantable by the Landlord. However, if, in the opinion a just and proportionate abatement of the LandlordRent payable hereunder until the Leased Premises are made suitable for Tenant’s occupancy, and the Lease Term shall be extended, without the necessity of further action by any party, for a period equal to the time during which Rent so abated. In the event of such substantial (or total) damage to the Leased Premises, Landlord shall proceed at its expense and with reasonable diligence to repair and restore the Leased Premises to substantially the same condition they were in immediately prior to such casualty. Notwithstanding the foregoing, if Landlord in its sole discretion determines that timely restoration is not possible or practical or that there are or will be totally destroyed or so extensively and substantially damaged as insufficient insurance proceeds available to require practically a rebuilding thereofLandlord to accomplish same, then Landlord shall either: (a) notify Tenant that have the Lease is terminated; or (b) notify Tenant that Landlord intends right to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice given to LandlordTenant within ninety (90) days after the occurrence of such casualty. In no event however, shall If Landlord proceeds with the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct repair and restoration of the Leased Premises, in the event the Leased Premises have not been restored to a condition substantially suitable for their intended purpose within one hundred eighty (180) days following said casualty, then either Landlord or Tenant shall have the right to terminate this Lease by giving notice thereof to the other party within thirty (30) days after the expiration of such period (as so extended) provided that such restoration is not completed within such period. This Lease shall cease and come to an end without further liability or obligation on the part of either party thirty (30) days after such giving of notice unless within such thirty-day period Landlord substantially completes such restoration. Such right of termination shall be Tenant’s agentssole and exclusive remedy at law or in equity for Landlord’s failure so to complete such restoration, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment and time shall be of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryessence with respect thereto.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at In the Premises. If event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty, but Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to render the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises untenantableto substantially the same condition as that before the damage occurred; provided, further, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Base Rental due from Lessee hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty until issuance is directly or indirectly attributable to any act of a certificate fault or negligence on the part of occupancy for the PremisesLessee, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s and/or its agents, employees, guests, contractors, licensees, or invitees, subtenants, assignees then (i) such damage or successors. In such casedestruction to the Leased Premises, the Tenant’s liability for Building, and/or the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant Property shall be liable promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not xxxxx during such period of restoration and refurbishment; (iii) Lessee shall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryobligations of Lessee hereunder.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at In the Premises. If event the Leased Premises is partially or totally destroyed or damaged by fire or other casualty, but Lessor may, at its option, terminate this Agreement, and in such event, the Base Rental hereunder shall be prorated for such month during which Lessor's termination occurs and shall not be due thereafter. In the event the Lessor does not so terminate this Agreement, then, subject to the following provisions of this Section 14, Lessor may proceed as soon as is reasonably practicable, at its sole cost and expense to render the extent of Lessor's insurance proceeds available, if any, to repair and restore the Leased Premises untenantableto substantially the same condition as that before the damage occurred; provided, further, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Base Rental due from Lessee hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated during the period of restoration to the extent of the unusable portion of the Leased Premises. In the event Lessor does not complete such repair and restoration within six (6) months from the date of damage or destruction, Lessee may terminate this Agreement. In the event the damage or destruction to the Leased Premises through fire or other casualty until issuance is directly or indirectly attributable to any act of a certificate fault or negligence on the part of occupancy for the PremisesLessee, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s and/or its agents, employees, guests, contractors, licensees, or invitees, subtenants, assignees then (i) such damage or successors. In such casedestruction to the Leased Premises, the Tenant’s liability for Building, and/or the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant Property shall be liable promptly repaired by Lessee, at its sole cost and expense; (ii) the Base Rental shall not abate during such period of restoration and refurbishment; (iii) Lesxxx xhall not be entitled to terminate this Agreement; and (iv) Lessee shall fully reimburse Lessor for all costs and expenses, including responsible attorneys' fees, incurred by Lessor on behalf of Lessee in connection with undertaking the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryobligations of Lessee hereunder.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises9. (a) If the Premises is demised premises or any part thereof shall be damaged by fire or other casualty, but not so Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Premises untenantabledemised premises are partially damaged or rendered partially unusable by fire or other casualty, the Landlord damages thereto shall be repaired by and at the expense of Owner and the rent, until such repair shall be substantially completed, shall be apportioned from the same as speedily as practicable, but day following the Tenant’s obligation to pay casualty according the rent hereunder shall not cease. If, in the opinion part of the Landlord, premises which is usable. (c) If the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time the date when the premises shall have been repaired and restored by Owner, subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the Premises demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shall be made tenantable by the Landlord. Howeverso damaged that Owner shall decide to demolish it or to rebuild it, ifthen, in the opinion any of the Landlordsuch events, the Premises be totally destroyed or so extensively and substantially damaged as Owner may elect to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease lease by written notice to Landlord. In no event Tenant, given within 90 days after such fire or casualty, specifying a date for the expiration of the lease, which date shall not be more than 60 days after the giving of such notice, and upon the date specified in such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit surrender and vacate the premises without prejudice however, to Landlord's rights and remedies against Tenant under the lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and an payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Owner shall serve a termination notice as provided for herein, Owner shall make the repairs and restorations under the conditions of (b) and (c) hereof, with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Owner's control. After any such casualty, Tenant shall cooperate with Owner's restoration by removing from the premises as promptly as reasonably possible, all of Tenant's salvageable inventory and movable equipment, furniture, and other property. Tenant's liability for rent shall resume five (5) days after written notice from Owner that the premises are substantially ready for Tenant's occupancy. (e) Nothing contained herein above shall relieve Tenant from liability that may exist as a result of damage from fire or other casualty. Notwithstanding the foregoing, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law. Owner and Tenant each hereby releases and waives all right of recovery against the other or any one claiming through or under each of them by way of subrogation or otherwise. The foregoing release and waiver shall be in force only if both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then the party benefiting from the waiver shall pay such premium within ten days after written demand or shall be deemed to have agreed that the party obtaining insurance coverage shall be free of any further obligation under the provisions hereof with respect to waiver of subrogation. Tenant acknowledges that Owner will not carry insurance on Tenant's furniture and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by Tenant and agrees that Owner will not be obligated to repair any damage thereto or replace the same. (f) Tenant hereby waives the provisions of Section 227 of the Real Property Law and agrees that the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent article shall govern and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarycontrol in lieu thereof.

Fire and Other Casualty. Tenant shall immediately notify Landlord 13th: In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Premises untenantableLandlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises premises be so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated paid up to the time of such destruction and then and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written notice lease shall come to Landlordan end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises21.01. If the Premises is shall be damaged by fire or other casualty other than as a result of the fault or negligence of Tenant, and such fire or other casualty is insured against by Landlord, and Landlord shall have received from such insurance sufficient proceeds to fully repair all of the damage caused by such fire and other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicabledamage, but the provided that Landlord shall have no obligation to repair damage to or replace Tenant’s obligation to pay Personal Property or any other property located in the rent hereunder Premises, and the Lease shall not ceaseterminate. IfExcept as otherwise provided herein, in if the opinion entire Premises are rendered untenantable by reason of the Landlordany such damage, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as xxxxx for the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated period from the date of the fire or other casualty until issuance damage to the date the damage is repaired as determined by Landlord, and if only a part of a certificate of occupancy the Premises are so rendered untenantable the rent shall xxxxx for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, during however, that if prior to the date when all the damage has been repaired part of the Premises so damaged are rendered tenantable and shall be or could be used or occupied by or through Tenant, then the amount by which time Tenant may terminate this Lease the rent abates shall be apportioned for the period from the date of such actual or available use or occupancy to the date when all the damage has been repaired as determined by written notice to Landlord. In no event howeverNo compensation or reduction of rent shall be paid or allowed by Landlord for interruption, shall the provisions of this clause become effective inconvenience, annoyance, or be applicable, if the fire or other casualty results injury to Tenant’s business arising from the carelessness, negligence or improper conduct of need to repair the Tenant Premises or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryBuilding.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. IfIt, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: either (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.

Fire and Other Casualty. Tenant shall immediately notify Landlord (a) In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, and the cost to repair said damages is $25,000 or less, then Tenant shall be responsible for making repairs directly. Except as provided in the next sentence, if the cost to render the Premises untenantablerepair such partial damage is more than $25,000, then the Landlord shall repair the same as speedily as practicable, but in neither case shall the Tenant’s obligation to pay the rent hereunder shall not cease. If, in If Landlord and Tenant agree that the opinion of the Landlord, the Premises be premises are so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord. However, if, in if the opinion of the Landlord, the Premises premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends building cannot be restored to rebuild the Premises, in which case, rent shall be abated tenantable condition within 180 days from the date of damage, or if Landlord has not restored the fire or other casualty until issuance of a certificate of occupancy for the Premisesbuilding to tenantable condition within such 180-day period, during which time Tenant then either party may terminate cancel this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of lease; then the rent shall be paid up to the time of such destruction and the performance of all the covenants, conditions then and terms hereof on the Tenant’s part from thenceforth this lease shall come to be performed shall continue and an end. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be liable paid over to the Landlord for to the damage and loss suffered by extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement. Tenant shall Any disputes regarding these repair all damages caused to the Premises and restoration provisions will be settled by vandalism or burglaryarbitration, in accordance with Article 38.

Fire and Other Casualty. Tenant (a) If the premises shall immediately notify Landlord be damaged by fire, action of any fire the elements or other casualty or cause which is within the risks covered by insurance required to be carried by the Landlord hereunder, the Tenant shall give immediate notice thereof to the Landlord, and said damage shall be repaired by the Landlord, at the Premises. If Landlord's expense, with all reasonable speed, making due allowance for delay due to labor troubles, settlement of loss and other causes beyond the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion control of the Landlord, and the Premises be so extensively Tenant shall, in every reasonable way, facilitate the making of such repairs, and substantially damaged as to render it untenantable, then the rent shall cease until be suspended during such time period as the Premises premises shall be made tenantable have been rendered wholly untenantable until five (5) days after the Landlord notifies the Tenant that the premises are substantially ready for the Tenant's occupancy (or the premises are sooner occupied by the Landlord. However, ifTenant) and, in the opinion event that the premises are rendered partially untenantable (but the Tenant is able to operate in substantially its normal manner in the remaining tenantable portion of the Landlordpremises), the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from during such period, in the proportion which the area of the premises which is rendered untenantable bears to the area of the whole premises. The Landlord shall use good faith efforts to give the Tenant at least thirty (30) days' notice of the anticipated date of substantial completion, and shall allow the fire Tenant to commence its restoration work in the premises during such time so long as the performance of such work by the Tenant does not interfere with or delay the performance of the Landlord's work. No damage to the premises or the building by fire, or other casualty until issuance of a certificate of occupancy for the Premisescause, during which time Tenant may however extensive, shall terminate this Lease by written notice lease, or give the Tenant the right to Landlord. In no event howeverquit and surrender the premises, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct impair any obligations of the Tenant or the Tenant’s agentshereunder, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for except with respect to the payment of rent (and with respect thereto to the rent extent above provided) and except that (i) if the damage shall be so extensive that the Landlord shall determine to demolish or substantially alter the building, whether or not the premises are affected, the Landlord may at any time within one hundred twenty (120) days following the occurrence of the damage give to the Tenant thirty (30) days' notice of intention to terminate this lease; (ii) if the damage to the premises is substantial so that the whole or substantially the whole of the premises is rendered untenantable or inaccessible by the Tenant or if 50% or more of the common areas of the building are destroyed or substantially damaged and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.does

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises there is damaged by a fire or other casualty, but not so as the Tenant will give immediate notice to render the Landlord. If the Premises untenantableare partially damaged by fire, the elements or other casualty, the Landlord shall will repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall will not cease. If, in the opinion of the Landlord, Township Fire Department the Premises be so extensively and substantially damaged as to render it premises are rendered untenantable, then the rent shall rent, property taxes and CAM will cease. However, if the premises are destroyed or damaged such that repairs cannot be completed in 120 days, then the rent, property taxes and CAM will cease until such time as the Premises shall be primises are made tenantable by the Landlord. landlord.. However, if, in the opinion of the Landlord, if the Premises be are totally destroyed or so extensively and substantially damaged as (50% or more and cannot be fully repaired within 120 days) then the rent will be paid up to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends time of such destruction and the lease will come to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlordan end. In no event however, shall will the provisions of this clause the preceding three sentences become effective or be applicable, if the fire or other casualty results from and damage are the result of carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, subtenants assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenantscovenant, conditions and terms hereof on the Tenant’s 's part to be performed shall will continue and the Tenant shall will be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused was insured against any of the risks herein covered, then the proceeds of such insurance will be paid over the Landlord to the Premises by vandalism or burglaryextent of the Landlord’s costs and expenses to make the repairs hereunder and such insurance carriers will have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire (a) If the Building or other casualty at improvements on the Premises. If the Premises is Land shall be damaged or destroyed by fire or other casualty, but Tenant, at Tenant's sole cost and expense, shall promptly and diligently proceed to adjust the loss with the insurance companies (subject to the approval of the Mortgagee (if applicable) and of Landlord, not to be unreasonably withheld, delayed or conditioned) and arrange for the disbursement of insurance proceeds, and repair, rebuild or replace such Building and other improvements, so as to render restore the Demised Premises untenantableto the condition in which they were immediately prior to such damage or destruction. The net proceeds of any insurance recovered by reason of such damage or destruction in excess of the cost of adjusting the insurance claim and collecting the insurance proceeds (such excess being referred to herein as the "Net Insurance Proceeds") shall be held by the Mortgagee (provided that such Mortgagee is a bank, savings association, insurance company or other similar institutional lender; herein called "Institutional Lender"), or, if no Institutional Lender then holds a mortgage lien, or deed of trust on the Demised Premises, by any national or state chartered bank which is reasonably acceptable to Landlord and Tenant; and the Net Insurance Proceeds shall repair be released for the same purpose of paying the fair and reasonable cost of restoring such Building and other improvements. Such Net Insurance Proceeds shall be released to Tenant, or to Tenant's contractors, from time to time as speedily the work progresses, pursuant to such requirements and limitations as practicablemay be reasonably acceptable to Landlord and Mortgagee (if the Mortgagee so requires), but including, without limitation, lien waivers from each of the Tenant’s obligation contractors, subcontractors, materialmen and suppliers performing the work. If the Net Insurance Proceeds (less any applicable deductible) are insufficient to restore the Demised Premises, Tenant shall be obligated to pay such deficiency and the amount of any such deductible. Notwithstanding the foregoing, if the Net Insurance Proceeds are less than Twenty-Five Thousand Dollars ($25,000.00)(which amount will automatically be increased to $250,000.00 whenever the stockholder equity of Tenant equals or exceeds the Minimum Net Worth), and if the Mortgagee agrees in writing, such Net Insurance Proceeds may be held by Tenant and used by Tenant to pay the rent hereunder shall not ceasefair and reasonable cost of restoring such Demised Premises and other improvements. If, in If the opinion Net Insurance Proceeds exceed the full cost of the Landlordrepair, rebuilding or replacement of the Premises be so extensively damaged Building or other improvements, if the Mortgagee does not retain such excess proceeds and substantially damaged as apply the same on account of the debt owed to render it untenantableit, then the rent shall cease until amount of such time as the Premises excess Net Insurance Proceeds shall be made tenantable paid to Tenant upon the completion of such repair, rebuilding or replacement. Landlord agrees not unreasonably to withhold or delay any approvals required to be obtained by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as Tenant from Landlord pursuant to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarySection 21(a).

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. A. If the Premises is shall be damaged by fire or other casualty other than as a result of the fault or negligence of Tenant, and such fire or other casualty is insured against by Landlord, and Landlord shall have received from such insurance sufficient proceeds to fully repair all of the damage caused by such fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicabledamage, but the provided that Landlord shall have no obligation to repair damage to or replace Tenant’s obligation to pay the rent hereunder shall not cease. If, Personal Property or any other property located in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which caseand the Lease shall not terminate. Except as otherwise provided herein, rent if the entire Premises are rendered untenantable by reason of any such damage, Rent shall be abated xxxxx for the period from the date of the fire or other casualty until issuance damage to the date the damage is repaired as determined by Landlord, and if only a part of a certificate of occupancy the Premises are so rendered untenantable Rent shall xxxxx for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, during however, that if prior to the date when all the damage has been repaired part of the Premises so damaged are rendered tenantable and shall be or could be used or occupied by or through Tenant, then the amount by which time Tenant may terminate this Lease Rent abates shall be apportioned for the period from the date of such actual or available use or occupancy to the date when all the damage has been repaired as determined by written notice to Landlord. In no event howeverNo compensation or reduction of Rent shall be paid or allowed by Landlord for inconvenience, shall the provisions of this clause become effective annoyance, or be applicable, if the fire or other casualty results injury to Tenant’s business arising from the carelessness, negligence or improper conduct of need to repair the Tenant Premises or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryBuilding.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises9. (a) If the Premises is demised premises or any part thereof shall be damaged by fire or other casualty, but not so Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Premises untenantable, demised premises are partially damaged or rendered partially unusable by fire or other casualty the Landlord damages thereto shall repair be repaired by and at the same as speedily as practicable, but the Tenant’s obligation to pay expense of Owner and the rent hereunder and other items of additional rent, until such repair shall not cease. Ifbe substantially completed, in shall be apportioned from the opinion day following the casualty according to the part of the Landlord, premises which is usable. (c) If the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent and other items of additional rent as hereinafter expressly provided shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time as the Premises date when the premises shall have been repaired and restored by Owner (or sooner re-occupied in part by Tenant then rent shall be made tenantable by the Landlord. However, if, apportioned as provided in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or subsection (b) notify Tenant above), subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Landlord intends Owner shall decide to demolish it or to rebuild the Premisesit, then, in which caseany of such events, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant Owner may elect to terminate this Lease lease by written notice to Landlord. In no event howeverTenant, shall the provisions of this clause become effective or be applicable, if the given within 90 days after such fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.or

Fire and Other Casualty. Tenant shall immediately notify Landlord In the event of any fire total or other casualty at the Premises. If partial destruction of the Premises is damaged by fire or other casualty, Landlord agrees to promptly restore and repair the Premises to the same or equivalent condition as existed as of the Commencement Date, but not so as to render including Tenant's Trade Fixtures and other personal property which were not a part of the Premises untenantableinitial construction by Landlord; provided, the Landlord shall repair the same as speedily as practicablehowever, but the Tenant’s that Landlord's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively restore and substantially damaged as to render it untenantable, then the rent shall cease until such time as repair the Premises shall be made tenantable by subject to the Landlordsufficiency of insurance proceeds for restoration and repair and subject to the availability of such replacement insurance proceeds from any current or subsequent bona-fide mortgagee. HoweverNotwithstanding the foregoing, if, in the opinion of the Landlord, if the Premises are (i) so destroyed that they cannot be totally destroyed repaired or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: rebuilt within two hundred forty (a240) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from days after the date of the fire damage or other destruction; or (ii) destroyed by a casualty until issuance which is not covered by the insurance required hereunder, then, in the case of a certificate clause (i) casualty, either Landlord or Tenant may, or, in the case of occupancy for the Premisesa clause (ii) casualty, during which time Tenant may terminate this Lease by then Landlord may, upon thirty (30) days written notice to Landlord. In no event howeverthe other party, terminate and cancel this Lease; and all further obligations hereunder shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct thereupon cease and terminate as of the Tenant earlier to occur of (i) the date of termination, or (ii) the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment expiration of the rent loss insurance benefits described herein. Landlord shall notify Tenant in writing within ninety (90) days of the date of the damage or destruction as to whether or not Landlord intends to restore and repair the Premises and the performance estimated completion time thereof. Any proceeds from the fire and extended coverage insurance policies not utilized (i) by Landlord in restoring or repairing the Premises or (ii) to reimburse Landlord for any and all reasonable out-of-pocket costs and expenses incurred by Landlord in connection with such damage or destruction shall become the sole property of all Tenant; provided, however, that Landlord shall oversee the covenantsrestoration and repair, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable have no rights with respect thereto other than its right to employ an inspecting architect or engineer who will have the Landlord for same rights as the damage and loss suffered by Inspecting Architect under the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryConstruction Addendum hereto.

Fire and Other Casualty. Tenant shall immediately notify Landlord If before or during the term of any fire or other casualty at the Premises. If this Lease, the Premises is or the Building shall be damaged by fire or other casualtycasualty which renders the Building, but not so as to render the Premises, or any part of the Building or the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion Lessor within thirty (30) days of such fire or casualty or of the Landlord, receipt of written notice from Lessee of such damage (whichever shall last occur) shall have the right to either (i) serve written notice upon Lessee of Lessor's intent to repair said damage or (ii) if said damage renders so much of the Premises or of the Building untenantable that repair would not be so extensively and substantially damaged as to render it untenantablefeasible, then the rent or if said damage shall cease until such time as the Premises shall be made tenantable have been occasioned by the Landlord. Howeveract or omission of Lessee, ifits servants, in the opinion of the Landlordagents or employees, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant serve written notice upon Lessee that the this Lease is terminated; provided, however, that Lessor shall not so terminate this Lease unless such repairs cannot be made within a period of sixty (60) days or unless at the time such notice is given there remains less than one (b1) notify Tenant that Landlord intends year during the unexpired current term of this Lease. If Lessor shall elect to rebuild the Premisesrepair such damage, in which case, rent such repairs shall be abated from commenced within thirty (30) days of notice to Lessee of such election and such repairs shall be completed within one hundred eighty (180) days of notice to Lessee of such election. Beginning at the date of the casualty, the Base Rent and payments due on account of Lessor's Operating Expenses shall be reduced to an amount which bears the same ratio to the same as the portion of the Premises then available for use bears to the entire Premises. Upon completion of such repair, the Base Rent and such charges shall thereafter be paid as if no fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlordhad occurred. In no event however, shall the The other provisions of this clause become effective paragraph 17 notwithstanding, Lessor shall have no obligation to replace or be applicable, if repair any property in Building or on the fire Premises belonging to Lessee or other casualty results to any one claiming through or under Lessee; nor shall Lessor have any obligation hereunder to replace or repair any property on the Premises which Lessor shall have the right to require Lessee to remove from the carelessnessPremises or any alteration, negligence addition, or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused improvement made to the Premises by vandalism by, for, or burglaryat the direction of Lessee.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. (A) If the Demised Premises is shall be damaged or destroyed by fire or other casualty, but then Tenant shall give notice thereof to Landlord and except as hereinafter otherwise provided, Landlord shall, within reasonable time thereafter, repair or restore the Demised Premises to substantially the same condition the Demised Premises were in prior to such casualty and capable of being and for the uses permitted hereby. Notwithstanding the foregoing, Landlord shall not be obligated to spend for such repairs and restoration any amount in excess of such insurance proceeds, if any, as shall be paid to Landlord as the result of such damage or destruction, and subject to the prior rights thereto, if any, of any mortgagees. If the damage to the Demised Premises should be so extensive as to render the Premises untenantablewhole or any part thereof untenable or unsuitable for use and occupancy by Tenant for the uses permitted hereunder, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion a just proportion of the LandlordMinimum Rent, Real Estate Taxes and Operating Expenses, according to the Premises nature and extent of the injury to the Demised Premises, shall be so extensively and substantially damaged as to render it untenantable, then suspended or abated until occupancy of the rent shall cease until such time as the Demised Premises shall be made tenantable by the Landlord. However, if, repaired or restored as provided in the opinion first sentence of this Section (A). It is agreed and understood that if during the term of this Lease either the Demised Premises or the Building shall be damaged or destroyed as aforesaid to the extent of twenty-five percent (25%) or more of their insurable value, Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereofat its election, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate the term of this Lease by written a notice to LandlordTenant within thirty (30) days after such damage or destruction. It is also agreed and understood that if during the last six (6) months of the term of this Lease the Demised Premises shall be damaged or destroyed as aforesaid to the extent of twenty-five percent (25%) or more of their insurable value, Tenant at its election, may terminate the term of this Lease by a notice to Landlord within thirty (30) days after such damage or destruction. In no the event however, shall of any termination of the term of this Lease pursuant to the provisions of this clause become Article, the termination shall be effective or be applicable, if upon the fire or other casualty results from fifteenth (15th) day after the carelessness, negligence or improper conduct giving of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successorsnotice of termination. In such case, the Tenant’s liability for the payment A just proportion of the rent Minimum Rent, Real Estate Taxes and Operating Expenses, according to the performance nature and extent of all the covenantsinjury to the Demised Premises, shall be suspended or abated until the time of termination, and Minimum Rent shall be apportioned as of the time of termination. If Landlord is required or elects to repair or restore the Demised Premises as hereinabove provided, then Tenant shall, subject to the conditions hereof, resume its business therein. If Landlord shall not substantially complete repair and terms hereof restoration of the Demised Premises the extent required under this Section (A) on or before the Tenant’s part fifteenth (15th) day following the occurrence of such casualty (hereinafter referred to be performed as the “Deadline”), then the term of this Lease shall continue and terminate upon the Deadline unless prior to the Deadline Tenant shall be liable give notice to the Landlord for that Tenant then elects to continue the damage term of this Lease thereafter, and loss suffered by the Landlord. if Tenant shall repair all damages caused to the Premises by vandalism so elect then this sentence shall thereafter be void and of no further force or burglaryeffect.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at 9.1. In the Premises. If event the Premises is are damaged by fire or other casualty, but not so Landlord shall retain a reputable, independent third-party contractor reasonably acceptable to Tenant who, within thirty (30) days of such casualty, shall give written notice to Landlord and Tenant of its determination of how long it will take to fully rebuild and restore the damaged Premises to the condition existing immediately prior to such casualty (excluding all Alterations to the Premises) (the “Determination Notice”). In addition, Landlord shall, within such thirty (30) day period, obtain written confirmation from the mortgagee of the Premises, if any, as to render whether the mortgagee will make all or substantially all of the insurance proceeds payable in connection with such casualty available for restoration (the “Mortgagee Notice”), and Landlord shall promptly deliver the Mortgagee Notice to Tenant. If the mortgagee informs Landlord that such mortgagee will not make all or substantially all of the insurance proceeds payable in connection with such casualty available for restoration, then, within thirty (30) days of delivery of the Determination Notice, Landlord may terminate this Lease upon written notice to Tenant. In the event that (a) the Premises untenantableis so destroyed that it cannot be repaired or rebuilt within twelve (12) months after the earlier of (i) the expiration of thirty (30) days after the date of such casualty, or (ii) the Landlord shall repair date of the same as speedily as practicableDetermination Notice and there is less than five (5) years remaining on the Term, but the subject to Tenant’s obligation option to pay extend the rent hereunder Term set forth in Section 3.4, Landlord may terminate this Lease upon written notice to Tenant. Notwithstanding Landlord’s right to terminate this Lease in accordance with this Section 9.1, such termination right shall only pertain to the Premises Building(s) in which the casualty occurred and shall not cease. If, in the opinion pertain to any of the Landlordother Premises Buildings not affected by such casualty, for which this Lease shall remain in full force and effect. In such event, Landlord and Tenant shall enter into an amendment to this Lease to this Lease removing the affected Premises Building from the operation of this Lease. In the event that (a) the Premises is so destroyed that it cannot be so extensively repaired or rebuilt within twelve (12) months after the earlier of (i) the expiration of thirty (30) days after the date of such casualty, or (ii) the date of the Determination Notice, Tenant may terminate this Lease upon written notice to Landlord. Further, if this Lease is not terminated pursuant to this Section 9.1, and if Landlord fails to substantially damaged as complete its restoration obligations under Section 9.2 with respect to render it untenantablesuch casualty within twelve (12) months after the earlier of (i) the expiration of thirty (30) days after the date of the casualty, or (ii) the date of the Determination Notice (or otherwise within such other period of time that Landlord may have agreed to complete such restoration following delivery of the Determination Notice to Tenant), subject to Force Majeure not to exceed ninety (90) days, then commencing thirty (30) days after the rent shall cease until expiration of the twelve (12) month period (or such time as the Premises shall be made tenantable other period), Tenant may thereafter terminate this Lease by the giving written notice thereof to Landlord prior to Landlord’s substantial completion of such restoration. HoweverFurther, if, in Tenant’s reasonably judgment, Tenant’s Alterations in the opinion Premises (including, but not limited to, the Initial Tenant Improvements) cannot be repaired or rebuilt (following Landlord’s restoration of the LandlordPremises) within twelve (12) months after the earlier of (i) the expiration of thirty (30) days after the date of such casualty, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (bii) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the PremisesDetermination Notice, during which time Tenant may terminate this Lease by giving written notice thereof to Landlord. In no Upon the giving of any termination notice pursuant to this Section, all obligations hereunder with respect to periods from and after the effective date of termination shall thereupon cease and terminate, and in such event howeverthe Base Rent and all Additional Rent and other sums payable under this Lease shall be apportioned and paid in full by Tenant to Landlord to the date of such casualty, and neither party shall thereafter have any liability hereunder, except that any obligation or liability of either party, actual or contingent, under this Lease which has accrued on or prior to such termination shall survive. Notwithstanding the provisions of this clause become effective or be applicableforegoing, if Landlord terminates this Lease as a result of a casualty in accordance with sub clause (b), Tenant will have the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In right to nullify such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part termination by exercising a renewal rights pursuant to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarySection 3.4.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Landlord. If the Leased Premises untenantableshall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Leased Premises be so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Leased Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Leased Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated paid up to the time of such destruction and then and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written notice lease shall come to Landlordan end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises9. (a) If the Premises is demised premises or any part thereof shall be damaged by fire or other casualty, but not so Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Premises untenantabledemised premises are partially damaged or rendered partially unusable by fire or other casualty, the Landlord damages thereto shall repair be repaired by and at the same as speedily as practicable, but the Tenant’s obligation to pay expense of Owner and the rent hereunder and other items of additional rent, until such repair shall not cease. Ifbe substantially completed, in shall be apportioned from the opinion day following the casualty according to the part of the Landlord, premises which is usable. (c) If the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent and other items of additional rent as hereinafter expressly provided shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time as the Premises date when the premises shall have been repaired and restored by Owner (or sooner reoccupied in part by Tenant then rent shall be made tenantable by the Landlord. However, if, apportioned as provided in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or subsection (b) notify Tenant above), subject to Owner’s right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Landlord intends Owner shall decide to demolish it or to rebuild the Premisesit, then, in which caseany of such events, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant owner may elect to terminate this Lease lease by written notice to Landlord. In no event Tenant, given within 90 days after such fire or casualty, or 30 days after adjustment of the insurance claim for such fire or casualty, whichever is sooner, specifying a date for the expiration of the lease, which date shall not be more than 60 days after the giving of such notice, and upon the date specified in such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit, surrender and vacate the premises without prejudice however, to Landlord rights and remedies against Tenant under the lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and any payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Owner shall serve a termination notice as provided for herein, Owner shall make the provisions repairs and restorations under the conditions of this clause become effective or be applicable(b) and (c) hereof, if the fire or other casualty results from the carelessnesswith all reasonable expedition, negligence or improper conduct subject to delays due to adjustment of the Tenant or the Tenantinsurance claims, labor troubles and causes beyond Owner’s agentscontrol. After any such casualty, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.cooperate with

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Premises untenantableLandlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises premises be so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord; if Landlord fails to make the premises tenantable within six (6) months after such casualty, then Tenant may terminate this lease upon thirty (30) days written notice to Landlord. However, if, in the opinion of the Landlord, the Premises premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated paid up to the time of such destruction and then and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written notice lease shall come to Landlordan end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant 9. (a) If the demised premises or any part thereof shall immediately notify Landlord of any be damaged by fire or other casualty at the Premisescasually, Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as hereinafter act forth. (b) If the Premises is demised premises are partially damaged or rendered partially unusable by fire or other casualty, but not so as the damages thereto shall be repaired by and at the expense of Owner and the rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty according to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion part of the Landlord, demised premises which is usable. (c) If the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time the date when the demised premises shall have been substantially repaired and restored by Owner, subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the Premises demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shall be made tenantable by the Landlord. Howeverso damaged that Owner shall decide to demolish it or to renovate or rebuild it, ifthen, in the opinion any of the Landlordsuch events, the Premises be totally destroyed or so extensively and substantially damaged as Owner may elect to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease lease by written notice to Landlord. In no event howeverTenant, shall the provisions of this clause become effective or be applicable, if the given within 60 days after such fire or other casualty results from the carelessnesscasualty, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability specifying a date for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.the

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises there is damaged by a fire or other casualty, but not so as the Tenant will give immediate notice to render the Landlord. If the Premises untenantableare partially damaged by fire, the elements or other casualty, the Landlord shall will repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall will not cease. If, in the opinion of the Landlordlandlord, the Premises be are so extensively and substantially damaged as to render it them untenantable, then the rent shall will cease until such time as the Premises shall be are made tenantable tenant able by the Landlord. HoweverIf, ifhowever, in the opinion of the Landlord, the Premises be totally destroyed or are so extensively and substantially damaged as that the Landlord decides not to require practically a rebuilding thereofrebuild, then Landlord shall either: (a) notify Tenant that the rent will be paid up to the time of such destruction and this Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from will terminate as of the date of such destruction. The rent, and any additional rent, will be apportioned as of the fire or other casualty until issuance of a certificate of occupancy termination date, and any rent paid for any period beyond that date will be repaid to the PremisesTenant. However, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the preceding provisions of this clause Paragraph 15 will not become effective or be applicable, applicable if the fire or other casualty results from and damage are the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall will continue and the Tenant shall will be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused is insured against any of the risks herein covered, then the proceeds of such insurance will be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers will have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. A. If the Premises is shall be damaged by fire or other casualty other than as a result of the fault or negligence of Tenant, and such fire or other casualty is insured against by Landlord, and Landlord shall have received from such insurance sufficient proceeds to fully repair all of the damage caused by such fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicabledamage, but the Tenant’s provided that Landlord shall have no obligation to pay the rent hereunder shall not cease. If, repair damage to or replace Tenant's Personal Property or any other property located in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which caseand the Lease shall not terminate. Except as otherwise provided herein, rent if the entire Premises are rendered untenantable by reason of any such damage, Rent shall be abated xxxxx for the period from the date of the fire or other casualty until issuance damage to the date the damage is repaired as determined by Landlord, and if only a part of a certificate of occupancy the Premises are so rendered untenantable Rent shall xxxxx for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, during however, that if prior to the date when all the damage has been repaired part of the Premises so damaged are rendered tenantable and shall be or could be used or occupied by or through Tenant, then the amount by which time Tenant may terminate this Lease Rent abates shall be apportioned for the period from the date of such actual or available use or occupancy to the date when all the damage has been repaired as determined by written notice to Landlord. In no event howeverNo compensation or reduction of Rent shall be paid or allowed by Landlord for inconvenience, shall the provisions of this clause become effective annoyance, or be applicable, if the fire or other casualty results injury to Tenant's business arising from the carelessness, negligence or improper conduct of need to repair the Tenant Premises or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryBuilding.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises there is damaged by a fire or other casualty, but not so as Tenant shall give immediate notice to render Landlord. If the Premises untenantableare partially damaged by fire, the elements or other casualty, Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be are so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises shall be are made tenantable by the Landlord. HoweverIf, ifhowever, in the opinion of the Landlord, the Premises be totally destroyed or are so extensively and substantially damaged as that Landlord decides not to require practically a rebuilding thereofrebuild, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from paid up to the time of such destruction and this Lease shall terminate as of the date of such destruction. The rent and any additional rent shall be apportioned as of the fire or other casualty until issuance of a certificate of occupancy termination date, and any rent paid for any period beyond that date shall be repaid to Tenant. However, the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the preceding provisions of this clause Paragraph 15 shall not become effective or be applicable, applicable if the fire or other casualty results from and damage are the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If Tenant is insured against any of the risks herein covered, then the proceeds of such insurance shall repair all damages caused be paid over to Landlord to the Premises by vandalism or burglaryextent of Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises9. (a) If the Premises is demised premises or any part thereof shall be damaged by fire or other casualty, but not so Tenant shall give prompt notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Premises untenantabledemised premises are partially damaged or rendered partially unusable by fire or other casualty, the Landlord damages thereto shall repair be repaired by and at the same as speedily as practicable, but the Tenant’s obligation to pay expense of Owner and the rent hereunder and other items of additional rent, until such repair shall not cease. Ifbe substantially completed, in shall be apportioned from the opinion day following the casualty according to the part of the Landlord, premises which is usable. (c) if the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent and other items of additional rent as hereinafter expressly provided shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time as the Premises date when the premises shall have been repaired and restored by Owner (or sooner reoccupied in part by Tenant then rent shall be made tenantable by the Landlord. However, if, apportioned as provided in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or subsection (b) notify Tenant above), subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shallbe so damaged that Landlord intends Owner shall decide to demolish it or to rebuild the Premisesit, then in which caseany of such events, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant Owner may elect to terminate this Lease lease by written notice to Landlord. In no event Tenant, given within 90 days after such fire or casualty, or 30 days after adjustment of the insurance claim for such fire or casualty, whichever is sooner, specifying a date for the expiration of the lease, which date shall not be more than 60 days after the giving of such notice, and upon the date specified in such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit, surrender and vacate the premises without prejudice however, to Landlord's rights and remedies against Tenant under the lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and any payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Owner shall serve a termination notice as provided for herein, Owner shall make the repairs and restorations under the conditions of (b) and (c) hereof, with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Owner's control. After any such casualty, Tenant shall cooperate with Owner's restoration by removing from the premises as promptly as reasonably possible, all of Tenant's salvageable inventory and moveable equipment, furniture, and other property. Tenant's liability for rent shall resume five (5) days after written notice from Owner that the premises are substantially ready for Tenant's occupancy. (e) Nothing contained hereinabove shall relieve Tenant from liability that may exist as a result of damage from fire or other casualty. Notwithstanding the foregoing, including Owner's obligation to restore under subparagraph (b) above, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law, Owner and Tenant each hereby releases and waives all right of recovery with respect to subparagraphs (b), (d), and (e) above, against the other or any one claiming through or under each of them way of subrogation or otherwise. The release and waiver herein referred to shall be deemed to include any loss or damage to the demised premises and/or to, any personal property, equipment, trade fixtures, goods and merchandise located therein. The foregoing release and waiver shall be in force only if both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then the party benefiting from the waiver shall pay such premium within ten days after written demand or shall be deemed to have agreed that the party obtaining insurance coverage shall be free of any further obligation under the provisions hereof with respect to waiver of subrogation. Tenant acknowledges that Owner will not carry insurance on Tenant's furniture and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by Tenant and agrees that Owner will not be obligated to repair any damage thereto or replace the same. (f) Tenant hereby waives the provisions of Section 227 of the Real Property Law and agrees that the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent article shall govern and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarycontrol in lieu thereof.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the ----------------------- Tenant shall give immediate notice to render the Premises untenantableLandlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion option of the Landlord, the Premises premises be so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord. However, if, in the opinion option of the Landlord, the Premises premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated paid up to the time of such destruction and then and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written notice lease shall come to Landlordan end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. 8.1 (a) Subject to the provisions of Section 8.1(b), Section 8.2, Section 8.3 and Section 8.4 hereof, if the Building or the Demised Premises shall be damaged by any casualty, Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualtysame and if an election to terminate this Lease shall not have been made pursuant to this Article 8, but not so as to render the Premises untenantable, the Landlord shall repair said damage and restore and rebuild the same as speedily as practicableBuilding and/or Demised Premises (excluding Tenant Work and the personal property of Tenant). In such event, but the Tenant’s obligation to pay the rent Fixed Minimum Rent payable hereunder shall not cease. Ifbe reduced, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable repair and restoration work is Substantially Completed, Tenant has had an opportunity to Substantially Complete restoration of Tenant's Work, and Tenant is not prevented by the Landlord. However, ifcondition of the Demised Premises from occupying the Demised Premises for the normal conduct of its business, in proportion to the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant extent that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy Demised Premises are rendered unusable for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper normal conduct of the Tenant or business then conducted on the Demised Premises, and Landlord shall be entitled to receive the proceeds of rent insurance maintained pursuant to Section 7.1(a)(ii) hereof. Such repair and restoration work shall be diligently commenced and prosecuted by Landlord until full completion thereof. It is acknowledged that a casualty affecting a portion of the Warehouse (as hereinafter defined) may, as a consequence of Tenant’s agents's Specific Use thereof, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, render the Tenant’s liability entire Warehouse unusable for the payment normal conduct of the business conducted therein by Tenant. The terms of the rent and insurance maintained pursuant to Section 7.1(a)(ii) hereby shall acknowledge the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryforegoing.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. A. If the Premises is or the Building shall be damaged by fire or other casualtycasualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, but not then Landlord shall proceed with reasonable promptness to repair and restore the Premises or the core and shell of the Building so as to render the Premises tenantable (other than work required to be performed by Tenant, as hereinafter provided, which may be necessary to so render the Premises tenantable), subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, 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 Premises or the core and shell of the Building, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is 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, then either Landlord or Tenant (but Tenant shall have such right, only if all or a substantial portion of the Premises is rendered untenantable and the estimated time for Landlord required to substantially complete such repair or restoration will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease as of the date of notice of such election by giving notice to the other party at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion core and shell of the Landlord, Building or the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises tenantable (excluding, however, any work required to be performed by Tenant, as hereinafter provided, which may be required to so render the Premises tenantable), subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be made tenantable entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by the Landlord, as aforesaid, or within said two hundred seventy (270) days. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively if such repairs and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: restoration are not completed within three hundred sixty-five (a365) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from days after the date of the such fire or other casualty until issuance (or within ninety-five (95) days after the expiration of a certificate the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated the lease as permitted), which three hundred sixty-five (365) day or other period shall be extended (as to Tenant’s ability to terminate only) by all periods of occupancy delay attributable to the acts or omissions of Tenant or Tenant’s agents, employees or contractors, for any reason whatsoever, then either party may terminate this Lease, effective as of the date of notice of such election, by giving written notice to the other party within the thirty (30) day period after said three hundred sixty-five (365) day or other period or within one hundred twenty-five (125) days after said other period, as either time period may be so extended as aforesaid, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 7.1 to repair or restore any portion of improvements, additions or alterations made by or on behalf of Tenant in the Premises, including, without limitation, the Work; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration; (iii) Tenant shall not have the right to terminate this Lease pursuant to this Section 7.1 if the damage or destruction was caused by the intentional or negligent act of Tenant, its agents or employees; and (iv) if any such damage rendering all or a substantial portion of the Premises or Building untenantable shall occur during which time Tenant may the last two (2) years of the Term, either party (but as to Tenant’s right, only if all or a substantial portion of the Premises is rendered untenantable) shall have the option to terminate this Lease by giving written notice to Landlord. In no event howeverthe other party within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct terminate as of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In date of such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarynotice.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises9. (a) If the Demised Premises is or any part thereof shall be damaged by fire or other casualty, but not so Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Demised Premises untenantableare partially damaged or rendered partially unusable by fire or other casualty, the Landlord damages thereto shall repair be repaired by and at the same as speedily as practicableexpense of Owner, but the Tenant’s obligation to pay and the rent hereunder and other items of additional rent, until such repair shall not cease. Ifbe substantially completed, in shall be apportioned from the opinion day following the casualty according to the part of the Landlord, premises which is usable. (c) If the Demised Premises be so extensively and substantially are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent and other items of additional rent as hereinafter expressly provided shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time as the Premises date when the premises shall have been repaired and restored by Owner (or if sooner reoccupied in part by Tenant, then rent shall be made tenantable by the Landlord. However, if, apportioned as provided in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or subsection (b) notify Tenant above), subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable or (whether or not the Demised Premises are damaged in whole or in part) if the building shall be so damaged that Landlord intends Owner shall decide to demolish it or to rebuild the Premisesit, then, in which caseany of such events, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant Owner may elect to terminate this Lease lease by written notice to Landlord. In no event howeverTenant, shall the provisions of this clause become effective or be applicable, if the given within 90 days after such fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.casualty,

Fire and Other Casualty. Tenant (a) If the Premises shall immediately notify Landlord be damaged by fire, action of any fire the elements or other casualty or cause which is within the risks covered by standard fire and extended coverage insurance, the Tenant shall give immediate notice thereof to the Landlord, and said damage shall be repaired by the Landlord, at the Premises. If Landlord's expense, with all reasonable speed, making due allowance for delay due to labor troubles, settlement of loss and other causes beyond the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion control of the Landlord, and the Premises be so extensively Tenant shall, in every reasonable way, facilitate the making of such repairs, and substantially damaged as to render it untenantable, then the rent shall cease until be suspended during such time period as the Premises shall be made tenantable have been rendered wholly untenantable until five (5) days after the Landlord notifies the Tenant that the Premises are substantially ready for the Tenant's occupancy (or the Premises are sooner occupied by the Landlord. However, ifTenant) and, in the opinion of event that the LandlordPremises are rendered partially untenantable, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated during such period, in the proportion which the area of the Premises which is rendered untenantable bears to the area of the whole Premises. In addition to the foregoing rental abatement, provided that (i) Tenant promptly commences and diligently prosecutes such alterations to the Premises as are necessary for Tenant to recommence operations within the Premises, and (ii) Landlord continues to be reimbursed by Landlord's insurance company for its rental loss, then Tenant shall be entitled to a further abatement of rent during Tenant's refixturing of the Premises, which abatement shall be coextensive with the rental loss reimbursement received by Landlord from Landlord's insurance company. The decision of Landlord's insurance company shall be conclusive and Landlord shall have no obligation to contest the same, by litigation or otherwise. No damage to the Premises or the building by fire, or other cause, however extensive, shall terminate this lease, or give the Tenant the right to quit and surrender the Premises, or impair any obligations of the Tenant hereunder, except with respect to the payment of rent (and with respect thereto to the extent above provided) and except that (i) if the damage shall be so extensive that the Landlord shall determine to demolish or substantially alter the building, whether or not the Premises are affected, the Landlord may at any time within one hundred twenty (120) days following the occurrence of the damage give to the Tenant thirty (30) days' notice of intention to terminate this lease; (ii) if the damage to the Premises is substantial so that the whole or substantially the whole of the Premises is rendered untenantable by the Tenant or if 50% or more of the common areas of the building are destroyed or substantially damaged and the Landlord does not within 60 days following the occurrence of the damage notify the Tenant of the Landlord's intention to repair the damage to the Premises so that the Premises are again useable by the Tenant within a period of not more than 180 days following the occurrence of the damage subject to delays due to settlement of loss or causes of the kinds described in Article THIRTY-FOUR of this lease, the Tenant may cancel this lease by notice given within 10 days following the expiration of the said 60-day period for the Landlord's notice of election to repair, time being of the essence; (iii) if the Landlord has given notice of its intention to restore the Premises, but fails to substantially complete such restoration within 180 days following the occurrence of the damage, subject to delays due to settlement of loss or delays of the kind described in Article THIRTY-FOUR of this lease, the Tenant may cancel this lease by notice given within 10 days following the expiration of the said 180-day period, time being of the essence; and (iv) in the event of the occurrence of damage to the Premises of the degree described above in clause (ii) of this paragraph (a), the Landlord may also elect to terminate this lease by notice of election to do so given within 60 days following the occurrence of the damage. If notice of election to terminate this lease shall be given as above provided, then, upon the date for termination designated in any such notice, this lease and the term hereby granted shall terminate and the rent shall be apportioned as of the date of the fire damage or as of such later date as the Tenant may actually surrender possession. Nothing herein contained shall be deemed to obligate the Landlord to restore the Tenant's trade fixtures, equipment, stocks, furnishings, improvements or other casualty until issuance property remaining the property of a certificate the Tenant. The Tenant acknowledges that the Landlord will not carry insurance on the Tenant's furniture or any fixtures or equipment, improvements or appurtenances removable by Tenant and agrees that the Landlord will not be obligated to repair any damage thereto or replace the same. The Tenant hereby waives the provisions of occupancy for Section 227 of the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall Real Property Law and agrees that the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent Article SIXTEEN shall govern and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarycontrol in lieu thereof.

Fire and Other Casualty. Tenant If, during the term of this Lease, the said Leased Premises shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is be so damaged by fire or other casualty, but not so as to render arising from the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion fault or negligence of the LandlordLessee or those in his employ, that the said Leased Premises shall thereby be so extensively and substantially damaged as to render it untenantablerendered unfit for use or occupancy, then the rent shall cease until such time as herein reserved, or a just and proportionate share thereof, according to the Premises shall be made tenantable by the Landlord. However, if, in the opinion nature and extent of the Landlorddamage which has been sustained, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from until said Leased Premises shall have been duly repaired and restored. If damage shall not be substantial, Lessor shall proceed to repair the date same with reasonable diligence. In case the Leased Premises or any part of the fire building of which the same are a part shall be substantially damaged, Lessor shall have the right to either repair or other casualty until issuance of a certificate of occupancy for restore the Premises, during which time Tenant Leased Premises and either Lessee or Lessor may terminate cancel this Lease by written notice to Landlord. In no event howeverand end the term thereof, shall the provisions and in case of this clause become effective or be applicablesuch cancellation, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and any other monies due and owing to the performance Lessor shall be paid by the Lessee to the date Lessee vacates said Leased Premises, and all further obligations upon the part of all the covenants, conditions and terms hereof on the Tenant’s part to be performed either party hereto shall continue cease and the Tenant estate hereby created shall thereupon terminate, except that the Lessor shall repay to Lessee the security deposit, less any proper charges paid therefrom. For purposes of this Section Substantial Damage shall be liable defined as damage equal to more than thirty percent (30%) of the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryreplacement cost.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Landlord. If the Demised Premises untenantableshall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent Base Rent and Additional Rent hereunder shall not cease. If, in the opinion of the Landlord, the Demised Premises be are so extensively and substantially damaged as to render it them untenantable, then the rent Base Rent shall cease until such time as the Demised Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, Landlord the Demised Premises be are totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, and if such rebuilding is likely to require a period of not less than one hundred eighty (180) days to be completed, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent Base Rent shall be abated from paid up to the date time of such destruction and then, at the option of either party, exercised within sixty (60) days of the fire or other casualty until issuance occurrence of a certificate of occupancy for the Premisescasualty, during which time Tenant may terminate this Lease by written notice shall come to Landlordan end. In no event event, however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the carelessness, negligence result of the carelessness or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent Base Rent and Additional Rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord (a) In the event of any total or artial destruction of the Demised Premises by fire or other casualty at the Premises. If the Premises is damaged insured by fire or other casualtyLandlord, but not so as Landlord agrees to render the Premises untenantable, the Landlord shall promptly restore and repair the same as speedily as practicableDemised Premises at Landlord's expense to the extent Landlord receives insurance proceeds therefor; provided, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, however that in the opinion event the Demised Premises are (i) so destroyed that they cannot be repaired or rebuilt within one hundred twenty (120) days after the commencement of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed repair or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminatedrebuilding; or (bii) notify Tenant that destroyed by a casualty which is not covered by Landlord's insurance, or if such casualty is covered by Landlord's insurance but a Landlord's Mortgagee or other party entitled to insurance proceeds fails to make such proceeds available to Landlord intends to rebuild in an amount sufficient for restoration of the Demised Premises, in which casethen, rent shall be abated from either Landlord or Tenant may terminate and cancel this Lease effective as of the 5th day after such casualty by giving written notice to the other party within such days of the date of such casualty. Upon the giving of such notice, all further obligations hereunder shall thereupon cease and terminate. If no such notice is given, Landlord shall make such repair or restoration of the Demised Premises promptly and in such manner as not to unreasonably Interfere with Tenant's use and occupancy of the Demised Premises (if Tenant is still occupying the Demised Premises). Any proceeds from the fire and extended coverage Insurance policies not utilized by Landlord in restoring or other casualty until issuance repairing the Demised Premises shall become the sole property of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, Minimum Rent shall proportionately xxxxx during the provisions time that the Demised Premises or any part thereof are unusable by reason of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In any such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarythereto.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at affecting the PremisesDemised Premises and/or the Property, Tenant shall give immediate notice to Landlord. If the Demised Premises is shall be partially damaged by fire fire, the elements or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not cease. If, in the opinion of the Landlord, the Demised Premises be so extensively and substantially damaged as to render it then untenantable, then the rent Rent shall cease until such time as the Demised Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Demised Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent Rent shall be abated paid up to the time of such destruction and then and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written shall automatically and without notice come to Landlordan end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent Rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to Landlord to the Premises by vandalism or burglaryextent of Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Landlord and shall assign to Landlord the casualty insurance proceeds described in Section 9(A) above. If the Premises untenantableshall be partially damaged by fire, the elements or other casualty, provided that the Landlord receives the proceeds of insurance described in Section 9(A) above, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent Rent hereunder shall not cease. If, in the sole and exclusive opinion of the Landlord, the Premises be have been so extensively and substantially damaged as to render it them untenantable, then the rent Rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the sole and exclusive opinion of the Landlord, the Premises be have been totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then the Rent shall be paid up to the time of such destruction and then and from thenceforth this Lease shall terminate, Landlord shall either: (a) notify Tenant that be entitled to. receive all proceeds of insurance pertaining to the Lease is terminated; casualty and neither party shall have any further liability or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlordobligation hereunder. In no event however, shall the provisions of this clause Section become effective or be applicable, applicable if the fire tire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent Rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render Landlord. If the Premises untenantableare partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall will not cease; PROVIDED, HOWEVER, that the Tenant is practicably able to continue using the Premises until said repairs are complete. If, in the reasonable opinion of the Landlord, the Premises be Premises, or any portion thereof, are so extensively and substantially damaged so as to render it same untenantable, then the payment of rent shall cease will be abated in proportion to the extent that Tenant is unable to use such damaged portion of the Premises for a business office or warehouse space, as the case may be, until such time as the Premises shall be are made tenantable by the Landlord. However, if, in the reasonable opinion of the Landlord, the Premises be are totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereofof same, then Landlord shall either: (a) notify Tenant the rent will be paid up to the time of such destruction and from that the point forward this Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlordterminated. In no event event, however, shall the provisions of this clause preceding three (3) sentences become effective or be applicable, applicable if the fire or other casualty results from and damage are as a result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance Tenant's obligation to perform all of all the covenants, conditions and terms hereof on the Tenant’s part to be performed of this Lease shall continue and the Tenant shall will be liable to the Landlord for the damage and loss suffered by Landlord to the extent that Landlord is not covered under any insurance policy for such damage or loss. If the Tenant was insured against any of the risks covered herein, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers will have no recourse against the Tenant for reimbursement to the extent such provisions do not void or effect such coverage. If within one (1) year prior to the expiration of the Lease Term or the Renewal Term, as applicable, more than fifty (50%) percent of the Premises shall be damaged or destroyed by fire or other casualty of any kind or nature, foreseen or unforeseen, then Tenant or Landlord may terminate this Lease by providing written notice to the other party within thirty (30) days of any fire or other casualty. In the event of a fire or other casualty, the time for such repairs or restoration shall not exceed one hundred fifty (150) days after such fire or other casualty. Rent and all other charges shall xxxxx from the date of such damage until such time as the Landlord has substantially restored or repaired the Premises and the Tenant can reasonably resume its business operations and the Premises shall have a Certificate of Occupancy. If the time for such repairs or restoration exceeds one hundred fifty (150) days, then in that event, Tenant shall repair all damages caused have the right to terminate this Lease by providing sixty (60) days advance written notice to Landlord. PARAGRAPH 10TH - INSTALLATION OF ALTERATIONS/IMPROVEMENTS BY TENANT Tenant may make non-structural alterations, additions or improvements to the Premises that Tenant deems necessary or desirable. All such alterations, additions or improvements shall be in accordance with Paragraph 33rd of this Lease. Any structural alterations, additions or improvements shall be made only with Landlord's prior written consent. Said alterations are to be performed by vandalism Tenant at Tenant's expense. Notwithstanding subparagraph 33(g) below, if Landlord requires Tenant to do so, Tenant shall restore the Premises to the condition existing prior to such alterations, additions or burglaryimprovements, reasonable wear and tear excepted. Should Tenant wish to have Landlord waive such restoration requirement with respect to any specific alteration, addition or improvement, Tenant shall request, in writing, Landlord's waiver prior to performing any such alteration, addition or improvement, which waiver may be withheld in Landlord's sole discretion. Notwithstanding anything contained to the contrary herein, Landlord shall not unreasonably withhold, delay or condition its consent for any alterations proposed and done by Tenant. Landlord consents to the alterations and improvements set forth in the Landlord/Tenant Work Letter attached to this Lease as Exhibit "C" as well as the initial construction of a large conference room within the Premises, and Landlord waives such restoration requirement with respect to such work. PARAGRAPH 11TH - INSPECTION AND REPAIR The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, shall have the right to enter into and upon the Premises or any part thereof, at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. The preceding sentence shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make such inspection or repairs, and no liability shall arise from the failure of Landlord to inspect. Except in the case of emergencies, the Landlord shall provide the Tenant with forty eight (48) hours prior notice, during reasonable business hours of the Tenant, of said inspection or repairs. Said inspection or repairs shall not unreasonably interfere with Tenant's business operations.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Premises untenantableLandlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises premises be so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated paid up to the time of such destruction and then, and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written notice lease shall come to Landlordan end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence negligence, or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the The rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglary.Landlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement. 14th

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises9. (a) If the Premises is demised premises or any part thereof shall be damaged by fire or other casualty, but not so Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Premises untenantabledemised premises are partially damaged or rendered partially unusable by fire or other casualty, the Landlord damages thereto shall repair be repaired by and at the same as speedily as practicable, but the Tenant’s obligation to pay expense of Owner and the rent hereunder and other items of additional rent, until such repair shall not cease. Ifbe substantially completed, in shall be apportioned from the opinion day following the casualty according to the part of the Landlord, premises which is usable. (c) If the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent and other items of additional rent as hereinafter expressly provided shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time as the Premises date when the premises shall have been repaired and restored by Owner (or sooner reoccupied in part by Tenant then rent shall be made tenantable by the Landlord. However, if, apportioned as provided in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or subsection (b) notify Tenant above), subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Landlord intends Owner shall decide to demolish it or to rebuild the Premisesit, then in which caseany of such events, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant Owner may elect to terminate this Lease lease by written notice to Landlord. In no event Tenant, given within 90 days after such fire or casualty, or 30 days after adjustment of the insurance claim for such fire or casualty, whichever is sooner, specifying a date for the expiration of the lease, which date shall not be more than 60 days after the giving of such notice, and upon the date specified in such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit, surrender and vacate the premises without prejudice however, to Landlord's rights and remedies against Tenant under the lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and any payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Owner shall serve a termination notice as provided for herein, Owner shall make the repairs and restorations under the conditions of (b) and (c) hereof, with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Owner's control. After any such casualty, Tenant shall cooperate with Owner's restoration by removing from the premises as promptly as reasonably possible, all of Tenant's salvageable inventory and moveable equipment, furniture, and other property. Tenant's liability for rent shall resume five (5) days after written notice from Owner that the premises are substantially ready for Tenant's occupancy. (c) Nothing contained hereinabove shall relieve Tenant from liability that may exist as a result of damage from fire or other casualty. Notwithstanding the foregoing, including Owner's obligation to restore under subparagraph (b) above, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law, Owner and Tenant each hereby releases and waives all right of recovery with respect to subparagraphs (b), (d), and (e) above, against the other or any one claiming through or under each of them way of subrogation or otherwise. The release and waiver herein referred to shall be deemed to include any loss or damage to the demised premises and/or to any personal property, equipment, trade fixtures, goods and merchandise located therein. The foregoing release and waiver shall be in force only if both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then the party benefiting from the waiver shall pay such premium within ten days after written demand or shall be deemed to have agreed that the party obtaining insurance coverage shall be free of any further obligation under the provisions hereof with respect to waiver of subrogation. Tenant acknowledges that Owner will not carry insurance on Tenant's furniture and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by Tenant and agrees that Owner will not be obligated to repair any damage thereto or replace the same. (l) Tenant hereby waives the provisions of Section 227 of the Real Property Law and agrees that the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent article shall govern and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarycontrol in lieu thereof.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is shall be damaged by fire or other casualty, but not so other than as to render a result of the Premises untenantablenegligence or misconduct of Tenant, the Lease shall not terminate and, upon adjustment of insurance claims, Landlord shall repair the same as speedily as practicabledamage, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: provided that (a) notify Tenant that the Lease is terminated; Landlord shall have no obligation to repair damage to or replace Tenant's Personal Property, and (b) notify Tenant that Landlord intends Landlord's obligation to rebuild the Premises, in which case, rent repair any damage under this Section 16 shall be abated limited to repairs necessary to restore the Premises to its original Cold Dark Shell Condition. Except as otherwise provided herein, if any part of the Premises are rendered untenantable by reason of any such damage, Rent shall xxxxx from the date of the damage to the date the damage is repaired, as determined by Landlord, in the proportion that the area of the untenantable part bears from time to time to the total area of the Premises. No compensation or reduction of Rent shall be paid or allowed for inconvenience, annoyance or injury to Tenant or Tenant's business arising from any damage to or repair of the Premises or the Building. Notwithstanding the foregoing, if Landlord does not receive sufficient insurance proceeds to fully repair the damage (it being agreed that Landlord shall make a good faith effort to persuade any Mortgagee to make such insurance proceeds available for the restoration of such damage, which good faith effort shall not include any obligation on the part of Landlord to agree to any modification of the terms of the loan secured by the Mortgage or any obligation to pay any money to the Mortgagee or deposit any money into escrow, other than the amount of any deductible under Landlord's insurance policy), or if the Building shall be so damaged that, as determined by Landlord, substantial reconstruction of the Premises or the Building is required (whether or not the Premises have been damaged), then Landlord, at its option, may give Tenant, within sixty (60) days after the casualty, written notice of termination of this Lease (the "Casualty Termination Notice"), and this Lease and the Term shall terminate (whether or not the Term has commenced) upon the expiration of thirty (30) days from the date of the Casualty Termination Notice, with the same effect as if the new expiration date had been the date initially fixed for expiration of the Term, and all Rent shall be apportioned as of such date; provided, however, that, in the event that Landlord elects to terminate this Lease pursuant to this Section 16, Tenant shall have the option to override the Casualty Termination Notice and fully repair the damage to the Building by giving written notice to Landlord, which notice shall be given, if at all, within ten (10) days following the Casualty Termination Notice, in which event (a) Landlord shall assign all insurance proceeds which Landlord actually receives with respect to such fire or other casualty until issuance of a certificate of occupancy for the Premisesto Tenant, during which time (b) Tenant may terminate this Lease shall promptly repair such damage, and (c) such repairs by written notice Tenant shall be subject to Landlord. In no event however, shall 's prior written approval in accordance with the provisions of this clause become effective Section 8 hereof. If the Premises or the Building shall be applicable, if the damaged by fire or other casualty results from due to the carelessness, negligence or improper conduct misconduct of Tenant: (i) Landlord shall have no obligation to repair the Tenant Premises or the Building, (ii) this Lease shall, at Landlord's option, not terminate, (iii) Landlord may at Tenant’s agents's expense repair the damage, employeesprovided that Landlord shall apply all insurance proceeds which Landlord actually receives with respect to such damage toward the costs of such repairs, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions (iv) Landlord may pursue any legal and terms hereof on the Tenant’s part equitable remedies available to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryit.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Premises untenantableLandlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, ; in the opinion of the Landlord, the Premises be premises are so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord. However, if, ; in the opinion of the Landlord, the Premises be totally destroyed or premises are so extensively and substantially damaged as that the Landlord decides not to require practically a rebuilding thereofrebuild, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from paid up to the date time of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate such destruction and thenceforth this Lease by written notice shall come to Landlordan end. In no event howeverHowever, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Landlord. If the Premises untenantableshall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be are so extensively and substantially damaged as to render it them untenantable, then the rent Rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or are so extensively and substantially damaged as that the Landlord decides not to require practically a rebuilding thereofrebuild, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent Rent shall be abated from paid up to the date time of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate such destruction and thenceforth this Lease by written notice shall come to Landlordan end. In no event howeverHowever, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent Rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises9. (a) If the Premises is demised premises or any part thereof shall be damaged by fire or other casualty, but not so Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Premises untenantabledemised premises are partially damaged or rendered partially unusable by fire or other casualty, the Landlord damages thereto shall repair be repaired by and at the same as speedily as practicable, but the Tenant’s obligation to pay expense of Owner and the rent hereunder and other items of additional rent, until such repair shall not cease. Ifbe substantially completed, in shall be apportioned from the opinion day following the casualty according to the part of the Landlord, premises which is usable. (c) If the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable by fire or other casualty, then the rent and other items of additional rent as hereinafter expressly provided shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time as the Premises date when the premises shall have been repaired and restored by Owner (or sooner reoccupied in part by Tenant then rent shall be made tenantable by the Landlord. However, if, apportioned as provided in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or subsection (b) notify Tenant above), subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Landlord intends Owner shall decide to demolish it or to rebuild the Premisesit, then, in which caseany of such events, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant Owner may elect to terminate this Lease lease by written notice to Landlord. In no event Tenant, given within 90 days after such fire or casualty, or 30 days after adjustment of the insurance claim for such fire or casualty, whichever is sooner, specifying a date for the expiration of the lease, which date shall not be more than 60 days after the giving of such notice, and upon the date specified in such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit, surrender and vacate the premises without prejudice however, to Owner's rights and remedies against Tenant under the lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and any payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Owner shall serve a termination notice as provided for herein, Owner shall make the repairs and restorations under the conditions of (b) and (c) hereof, with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Owner's control. After any such casualty, Tenant shall cooperate with Owner's restoration by removing from the premises as promptly as reasonably possible, all of Tenant's salvageable inventory and movable equipment, furniture, and other property. Tenant's liability for rent shall resume five (5) days after written notice from Owner that the premises are substantially ready for Tenant's occupancy. (e) Nothing contained hereinabove shall relieve Tenant from liability that may exist as a result of damage from fire or other casualty. Notwithstanding the foregoing, including Owner's obligation to restore under subparagraph (b) above, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law. Owner and Tenant each hereby releases and waives all right of recovery with respect to subparagraphs (b), (d) and (e) above, against the other or any one claiming through or under each of them by way of subrogation or otherwise. The release and waiver herein referred to shall be deemed to include any loss or damage to the demised premises and/or to any personal property, equipment trade fixtures, goods and merchandise located therein. The foregoing release and waiver shall be in force only if both releasor's insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then the party benefitting from the waiver shall pay such premium within ten days after written demand or shall be deemed to have agreed that the party obtaining insurance coverage shall be free of any further obligation under the provisions hereof with respect to waiver of subrogation. Tenant acknowledges that Owner will not carry insurance on Tenant's furniture and or furnishings or any fixtures or equipment, improvements, or appurtenances removable by Tenant and agrees that Owner will not be obligated to repair any damage thereto or replace the same. (f) Tenant hereby waives the provisions of Section 227 of the Real Property Law and agrees that the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent article shall govern and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarycontrol in lieu thereof.

Fire and Other Casualty. Tenant shall immediately notify Landlord In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as Tenant shall give immediate notice to render the Landlord, of which Tenant is aware. If the Premises untenantableshall be partially damaged by fire, the elements or other casualty but, as reasonably determined and mutually agreed by Tenant and Landlord, the Premises are still fit for use, then the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not ceasecontinue unabated. If, in the opinion of the Landlord, If the Premises be so extensively and substantially damaged as to render it untenantablethem unfit for use, as reasonably determined and mutually agreed by Tenant and Landlord, then the rent Rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, if in the good faith opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent Rent shall be abated paid up to the time of such destruction and then and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written notice Agreement shall come to Landlordan end. In no event event, however, shall the provisions of this clause become effective or be applicable, applicable if the fire or other casualty results from and damage shall be the carelessness, negligence result of any acts or improper conduct omissions of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees assignees, successors, or successorsauthorized personnel. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed by the Tenant shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair have been insured against any and all damages caused of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder and such insurance carrier shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. Tenant If any Improvement or any Personal Property shall immediately notify Landlord of any fire be damaged or other casualty at the Premises. If the Premises is damaged destroyed by fire or other casualty, but then, irrespective of the cause and whether or not so such damage or destruction shall have been insured, Lessee shall give prompt written notice thereof to Lessor, and Lessor shall proceed with reasonable diligence to carry out any necessary demolition and to restore, repair, replace and rebuild such Improvements or Personal Property at Lessor's own cost and expense. If, as a result of the actions of any Fee Mortgagee or otherwise, insurance proceeds are not made available to render the Premises untenantableLessor, and if the Lessor is unable after reasonable diligent efforts to secure and provide replacement funds, the Landlord Lessee shall repair have the same right to terminate this Lease without further liability on the part of Lessee or Lessor unless the unavailability of such insurance proceeds is the result of Lessor's acts or omissions. If at any time Lessor shall fail or neglect to supply sufficient workmen or sufficient materials of proper quality, or fail in any other respect to prosecute such work of demolition, restoration, repair, replacement or rebuilding with diligence and promptness, then Lessee may give Lessor notice of such failure or neglect, and, if such failure or neglect continues for twenty (20) days after such notice, then Lessee, in addition to all other rights which Lessee may have, including, without limitation, the right to cancel and terminate this Lease, may enter upon the Demised Premises, provide labor and/or materials, cause the performance of any contract, and/or do such other acts and things as speedily Lessee may deem advisable to prosecute such work. All costs and expenses incurred by Lessee in carrying out such work shall be borne by Lessor and shall be payable by Lessor to Lessee upon demand, which demand may be made by Lessee from time to time as practicablesuch costs and expenses are incurred, but in addition to any and all damages to which Lessee shall be entitled hereunder. Rent shall xxxxx hereunder as of the Tenant’s obligation date of damage or destruction in proportion to the percentage of the Demised Premises thereby rendered unusable (in Lessee's sole opinion). Lessor shall in such event look solely to proceeds of its insurance (including its loss of rents coverage. Any proceeds of loss of rents insurance received by Lessor by reason of such damage or destruction shall be applied by Lessor to the payment of Rent which would otherwise be due from Lessee under Paragraph 3 hereof, Impositions payable by Lessee under Paragraph 5 hereof and premiums for any insurance required to be maintained by Lessee hereunder. In the event rent insurance proceeds received by Lessor are insufficient to pay the same or for any reason such rent hereunder shall insurance proceeds are not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as actually applied by Lessor to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenantssuch amounts, conditions and terms hereof on the Tenant’s part to be performed Lessor shall continue and the Tenant shall be liable to the Landlord nevertheless have no claim against Lessee for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryRental abated hereunder.

Fire and Other Casualty. Tenant shall immediately notify Landlord 11.01. In the event of any a fire or other casualty at in the PremisesLeased Premises or the Building Tenant shall immediately give notice hereof to Landlord, and, subject to the other terms an conditions hereof, Landlord shall use its best reasonable efforts to cause the repairs to be made with due diligence and reasonable dispatch, provided, however, that Landlord shall not be required to repair or replace furnishings, furniture, or other personal property which Tenant may be entitled to remove from the Leased Premises or any property improvement constructed and installed by or for Tenant in excess of "building standard" as shown on/ Exhibit "B" attached hereto. If the Premises is damaged Leased Premises, or any portion thereof, through no/ willful misconduct of Tenant, its agents, employee or visitors, shall be partially destroyed r by fire or other casualty, but not casualty so as to render the Premises Leased Premises, or any portion thereof untenantable, the Landlord rental herein shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease proportionately xxxxx thereafter until such time as the Leased Premises, or any portion thereof, are made tenantable. If Landlord has elected t repair and reconstruct the Leased Premises, this Lease shall continue in full force and effect and such repairs will be made within a reasonable time thereafter, subject to delays arising from shortages of labor or material, strikes, acts of God, war or other conditions beyond Landlord's reasonable control, provided, however, that Landlord shall use its best efforts to not interfere with Tenant's use and occupancy of the portion of the Leased Premises not destroyed or damaged. No damages, compensation, or claims shall be made tenantable payable by the LandlordLandlord for any inconvenience, loss of business, or annoyance arising from such repair and reconstruction. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively Tenant and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant agree that the term of this Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date extended by a period of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable equal to the Landlord for the damage period of such repair and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryreconstruction.

Fire and Other Casualty. Tenant shall immediately notify Landlord Effective upon the Lease Commencement Date, in case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant/Purchaser shall give immediate notice to render the Landlord/Seller. If the Leased Premises untenantableshall be partially damaged by fire, the Landlord elements or other casualty so that Tenant/Purchaser is able to satisfactorily operate its business, as Tenant/Purchaser may in its sole discretion determine, then the Tenant/Purchaser shall repair the same as speedily as practicable, but the Tenant’s /Purchaser's obligation to pay the rent hereunder shall not ceasecease unless and until the Lease is terminated in accordance with this Section 20. If, however, in the reasonable opinion of the Tenant/Purchaser and the Landlord/Seller, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord the rent shall either: (a) notify Tenant that be paid to the time of such destruction and then and from thenceforth this Lease is terminated; or (b) notify Tenant that Landlord intends shall come to an end unless Tenant/Purchaser in its sole discretion should decide to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event event, however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant Tenant/Purchaser or the Tenant’s /Purchaser's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successorssuccessors and, as a result thereof, insurance proceeds shall be not collectible. In such case, the Tenant’s /Purchaser's liability for the payment of the rent and the performance of all the covenants, conditions conditions, and terms hereof on the Tenant’s /Purchaser's part to be performed shall continue and the Tenant Tenant/Purchaser shall be liable to the Landlord Landlord/Seller for the damage and loss suffered by the Landlord/Seller. Tenant If the Tenant/Purchaser shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises Tenant/Purchaser to the extent of the Tenant/Purchaser's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord/Seller for reimbursement, unless the damage is caused by vandalism or burglarythe action of the Landlord/Seller in which case the Tenant/Purchaser may proceed to collect all expenses from Landlord/Seller.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is Building shall be damaged by fire or other casualtyotherwise to the extent of twenty-five (25%) or less of the replacement value and no material portion of the Premises is rendered untenantable, but not the Building and the Premises shall be repaired within one hundred and twenty (120) days of the date on which the damage occurred at the expense of LESSOR, with the Rent paid by LESSEE to be reduced proportionately based upon the percentage of useable space. If the damage to the Building shall be in excess of twenty-five percent (25%) of the replacement value, or so extensive as to render any material portion of the Premises untenantable, LESSOR shall have the Landlord shall repair the same as speedily as practicableoption to terminate this Lease by providing LESSEE notice thereof within sixty (60) days of such casualty; provided, but the Tenant’s obligation to pay the rent hereunder shall however, if LESSOR does not cease. If, in the opinion of the Landlordterminate this Lease, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent Rent shall cease until such time as the Premises Building repair shall be made tenantable substantially complete. Said repairs to be completed by LESSOR within eight (8) months after serving LESSEE with the Landlordaforementioned notice. However, if, in LESSEE shall have the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as option to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written providing LESSOR notice thereof within sixty (60) days of such casualty (the "NOTICE PERIOD"), provided, however that LESSEE shall have no such right to Landlordterminate under this Article XIV if LESSOR has undertaken the repair or restoration of the Building during the Notice Period and is diligently pursuing the same. In no event howeverIf there is a total destruction of the Premises, shall the provisions of this clause become effective or be applicable, if the by fire or other otherwise, either LESSOR or LESSEE shall have the option to terminate this Lease within sixty (60) days of such casualty results from and the carelessness, Rent shall cease until such time as the Building Repair shall be substantially complete. If the casualty is caused by LESSEE'S negligence or improper conduct neglect, LESSEE shall be responsible for the cost of all repairs or reconstruction of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable Premises (to the Landlord extent no insurance is paid with respect thereto) and for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglaryRent.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as to render the Premises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which caseease, rent shall be abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.

Fire and Other Casualty. Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is Leased Premises, or any portion thereof, are partially or totally destroyed or damaged by fire or other casualtycasualty covered by the fire and extended coverage insurance carried by Lessor on the XxXxxxxx Building, but Lessor shall, repair and restore the damaged portion of the Leased Premises (excluding any tenant fit up work in excess of the building standard and any additions, equipment, furniture and alterations made by tenant) as soon as it is reasonably practicable to substantially the same condition in which the Leased Premises were before such damage to the extent permitted by the available insurance proceeds. Provided, however, that if the Leased Premises are completely destroyed or badly damaged such that repairs cannot so as to render the Premises untenantablebe completed within six (6) months thereafter, the Landlord shall repair Lease Agreement may be terminated by either party hereto by serving written notice upon the same as speedily as practicableother, but the Tenant’s obligation to pay the rent hereunder shall not cease. Ifand in such event, in the opinion of the Landlord, the Premises be so extensively and substantially damaged as to render it untenantable, then the rent shall cease until such time as the Premises all insurance proceeds shall be made tenantable by the Landlordsole property of Lessor. HoweverUnder no circumstances shall Lessor be liable to Lessee for business interruption or other consequential losses or damages. In the event the Leased Premises, ifor any portion thereof, in the opinion of the Landlord, the Premises be totally is destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated from the date of the by fire or other casualty until issuance of a certificate of occupancy covered by the fire and extended coverage insurance carried by Lessor that such damaged portion can not reasonably be used by Lessee for the purpose herein provided and the Lease Agreement is not terminated as above provided, there shall be an abatement of rent to the extent that the damaged portion of the Leased Premises is unfit for use by Lessee in the ordinary course of its business until said damaged portion of the Leased Premises is made useable. In the event the Leased Premises, during which time Tenant may terminate this Lease by written notice to Landlord. In no event howeveror any portion thereof, shall the provisions of this clause become effective be destroyed or be applicable, if the damaged by fire or other casualty results resulting from the carelessnessfault or negligence of Lessee, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guestslicensees or invitees of Lessee, contractorssuch damage shall be repaired by and at the expense of Lessee (to the extent that such destruction or damage is not covered by the fire and extended coverage insurance carried by Lessor) under the direction and supervision of Lessor, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the and rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglarywithout abatement.

Fire and Other Casualty. Tenant 9. (a)Subject to Tenant’s right to terminate pursuant to Article 69, if the demised premises or any part thereof shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is be damaged by fire or other casualty, but not so Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as to render hereinafter set forth. (b) If the Premises untenantabledemised premises are partially damaged or rendered partially unusable for Tenant’s business by fire or other casualty, the Landlord damages thereto shall be repaired by and at the expense of Owner and the rent and other items of additional rent, until such repair shall be substantially completed, shall be apportioned from the same as speedily as practicable, but day following the casualty according to the part of the premises which is usable for Tenant’s obligation to pay business. (c) If the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises be so extensively and substantially demised premises are totally damaged as to render it untenantableor rendered wholly unusable for Tenant’s business by fire or other casualty, then the rent and other items of additional rent as hereinafter expressly provided shall be proportionately paid up to the time of the casualty and thenceforth shall cease until such time as the Premises date when the premises shall have been repaired and restored by Owner (or sooner reoccupied in part by Tenant then rent shall be made tenantable by the Landlord. However, if, apportioned as provided in the opinion of the Landlord, the Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or subsection (b) notify Tenant above), subject to Tenant’s right to terminate pursuant to Article 69 and Owner’s right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable for Tenant’s business or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Landlord intends Owner shall decide to demolish it or to rebuild the Premisesit, then in any of such events, but, in which either case, rent shall be abated from only if Landlord also terminates all other office leases in the date of the fire or Building (other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant than those with Landlord’s affiliates) Owner may elect to terminate this Lease lease by written notice to Landlord. In no event Tenant, given within sixty (60) days after such fire or casualty, or 30 days after adjustment of the insurance claim for such fire or casualty, whichever is sooner, specifying a date for the expiration of the lease, which date shall not be more than thirty (30) days after the giving of such notice, and upon the date specified in such notice the term of this lease shall expire as fully and completely as if such date were the date set forth above for the termination of this lease and Tenant shall forthwith quit, surrender and vacate the premises without prejudice however, to Landlord’s rights and remedies against Tenant under the lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and any payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Owner or Tenant shall serve a termination notice as provided for herein, Owner shall make the provisions repairs and restorations under the conditions of this clause become effective or be applicable(b) and (c) hereof, if the fire or other casualty results with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles and causes beyond Owner’s control. After any such casualty, Tenant shall cooperate with Owner’s restoration by removing from the carelessnesspremises as promptly as reasonably possible, negligence or improper conduct to the extent reasonably necessary, all of the Tenant or the Tenant’s agentssalvageable inventory and moveable equipment, employeesfurniture, guests, contractors, licensees, invitees, subtenants, assignees or successorsand other property. In such case, the Tenant’s liability for rent shall resume thirty (30) days after written notice from Owner that the payment of the rent and the performance of all the covenants, conditions and terms hereof on the premises are substantially ready for Tenant’s part occupancy, subject to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. Tenant shall repair all damages caused to the Premises by vandalism or burglary.punchlist items that do not interfere

Fire and Other Casualty. Tenant shall immediately notify Landlord 13th: In case of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as the Tenant shall give immediate notice to render the Premises untenantableLandlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the Premises premises be so extensively and substantially damaged as to render it them untenantable, then the rent shall cease until such time as the Premises premises shall be made tenantable by the Landlord. However, if, if in the opinion of the Landlord, the Premises premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord intends to rebuild the Premises, in which case, rent shall be abated paid up to the time of such destruction and then and from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time Tenant may terminate thenceforth this Lease by written notice lease shall come to Landlordan end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty results from and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall repair all damages caused have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Premises by vandalism or burglaryLandlord to the extent of the Landlord's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.