Common use of FIRE AND OTHER DAMAGE Clause in Contracts

FIRE AND OTHER DAMAGE. 9.1 In the event that structural or permanent portions of the Premises are partially damaged by fire or other casualty for which Concessionaire is not responsible, Concessionaire shall give immediate notice thereof to the Contract Administrator and the same shall be repaired at the expense of County without unreasonable delay unless the Contract Administrator determines, in his or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said portion of the Premises is so repaired, if ever, the monthly installments of the MAG and Facility Rent shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenantable; provided, however, that if any area is so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible, then, at the option of the Contract Administrator and upon notice to Concessionaire, the damaged area shall be removed from the Agreement and Exhibit A shall be amended automatically. Notwithstanding anything in the section, Concessionaire shall continue to pay to County the Percentage Fees. 9.2 County's obligations to rebuild or repair under this article shall be limited to restoring only the structural or permanent portions of the building in which the Premises are located to substantially the condition that existed prior to the casualty, and shall further be limited to the extent of the insurance proceeds available to County for such restoration. Concessionaire agrees that if the Contract Administrator elects to repair or rebuild as provided in this article, then Concessionaire will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, and restore its signs, fixtures, furnishings, equipment, Improvements, and other items provided or installed by Concessionaire in or about the Premises in a manner and to a condition at least equal to that which existed prior to its damage or destruction. 9.3 In the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or Affiliates, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs as approved by the Contract Administrator. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract Administrator, then the Contract Administrator may, at his or her option, cause such repairs to be completed and Concessionaire shall reimburse County for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Code.

FIRE AND OTHER DAMAGE. 9.1 In If less than twenty (20%) percent of the event that structural or permanent portions usable floor area of the Premises are partially shall be damaged by fire or other casualty for which Concessionaire is not responsiblecause, Concessionaire shall give immediate notice thereof to the Contract Administrator and extent that insurance proceeds are available, the same damages shall be repaired by, and at the expense of County without unreasonable delay unless of, Landlord, and the Contract Administrator determines, in his or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible. From the date of rent until such casualty until said portion of the Premises is so repaired, if ever, the monthly installments of the MAG and Facility Rent repairs shall xxxxx in such proportion as have been made shall be apportioned according to the part of the Premises thus destroyed which is useable by Tenant. Such repairs shall be made promptly, subject to reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord, and for delay on account of labor troubles or rendered untenantable; provided, however, that if any area is so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by other cause beyond the Contract Administrator, such installment payments Landlord's control. Landlord shall not cease be liable for any inconvenience or be abated during annoyance or any repair periodother damages to Tenant or injury to the business of Tenant resulting from delays in repairing such damage. In the event the Contract Administrator determines, in his If twenty (20%) per cent or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible, then, at the option more of the Contract Administrator and upon notice to Concessionaire, the damaged useable floor area shall be removed from the Agreement and Exhibit A shall be amended automatically. Notwithstanding anything in the section, Concessionaire shall continue to pay to County the Percentage Fees. 9.2 County's obligations to rebuild or repair under this article shall be limited to restoring only the structural or permanent portions of the building in which on the Premises are located damaged or rendered untenantable by fire or other cause and if Landlord shall decide not to substantially restore or not to rebuild the condition that existed prior same, Landlord may, within forty (40) days after such fire or other damage, give Tenant a notice in writing of such decision and thereupon the Lease term shall expire on the sixtieth (60th) day after such notice is given, or sooner if the Tenant so desires, and Tenant shall vacate the Premises and surrender the same to Landlord. If Landlord does not so terminate this Lease, such repairs shall be made promptly, subject to reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, and for delay on account of labor trouble or any other cause beyond the Landlord's control. Landlord shall not be liable for any inconvenience or annoyance or any other damages to Tenant or injury to the casualtybusiness of Tenant resulting from delays in repairing such damage. If the Premises are totally damaged or are rendered wholly untenantable by fire or other cause so that they cannot reasonably be expected to be restored or rebuilt within a three (3) month period, Tenant may, within thirty (30) days of the occurrence of such damage, terminate this Lease upon fifteen (15) days prior notice in writing to Landlord, and thereafter, shall further be limited immediately vacate the Premises and surrender same to Landlord. Upon the extent termination of this Lease under the conditions herein provided for, Tenant's liability for rent shall cease as of the insurance proceeds available to County for such restoration. Concessionaire agrees that if day following the Contract Administrator elects to repair or rebuild as provided in this article, then Concessionaire will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, and restore its signs, fixtures, furnishings, equipment, Improvements, and other items provided or installed by Concessionaire in or about the Premises in a manner and to a condition at least equal to that which existed prior to its damage or destruction. 9.3 In the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or Affiliates, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs as approved by the Contract Administratorcasualty. If Concessionaire the Landlord fails to make the necessary any repairs in a timely manner as determined by the Contract Administratorwithin three (3) months after such fire or other damage, which repairs this Article XII requires Landlord to make, then the Contract Administrator may, at his or her option, cause such repairs Tenant shall have the right to be completed and Concessionaire shall reimburse County for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Codeterminate this Lease.

FIRE AND OTHER DAMAGE. 9.1 In the event that structural or permanent portions of the building within the Premises are shall be partially damaged by fire or other casualty for which Concessionaire is not responsiblecasualty, Concessionaire Lessee shall give immediate notice thereof to the Contract Administrator Department and the same shall be repaired at the expense of County the Lessor without unreasonable delay unless the Contract Administrator determines, in his or her sole discretion, Lessor determines that (1) the damage is so extensive that the repair or rebuilding is not feasible, or (2) the damage resulted from a negligent act or omission of Lessee, its officers, agents, employees, contractors, visitors or licensees in which case there shall be no suspension or termination of this Agreement or of Lessee's obligation to pay in full all charges, notwithstanding any other provisions hereunder to the contrary. Lessee acknowledges that if it is found that the damage resulted from a negligent act or omission of Lessee, its officers, agents, employees, contractors, visitors or licensees the Lessor’s insurer may elect to exercise its subrogation rights. From the date of such casualty until said portion of the Premises area is so repaired, if evermonthly payments hereunder shall, the monthly installments of the MAG and Facility Rent shall except as hereinabove provided, xxxxx in such proportion as the part of the Premises area thus destroyed or rendered untenantable; provideduntenantable bears to the areas assigned and the Minimum Annual Guarantee owed by Lessee shall be adjusted accordingly. However, however, that if any an area is shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments rent hereunder shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is to an area should be so extensive that as to render it untenantable, the repair rent for such area shall, except as hereinabove provided, cease until such time it shall again be put in repair, but in the event of the area being damaged by fire or rebuilding is other casualty to such an extent as to render it necessary in the exclusive judgment of the Lessor not feasibleto rebuild the same, then, at the option of the Contract Administrator Lessor, and upon notice to ConcessionaireLessee, this Agreement as it applies to said area shall cease and come to an end, and the rent hereunder shall be apportioned and paid up to date of such damage. If the Lessor elects to rebuild said areas, the damaged Lessor shall notify Lessee of such intention within thirty (30) days of the date of the damage, otherwise, the Agreement as it applies to said area shall be removed from the Agreement deemed canceled and Exhibit A shall be amended automaticallyof no further force or effect. Notwithstanding anything in the section, Concessionaire shall continue to pay to County the Percentage Fees. 9.2 CountyThe Lessor's obligations to rebuild or repair under this article as provided herein shall in any event be limited to restoring only the structural or permanent portions of the building in which the Premises are located said area to substantially the condition that existed prior to the casualty, commencement of improvements by Lessee and shall further be limited to the extent of the insurance proceeds available to County Lessor for such restoration. Concessionaire Lessee agrees that if the Contract Administrator Lessor elects to repair or rebuild as provided in this articleherein, then Concessionaire Lessee will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, repair and restore its signs, fixtures, furnishings, equipment, Improvements, signs and other items fixtures provided or installed by Concessionaire Lessee, in or about the Premises in a manner and to a condition at least equal to that which existed prior to its damage or destruction. 9.3 . In the event said Lessor elects not to repair or rebuild as provided herein, and in the event that the damage or loss is caused covered by insurance secured by Lessee, Lessee shall immediately pay over to Lessor the portion of the insurance proceeds as described below and this Agreement shall then be terminated. Lessee's obligation to remit insurance proceeds to Lessor shall be limited to the value of the fixtures and equipment owned by the Lessor, except where damages resulted from the act omission or omission negligence of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or Affiliates, Concessionaire's payments shall not xxxxx and Concessionaire shall Lessee in which case proceeds will be responsible, at its expense, for making all paid over to Lessor in accordance with the necessary repairs as approved by the Contract Administrator. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract Administrator, then the Contract Administrator may, at his or her option, cause such repairs to be completed and Concessionaire shall reimburse County for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Codeprovisions contained herein.

FIRE AND OTHER DAMAGE. 9.1 In If the event that structural Building or permanent portions of the Premises are any part thereof is partially damaged by fire or other casualty casualty, the damage thereto (except for damage to the Premise's interior finish and build-out and to Lessee's fixtures, property and equipment, for which Concessionaire is not responsible, Concessionaire shall give immediate notice thereof to the Contract Administrator and the same Lessee shall be repaired responsible) shall be promptly restored by and at the expense of County without unreasonable delay unless Lessor, and until such restoration shall be made, if the Contract Administrator determinesPremises, or any part thereof, are rendered unfit for its use and purpose, the rent and other charges shall be subject to an abatement to the extent fair and equitable, except if such casualty was a result of the willful fault or negligence of Lessee, in his which event there shall be no abatement of rent. Such restoration shall be made promptly by Lessor subject to delay which may arise by reason of adjustment of insurance, and for reasonable delay on account of "labor troubles" or her sole discretionany other cause beyond Lessor's control (excluding financial inability). Lessor shall not be liable for any inconvenience or annoyance to Lessee or for injury to the business of Lessee resulting from such excused delays. If the Building or the Premises is substantially damaged or rendered substantially untenantable by fire or other casualty, that the damage is so extensive that rent and other charges shall be subject to an abatement to the repair or rebuilding is not feasible. From extent fair and equitable as of the date of the fire or casualty, and continuing until Lessor completes its restoration obligations hereunder or until the term expires hereunder, except if such casualty until said portion was a result of the willful fault or negligence of Lessee, in which event there shall be no abatement of rent, and the Lessor shall promptly restore the same (excluding Lessee's interior finish and build-out and Lessee's fixtures, property, and equipment), unless Lessor decides not to restore, in which event the Lessor may, within sixty (60) days, after such fire or other cause, give Lessee a notice in writing of such decision and thereupon the term shall expire upon the thirtieth (30th) days after such notice is given, and the Lessee shall vacate the Premises and surrender the same to the Lessor. If the Premises is so repairedsubstantially damaged by casualty thereby being rendered substantially untenantable, then Lessee shall have the right to terminate this Lease if everLessor does not inform Lessee that it plans to restore the Premises within thirty (30) days of the casualty. If the Premises (excluding Lessee Improvements and Lessee's fixtures, property and equipment) is not in fact substantially restored such that Lessee can occupy it and reasonably operate its business therefrom within two months after the fire or other casualty, the monthly installments Lessee may terminate this Lease by written notice to Lessor within thirty (30) days after the end of the MAG and Facility Rent said two month period, but before such substantial restoration has been made. The provisions of this Article XIV shall xxxxx govern in such proportion as the part case of damage or destruction of the Premises thus destroyed Building or rendered untenantable; provided, however, that if any area is so slightly injured in part thereof and restoration thereof due to a fire or casualty notwithstanding any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible, then, at the option inconsistent provisions of the Contract Administrator and upon notice to Concessionaire, the damaged area shall be removed from the Agreement and Exhibit A shall be amended automaticallythis Lease. Notwithstanding anything to the contrary contained in this Article XIV, the section, Concessionaire shall continue to pay to County the Percentage Fees. 9.2 County's obligations to rebuild or repair under this article provisions hereof shall be limited to restoring only the structural or permanent portions of the building in which the Premises are located to substantially the condition that existed prior subject and subordinate to the casualty, and shall further be limited to rights of institutions holding mortgages on the extent Building including the rights contained in any of Lessor's institutional or purchase money mortgage financing documents affecting the insurance proceeds available to County for such restoration. Concessionaire agrees that if the Contract Administrator elects to repair or rebuild as provided in this article, then Concessionaire will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, and restore its signs, fixtures, furnishings, equipment, Improvements, and other items provided or installed by Concessionaire in or about the Premises in a manner and to a condition at least equal to that which existed prior to its damage or destructionBuilding. 9.3 In the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or Affiliates, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs as approved by the Contract Administrator. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract Administrator, then the Contract Administrator may, at his or her option, cause such repairs to be completed and Concessionaire shall reimburse County for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Code.

FIRE AND OTHER DAMAGE. 9.1 In If the event that structural Building or permanent portions of the Premises are any part thereof is partially damaged by fire or other casualty casualty, the damage thereto (except for damage to the Premises' interior finish and build-out and to LESSEE'S fixtures, property and equipment, for which Concessionaire is not responsible, Concessionaire shall give immediate notice thereof to the Contract Administrator and the same LESSEE shall be repaired responsible) shall be restored by and at the expense of County without unreasonable delay unless LESSOR, and until such restoration shall be made, if the Contract Administrator determinesPremises are rendered substantially unfit for its use and purpose, the rent and other charges shall be subject to an abatement to the extent fair and equitable, except if such casualty was a result of the willful fault or negligence of LESSEE, in his which event there shall be no abatement of rent. Such restoration shall be made promptly by LESSOR subject to delay which may arise by reason of adjustment of insurance, and for reasonable delay on account of "labor troubles" or her sole discretionany other cause beyond LESSOR'S control. LESSOR shall not be liable for any inconvenience or annoyance to LESSEE or for injury to the business of LESSEE. If the Building or the Premises is substantially damaged or rendered substantially untenantable by fire or other casualty, that the damage is so extensive that rent and other charges shall be subject to an abatement to the repair or rebuilding is not feasible. From extent fair and equitable as of the date of the fire or casualty, and continuing until LESSOR completes its restoration obligations hereunder or until the term expires hereunder, except if such casualty until said portion was a result of the willful fault or negligence of LESSEE, in which event there shall be no abatement of rent, and the LESSOR shall promptly restore the same (excluding LESSEE'S interior finish and build-out and LESSEE'S fixtures, property, and equipment), unless LESSOR decides not to restore, in which event the LESSOR may, within sixty (60) days, after such fire or other cause, give LESSEE a notice in writing of such decision and thereupon the term shall expire upon the thirtieth (30th) day after such notice is given, and the LESSEE shall vacate the Premises and surrender the same to the LESSOR. If the Building (excluding Tenant Improvements and LESSEE'S fixtures, property and equipment) is so repaired, if evernot in fact restored by LESSOR within eight months after the fire or other casualty, the monthly installments LESSEE may terminate this lease by written notice to LESSOR within thirty (30) days after the end of the MAG and Facility Rent said eight month-period. The provisions of this Article 19 shall xxxxx govern in such proportion as the part case of damage or destruction of the Premises thus destroyed Building or rendered untenantable; provided, however, that if any area is so slightly injured in part thereof and restoration thereof due to a fire or casualty notwithstanding any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is so extensive that the repair or rebuilding is not feasible, then, at the option inconsistent provisions of the Contract Administrator and upon notice to Concessionaire, the damaged area shall be removed from the Agreement and Exhibit A shall be amended automaticallythis lease. Notwithstanding anything to the contrary contained in this Article, the section, Concessionaire shall continue to pay to County the Percentage Fees. 9.2 County's obligations to rebuild or repair under this article provisions hereof shall be limited to restoring only the structural or permanent portions of the building in which the Premises are located to substantially the condition that existed prior subject and subordinate to the casualtyrights of institutions holding mortgages on the Building, and shall further be limited to including the extent rights contained in any of LESSOR'S mortgage financing documents affecting the insurance proceeds available to County for such restoration. Concessionaire agrees that if the Contract Administrator elects to repair or rebuild as provided in this article, then Concessionaire will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, and restore its signs, fixtures, furnishings, equipment, Improvements, and other items provided or installed by Concessionaire in or about the Premises in a manner and to a condition at least equal to that which existed prior to its damage or destructionBuilding. 9.3 In the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or Affiliates, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs as approved by the Contract Administrator. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract Administrator, then the Contract Administrator may, at his or her option, cause such repairs to be completed and Concessionaire shall reimburse County for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Code.

FIRE AND OTHER DAMAGE. 9.1 17.1 In the event that structural or permanent portions of the Premises Assigned Areas are partially damaged by fire or other casualty for which Concessionaire is not responsible, Concessionaire shall give immediate notice thereof to the Contract Administrator County and the same shall be repaired at the expense of County without unreasonable delay unless the Contract Administrator determines, in his or her sole discretion, County determines that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said portion of the Premises Assigned Areas is so repaired, if ever, the monthly installments of the MAG and Facility Rent Minimum Annual Guarantee hereunder shall xxxxx in such proportion as the part of the Premises area thus destroyed or rendered untenantable; , within the Assigned Areas, provided, however, that if any area is so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is to the impacted portion of the Assigned Areas should be so extensive that as to render it untenantable, the repair monthly installments of the Minimum Annual Guarantee for the impacted portion of the Assigned Areas shall be abated until such time it shall again be put in repair, but in the event of the area being damaged by fire or rebuilding is other casualty to such an extent as to render it necessary in the exclusive judgment of County not feasibleto rebuild the same, then, at the option of the Contract Administrator County and upon notice to Concessionaire, the damaged area shall may be removed from the Agreement and Exhibit A shall be amended automaticallyAgreement. Notwithstanding anything in In the sectionevent of any abatement of installments of the Minimum Annual Guarantee with respect to the Assigned Areas or any portion of the Assigned Areas, Concessionaire shall continue be required to pay to County the Percentage FeesFees described in Article IV, hereof. 9.2 17.2 County's obligations to rebuild or repair under this article Article XVII shall be limited to restoring only the structural or permanent portions of the building in which the Premises Assigned Areas are located to substantially the condition that existed prior to the casualty, and shall further be limited to the extent of the insurance proceeds available to County for such restoration. Concessionaire agrees that if the Contract Administrator County elects to repair or rebuild as provided in this articleArticle XVII, then Concessionaire will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, and restore its signs, fixtures, furnishings, equipment, Improvements, improvements and other items provided or installed by Concessionaire in or about the Premises Assigned Areas in a manner and to a condition at least equal to that which existed prior to its damage or destruction. 9.3 17.3 In the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or AffiliatesParties, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs as approved by the Contract AdministratorAviation Department. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract AdministratorAviation Department, then the Contract Administrator Aviation Department may, at his or her its option, cause such repairs to be completed and Concessionaire shall reimburse County the Aviation Department for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Code.

FIRE AND OTHER DAMAGE. 9.1 In the event that structural or permanent portions of (a) If the Premises are shall be partially damaged by fire or other casualty for which Concessionaire is not responsiblecasualty, the Concessionaire shall give immediate notice thereof to the Contract Administrator City and the same shall be repaired at the expense of County the City without unreasonable delay unless the Contract Administrator determines, in his or her sole discretion, City determines that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said portion of the Premises building is so repaired, if ever, the monthly installments of the MAG and Facility Rent Rental payments hereunder shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenantableuntenable bears to the total Floor Area of the Premises; provided, however, that if any area is the Premises shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments Rentals hereunder shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is to the Premises should be so extensive that as to render it untenable, the repair Rentals shall cease until such time as it shall be put in repair, but in the event the Premises is damaged by fire or rebuilding is other casualty to such an extent as to render it necessary in the exclusive judgment of the City not feasibleto rebuild the same, then, then at the option of the Contract Administrator City, and upon notice to Concessionaire, this Agreement shall cease and come to an end and the damaged area Rentals hereunder shall be removed from apportioned and paid up to date of such damage. If the City elects to rebuild the Premises, the City shall notify Concessionaire of such intention within thirty (30) days of the date of the damage, otherwise this Agreement and Exhibit A shall be amended automaticallydeemed canceled and of no further force or effect. Notwithstanding anything in any provision above, should the sectiondestruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire shall continue may, at Concessionaire’s option, terminate this Agreement by written notification of same given to pay to County the Percentage FeesCity within thirty (30) days after the occurrence of such casualty, or upon notification that the work will not be completed within the one hundred twenty (120) days. 9.2 County's (b) The City’s obligations to rebuild or repair under this article shall Article shall, in any event, be limited to restoring only the structural or permanent portions of the building in which the Premises are located to substantially the condition that existed prior to the casualtycommencement of improvements, if any, performed by Concessionaire and shall further be limited to the extent of the insurance proceeds available to County the City for such restoration. Concessionaire agrees that if the Contract Administrator City elects to repair or rebuild as provided in this articleset forth herein, then Concessionaire will proceed with reasonable diligence and and, at its sole cost and expense expense, to rebuild, repair, rebuild repair and restore its improvements, signs, fixtures, furnishings, equipment, Improvements, equipment and other items provided or installed by Concessionaire in or about the Premises in a manner and to a condition at least equal to that which existed prior to its the damage or destruction. 9.3 In . Should the event commencement, construction or completion of said damage is caused repair, reconstruction or replacement be prevented or delayed by the act reason of war, civil commotion, acts of God, strikes, governmental restrictions or omission of Concessionaire regulations, fire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, inviteesother casualty, or Affiliatesany other reason beyond the control of either party, Concessionaire's payments the time for commencing or completing the repair, reconstruction or replacement, as the case may be, shall not xxxxx and Concessionaire shall automatically be responsible, at its expense, for making all the necessary repairs as approved by the Contract Administrator. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract Administrator, then the Contract Administrator may, at his or her option, cause such repairs to be completed and Concessionaire shall reimburse County extended for the costs and expenses incurred in period of each such repair, plus an administrative fee as permissible under the Broward County Administrative Codedelay.

FIRE AND OTHER DAMAGE. 9.1 In the event that structural or permanent portions of (a) If the Premises are shall be partially damaged by fire or other casualty for which Concessionaire is not responsiblecasualty, the Concessionaire shall give immediate notice thereof to the Contract Administrator City and the same shall be repaired at the expense of County the City without unreasonable delay unless the Contract Administrator determines, in his or her sole discretion, City determines that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said portion of the Premises building is so repaired, if ever, the monthly installments of the MAG and Facility Rent Rental payments hereunder shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenantableuntenable bears to the total Floor Area of the Premises; provided, however, that if any area is the Premises shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments Rentals hereunder shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is to the Premises should be so extensive that as to render it untenable, the repair Rentals shall cease until such time as it shall be put in repair, but in the event the Premises is damaged by fire or rebuilding is other casualty to such an extent as to render it necessary in the exclusive judgment of the City not feasibleto rebuild the same, then, then at the option of the Contract Administrator City, and upon notice to Concessionaire, this Agreement shall cease and come to an end and the damaged area Rentals hereunder shall be removed from apportioned and paid up to date of such damage. If the City elects to rebuild the Premises, the City shall notify Concessionaire of such intention within thirty (30) days of the date of the damage, otherwise this Agreement and Exhibit A shall be amended automaticallydeemed canceled and of no further force or effect. Notwithstanding anything in any provision above, should the sectiondestruction or damage to the Premises (to the extent of work that is to be provided as part of the City’s obligation) be so great that it will not be reasonably repaired or restored by the City within one hundred twenty (120) days to the state of fitness that existed prior to the commencement of improvements, if any, performed by Concessionaire, Concessionaire shall continue may, at Concessionaire’s option, terminate this Agreement by written notification of same given to pay to County the Percentage FeesCity within thirty (30) days after the occurrence of such casualty, or upon notification that the work will not be completed within the one hundred twenty (120) days. 9.2 County's (b) The City’s obligations to rebuild or repair under this article shall Article shall, in any event, be limited to restoring only the structural or permanent portions of the building in which the Premises are located to substantially the condition that existed prior to the casualtycommencement of improvements, if any, performed by Concessionaire and shall further be limited to the extent of the insurance proceeds available to County the City for such restoration. Concessionaire agrees that if the Contract Administrator City elects to repair or rebuild as provided in this articleset forth herein, then Concessionaire will proceed with reasonable diligence and and, at its sole cost and expense expense, to rebuild, repair, rebuild repair and restore its improvements, signs, fixtures, furnishings, equipment, Improvements, equipment and other items provided or installed by Concessionaire in or about the Premises in a manner and to a condition at least equal to that which existed prior to its the damage or destruction. Should the commencement, construction or completion of said repair, reconstruction or replacement be prevented or delayed by reason of war, civil commotion, acts of God, strikes, governmental restrictions or regulations, fire or other casualty, or any other reason beyond the control of either party, the time for commencing or completing the repair, reconstruction or replacement, as the case may be, shall automatically be extended for the period of each such delay. 9.3 In (c) City’s election to repair the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officerspremises, agentsas provided in this Article XVIII, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or Affiliates, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs construed as approved a waiver or limitation of City’s right to pursue and/or recover damages/losses suffered by the Contract Administrator. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract Administrator, then the Contract Administrator may, at his or her option, cause such repairs to be completed and Concessionaire shall reimburse County for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative CodeCity.

FIRE AND OTHER DAMAGE. 9.1 17.1 In the event that structural or permanent portions of the Premises are Assigned Areas shall be partially damaged by fire or other casualty for which Concessionaire is not responsible, Concessionaire shall give immediate notice thereof to the Contract Administrator County and the same shall be repaired at the expense of County without unreasonable delay unless the Contract Administrator determines, in his or her sole discretion, County determines that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said portion of the Premises Assigned Areas is so repaired, if ever, the monthly installments of the MAG and Facility Rent Minimum Annual Guarantee hereunder shall xxxxx in such proportion as the part of the Premises area thus destroyed or rendered untenantable; , within the Assigned Areas, provided, however, that if any area is shall be so slightly injured in any such casualty as not to be rendered unfit for occupancy, as determined exclusively by the Contract Administrator, such installment payments shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage is to the impacted portion of the Assigned Areas should be so extensive that as to render it untenantable, the repair monthly installments of the Minimum Annual Guarantee for the impacted portion of the Assigned Areas shall be abated until such time it shall again be put in repair, but in the event of the area being damaged by fire or rebuilding is other casualty to such an extent as to render it necessary in the exclusive judgment of County not feasibleto rebuild the same, then, at the option of the Contract Administrator County and upon notice to Concessionaire, the damaged area shall may be removed from the Agreement and Exhibit A shall be amended automaticallyAgreement. Notwithstanding anything in In the sectionevent of any abatement of installments of the Minimum Annual Guarantee with respect to the Assigned Areas or any portion of the Assigned Areas, Concessionaire shall continue be required to pay to County the Percentage FeesFees described in Article IV, hereof. 9.2 17.2 County's obligations to rebuild or repair under this article Article XVII shall in any event be limited to restoring only the structural or permanent portions of the building in which the Premises are Assigned Areas is located to substantially the condition that existed prior to the casualty, casualty and shall further be limited to the extent of the insurance proceeds available to County for such restoration. Concessionaire agrees that if the Contract Administrator County elects to repair or rebuild as provided in this articleArticle XVII, then Concessionaire will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair, repair and restore its signs, fixtures, furnishings, equipment, Improvements, improvements and other items provided or installed by Concessionaire Concessionaire, in or about the Premises Assigned Areas in a manner and to a condition at least equal to that which existed prior to its damage or destruction. 9.3 17.3 In the event said damage is caused caused, by the act or omission of to act by Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or AffiliatesParties, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs as approved by the Contract AdministratorAviation Department. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract AdministratorAviation Department, then the Contract Administrator Aviation Department may, at his or her its option, cause such repairs to be completed and Concessionaire shall reimburse County the Aviation Department for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Code.

FIRE AND OTHER DAMAGE. 9.1 27.01 In the event that structural or permanent portions of the Premises are shall be partially damaged by fire or other casualty for which Concessionaire is not responsiblethrough no fault of Lessee, Concessionaire Lessee shall give immediate notice thereof to the Contract Administrator Lessor and the same shall be repaired repaired, at the expense of County Lessee’s expense, without unreasonable delay delay, unless the Contract Administrator determines, in his or her sole discretion, Lessee determines that the damage is so extensive that the repair or rebuilding is not feasible. From the date of such casualty until said portion repair, monthly rents hereunder shall xxxxx based on the proportion of the Premises is so repaireddestroyed, if ever, the monthly installments of the MAG and Facility Rent shall xxxxx in such proportion as the part of the Premises thus destroyed or rendered untenantable, bears to the total Premises; provided, however, that if any area is said Premises shall be so slightly injured damaged in any such casualty way so as not to be rendered unfit for occupancyunusable, as determined exclusively by the Contract Administrator, such installment payments rent hereunder shall not cease or be abated during any repair period. In the event the Contract Administrator determines, in his or her sole discretion, that the damage to the Premises, by fire or other casualty, is so extensive that the repair or rebuilding Premises is not feasiblerendered wholly unusable, thenand such damage to the Premises, in the exclusive judgment of Lessor, makes occupancy and use to be impractical, then at the option of the Contract Administrator Lessor, and upon notice to ConcessionaireLessee, this Lease, as it applies to said Premises, shall cease, and the damaged area rent hereunder shall be removed from apportioned and paid up to date of such damage. If Lessee elects to restore the Agreement and Exhibit A Premises, Lessee shall notify Lessor of such intention within thirty (30) calendar days of the date of the damage, otherwise the Lease, as applicable to said Premises, shall be amended automatically. Notwithstanding anything in the section, Concessionaire shall continue to pay to County the Percentage Feesdeemed canceled and of no further force or effect. 9.2 County27.02 Lessee's obligations to rebuild or repair under this article shall Article shall, in any event, be limited to restoring only the structural or permanent portions of the building in which the said Premises are located to substantially the condition that existed prior to the casualtycommencement of improvements, if any, performed by Lessee and shall further be limited to the extent of the insurance proceeds available to County Lessee for such restoration. Concessionaire Lessee agrees that if the Contract Administrator Lessee elects to repair or rebuild as provided set forth in this articleArticle, then Concessionaire Lessee will proceed with reasonable diligence and diligence, at its sole cost and expense expense, to rebuild, repair, repair and restore its improvements, signs, fixtures, furnishings, equipment, Improvements, and other items provided or installed by Concessionaire Lessee in or about the Leased Premises in a manner and to a condition at least equal to that which existed prior to its the damage or destruction. 9.3 In the event said damage is caused by the act or omission of Concessionaire or Concessionaire's officers, agents, employees, partners, contractors, subcontractors, subconcessionaires, sublessees, guests, invitees, or Affiliates, Concessionaire's payments shall not xxxxx and Concessionaire shall be responsible, at its expense, for making all the necessary repairs as approved by the Contract Administrator. If Concessionaire fails to make the necessary repairs in a timely manner as determined by the Contract Administrator, then the Contract Administrator may, at his or her option, cause such repairs to be completed and Concessionaire shall reimburse County for the costs and expenses incurred in such repair, plus an administrative fee as permissible under the Broward County Administrative Code.