Common use of FIRE CLAUSE Clause in Contracts

FIRE CLAUSE. In the event of partial destruction of the Premises during the term of this Lease, from any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintain, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days from the date of such partial destruction, under the then applicable laws, rules and regulations of federal, state and local authorities and in light of the 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 entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and 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 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. In the event of partial destruction of 18.1. If the Premises during shall be damaged by fire or other casualty insured against by Landlord's fire and extended coverage insurance policy covering the term of this LeaseBuilding, from any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintain, Lessor shall forthwith repair the same, provided such repairs Premises can be made fully repaired, in Landlord's opinion, within one hundred and eighty (180) days from the date of such partial destructiondamage, under the then applicable lawsLandlord, rules and regulations of federalat Landlord's expense, state and local authorities and in light of the extent of shall repair such damage; provided, however, Landlord shall have no obligation: (a) to repair any damage and the then condition of the labor market and availability of materials and suppliesto, but such partial destruction shall in no way annul or void this Leaseto replace, except that Lessee shall be entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this LeaseTenant Work, such reduction to be based upon the extent to which the damages and destruction and the making of such repairs shall interfere with the business carried on by Lessee alterations, standard tenant improvements or any other property located in the Premises. If Lessor need not make such repairs, but nevertheless elects within one hundred eighty ; (180b) days to make the same, this Lease 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 if such 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 year of the term Lease Term (excluding any renewal option which is unexercised at the date of such damage); or (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 Premises which is unusable by Tenant. No compensation or rent deduction shall be made for inconvenience, annoyance or injury to business. If, however, the Premises are rendered wholly untenantable by fire or other cause as determined by the Fire Xxxxxxxx for Xxxx Arundel County, Maryland or such other duly authorized governmental individual or entity having jurisdiction over said matters, and Landlord shall decide not to rebuild the same, or if the entire Building be so damaged that Landlord shall decide to demolish it or not to rebuild it, then or in any of such events, Landlord may, at its option, cancel and terminate this Lease by giving Tenant notice in writing, within sixty (60) days of the occurrence of the event causing the damage, of its intention to cancel this Lease, nor whereupon the Lease Term shall Lessor terminate upon the thirtieth (30th) day after such notice is given and Tenant shall vacate the Premises and surrender the same to Landlord. In no event shall Landlord be required liable to make expenditures greater than Tenant except to the actual amount of extent provided in this Article 18, and without limiting the foregoing, Landlord shall not be responsible for consequential damages, lost profits or any insurance recoverydamage to Tenant's personal property.

FIRE CLAUSE. In the event of partial destruction a fire or other casualty in the Leased Premises, Lessee shall immediately give notice thereof to Lessor. If at least twenty-five percent (25%) of the Leased Premises during or the term of this Lease, from any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintainBuilding is destroyed by fire or other casualty, Lessor shall forthwith have the right to terminate this Lease or to repair the sameLeased Premises with reasonable dispatch, provided such repairs subject to delays resulting from adjustment of the loss and any other cause beyond Lessor's reasonable control; provided, Lessor shall not be required to repair or replace any furniture, furnishings or other personal property which Lessee may be entitled to remove from the Leased Premises or any installations in excess of Building standard. Lessor shall provide written notice to Lessee within thirty (30) days after the date of any casualty as to Lessor's election to terminate or repair. The notice shall provide Lessor's reasonable estimate as to whether the repair or restoration can be made completed within one hundred eighty ninety (18090) days after the date of such notice. In the event Lessor's notice provides that repair or restoration will take more than ninety (90) days from the date of such partial destructionnotice, under Lessee shall have the then applicable laws, rules and regulations of federal, state and local authorities and in light of the 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 right to terminate this Lease, except provided that Lessee must deliver written notice of its election to terminate within ten (10) days after receipt of Lessor's notice thereof. If Lessee fails to deliver such notice in the time period specified above, Lessee shall be entitled deemed to have waived its right to terminate. Until Lessor's repairs are completed the Rent shall be abated in proportion to the portions of the Leased Premises, if any, which are untenantable or unsuited for the conduct of Lessee's business, and Lessor will use reasonable efforts to assist Lessee in securing a temporary space in the event Lessee is forced to relocate from the Building during the time Lessor completes its repairs to the Building. Notwithstanding anything contained in this Section, Lessor shall only be obligated to restore or rebuild the Leased Premises to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages Building standard condition and 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 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 expend more funds than the actual amount received by Lessor from the proceeds of any insurance recoverycarried by Lessor. Further notwithstanding, in the event the Building is untenantable as defined as condemned by the City of Raleigh, North Carolina, either party may terminate this Lease.

FIRE CLAUSE. In the event of partial destruction a fire or other casualty in the Premises, Lessee shall immediately give notice thereof to Lessor. If the 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 Premises untenantable in whole or in part, the rental provided for herein shall xxxxx thereafter as to the portion of the Premises during rendered untenantable until such time as the term of this LeasePremises are made tenantable as determined by Lessor and Lessor shall, from any cause insured under a Standard Form Fire and Extended Coverage policy upon receipt of insurance which proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor agrees to maintain, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days from the date of such partial destruction, under the then applicable laws, rules and regulations of federal, state and local authorities and in light of the 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 entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and destruction and the making of such repairs shall interfere with the business carried on by Lessee six (6) months or longer after Lessor's insurance settlement, or 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 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 event of such repairs has not occurred within one hundred eighty (180) days total or been completed within one year. In the event that Lessor does not elect to make such repairs, substantial damage or such repairs cannot be made, this Lease may be terminated at the option of either party. A total destruction of the Building shallfrom any cause and if Lessor shall decide not to rebuild, at then all rent owed up to the option either time of Lessor such destruction or Lessee, terminate termination shall be paid by Lessee and thenceforth this LeaseLease shall cease and terminate. Lessor shall not give Lessee written notice of its decisions, estimates or elections under this Paragraph 5, Lessor shall only be required obligated to repair any injury restore 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 rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall 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 excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary contained in this Section or this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor shall not have any obligation to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under may terminate this Lease occurs during the last twelve (12) months on written notice to Lessee, whereupon all further rights and obligations of the term of this Lease, nor each party shall Lessor be required to make expenditures greater than the actual amount of any insurance recoveryterminate.

FIRE CLAUSE. In the event of partial destruction of 16.1. If the Premises during shall be damaged by fire or other casualty insured against by Landlord's fire and extended coverage insurance policy covering the term of this LeaseBuilding, from any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintain, Lessor shall forthwith repair the same, provided such repairs Premises can be made fully repaired, in Landlord's opinion, within one hundred and eighty (180) days from the date of such partial destructiondamage, under the then applicable lawsLandlord, rules and regulations of federalat Landlord's expense, state and local authorities and in light of the extent of shall repair such damage; provided, however, Landlord shall have no obligation: (a) to repair any damage and the then condition of the labor market and availability of materials and suppliesto, but such partial destruction shall in no way annul or void this Leaseto replace, except that Lessee shall be entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and destruction and the making of such repairs shall interfere with the business carried on by Lessee Tenant's non-Preoccupancy Tenant Work standard tenant improvements or any other property located in the Premises. If Lessor need not make such repairs, but nevertheless elects within one hundred eighty ; (180b) days to make the same, this Lease 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 if such 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 year of the lease term (12excluding any renewal option which is unexercised at the date of such damage); or (c) months 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 Premises which is unusable by Tenant. No compensation or rent deduction shall be made for inconvenience, annoyance or injury to business. If, however, the Premises are rendered wholly untenantable by fire or other cause as determined by the Fire Xxxxxxxx for Xxxx Arundel County, Maryland or such other duly authorized governmental individual or entity having jurisdiction over said matters, and Landlord shall decide not to rebuild the same, or if the entire Building be so damaged that Landlord shall decide to demolish it or not to rebuild it, then or in any of such events, Landlord may, at its option, cancel and terminate this Lease by giving Tenant notice in writing, within sixty (60) days of the occurrence of the event causing the damage, of its intention to cancel this Lease, whereupon the term of this LeaseLease shall terminate upon the thirtieth (30th) day after such notice is given and Tenant shall vacate the Premises and surrender the same to Landlord. In no event shall Landlord be liable to Tenant except to the extent provided in this Article 16, nor and without limiting the foregoing, Landlord shall Lessor not be required responsible for consequential damages, lost profits or any damage to make expenditures greater than the actual amount of any insurance recoveryTenant's personal property.

FIRE CLAUSE. In the event of partial destruction a fire or other casualty in the Leased Premises, Tenant shall immediately give notice thereof to Landlord. If the Leased Premises or any portion of the Premises during Building is destroyed by fire or other casualty, Landlord shall have the term of right to terminate this Lease, from any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees Lease or to maintain, Lessor shall forthwith repair the sameLeased Premises with reasonable dispatch, provided 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 replace any furniture, furnishings or other personal property which Tenant may be entitled to remove from the Leased Premises or any installations in excess of Building standard, unless such repairs were part of the Upfit (as defined in Exhibit C). Landlord shall provide written --------- notice to Tenant within thirty (30) days after the date of any casualty as to Landlord's election to terminate or repair. The notice shall provide Landlord's reasonable estimate as to whether the repair and restoration can be made completed within one hundred eighty (180) days from after the date of such partial destruction, under notice. In the then applicable laws, rules and regulations of federal, state and local authorities and in light of the 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 event Landlord's notice provides that repair or void this Lease, except that Lessee shall be entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and 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 restoration will take more than one hundred eighty (180) days to make after the same, this Lease 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 date of such repairs has not occurred within one hundred eighty (180) days or been completed within one year. In notice, Tenant shall have the event that Lessor does not elect right 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, provided that Tenant must deliver written notice of its election to terminate within ten (10) days after receipt of Landlord's notice thereof. Lessor If Tenant fails to deliver such notice in the 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 the Leased Premises, if any, which are untenantable or unsuited for the conduct of Tenant's business. Notwithstanding anything contained in this Section, Landlord shall only be obligated to restore or rebuild the Leased Premises to the condition that existed immediately prior to the casualty, and Landlord 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 expend more funds than the actual amount received by Landlord from the proceeds of any insurance recoverycarried by Landlord, provided Landlord maintains insurance coverage in accordance with this Lease.

FIRE CLAUSE. In If the event of partial destruction of the Premises improvements on said Leased Premises, during the term terms of this LeaseLease should be seriously damaged by fire, from explosion, windstorm or in any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintainother manner, so that said improvements may become untenantable, Lessor shall forthwith repair have the same, provided such repairs can be made option within one hundred eighty twenty (18020) days from the date of such partial destruction, under the then applicable laws, rules and regulations of federal, state and local authorities and in light of the 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 entitled thereafter either to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and 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, cancel this Lease shall continue in full force and effector to begin repairing or restoring the improvements to their former condition, and the minimum monthly rental amount shall be proportionately reduced in accordance with the immediately preceding sentence. Lessee as nearly as may terminate this Lease be; 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 elects 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 improvements, the duration of time when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months premises are untenantable shall be applied as a reduction of the term of this 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 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 no abatement of the rent on account thereof. If the building is too badly damaged to repair the same or if Lessor elects not to restore it to a tenantable condition, the Lease shall terminate as of the date of destruction of said Premises, and the unmatured rent herein set forth shall be, canceled, and any unearned prepaid rental, if any, 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 less than six (6) months remaining on the term of the Lease, nor shall Lessee may terminate the Lease by so notifying Lessor be required to make expenditures greater than the actual amount of any insurance recoveryin writing within ten (10) days after said damage.

FIRE CLAUSE. (a) In the event of partial 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 during being untenantable in whole or in substantial part and the term reasonable estimation of this Lease, from any cause insured under a Standard Form Fire 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 Extended Coverage policy all other portions of insurance which Lessor agrees to maintain, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty Office Building is nine (1809) days months or more from the date of the casualty, then, in either such partial destructionevent, 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 then applicable lawsevent such destruction results in the Leased Premises being untenantable in whole or in substantial part, rules Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3, and regulations the reasonable estimation of federal, state and local authorities and in light 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 extent 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 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 entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and 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 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. In If the event demised premises or said building, shall be so damaged by fire or other 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 Boulder County of partial destruction Colorado, selected by the Landlord shall certify in writing to the Landlord and the Tenant that said premises, with the exercise of the Premises during the term of this Leasereasonable diligence, from any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintain, Lessor shall forthwith repair the same, provided such repairs can cannot be made fit for occupancy within one hundred eighty ninety (18090) days from the happening thereof, then this lease shall cease and terminate from the date of the occurrence of such partial destructiondamage; and the Tenant thereupon shall surrender to the Landlord said premises and all interest therein hereunder, under and the then applicable lawsLandlord may reenter and take possession of said premises and remove the Tenant therefrom. The Tenant shall pay rent, rules duly apportioned, up to the time of such termination of this lease. If however, the damage shall be 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 regulations of federal, state and local authorities and in light the rent shall be abated only for the period during which the Tenant shall be deprived of the extent use of said premises by reason of such damage and the then condition repair thereof. If said demised premises, without the fault of the labor market and availability of materials and suppliesTenant, but such partial destruction shall in no way annul or void this Lease, except that Lessee shall be entitled slightly damaged by fire or other catastrophe but not so as to a proportionate reduction render the same uninhabitable, the Landlord, after receiving notice in writing of the minimum monthly rental amount owed by Lessee pursuant to this Leaseoccurrence of the injury, such reduction shall cause the same to be based upon repaired with reasonable promptness; but in such event, there shall be no abatement of the extent to which rent. In case the damages and destruction and building throughout be so injured or damaged, whether by fire or otherwise (though said demised premises may not be affected) that the making Landlord within sixty (60) days after the happening of such repairs injury, shall interfere with the business carried on by Lessee in the Premises. If Lessor need not make such repairsdecide to reconstruct, but nevertheless elects within one hundred eighty rebuild, or xxxx said building, and shall enter into a bona fide, legal and binding contract therefor, then upon thirty (18030) days notice in writing to make that effect given by the sameLandlord to the Tenant, this Lease lease shall continue in full force cease and effectterminate from the date of the occurrence of said damage, and the minimum monthly rental amount Tenant shall pay rent, properly apportioned, up to such date, and both parties hereto shall be proportionately reduced in accordance with the immediately preceding sentence. Lessee may terminate this Lease if commencement free and discharged 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 recoveryall further obligations hereunder.

FIRE CLAUSE. In If said Premises or any part thereof shall be slightly damaged by fire or catastrophic casualty, but not to the event extent that the Lessee is deprived of partial destruction 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. If said Premises shall be damaged to the extent that the Lessee is deprived of any use thereof by reason of such damage, and such Premises shall be capable of being repaired within a reasonable time, the Lessor shall 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 Premises during rent according to the term of this Lease, from any cause insured under a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintain, Lessor extent that the Lessee shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days from the date of such partial destruction, under the then applicable laws, rules and regulations of federal, state and local authorities and in light deprived of the extent use of said Premises by reason 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 entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and destruction and the making of fire. If such repairs shall interfere with the business carried on by Lessee in the Premises. If Lessor need not make such repairs, but nevertheless elects be commenced within one hundred eighty thirty (18030) days to make after the sameoccurrence of such damage, this Lease shall continue in full force and effect, and then the minimum monthly rental amount shall be proportionately reduced in accordance with the immediately preceding sentence. Lessee at its option 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 by written notice to the event that Lessor does not elect to make such repairsLessor, or such repairs canwhereupon Lessee shall surrender the Premises and shall not be madeliable for any further rental, and Lessor shall refund unearned rent paid by Lessee calculated at a daily rate based on the 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 terminated at the option of by either party. A total destruction of , upon ten days' written notice to the Building shallother, at whereupon Lessee shall surrender the option either of Lessor or Lessee, terminate this Lease. Lessor Premises and shall not be required liable for any further rental, and Lessor shall refund any unearned rent paid by Lessee calculated at a daily rate based on the rental for the whole term. Provided, however, that if damage to repair any injury or damage by the Premises from fire or any other cause, casualty results in whole or to make any repairs in part from the negligence or replacements of any personal property, furnishings, fixtures, equipment, improvements, contents or other property contained or installed in the Premises intentional act of Lessee. Notwithstanding anything , its agents, employees or invitees, then Lessee shall not be entitled to the contrary contained in this Section any rent abatement or any early termination for this Lease, Lessor Lessee shall not have any obligation to repair, reconstruct or restore pay the Premises when full rent for the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months of the full remaining term of this Lease and perform its other duties under this Lease, nor shall Lessor be required to make expenditures greater than the actual amount of any insurance recovery.

FIRE CLAUSE. In This Lease is made on condition that, if the event of partial destruction of the Premises during the term of this Leasepremises, from or any cause insured under part thereof, be destroyed or damaged by fire or other casualty covered by a Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees Policy, so as to maintainrender said premises unfit for use and occupancy, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days from the date of such partial destruction, under the then applicable laws, rules and regulations of federal, state and local authorities and in light a proportionate part of the extent rent shall be suspended and abated until said premises shall have been put in as good condition for use and occupancy as at the time of such damage or destruction, or until this Lease shall be canceled and terminated as next hereinafter provided, as the then condition case may be. It shall be the duty of the labor market Lessor to determine and availability to notify the Lessee, in writing, within forty five (45) days after such damage or destruction, the date by which the premises can be fully restored with reasonable diligence. II the date by which such restoration can be completed, as stated in the Lessor's notice, shall be later, than six (6) months after such damage or destruction, then either party hereto shall have the right, to be exercised within thirty (30) days after receipt of materials such notice from the Lessor, to cancel and supplies, but such partial destruction shall in no way annul or void terminate this Lease, except that by giving to 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 entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Leasecompleted, such reduction to be based upon the extent to which the damages and destruction and the making of such repairs shall interfere with the business carried on by Lessee as stated in the Premises. If Lessor need not make Lessor's notice, shall be earlier than six (6) months after such repairs, but nevertheless elects within one hundred eighty (180) days to make the samedamage or destruction, this Lease shall continue remain in full force and effect, and the minimum monthly rental amount Lessee shall be proportionately reduced reoccupy the premises when fully restored, provided, however, that if, at the expiration of a period of six (6) months following such damage or destruction, the 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 complete such restoration, provided he shall use reasonable diligence in accordance with so doing, without thereby affording to the immediately preceding sentenceLessee the right to cancel this Lease. Lessee In case of damage or destruction of the premises by an uninsured casualty, or if the estimated cost of repair or restoration shall exceed Lessor's insurance recovery, the Lessor, at its option, may cancel and terminate this Lease if commencement of such repairs has not occurred by giving the Lessee a written notice to this effect within one hundred eighty forty five (18045) days after such damage or been completed within one year. In destruction, but if 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 so elect to repair any injury or damage by fire or any other causeterminate, 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 all of the term of this Lease, nor provisions hereinbefore contained respecting an insured casualty shall Lessor be required equally applicable to make expenditures greater than the actual amount of any insurance recoverysuch non-insured casualty.