Common use of Fire and Other Casualty Clause in Contracts

Fire and Other Casualty. 16.1 If the Premises shall be partially or totally damaged or destroyed by fire or other casualty, then, whether or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shall, at its sole cost, promptly take all steps required by Legal Requirements and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss and completion of all Casualty Repairs (as defined below), including without limitation, making temporary repairs, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, at its own cost and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replace, and rebuild the Premises, and the equipment on, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“Casualty Repairs”). In no event shall Landlord be obligated to repair, replace or rebuild the Premises or to pay or provide for any of the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay to Tenant any net insurance proceeds actually received by Landlord and subject to the claims of any third parties, including, without limitation, any Fee Mortgagee. If the insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the additional sums required, and if the amount of the insurance proceeds shall be in excess of the cost of the Casualty Repairs, the excess shall be paid to Tenant. 16.2 Before beginning the Casualty Repairs or letting any contracts in connection therewith, Tenant shall submit for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, complete and detailed plans and specifications thereof. Any Casualty Repair or series of Casualty Repairs having an aggregate estimated cost in excess of fifty thousand dollars ($50,000) shall be conducted under the supervision of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord 16.3 If the Premises or any part thereof is damaged by fire or other casualty, the Fixed Annual Rent and Additional Rent payable hereunder shall not xxxxx or be diminished.

Fire and Other Casualty. 16.1 If the Premises shall be partially or totally damaged or destroyed by fire or other casualty, then, whether or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shall, at its sole cost, promptly take all steps required by Legal Requirements and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss and completion of all Casualty Repairs (as defined below), including without limitation, making temporary repairs, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, at its own cost and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replace, and rebuild the Premises, and the equipment on, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“Casualty Repairs”). In no event shall Landlord be obligated to repair, replace or rebuild the Premises or to pay or provide for any of the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay to Tenant any net insurance proceeds actually received by Landlord and subject to the claims of any third parties, including, without limitation, any Fee Mortgagee. If the insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the additional sums required, and if the amount of the insurance proceeds shall be in excess of the cost of the Casualty Repairs, the excess shall be paid to Tenant. 16.2 Before beginning the Casualty Repairs or letting any contracts in connection therewith, Tenant shall submit for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, complete and detailed plans and specifications thereof. Any Casualty Repair or series of Casualty Repairs having an aggregate estimated cost in excess of fifty thousand dollars ($50,000) shall be conducted under the supervision of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord 16.3 If the Premises or any part thereof is damaged by fire or other casualty, other than as a result of the Fixed Annual negligence or misconduct of Tenant, this Lease shall not terminate and, upon adjustment of insurance claims, Landlord shall repair the damage to the condition existing on the Delivery Date, provided that Landlord shall have no obligation to repair damage to or replace Tenant's Personal Property or Installations (as defined above). 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. Tenant, at its expense, shall promptly perform, subject to delays arising from the collection of insurance proceeds, Unavoidable Delay or obtaining approval from any applicable governmental authority having jurisdiction over Hazardous Materials to restore the Premises (“Hazardous Material Clearances”), all repairs or restoration not required to be done by Landlord and shall promptly re-enter the Premises and commence doing business in accordance with this Lease. Provided Tenant fully and promptly cooperates with Landlord, following written or verbal notice to Tenant, with all reasonable procedures Landlord deems necessary for Landlord to obtain such Hazardous Materials Clearances, Rent shall be abated from the date of such casualty until the Premises are repaired and restored, in the proportion which the area of the Premises, if any, which is not usable by Tenant bears to the total area of the Premises, unless Landlord provides Tenant with other space during the period of repair that is suitable for the temporary conduct of Tenant’s business. Such abatement shall be the sole remedy of Tenant and Tenant waives any right to terminate this Lease by reason of damage or casualty loss. If Tenant fails to cooperate as described herein, neither Base Rent nor Additional Rent shall be abated until the date upon which Landlord is able to obtain such Hazardous Materials Clearances. Notwithstanding anything herein to the contrary, if (1) insurance proceeds are insufficient to pay the full cost of such repair and restoration, (2) the holder of any Mortgage fails or refuses to make insurance proceeds available for such repair and restoration, (3) zoning or other applicable Laws do not permit such repair and restoration, or (4) the Building is damaged by fire or casualty (whether or not the Premises has been damaged) to such an extent that Landlord decides, in its sole and absolute discretion, not to rebuild or reconstruct the Building, then Landlord, at its option, may give Tenant, within sixty (60) days after the casualty, written notice of termination of this Lease, 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 notice, with the same effect as if the new expiration date had been the Lease Expiration Date, and all Base Rent and Additional Rent payable hereunder pursuant to Section 5 of this Lease shall be apportioned as of such date. Notwithstanding anything herein to the contrary, if Landlord estimates that the restoration of the Premises and the Building cannot be completed by the two hundred seventieth (270th) day following the date of the casualty, and all or a substantial portion of the Premises will not be tenantable during such period, then Tenant may terminate this Lease by written notice to Landlord, which notice shall be given by Tenant, if at all, within ten (10) days following the date of such estimate. If the restoration of the Premises and the Building has not been completed by the two hundred seventieth (270th) day following the date of the casualty, and all or a substantial portion of the Premises is not tenantable as a result of the casualty, Tenant may terminate this Lease by written notice to Landlord, which notice shall be given by Tenant, if at all, within ten (10) days following such two hundred seventieth (270th) day, but in any event prior to Landlord’s delivery of the Premises to Tenant with the restoration of the Premises substantially complete. If the Premises or the Building shall be damaged by fire or other casualty due to the negligence or misconduct of Tenant: (i) Tenant shall not xxxxx be permitted to terminate this Lease pursuant to the immediately preceding paragraph, (ii) Landlord shall have no obligation to repair the Premises or be diminishedthe Building, (iii) this Lease shall, at Landlord's option, not terminate, (iv) Landlord may at Tenant's expense repair the damage, and (v) Landlord may pursue any legal and equitable remedies available to it.

Fire and Other Casualty. 16.1 A. In the event of a fire or other casualty in the Leased Premises, Tenant shall immediately give notice thereof to Landlord. If the Leased Premises shall be partially or totally damaged or destroyed by fire or other casualtycasualty so as to render the Leased Premises untenantable in whole or in part. Rent shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as the Leased Premises are made tenantable as reasonably determined by Landlord and Landlord agrees to commence and prosecute such repair work promptly and with all due diligence; provided, thenhowever, whether in the event such destruction (i) results in total or substantial damages to or destruction of the Building and Landlord shall decide not to rebuild or (ii) results in the Leased Premises being untenantable in whole or in substantial part and the reasonable estimation of a responsible contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Building exceeds six (6) months from the time such work is commenced, then in either event, Landlord shall have a right to terminate this Lease Agreement effective as of the date of casualty or destruction, and upon such termination, all Rent owed up to the time of such destruction or termination shall be paid by Tenant. Subject to reasonable delays for insurance adjustments, Landlord shall give Tenant written notice of its decisions, estimates or elections under this Section 13 within sixty (60) days after any such damage or destruction. If any portion of Rent is abated under this Section 13, Landlord may elect to extend the expiration date of the Term of this Lease Agreement for the period of the abatement. Notwithstanding any provision herein to the contrary, if such casualty to the Leased Premises occurs during the last 12 months of the Term, or the repairs required will, in the reasonable estimation of the contractor selected by Landlord, take twelve (12) months or longer to repair, Tenant may terminate this Lease Agreement by delivering written notice to Landlord within thirty (30) days of Landlord’s delivery to Tenant of the estimation of the time period necessary to make the repairs, such termination to be effective as of the date of casualty or destruction, and upon such termination, all Rent owed up to the time of such destruction or termination shall be paid by Tenant. B. Notwithstanding anything in this Lease Agreement to the contrary, if the Leased Premises are damaged by fire or other casualty resulting from the fault gross negligence or neglect willful misconduct of Tenant, or its servantsthe agents, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shallcustomers or invitees of Tenant, at its sole cost, promptly take all steps required by Legal Requirements and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss and completion of all Casualty Repairs (as defined below), including without limitation, making temporary repairs, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, shall be repaired by and at its own cost the expense of Tenant under the direction and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replacesupervision of Landlord, and rebuild the Premises, this Lease Agreement shall not be terminated and the equipment onRent shall continue without abatement. C. Notwithstanding anything contained in this Section 13, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“Casualty Repairs”). In no event shall Landlord be obligated required to repairexpend more to reconstruct, replace or rebuild restore and repair the Premises or to pay or provide for any of Building than the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay to Tenant any net insurance proceeds amount actually received by Landlord from the proceeds of the property insurance carried by Landlord and subject Landlord (or which would have been received had Landlord carried the insurance required to be carried hereunder) shall have no duty to repair or restore any portion of any alterations, additions, installation or improvements in the Leased Premises or the decorations thereto except to the claims extent that the proceeds of any third parties, including, without limitation, any Fee Mortgageethe insurance carried by Tenant are timely received by Landlord. If the insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the desires any other additional sums requiredrepairs or restoration, and if the amount Landlord consents thereto, it shall be done at Tenant’s sole cost and expense subject to all of the insurance proceeds applicable provisions of this Lease Agreement. Tenant acknowledges that Landlord shall be in excess entitled to the full proceeds of any insurance coverage whether carried by Landlord or Tenant, for damage to any alterations, addition, installation, improvements or decorations which would become the cost of the Casualty Repairs, the excess shall be paid to Tenant. 16.2 Before beginning the Casualty Repairs or letting any contracts in connection therewith, Tenant shall submit for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, complete and detailed plans and specifications thereof. Any Casualty Repair or series property upon the termination of Casualty Repairs having an aggregate estimated cost in excess of fifty thousand dollars ($50,000) shall be conducted under the supervision of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord 16.3 If the Premises or any part thereof is damaged by fire or other casualty, the Fixed Annual Rent and Additional Rent payable hereunder shall not xxxxx or be diminishedthis Lease Agreement.

Fire and Other Casualty. 16.1 A. In the event of a fire or other casualty in the Leased Premises, Tenant shall immediately give notice thereof to Landlord. If the Leased Premises shall be partially or totally damaged or destroyed by fire or other casualtycasualty so as to render the Leased Premises untenantable in whole or in part, thenRent shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as the Leased Premises are made tenantable as reasonably determined by Landlord and Landlord agrees to commence and prosecute such repair work promptly and with all due diligence; provided, whether however, in the event such destruction (i) results in total or substantial damages to or destruction of the Building and Landlord shall decide not to rebuild or (ii) results in the Leased Premises being untenantable in whole or in substantial part and the reasonable estimation of a responsible contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Building exceeds six (6) months from the time such work is commenced, then in either event, Landlord shall have a right to terminate this Lease Agreement effective as of the date of casualty or destruction, and upon such termination, all Rent owed up to the time of such destruction or termination shall be paid by Tenant. Subject to reasonable delays for insurance adjustments, Landlord shall give Tenant written notice of its decisions, estimates or elections under this Section 13 within sixty (60) days after any such damage or destruction. If any portion of Rent is abated under this Section 13, Landlord may elect to extend the expiration date of the Term of this Lease Agreement for the period of the abatement. Notwithstanding any provision herein to the contrary, if such casualty to the Leased Premises occurs during the last 12 months of the Term, or the repairs required will, in the reasonable estimation of the contractor selected by Landlord, take twelve (12) months or longer to repair, Tenant may terminate this Lease Agreement by delivering written notice to Landlord within thirty (30) days of Landlord’s delivery to Tenant of the estimation of the time period necessary to make the repairs, such termination to be effective as of the date of casualty or destruction, and upon such termination, all Rent owed up to the time of such destruction or termination shall be paid by Tenant. B. Notwithstanding anything in this Lease Agreement to the contrary, if the Leased Premises are damaged by fire or other casualty resulting from the fault gross negligence or neglect willful misconduct of Tenant, or its servantsthe agents, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shallcustomers or invitees of Tenant, at its sole cost, promptly take all steps required by Legal Requirements and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss and completion of all Casualty Repairs (as defined below), including without limitation, making temporary repairs, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, shall be repaired by and at its own cost the expense of Tenant under the direction and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replacesupervision of Landlord, and rebuild the Premises, this Lease Agreement shall not be terminated and the equipment onRent shall continue without abatement. C. Notwithstanding anything contained in this Section 13, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“Casualty Repairs”). In no event shall Landlord be obligated required to repairexpend more to reconstruct, replace or rebuild restore and repair the Premises or to pay or provide for any of Building than the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay to Tenant any net insurance proceeds amount actually received by Landlord from the proceeds of the property insurance carried by Landlord and subject Landlord (or which would have been received had Landlord carried the insurance required to be carried hereunder) shall have no duty to repair or restore any portion of any alterations, additions, installation or improvements in the Leased Premises or the decorations thereto except to the claims extent that the proceeds of any third parties, including, without limitation, any Fee Mortgageethe insurance carried by Tenant are timely received by Landlord. If the insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the desires any other additional sums requiredrepairs or restoration, and if the amount Landlord consents thereto, it shall be done at Tenant’s sole cost and expense subject to all of the insurance proceeds applicable provisions of this Lease Agreement. Tenant acknowledges that Landlord shall be in excess entitled to the full proceeds of any insurance coverage whether carried by Landlord or Tenant, for damage to any alterations, addition, installation, improvements or decorations which would become the cost of the Casualty Repairs, the excess shall be paid to Tenant. 16.2 Before beginning the Casualty Repairs or letting any contracts in connection therewith, Tenant shall submit for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, complete and detailed plans and specifications thereof. Any Casualty Repair or series property upon the termination of Casualty Repairs having an aggregate estimated cost in excess of fifty thousand dollars ($50,000) shall be conducted under the supervision of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord 16.3 If the Premises or any part thereof is damaged by fire or other casualty, the Fixed Annual Rent and Additional Rent payable hereunder shall not xxxxx or be diminishedthis Lease Agreement.

Fire and Other Casualty. 16.1 If (A) If, at any time from and after the Commencement Date, the Demised Premises or any part thereof shall be partially or totally damaged or destroyed by fire fire, the elements or other casualtycasualty for which insurance is required to be carried by Tenant as hereinafter provided, then, whether or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licenseesexcept as provided in Section 9.2 hereof, Tenant shall immediately notify Landlord and shall, at its sole costpromptly thereafter, promptly take all steps required repair or restore the Demised Premises to substantially the same condition they were in immediately prior to such casualty, and Tenant shall not be entitled to any rent abatement with respect thereto. All insurance proceeds or damages recovered on account of any damage or destruction by Legal Requirements and Insurance Requirements to render fire, the Premises safe pending adjustment elements or other casualty shall be made available for the payment of the cost of the aforesaid repair or restoration. If the amount of said insurance loss and completion of all Casualty Repairs proceeds shall be less than Two Hundred Fifty Thousand Dollars (as defined below$250,000), including without limitationsaid insurance proceeds shall be paid over to Tenant. If the amount of said insurance proceeds shall be greater than Two Hundred Fifty Thousand Dollars ($250,000), making temporary repairssaid insurance proceeds shall be deposited in escrow with instructions to the escrow holder that the escrow holder shall disburse the same to Tenant as the work of repair or restoration progresses upon certificates of the architect or engineer supervising the repair or restoration that the disbursements then requested, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, at its own cost and expense and without regard to any plus all previous disbursements made from said insurance proceeds, commence to plus the amount of such "deductible", do not exceed the cost of the repair or restoration already completed and diligently proceed to repair the damage and to restore, replace, and rebuild the Premisespaid for, and the equipment on, balance in or appurtenant thereto at least the escrow fund is sufficient to pay for the extent estimated cost of completing the value repair and as nearly as possible to restoration. The escrow holder shall be the character thereof prior to such damage (“Casualty Repairs”). In no event shall Landlord be obligated to repair, replace or rebuild institutional lender holding a first mortgage upon the Demised Premises or the property of which the Demised Premises are a part if there shall be an institutional lender holding such first mortgage and if such institutional lender shall be willing to pay or provide for accept said escrow; otherwise the escrow holder shall be any of the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay bank mutually agreeable to Tenant any net insurance proceeds actually received by Landlord and subject to the claims of any third parties, including, without limitation, any Fee MortgageeTenant. If the insurance proceeds shall be insufficient to complete less than the Casualty Repairscost of repair or restoration, Tenant shall pay the additional sums required, excess cost and if Tenant shall be responsible for the amount of any deductibles. If the insurance proceeds shall be greater than the cost of repair or restoration, the excess shall belong to the Tenant. (B) If the Common Areas or any part thereof, shall be damaged or destroyed by fire, the elements, the act of any public authority or other casualty or if the Demised Premises shall be damaged or destroyed by any casualty for which insurance is not then required to be carried by Tenant (collectively "Landlord's Damages"), then Landlord shall, promptly thereafter, repair or restore Landlord's Damages to substantially the same condition they were in excess immediately prior to such casualty, except as hereinafter otherwise provided and except that Tenant shall be liable for any damage or destruction to the Demised Premises to the extent caused by Tenant's negligence, unless such damage or destruction is insured by Landlord. If Xxxxxxxx's Damages shall render the whole or any part of the Common Areas or Demised Premises unsuitable for the use for which they were intended, a just proportion of the rent and all other amounts payable by Tenant pursuant to this lease, according to the nature and extent of the injury to Tenant's business, shall be suspended or abated until the fifteenth (15th) day after the completion of the repairs or restor- ations to the substantially the same condition they were in immediately prior to such casualty; rent and any such other amounts paid in advance for a period beyond the date on which the same were so rendered unsuitable for the use for which the same were intended shall be apportioned and adjusted. Whenever in this lease it is provided that rent and any such other amounts shall be suspended or abated for any period according to the nature and extent of the injury to Xxxxxx's business, Tenant's sales figures for comparable periods shall be considered, together with all other evidence. All insurance proceeds or damages recovered on account of Landlord's Damages shall be made available for the payment of the cost of the Casualty Repairsaforesaid repair and restoration. Tenant shall provide Landlord written notice of any of Landlord's Damages which Tenant intends to repair or restore. Unless within ten (10) days of said notice Landlord notifies Tenant that Landlord shall make such repairs or restorations, the excess shall be paid and thereafter diligently commences and completes such work, Tenant may elect to Tenant. 16.2 Before beginning the Casualty Repairs undertake or letting complete any contracts repair or restoration of Landlord's Damages at reasonable cost and in connection therewitha good and workmanlike fashion and if Tenant makes such an election, Tenant shall submit be entitled to use any insurance proceeds and any damages collected from third parties and shall be entitled to immediate reimbursement from Landlord for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, complete and detailed plans and specifications thereof. Any Casualty Repair or series of Casualty Repairs having an aggregate estimated cost any funds expended in excess of fifty thousand dollars any such insurance proceeds and damages collected from third parties and may also elect to recapture any unreimbursed amounts ($50,000the "Recapture Deficit") as provided in Section 9.4 herein. (C) If more than sixty percent (60%) of the ground floor area, in the aggregate, of all buildings in the Shopping Center (excluding the Demised Premises from the computation thereof) shall, for any period, be closed for business as a result of damage or destruction, and if Landlord shall fail to complete the repair and restoration of all such damage within one (1) year after the occurrence thereof then, and prior to the completion thereof, Tenant may terminate this lease at its election, by giving Landlord notice thereof and the term of this lease shall then terminate on the date specified therefor in such notice. 9.2 It is agreed and understood that with respect to any damage or destruction to the Demised Premises as provided in Section 9.1.(A) or 9.1(B), (1) if during the fourth semi-annual period preceding the expiration of the Lease Term, the Demised Premises shall be conducted under so damaged or destroyed to the supervision extent of twenty percent (20%) or more of their insurable value, or (2) if during the third semi-annual period preceding the expiration of the Lease Term, the Demised Premises shall be so damaged or destroyed to the extent of fifteen percent (15%) or more of their insurable value, or (3) if during the second semi-annual period preceding the expiration of the Lease Term, the Demised Premises shall be so damaged or destroyed to the extent of ten percent (10%) or more of their insurable value, or (4) if during the semi-annual period immediately preceding the expiration of the Lease Term, the Demised Premises shall be so damaged or destroyed to the extent of five percent (5%) or more of their insurable value, either Landlord or Tenant may, if either shall so elect, terminate the Lease Term by notice to the other within twenty (20) days after such damage or destruction. If Landlord shall give such notice of termination at a licensed architect time when Tenant shall have the right to exercise an election to extend the Lease Term an extension period of at least five (5) years, and if within fifteen (15) days after Tenant shall receive such notice of termination from Landlord, Tenant shall exercise such election, then such termination shall become void and of no force or engineer selected effect. In the event of any termination of the Lease Term pursuant to the provisions of this Section 9.2, the termination shall become effective on the twentieth (20th) day after the giving of the notice of termination, neither Landlord nor Tenant shall be obligated to repair or restore any damage or destruction caused by Tenant and reasonably satisfactory to Landlord 16.3 If the Premises or any part thereof is damaged by fire or other casualty, and said insurance proceeds, if any, shall belong to Landlord. 9.3 Tenant shall maintain at all times during the Fixed Annual Rent Lease Term with respect to the Demised Premises insurance against loss or damage by fire, the so-called extended coverage casualties, vandalism and Additional Rent payable hereunder malicious mischief and sprinkler leakage (if there shall not xxxxx or be diminished.a sprinkler

Fire and Other Casualty. 16.1 If the Premises shall be partially or totally damaged or destroyed by fire or other casualty, then, whether or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shall, at its sole cost, promptly take all steps required by Legal Requirements and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss and completion of all Casualty Repairs (as defined below), including without limitation, making temporary repairs, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, at its own cost and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replace, and rebuild the Premises, and the equipment on, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“Casualty Repairs”). In no event shall Landlord be obligated to repair, replace or rebuild the Premises or to pay or provide for any of the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay to Tenant any net insurance proceeds actually received by Landlord and subject to the claims of any third parties, including, without limitation, any Fee Mortgagee. If the insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the additional sums required, and if the amount of the insurance proceeds shall be in excess of the cost of the Casualty Repairs, the excess shall be paid to Tenant. 16.2 Before beginning the Casualty Repairs or letting any contracts in connection therewith, Tenant shall submit for Landlord’s approval, which approval shall not be unreasonably withheld or delayed, complete and detailed plans and specifications thereof. Any Casualty Repair or series of Casualty Repairs having an aggregate estimated cost in excess of fifty thousand dollars ($50,000) shall be conducted under the supervision of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord 16.3 If the Premises or any part thereof is damaged by fire or other casualty, other than as a result of the Fixed Annual negligence or misconduct of Tenant, this Lease shall not terminate and, upon adjustment of insurance claims, Landlord shall repair the damage, provided that Landlord shall have no obligation to repair damage to or replace Tenant's Personal Property. Except as otherwise provided herein, if any part of the Premises are rendered untenantable by reason of any such damage, Rent shall axxxx 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. Tenant, at its expense, shall promptly perform, subject to delays arising from the collection of insurance proceeds, Unavoidable Delay or obtaining approval from any applicable governmental authority having jurisdiction over Hazardous Materials to restore the Premises (“Hazardous Material Clearances”), all repairs or restoration not required to be done by Landlord and shall promptly re-enter the Premises and commence doing business in accordance with this Lease. Provided Tenant fully and promptly cooperates with Landlord, following written or verbal notice to Tenant, with all reasonable procedures Landlord deems necessary for Landlord to obtain such Hazardous Materials Clearances, Rent shall be abated from the date of such casualty until the Premises are repaired and restored, in the proportion which the area of the Premises, if any, which is not usable by Tenant bears to the total area of the Premises, unless Landlord provides Tenant with other space during the period of repair that is suitable for the temporary conduct of Tenant’s business. Such abatement shall be the sole remedy of Tenant and Tenant waives any right to terminate this Lease by reason of damage or casualty loss. If Tenant fails to cooperate as described herein, neither Base Rent nor Additional Rent shall be abated until the date upon which Landlord is able to obtain such Hazardous Materials Clearances. Notwithstanding anything herein to the contrary, if (1) insurance proceeds are insufficient to pay the full cost of such repair and restoration, (2) the holder of any Mortgage fails or refuses to make insurance proceeds available for such repair and restoration, (3) zoning or other applicable Laws do not permit such repair and restoration, or (4) the Building is damaged by fire or casualty (whether or not the Premises has been damaged) to such an extent that Landlord decides, in its sole and absolute discretion, not to rebuild or reconstruct the Building, then Landlord, at its option, may give Tenant, within sixty (60) days after the casualty, written notice of termination of this Lease, 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 notice, with the same effect as if the new expiration date had been the Lease Expiration Date, and all Base Rent and Additional Rent payable hereunder pursuant to Section 5 of this Lease shall be apportioned as of such date. If the Premises or the Building shall be damaged by fire or other casualty due to the negligence or misconduct of Tenant: (i) Landlord shall have no obligation to repair the Premises or the Building, (ii) this Lease shall, at Landlord's option, not xxxxx or be diminishedterminate, (iii) Landlord may at Tenant's expense repair the damage, and (iv) Landlord may pursue any legal and equitable remedies available to it.

Fire and Other Casualty. 16.1 ‌ 17.1 If the Premises shall be partially or totally damaged or destroyed by fire or other casualtycasualty during the Lease Term, thenTenant shall notify Landlord in writing and, whether or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shallTenant, unless Section 17.2 applies, at its sole costown cost and without regard to insurance proceeds, shall promptly take all steps required by Legal Requirements steps, including without limitation making necessary temporary repairs to prevent injury to persons and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss loss, if any, and completion of all Casualty Repairs (repairs and restorations as defined below), including without limitation, making temporary repairs, necessary to protect the Premisescontemplated by this Article 17. Tenant shall shall, promptly following such damage or destruction, at its own cost and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replace, and rebuild the Premises, Premises and the equipment on, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“"Casualty Repairs”"). In no event shall Landlord be obligated to repair, replace or rebuild the Premises or the Improvements nor to pay or provide for any of the expenses or costs thereof. However; provided, provided however, that no Event of Default has occurredif (a) the Premises shall be partially or totally damaged or destroyed by fire or other casualty prior to the Lease Term and (b) Tenant does not elect to terminate this Lease in accordance with Section 12.1, then Landlord shall pay make all insurance proceeds with respect thereto available to Tenant any net insurance proceeds actually received in accordance with Section 17.4 below for use by Landlord and subject to Tenant in connection with the claims of any third parties, including, without limitation, any Fee MortgageeCasualty Repairs and/or Coliseum Renovation. If the net amount of such insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the additional sums required, and if the amount of the such insurance proceeds shall be in excess of the cost of the Casualty Repairsthereof, the excess shall be paid to Tenant. 16.2 Before beginning 17.2 Notwithstanding the foregoing or any other provision of this Lease to the contrary, if such fire or other casualty occurs during the last five (5) years of the Initial Term or during any Renewal Term and the Casualty Repairs are estimated to require six (6) months or letting longer after receipt of the insurance proceeds to complete, then Tenant shall have the right at Tenant's option to terminate this Lease by giving Notice to Landlord to such effect provided all of the following conditions are met: (a) Tenant assigns to Landlord all of Tenant's right, title and interest in the proceeds of any contracts insurance covering the loss and reasonably cooperates with Xxxxxxxx's efforts to obtain such insurance proceeds (which obligation to assign and cooperate shall survive any termination of this Lease); (b) no Leasehold Lender or other person claiming through Tenant has a claim upon any insurance proceeds covering the loss; (c) Tenant, at Xxxxxx's sole expense, shall demolish the damaged Coliseum (except as otherwise directed in writing by Landlord, which direction shall be given to Tenant within thirty (30) days after Landlord receives Tenant's Notice of termination pursuant to Section 17.2), remove all debris, grade the Land, and adequately secure the site during such remediation work (the "Casualty Termination Right"); (d) There are no subtenants whose subleases or occupancy agreements have not been validly terminated by reason of such damage or destruction; and (e) all insurance proceeds covering the loss (in excess of the amount necessary for Tenant to pay for the Casualty Termination Work) are paid to Landlord. In the event Tenant gives such Notice, this Lease shall be deemed cancelled and terminated as of the date of the giving of such Notice as if such date were the scheduled date for the expiration of the Lease Term, and neither party shall have any further rights or obligations hereunder except such rights and obligations which by their express terms survive the termination of this Lease. 17.3 The Casualty Repairs shall be performed in full compliance with the terms of this Lease. 17.4 The proceeds of all fire and casualty insurance policies effected and paid for by or on behalf of Tenant ("Insurance Proceeds") with respect to the Coliseum and/or Coliseum Renovation shall be paid in accordance with this Section 17.4 and shall not constitute Coliseum Revenues. In the case of a casualty or series of casualties resulting in payment of Insurance Proceeds less than Ten Million Dollars ($10,000,000.00) (in 2013 dollars, adjusted for inflation based on the CPI Index no more frequently than on a bi-annual basis), the Insurance Proceeds shall be paid to Tenant and applied by Tenant in accordance with the terms of this Article 17. In the case of a casualty or series of casualties resulting in the payment of Insurance Proceeds in excess of the sum of Ten Million Dollars ($10,000,000.00) (in 2013 dollars, adjusted for inflation based on the CPI Index no more frequently than on a bi-annual basis), the Insurance Proceeds shall be paid by the insurers to the Depositary and shall be held in an interest bearing account acceptable to Tenant. All interest or other income received by the Depositary shall be considered Insurance Proceeds for the purpose of this Article 17. All Insurance Proceeds in the hands of the Depositary shall be applied by the Depositary to the payment of the cost of the Casualty Repairs except as otherwise set forth in Section 17.2, and may be withdrawn from time to time as the Casualty Repairs progress upon the written request of Tenant, a copy of which written request together with counterpart original accompanying certificates and documents shall be given to Landlord, which certificates shall provide the following: (a) a certificate signed by Xxxxxx and signed also as to subdivisions (iv), (v) and (vi) of this Section 17.4(a), by the architect, construction manager or engineer, as applicable, in charge of the Casualty Repairs dated not more than thirty (30) days prior to such request and reflecting a true state of facts, setting forth: (i) the amount requested on AIA form G702 (the "Payment Certificate"), and stating that no part of such expenditures has been or is being made the basis for the withdrawal of any Insurance Proceeds in any previous or then pending request nor has been paid out of Insurance Proceeds not required to be paid to the Depositary; (ii) that except for the amount, if any, stated in the Payment Certificate to be due for services or materials, there is no outstanding indebtedness known to Tenant, after due inquiry, which is then due for labor, wages, materials, supplies or other services in connection therewithwith the Casualty Repairs; (iii) that there has not been filed with respect to the Premises any vendors', contractors', mechanics', laborers' or materialmens' statutory or similar lien which has not been discharged of record or bonded; (iv) the extent, if any, to which the cost, as estimated by such architect or engineer, of the Casualty Repairs required to be done subsequent to the date of the Payment Certificate in order to complete same exceeds the Insurance Proceeds remaining in the hands of the Depositary after withdrawal of the sum requested in the Payment Certificates; (v) that the architect has examined the applicable Final Plans and the Casualty Repairs, to the extent then completed, have been made in accordance with the Final Plans; and (vi) that the sum requested in the Payment Certificate, when added to all sums previously paid out under this Section 17.4 for the Casualty Repairs does not, in the reasonable opinion of such architect, engineer or construction manager, exceed the cost of the labor and services rendered and fixtures, equipment and material installed or supplied in connection with the Casualty Repairs completed to the date of such certificate. Notwithstanding the foregoing, Insurance Proceeds with respect to Improvements other than the Coliseum and/or the Coliseum Renovation shall be paid directly to Tenant or as Tenant may direct and shall not constitute Coliseum Revenues. 17.5 Upon compliance with the foregoing provisions, Depositary shall, out of the Insurance Proceeds, pay to the persons named in the Payment Certificate, the respective amounts stated in the Payment Certificate to be due to them, and shall pay to Tenant the amounts stated in the Payment Certificate to have been paid by Tenant. Upon the completion of the Casualty Repairs and payment in full thereof, any balance of Insurance Proceeds remaining in the hands of the Depositary shall be paid to Tenant not later than fifteen (15) Business Days following receipt by the Depositary and Landlord of a certificate signed by Xxxxxx, dated not more than ten (10) Business Days prior to Tenant's request for such payment, setting forth all of the following: (a) this Lease; (b) the Casualty Repairs have been completed in accordance with the terms of all amounts theretofore withdrawn do not exceed the amount which Tenant is or may be entitled to withdraw under the foregoing provisions of this Lease; (c) all amounts due and owing by Tenant in respect of such Casualty Repairs have been paid in full; (d) a certification by Tenant that there has not been filed with respect to the Premises any vendors', contractors', mechanics', laborers' or materialmens' statutory or similar lien which has not been bonded or discharged of record, and, to the extent applicable, Tenant shall submit for Landlord’s approvalprovide copies of any lien waivers from such persons with respect to all payments other than the payment that is the subject of the final requested advance; and (e) no Event of Default under this Lease exists on the part of Tenant; together with a certificate of any reputable title company which is a member of the New York Board of Title Underwriters certifying that there has been no material change in the status of title to the Premises by reason of Tenant's Casualty Repairs, including, without limitation, the filing of any vendor's, bonded or laborer's or materialman's statutory or similar lien which approval shall has not be unreasonably withheld been bonded or delayeddischarged of record. 17.6 If, complete and detailed plans and specifications thereof. Any Casualty Repair or series in the course of Casualty Repairs having Repairs, any mechanics or other lien, order for the payment of money or a written notice to owner with evidence of a lien against the Premises, Landlord, Tenant or any contractor of Tenant is filed of record in Nassau County or served on Landlord or Tenant, or if an aggregate estimated Event of Default shall exist and is continuing under this Lease, the Depositary may withhold any payment of such Insurance Proceeds (except to the extent that such Insurance Proceeds are needed to cure the default and otherwise satisfy the criteria set forth above) only up to the amount of such lien until such lien, notice or order shall have been fully bonded, satisfied, cancelled or discharged of record. 17.7 Insofar as a new certificate of occupancy may be necessary, Tenant shall obtain and deliver to Landlord a temporary or final certificate of occupancy before the Premises shall be reoccupied for any purpose. 17.8 Notwithstanding the provisions of Section 17.1 hereof, if (a) the Coliseum is materially damaged or destroyed after July 1, 2027, and (b) the AHL Team Lease (or a replacement thereof entered into pursuant to Section 4.1(e)) has not been extended for a term expiring after June 30, 2032, then Tenant may, at its option, in lieu of performing the restoration required by Section 17.1, restore the Coliseum in a manner that is appropriate for an alternate public or quasi-public uses consistent with Section 10.1. For purposes of the preceding sentence, "material damage or destruction" shall mean damage or destruction the cost in excess of fifty thousand dollars which to repair shall exceed Twenty Million Dollars ($50,00020,000,000) (in 2013 dollars, adjusted for inflation). Tenant shall give Landlord not less than four (4) months prior written Notice of any such proposed change in use of the Coliseum, and any dispute with respect to such proposed change of use shall be conducted under subject to arbitration as provided in Article 33. 17.9 This Lease shall neither terminate or be forfeited by reason of damage to, or total, substantial or partial destruction of, the supervision Improvements, or by reason of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord 16.3 If the untenantability of the Premises or any part thereof is damaged thereof, nor for any reason or cause whatsoever, except pursuant to the express provisions of this Lease (including Section 18.1 hereof), nor shall there be any resulting abatement of the Coliseum Minimum Annual Rent and Additional Rent and other charges payable by Tenant to Landlord. 17.10 The provisions of this Article 17 shall be deemed an express agreement governing any case of damage or destruction of the Premises by fire or other casualty, and Section 227 of the Fixed Annual Rent Real Property Law of the State of New York, providing for such a contingency in the absence of an express agreement, and Additional Rent payable hereunder any other laws of like import, now or hereafter in force, shall not xxxxx or be diminishedhave no application in such case and are hereby waived by the parties hereto.

Fire and Other Casualty. 16.1 ‌ 17.1 If the Premises shall be partially or totally damaged or destroyed by fire or other casualtycasualty during the Lease Term, thenTenant shall notify Landlord in writing and, whether or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shallTenant, unless Section 17.2 applies, at its sole costown cost and without regard to insurance proceeds, shall promptly take all steps required by Legal Requirements steps, including without limitation making necessary temporary repairs to prevent injury to persons and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss loss, if any, and completion of all Casualty Repairs (repairs and restorations as defined below), including without limitation, making temporary repairs, necessary to protect the Premisescontemplated by this Article 17. Tenant shall shall, promptly following such damage or destruction, at its own cost and expense and without regard to any insurance proceeds, commence to and diligently proceed to repair the damage and to restore, replace, and rebuild the Premises, Premises and the equipment on, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“"Casualty Repairs”"). In no event shall Landlord be obligated to repair, replace or rebuild the Premises or the Improvements nor to pay or provide for any of the expenses or costs thereof. However; provided, provided however, that no Event of Default has occurredif (a) the Premises shall be partially or totally damaged or destroyed by fire or other casualty prior to the Lease Term and (b) Tenant does not elect to terminate this Lease in accordance with Section 12.1, then Landlord shall pay make all insurance proceeds with respect thereto available to Tenant any net insurance proceeds actually received in accordance with Section 17.4 below for use by Landlord and subject to Tenant in connection with the claims of any third parties, including, without limitation, any Fee MortgageeCasualty Repairs and/or Coliseum Plaza Improvements. If the net amount of such insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the additional sums required, and if the amount of the such insurance proceeds shall be in excess of the cost of the Casualty Repairsthereof, the excess shall be paid to Tenant. 16.2 Before beginning 17.2 Notwithstanding the foregoing or any other provision of this Lease to the contrary, if such fire or other casualty occurs during the last five (5) years of the Initial Term or during any Renewal Term and the Casualty Repairs are estimated to require six (6) months or letting longer after receipt of the insurance proceeds to complete, then Tenant shall have the right at Tenant's option to terminate this Lease by giving Notice to Landlord to such effect provided all of the following conditions are met: (a) Tenant assigns to Landlord all of Tenant's right, title and interest in the proceeds of any contracts insurance covering the loss and reasonably cooperates with Landlord's efforts to obtain such insurance proceeds (which obligation to assign and cooperate shall survive any termination of this Lease); (b) no Leasehold Lender or other person claiming through Tenant has a claim upon any insurance proceeds covering the loss; (c) Tenant, at Tenant's sole expense, shall demolish the damaged Coliseum Plaza Improvements (except as otherwise directed in writing by Landlord, which direction shall be given to Tenant within thirty (30) days after Landlord receives Tenant's Notice of termination pursuant to Section 17.2), remove all debris, grade the Land, and adequately secure the site during such remediation work (the "Casualty Termination Right"); (d) There are no subtenants whose subleases or occupancy agreements have not been validly terminated by reason of such damage or destruction; and (e) all insurance proceeds covering the loss (in excess of the amount necessary for Tenant to pay for the Casualty Termination Work) are paid to Landlord. In the event Tenant gives such Notice, this Lease shall be deemed cancelled and terminated as of the date of the giving of such Notice as if such date were the scheduled date for the expiration of the Lease Term, and neither party shall have any further rights or obligations hereunder except such rights and obligations which by their express terms survive the termination of this Lease. 17.3 The Casualty Repairs shall be performed in full compliance with the terms of this Lease. 17.4 The proceeds of all fire and casualty insurance policies effected and paid for by or on behalf of Tenant ("Insurance Proceeds") with respect to the Coliseum Plaza Improvements shall be paid in accordance with this Section 17.4 and shall not constitute Coliseum Plaza Revenues. In the case of a casualty or series of casualties resulting in payment of Insurance Proceeds less than Ten Million Dollars ($10,000,000.00) (in 2013 dollars, adjusted for inflation based on the CPI Index no more frequently than on a bi-annual basis), the Insurance Proceeds shall be paid to Tenant and applied by Tenant in accordance with the terms of this Article 17. In the case of a casualty or series of casualties resulting in the payment of Insurance Proceeds in excess of the sum of Ten Million Dollars ($10,000,000.00) (in 2013 dollars, adjusted for inflation based on the CPI Index no more frequently than on a bi-annual basis), the Insurance Proceeds shall be paid by the insurers to the Depositary and shall be held in an interest bearing account acceptable to Tenant. All interest or other income received by the Depositary shall be considered Insurance Proceeds for the purpose of this Article 17. All Insurance Proceeds in the hands of the Depositary shall be applied by the Depositary to the payment of the cost of the Casualty Repairs except as otherwise set forth in Section 17.2, and may be withdrawn from time to time as the Casualty Repairs progress upon the written request of Tenant, a copy of which written request together with counterpart original accompanying certificates and documents shall be given to Landlord, which certificates shall provide the following: (a) a certificate signed by Tenant and signed also as to subdivisions (iv), (v) and (vi) of this Section 17.4(a), by the architect, construction manager or engineer, as applicable, in charge of the Casualty Repairs dated not more than thirty (30) days prior to such request and reflecting a true state of facts, setting forth: (i) the amount requested on AIA form G702 (the "Payment Certificate"), and stating that no part of such expenditures has been or is being made the basis for the withdrawal of any Insurance Proceeds in any previous or then pending request nor has been paid out of Insurance Proceeds not required to be paid to the Depositary; (ii) that except for the amount, if any, stated in the Payment Certificate to be due for services or materials, there is no outstanding indebtedness known to Tenant, after due inquiry, which is then due for labor, wages, materials, supplies or other services in connection therewithwith the Casualty Repairs; (iii) that there has not been filed with respect to the Premises any vendors', contractors', mechanics', laborers' or materialmens' statutory or similar lien which has not been discharged of record or bonded; (iv) the extent, if any, to which the cost, as estimated by such architect or engineer, of the Casualty Repairs required to be done subsequent to the date of the Payment Certificate in order to complete same exceeds the Insurance Proceeds remaining in the hands of the Depositary after withdrawal of the sum requested in the Payment Certificates; (v) that the architect has examined the applicable Final Plans and the Casualty Repairs, to the extent then completed, have been made in accordance with the Final Plans; and (vi) that the sum requested in the Payment Certificate, when added to all sums previously paid out under this Section 17.4 for the Casualty Repairs does not, in the reasonable opinion of such architect, engineer or construction manager, exceed the cost of the labor and services rendered and fixtures, equipment and material installed or supplied in connection with the Casualty Repairs completed to the date of such certificate. Notwithstanding the foregoing, Insurance Proceeds with respect to Improvements other than the Coliseum Plaza Improvements shall be paid directly to Tenant or as Tenant may direct and shall not constitute Coliseum Plaza Revenues. 17.5 Upon compliance with the foregoing provisions, Depositary shall, out of the Insurance Proceeds, pay to the persons named in the Payment Certificate, the respective amounts stated in the Payment Certificate to be due to them, and shall pay to Tenant the amounts stated in the Payment Certificate to have been paid by Tenant. Upon the completion of the Casualty Repairs and payment in full thereof, any balance of Insurance Proceeds remaining in the hands of the Depositary shall be paid to Tenant not later than fifteen (15) Business Days following receipt by the Depositary and Landlord of a certificate signed by Tenant, dated not more than ten (10) Business Days prior to Tenant's request for such payment, setting forth all of the following: (a) this Lease; (b) the Casualty Repairs have been completed in accordance with the terms of all amounts theretofore withdrawn do not exceed the amount which Tenant is or may be entitled to withdraw under the foregoing provisions of this Lease; (c) all amounts due and owing by Tenant in respect of such Casualty Repairs have been paid in full; (d) a certification by Tenant that there has not been filed with respect to the Premises any vendors', contractors', mechanics', laborers' or materialmens' statutory or similar lien which has not been bonded or discharged of record, and, to the extent applicable, Tenant shall submit for Landlord’s approvalprovide copies of any lien waivers from such persons with respect to all payments other than the payment that is the subject of the final requested advance; and (e) no Event of Default under this Lease exists on the part of Tenant; together with a certificate of any reputable title company which is a member of the New York Board of Title Underwriters certifying that there has been no material change in the status of title to the Premises by reason of Tenant's Casualty Repairs, including, without limitation, the filing of any vendor's, bonded or laborer's or materialman's statutory or similar lien which approval shall has not be unreasonably withheld been bonded or delayeddischarged of record. 17.6 If, complete and detailed plans and specifications thereof. Any Casualty Repair or series in the course of Casualty Repairs having Repairs, any mechanics or other lien, order for the payment of money or a written notice to owner with evidence of a lien against the Premises, Landlord, Tenant or any contractor of Tenant is filed of record in Nassau County or served on Landlord or Tenant, or if an aggregate estimated cost in excess Event of fifty thousand dollars Default shall exist and is continuing under this Lease, the Depositary may withhold any payment of such Insurance Proceeds ($50,000except to the extent that such Insurance Proceeds are needed to cure the default and otherwise satisfy the criteria set forth above) only up to the amount of such lien until such lien, notice or order shall have been fully bonded, satisfied, cancelled or discharged of record. 17.7 Insofar as a new certificate of occupancy may be necessary, Tenant shall obtain and deliver to Landlord a temporary or final certificate of occupancy before the Premises shall be conducted under the supervision of a licensed architect or engineer selected by Tenant and reasonably satisfactory to Landlord 16.3 If the Premises or reoccupied for any part thereof is damaged by fire or other casualty, the Fixed Annual Rent and Additional Rent payable hereunder shall not xxxxx or be diminishedpurpose.

Fire and Other Casualty. 16.1 If In the Premises shall event that the Building should be partially or totally damaged or destroyed destroyed, without limitation, by fire or other casualty, thenor should be so damaged that rebuilding or repairs cannot be completed within one hundred eighty (180) days after the date of such casualty, whether either Tenant or not resulting from the fault or neglect of Tenant, or its servants, employees, agents, visitors or licensees, Tenant shall immediately notify Landlord and shall, may at its sole costoption terminate this Lease, promptly take all steps required by Legal Requirements to be exercised within thirty (30) days after the date of such casualty. In the event this Lease is not so terminated, rent shall be abated during the unexpired portion of this Lease effective with the date of such damage, and Insurance Requirements to render the Premises safe pending adjustment of the insurance loss and completion of all Casualty Repairs (as defined below), including without limitation, making temporary repairs, necessary to protect the Premises. Tenant shall promptly following such damage or destruction, at its own cost and expense and without regard to any insurance proceeds, commence to and diligently Landlord may proceed to rebuild and repair the damage Building and to restore, replace, and rebuild the Demised Premises, and the equipment on, in or appurtenant thereto at least to the extent of the value and as nearly as possible to the character thereof prior to such damage (“Casualty Repairs”). In no event shall except that Landlord be obligated to repair, replace or rebuild the Premises or to pay or provide for any of the expenses or costs thereof. However, provided that no Event of Default has occurred, Landlord shall pay to Tenant any net insurance proceeds actually received by Landlord and subject to the claims of any third parties, including, without limitation, any Fee Mortgagee. If the insurance proceeds shall be insufficient to complete the Casualty Repairs, Tenant shall pay the additional sums required, and if the amount of the insurance proceeds shall be in excess of the cost of the Casualty Repairs, the excess shall be paid to Tenant. 16.2 Before beginning the Casualty Repairs or letting any contracts in connection therewith, Tenant shall submit for Landlord’s approval, which approval shall not be unreasonably withheld required to rebuild, repair or delayedreplace any part of the partitions, complete fixtures, and detailed plans and specifications thereof. Any Casualty Repair or series of Casualty Repairs having an aggregate estimated cost in excess of fifty thousand dollars ($50,000) shall be conducted under the supervision of a licensed architect or engineer selected other improvements which may have been placed by Tenant and reasonably satisfactory to Landlord 16.3 If or other tenants within the Premises or any part thereof is Building. In the event the Building should be damaged by fire or other casualty, but only to such extent that rebuilding or repair can be completed within one hundred eighty (180) days after the Fixed Annual Rent date of such casualty, or if the casualty should be more serious but neither Landlord or Tenant elect to terminate this Lease, in either such event Landlord shall within forty (40) days after the date of such casualty commence to rebuild or repair the Building and Additional Rent payable hereunder shall proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord shall not xxxxx be required to rebuild repair or replace any part of the partitions, fixtures, and other improvements which may have been placed by Tenant or other tenants within the Building. Landlord shall allow Tenant a fair diminution of rent during the time the Demised Premises are unfit for occupancy. Any insurance which may be diminishedcollected by Landlord or Tenant against loss or casualty to the Building or to the Demised Premises shall be for the sole benefit of the party, carrying such insurance and under its sole control. Notwithstanding any of the foregoing to the contrary, neither Landlord nor Tenant shall be required to continue under this Lease if the Demised Premises have been damaged to such an extent that Tenant has been required to vacate all or a substantial portion of the Demised Premises and at the time such casualty occurred, less than twelve (12) months remain on the Term.