Common use of FIRE CLAUSE Clause in Contracts

FIRE CLAUSE. (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 destroyed by fire or other casualty so as to render the Leased Premises untenantable in whole or in part, the rental provided for herein shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to the date of damage, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as of the date of damage (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office 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 reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more from the date of the casualty, then, in either such event, all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effect.

FIRE CLAUSE. (a) In the event of a fire or other casualty in the Leased Premises, Tenant Lessee shall immediately give notice thereof to LandlordLessor. If the Leased Premises through no fault or neglect of Lessee, its agents or employees shall be partially destroyed by fire or other casualty so as to render the Leased Premises untenantable in whole or in part, the rental provided for herein shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition are made tenantable as existed immediately prior to the date determined by Lessor and Lessor shall, upon receipt of damageinsurance proceeds, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as of the date of damage (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office 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 for a reputable independent period reasonably estimated by a responsible contractor selected by Landlord Lessor to be six (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (96) months or more from longer after Lessor's insurance settlement, or in the date event of total or substantial damage or destruction of the casualtyBuilding from any cause and if Lessor shall decide not to rebuild, then, in either such event, then all Rent rent owed up to the time of such destruction or termination shall be paid by Tenant Lessee and thenceforth this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), shall cease and come to an endterminate. Landlord Lessor shall give Lessee written notice of Landlord’s its decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage Paragraph 5, Lessor shall only be obligated to restore or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3rebuild the Premises to a building standard condition; provided, in however, Lessee shall have the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect right to terminate the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary cause Lessor to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provideddestruction, however, Tenant in which event Lessee shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements (been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in each case, which election shall be made by Tenant no later than sixty (60) days after such damage excess of those costs necessary to complete the Premises to building standard condition or destruction) and allow Tenant provide evidence satisfactory to Lessor of Lessee's ability to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement such costs. Notwithstanding anything to the extent that Landlord has restored contrary in this Lease, if the building standard leasehold improvement in the applicable area holder of the Leased Premises. In the event the Leased Premises are damaged or destroyed any debt secured by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based a lien on the Estimation) (each such period Building or Premises requires insurance proceeds to be subjectapplied to that debt, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to then Lessor may terminate this Lease after the expiration on written notice to Lessee, whereupon all further rights and obligations of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination party shall be of no force and effect and this Lease and the Term shall continue in full force and effectterminate.

FIRE CLAUSE. (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 destroyed by fire or other casualty so as to render the Leased Premises untenantable in whole or in part, the rental provided for herein shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to the date of damage, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as of the date of damage (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or partial destruction of the Office Building Premises during the term of this Lease, from any cause insured under a Standard Form Fire and Landlord Extended Coverage policy of insurance which Lessor agrees to maintain, Lessor shall decide not to rebuildforthwith repair the same, or provided such repairs can be made within one hundred eighty (ii180) results in the Leased Premises being untenantable in whole or in substantial part and the reasonable estimation of a reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more days from the date of such partial destruction, under the casualtythen applicable laws, thenrules and regulations of federal, state and local authorities and in either such event, all Rent owed up to light of the time extent of such damage and the then condition of the labor market and availability of materials and supplies, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be paid entitled to a proportionate reduction of the minimum monthly rental amount owed by Tenant Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and thenceforth destruction and the making of such repairs shall interfere with the business carried on by Lessee in the Premises. If Lessor need not make such repairs, but nevertheless elects within one hundred eighty (180) days to make the same, this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effect, and the minimum monthly rental amount shall be proportionately reduced in accordance with the immediately preceding sentence. Lessee may terminate this Lease if commencement of such repairs has not occurred within one hundred eighty (180) days or been completed within one year. In the event that Lessor does not elect to make such repairs, or such repairs cannot be made, this Lease may be terminated at the option of either party. A total destruction of the Building shall, at the option either of Lessor or Lessee, terminate this Lease. Lessor shall not be required to repair any injury or damage by fire or any other cause, or to make any repairs or replacements of any personal property, furnishings, fixtures, equipment, improvements, contents or other property contained or installed in the Premises of Lessee. Notwithstanding anything to the contrary contained in this Section or this Lease, Lessor shall not have any obligation to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months of the term of this Lease, nor shall Lessor be required to make expenditures greater than the actual amount of any insurance recovery.

FIRE CLAUSE. (a) In If the event of a fire or other casualty in the improvements on said Leased Premises, Tenant during the terms of this Lease should be seriously damaged by fire, explosion, windstorm or in any other manner, so that said improvements may become untenantable, Lessor shall immediately give notice thereof have the option within twenty (20) days thereafter either to Landlordcancel this Lease or to begin repairing or restoring the improvements to their former condition, as nearly as may be; if Lessor elects to repair or restore the improvements, the duration of time when the premises are untenantable shall be applied as a reduction of the term of the, Lease Agreement, so that no rent shall be paid during such time, but as soon as the Premises shall have been made tenantable again the Lessee shall then promptly reoccupy the Premises under the terms and conditions hereof. If the Leased Premises building is only partially damaged, so that there will be no total cessation of occupancy, Lessor shall repair the damage within reasonable dispatch, but there will be partially destroyed by fire no abatement of the rent on account thereof. If the building is too badly damaged to repair the same or other casualty so as if Lessor elects not to render the Leased Premises untenantable in whole or in partrestore it to a tenantable condition, the rental provided for herein Lease shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to the date of damage, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises terminate as of the date of damage (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office 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 reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more from the date of the casualty, then, in either such event, all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3said Premises, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualtyunmatured rent herein set forth shall be, then all Rent owed up to the time of such destruction shall be paid by Tenant canceled, and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunderunearned prepaid rental, if any, (or shall be refunded by Lessor to Lessee; but if the Lessee shall be in arrears in his payment of the rental accrued to that time, Lessee shall forthwith pay up the unpaid balance thereof. Notwithstanding the above, should the damages to Leased Premises render them untenantable and there is no restoration work required to be performed by Landlord hereunder, promptly after less than six (6) months remaining on the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms term of the Lease, Lessee may terminate the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements by so notifying Lessor in writing within ten (in each case, which election shall be made by Tenant no later than sixty (6010) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effectsaid damage.

FIRE CLAUSE. (a) In the event of a fire or other casualty in the Leased Premises, Tenant shall immediately give notice thereof to Landlord16.1. If the Leased Premises shall be partially destroyed damaged by fire or other casualty so as to render insured against by Landlord's fire and extended coverage insurance policy covering the Leased Building, and the Premises untenantable can be fully repaired, in whole or in partLandlord's opinion, the rental provided for herein shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to within one hundred and eighty (180) days from the date of such damage, and Landlord agrees to commence and prosecute Landlord, at Landlord's expense, shall repair such repair work required of Landlord hereunder promptly and with all due diligencedamage; provided, however, that Landlord shall only be required have no obligation: (a) to reconstruct building repair any damage to, or to replace, Tenant's non-Preoccupancy Tenant Work standard leasehold tenant improvements existing or any other property located in the Leased Premises as Premises; (b) to repair if such damage occurs during the last year of the lease term (excluding any renewal option which is unexercised at the date of damage such damage); or (or those portions c) to repair if the mortgagee does not allow the insurance proceeds to be used for such purposes. Except as otherwise provided herein, until the repairs to the Premises are substantially completed, the Monthly Base Rent shall xxxxx pro-rata based on the part of the Leased Premises that were not building standard prior to such damage which is unusable by Tenant. No compensation or destruction but that Tenant has elected for Landlord to restore to building standard, which election rent deduction shall be made by Tenant no later than sixty (60) days after such damage for inconvenience, annoyance or destruction), and Tenant shall, subject injury to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; providedbusiness. If, however, in the event Premises are rendered wholly untenantable by fire or other cause as determined by the Fire Xxxxxxxx for Xxxx Arundel County, Maryland or such destruction (i) results in total other duly authorized governmental individual or substantial damages to or destruction of the Office Building entity having jurisdiction over said matters, and Landlord shall decide not to rebuildrebuild the same, or (ii) results in if the Leased Premises being untenantable in whole entire Building be so damaged that Landlord shall decide to demolish it or not to rebuild it, then or in substantial part and the reasonable estimation of a reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more from the date of the casualty, then, in either such event, all Rent owed up to the time any of such destruction shall be paid by Tenant events, Landlord may, at its option, cancel and thenceforth terminate this Lease shallby giving Tenant notice in writing, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in of the occurrence of the event such destruction results in causing the Leased Premises being untenantable in whole or in substantial partdamage, Landlord does not elect of its intention to terminate cancel this Lease, whereupon the Lease pursuant to the terms term of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction Lease shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of upon the thirtieth (30th) day after such notice is given, with given and Tenant shall vacate the Premises and surrender the same force to Landlord. In no event shall Landlord be liable to Tenant except to the extent provided in this Article 16, and effect as if such date were without limiting the date originally established as the Expiration Date unlessforegoing, within such thirty (30) day period such restoration work is substantially completedLandlord shall not be responsible for consequential damages, in which case lost profits or any damage to Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effect's personal property.

FIRE CLAUSE. (a) In the event of a If said Premises or any part thereof shall be slightly damaged by fire or other casualty in catastrophic casualty, but not to the Leased extent that the Lessee is deprived of any use of said Premises by reason of such damage, then the Lessor shall, with all due diligence and at the Lessor's expense and cost, repair and restore the said Premises, Tenant shall immediately give notice thereof to Landlord. If the Leased said Premises shall be partially destroyed damaged to the extent that the Lessee is deprived of any use thereof by fire or other casualty so as to render the Leased reason of such damage, and such Premises untenantable in whole or in partshall be capable of being repaired within a reasonable time, the rental provided for herein Lessor shall xxxxx thereafter as have the option of repairing the same and during the time that repairs are being made the Lessor shall remit to the Lessee a just and fair portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior rent according to the date of damage, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, extent that Landlord the Lessee shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as deprived of the date use of damage (or those portions said Premises by reason of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election by fire. If such repairs shall not be made by Tenant no later than sixty (60) days after such damage or destruction), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office 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 reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more from the date of the casualty, then, in either such event, all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant commenced within thirty (30) days following receipt after the occurrence of such estimation)damage, cease then the Lessee at its option may terminate this Lease by written notice to the Lessor, whereupon Lessee shall surrender the Premises and come to an end. Notwithstanding anything contained in this Section 6.3shall not be liable for any further rental, (x) in no event and Lessor shall Landlord be required to expend the proceeds of any insurance carried refund unearned rent paid by Landlord that are required by the holder of Lessee calculated at a lien daily rate based on the Building rental for the whole term. If the said Premises are so badly damaged by fire as to render it unfit for Lessee's occupancy, then this Lease may be applied terminated by either party, upon ten days' written notice to the payment of other, whereupon Lessee shall surrender the indebtedness secured thereby Premises and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or not be liable for any alterations or improvements to further rental, and Lessor shall refund any unearned rent paid by Lessee calculated at a daily rate based on the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) rental for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expensewhole term. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction providedProvided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, that if and damage to the extent permitted by Landlord’s insurerPremises from fire or casualty results in whole or in part from the negligence or intentional act of Lessee, elect its agents, employees or invitees, then Lessee shall not be entitled to any rent abatement or any early termination for Landlord to give Tenant a credit (which credit this Lease, Lessee shall be provided by Landlord to Tenant in accordance with pay the terms of the Lease as if such credit was Construction Allowance) full rent for the cost full remaining term of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effectperform its other duties under this Lease.

FIRE CLAUSE. (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 any portion of the Building is destroyed by fire or other casualty so as casualty, Landlord shall have the right to render terminate this Lease or to repair the Leased Premises untenantable in whole with reasonable dispatch, subject to delays resulting from adjustment of the loss and any other cause beyond Landlord's reasonable control; provided, Landlord shall not be required to repair or in partreplace any furniture, the rental provided for herein shall xxxxx thereafter as furnishings or other personal property which Tenant may be entitled to the portion of remove from the Leased Premises rendered untenantable until or any installations in excess of Building standard, unless such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to the date of damage, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as were part of the date of damage Upfit (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty (60) days after such damage or destructionas defined in Exhibit C), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office 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 reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more from the date of the casualty, then, in either such event, all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give provide written --------- notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend after the proceeds date of any insurance carried by Landlord that are required by casualty as to Landlord's election to terminate or repair. The notice shall provide Landlord's reasonable estimate as to whether the holder of a lien on the Building to repair and restoration can be applied to the payment of the indebtedness secured thereby and completed within one hundred eighty (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60180) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost date of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premisesnotice. In the event the Leased Premises are damaged Landlord's notice provides that repair or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine will take more than one hundred eighty (9180) months from days after the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay)notice, Tenant shall have the right to terminate this Lease Lease, provided that Tenant must deliver written notice of its election to terminate within ten (10) days after receipt of Landlord's notice thereof. If Tenant fails to deliver such notice in the expiration time period specified above, Tenant shall be deemed to have waived its right to terminate. Until Landlord's repairs are completed the Rent shall be abated in proportion to the portions of such nine (9) month period (the Leased Premises, if any, which are untenantable or unsuited for the later period conduct of time set forth Tenant's business. Notwithstanding anything contained in Landlord’s Casualty Noticethis Section, based on Landlord shall only be obligated to restore or rebuild the Estimation) (as each such period may be extended as provided above) but Leased Premises to the condition that existed immediately prior to the time that casualty, and Landlord shall not be required to expend more funds than the restoration work amount received by Landlord is obligated to perform hereunder is substantially completedfrom the proceeds of any insurance carried by Landlord, such termination to take effect as of the thirtieth (30th) day after such notice is given, provided Landlord maintains insurance coverage in accordance with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effectLease.

FIRE CLAUSE. (a) In the event of a fire or other casualty in the Leased Premises, Tenant shall immediately give notice thereof to Landlord18.1. If the Leased Premises shall be partially destroyed damaged by fire or other casualty so as to render insured against by Landlord's fire and extended coverage insurance policy covering the Leased Building, and the Premises untenantable can be fully repaired, in whole or in partLandlord's opinion, the rental provided for herein shall xxxxx thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to within one hundred and eighty (180) days from the date of such damage, and Landlord agrees to commence and prosecute Landlord, at Landlord's expense, shall repair such repair work required of Landlord hereunder promptly and with all due diligencedamage; provided, however, that Landlord shall only be required have no obligation: (a) to reconstruct building repair any damage to, or to replace, Tenant Work, alterations, standard leasehold tenant improvements existing or any other property located in the Leased Premises as Premises; (b) to repair if such damage occurs during the last year of the Lease Term (excluding any renewal option which is unexercised at the date of damage such damage); or (or those portions c) to repair if the mortgagee does not allow the insurance proceeds to be used for such purposes. Except as otherwise provided herein, until the repairs to the Premises are substantially completed, the Monthly Base Rent shall xxxxx pro-rata based on the part of the Leased Premises that were not building standard prior to such damage which is unusable by Tenant. No compensation or destruction but that Tenant has elected for Landlord to restore to building standard, which election rent deduction shall be made by Tenant no later than sixty (60) days after such damage for inconvenience, annoyance or destruction), and Tenant shall, subject injury to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; providedbusiness. If, however, in the event Premises are rendered wholly untenantable by fire or other cause as determined by the Fire Xxxxxxxx for Xxxx Arundel County, Maryland or such destruction (i) results in total other duly authorized governmental individual or substantial damages to or destruction of the Office Building entity having jurisdiction over said matters, and Landlord shall decide not to rebuildrebuild the same, or (ii) results in if the Leased Premises being untenantable in whole entire Building be so damaged that Landlord shall decide to demolish it or not to rebuild it, then or in substantial part and the reasonable estimation of a reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more from the date of the casualty, then, in either such event, all Rent owed up to the time any of such destruction shall be paid by Tenant events, Landlord may, at its option, cancel and thenceforth terminate this Lease shallby giving Tenant notice in writing, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in of the occurrence of the event such destruction results in causing the Leased Premises being untenantable in whole or in substantial partdamage, Landlord does not elect of its intention to terminate cancel this Lease, whereupon the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction Term shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of upon the thirtieth (30th) day after such notice is given, with given and Tenant shall vacate the Premises and surrender the same force to Landlord. In no event shall Landlord be liable to Tenant except to the extent provided in this Article 18, and effect as if such date were without limiting the date originally established as the Expiration Date unlessforegoing, within such thirty (30) day period such restoration work is substantially completedLandlord shall not be responsible for consequential damages, in which case lost profits or any damage to Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effect's personal property.

FIRE CLAUSE. (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 demised premises or said building, shall be partially destroyed so damaged by fire or other casualty so catastrophe as to render said premises wholly uninhabitable, and if such damage shall be so great that a competent architect, in good standing in the Leased Premises untenantable Boulder County of Colorado, selected by the Landlord shall certify in whole or in part, the rental provided for herein shall xxxxx thereafter as writing to the portion Landlord and the Tenant that said premises, with the exercise of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to the date of damagereasonable diligence, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as of the date of damage (or those portions of the Leased Premises that were cannot building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty fit for occupancy within ninety (6090) days after such damage or destruction)from the happening thereof, then this lease shall cease and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office 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 reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (9) months or more terminate from the date of the casualtyoccurrence of such damage; and the Tenant thereupon shall surrender to the Landlord said premises and all interest therein hereunder, thenand the Landlord may reenter and take possession of said premises and remove the Tenant therefrom. The Tenant shall pay rent, in either such eventduly apportioned, all Rent owed up to the time of such destruction termination of this lease. If however, the damage shall be paid such that such an architect so shall certify that the said demised premises can be made habitable within such number of days from the happening of such damage by fire or other catastrophe, than the Landlord shall repair the damage so done with all reasonable speed, and the rent shall be abated only for the period during which the Tenant shall be deprived of the use of said premises by reason of such damage and thenceforth this Lease shallthe repair thereof. If said demised premises, at without the fault of the Tenant, shall be slightly damaged by fire or other catastrophe but not so as to render the same uninhabitable, the Landlord’s sole option (, after receiving notice in writing of the occurrence of the injury, shall cause the same to be exercised repaired with reasonable promptness; but in such event, there shall be no abatement of the rent. In case the building throughout be so injured or damaged, whether by written notice thereof to Tenant), cease and come to an end. fire or otherwise (though said demised premises may not be affected) that the Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any the happening of such damage injury, shall decide to reconstruct, rebuild, or destruction xxxx said building, and shall enter into a bona fide, legal and binding contract therefor, then upon thirty (“Landlord’s Casualty Notice”). Notwithstanding anything contained 30) days notice in this Section 6.3, in writing to that effect given by the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of Tenant, this Section 6.3, lease shall cease and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more terminate from the date of the casualtyoccurrence of said damage, then all Rent owed and the Tenant shall pay rent, properly apportioned, up to the time of such destruction date, and both parties hereto shall be paid by Tenant free and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt discharged of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord further obligations hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effect.

FIRE CLAUSE. (a) In This Lease is made on condition that, if the event of a fire premises, or other casualty in the Leased Premisesany part thereof, Tenant shall immediately give notice thereof to Landlord. If the Leased Premises shall be partially destroyed or damaged by fire or other casualty covered by a Standard Fire and Extended Coverage Policy, so as to render the Leased Premises untenantable in whole or in partsaid premises unfit for use and occupancy, the rental provided for herein shall xxxxx thereafter as to the portion a proportionate part of the Leased Premises rendered untenantable rent shall be suspended and abated until such said premises shall have been put in as good condition for use and occupancy as at the time as Landlord restores the Office Building and/or Leased Premises to substantially the same condition as existed immediately prior to the date of damage, and Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as of the date of damage (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standarddestruction, which election or until this Lease shall be made by Tenant no later than sixty canceled and terminated as next hereinafter provided, as the case may be. It shall be the duty of the Lessor to determine and to notify the Lessee, in writing, within forty five (6045) days after such damage or destruction), and Tenant shallthe date by which the premises can be fully restored with reasonable diligence. II the date by which such restoration can be completed, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, as stated in the event such destruction Lessor's notice, shall be later, than six (i) results in total or substantial damages to or destruction of the Office 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 reputable independent contractor selected by Landlord (the “Estimation”) as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (96) months after such damage or more from destruction, then either party hereto shall have the date of the casualtyright, then, in either such event, all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and come to an end. Landlord shall give written notice of Landlord’s decisions, estimates or elections under this Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction shall be paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following after receipt of such estimation)notice from the Lessor, cease to cancel and come terminate this Lease, by giving to an end. Notwithstanding anything contained the other party a written notice of his desire so to cancel and terminate; but if this Lease shall not be so canceled, it shall remain in full force and effect and the Lessee shall reoccupy the premises when fully restore([ However, if the date by which such restoration can be completed, as stated in the Lessor's notice, shall be earlier than six (6) months after such damage or destruction, this Section 6.3Lease shall remain in full force and effect, (x) in no event and the Lessee shall Landlord be required to expend reoccupy the proceeds of any insurance carried by Landlord premises when fully restored, provided, however, that are required by if, at the holder expiration of a lien on period of six (6) months following such damage or destruction, the Building premises shall not have been fully restored as a result of some cause beyond the Lessor's control, the Lessor shall have the right to be applied complete such restoration, provided he shall use reasonable diligence in so doing, without thereby affording to the payment Lessee the right to cancel this Lease. In case of damage or destruction of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to premises by an uninsured casualty, or if the estimated cost of repair or restore Tenant’s property or any alterations or improvements restoration shall exceed Lessor's insurance recovery, the Lessor, at its option, may cancel and terminate this Lease by giving the Lessee a written notice to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect this effect within forty five (which election shall be made by Tenant no later than sixty (6045) days after such damage or destruction) for Landlord , but if the Lessor shall not so elect to cause terminate, all or portions of the Leased Premises that were not building standard improvements prior provisions hereinbefore contained respecting an insured casualty shall be equally applicable to such damage or destruction to be restored to a building standard condition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, if any, (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall restore the Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration of a particular above building standard leasehold improvement to the extent that Landlord has restored the building standard leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to terminate the Lease pursuant to the terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (each such period to be subject, however, to extension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the non-insured casualty) and one day for each day of Tenant’s Delay), Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Term shall continue in full force and effect.