Common use of Fire, Explosion or Other Casualty Clause in Contracts

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged by fire, explosion or any other casualty to an extent which is less than Fifty Percent (50%) of the cost of replacement of the Leased Premises, the damage shall promptly be repaired by Landlord at Landlord’s expense, provided that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to repair or replace Tenant’s stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (i) Landlord is not required to repair as hereinabove provided, or (ii) the Leased Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (iii) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent (25%) or more of replacement, or (iv) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Leased Premises or the building or buildings, or to terminate this Lease upon giving notice of such election in writing to Tenant within ninety (90) days after the occurrence of the event causing the damage. If the casualty, repairing or rebuilding shall render the Leased Premises untenable, in whole or in part, and the damage shall not have been due to the act or omission of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of (i) sixty (60) days or (ii) the date Tenant reopens for business, however, Tenant shall pay all Additional Rent charges beginning on the date Landlord completes its works, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenable bears to the floor space of the Leased Premises. In the event the Leased Premises shall be damaged or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365) days after the date of the damage or destruction, unless said repair is held up by Tenant, or in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destruction, or in the event of any material damage or destruction to the Leased Premises during the last year of the Lease Term, then, in such event, Tenant shall have the right to terminate this Lease upon written notice to Landlord.

Fire, Explosion or Other Casualty. In the event the Leased Premises or means of access or the supply of essential utilities or other service systems to the Premises within the Project are damaged by fire, explosion or any other casualty to an extent which is less than Fifty Percent (50%) of the cost of replacement of the Leased Premisescasualty, the damage damage, except as is otherwise provided in this Article XVI, shall promptly be repaired by Landlord at Landlord’s 's expense, provided that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, damage and that in no event shall Landlord be required to repair or replace Tenant’s stock in trademerchandise, trade fixtures, furniture, furnishings, equipment, personal property, wall and floor coverings and equipment. In the event of any such damage drapes and (i) Landlord is not required to repair as hereinabove provided, window coverings or (ii) the Leased Premises shall be damaged to the extent of Fifty Percent (50%) or more of the cost of replacement, or (iii) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent (25%) or more of replacement, or (iv) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild the Leased Premises or the building or buildings, or to terminate this Lease upon giving notice of such election in writing to Tenant within ninety (90) days after the occurrence of the event causing the damageplate glass. If the casualty, repairing or rebuilding shall render the Leased Premises untenableuntenantable (whether as a result of damage within the Premises or deprivation of reasonable access or the supply of essential utilities or other service systems to the Premises), in whole or in part, and the damage shall not have been due to the act or omission of Tenant, a proportionate abatement of the Fixed Minimum Base Rent and all Additional Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus which is the earlier to occur of (i) sixty (60) days Tenant's opening for business or (ii) the date Tenant reopens for business, however, Tenant shall pay all Additional Rent charges beginning on which is one hundred twenty (120) days after the date Landlord completes its workswork, pursuant to this Article XVI, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenable untenantable bears to the floor space square footage of the Leased Premises. Nothing in the immediately preceding sentence shall be construed to permit the abatement in whole or in part of the Percentage Rent, however, the computation of Percentage Rent shall be based upon the revised Base Rent as the same may be abated pursuant to this Section 16. 1. In the event the Leased Premises shall be damaged rebuilding or destroyed repair of the Premises, the Retail Area of the Project, and the same are Common Areas or access or the supply of essential utilities or other service systems thereto have not repaired or rebuilt by Landlord been substantially completed to their condition prior to such damage within three a two hundred sixty-five forty (365240) days after day period from the date of the damage or destructionoccurrence of such damage, unless Tenant may elect to terminate this Lease upon sixty (60) days prior written notice to Landlord, said notice to be served within thirty (30) days of the expiration of the two hundred forty (240) day period described above. Notwithstanding the obligations of Landlord to repair as contemplated in this Section 16.1 to the contrary, it is held up by Tenant, or agreed that in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destructionany such damage, fire, explosion, or in the event of any material damage or destruction to the Leased Premises other casualty shall occur during the last year of two Lease Years and as a result thereof, Tenant is unable to conduct its business from the Lease TermPremises, then, and in such event, Tenant either party shall have the right to terminate this Lease upon by notifying the other party, in writing, of its intention to do so, no later than the 90th day after the occurrence of such damage, fire, explosion or other casualty. In the event Landlord has elected to terminate this Lease pursuant to the preceding sentence, and either Option 1 or Option 2 has not, as of such time been exercised, Tenant shall have the right by written notice Notice to Landlord, within 30 days after receipt of Landlord's termination notice, to reinstate this Lease by exercising the applicable option, in which event the Lease shall be reinstated.

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged by fire, explosion or any other casualty to an extent which is less than Fifty Percent (50%) of the cost of replacement of the Leased Premisescasualty, then except as provided in Section 8.2 or below in this Section 8.1, the damage shall promptly be repaired by Landlord at Landlord’s expenseTenant, provided that Landlord shall not said repairs to be obligated substantially completed within 270 days after the casualty causing damage has occurred, subject to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to repair or replace force majeure events beyond Tenant’s stock in trade, fixtures, furniture, furnishings, floor coverings and equipment's reasonable control. In the event of any such damage and (i) Landlord is not required to repair as hereinabove provided, or (ii) the Leased Premises shall be damaged or destroyed to the extent of Fifty Percent seventy-five percent (5075%) or more of the cost total square footage of replacementall Buildings and other improvements on the Premises (hereinafter, or a "Casualty") and such Casualty shall occur after the first five (iii5) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent (25%) or more of replacement, or (iv) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent (25%) Lease Years of the aggregate cost Term of replacementthe Lease, Landlord then and in such event Tenant may elect by written notice to Landlord delivered within thirty (30) days after such Casualty either to repair or rebuild the Leased Premises or the building or buildingsPremises, as aforesaid, or to terminate this Lease, effective as of the date Tenant's notice is delivered to Landlord. If Tenant elects to terminate the Lease upon giving notice pursuant to this Section 8.1, then Tenant shall direct its insurance company(s) to deliver directly to Landlord all insurance proceeds to be paid for or in connection with said Casualty; provided, in no event shall the amount of such election in writing insurance proceeds payable to Tenant within ninety (90) days after Landlord be less than the occurrence full replacement value of the event causing the damageall such improvements which have been so damaged or destroyed, as reasonably determined by Landlord's insurance adjuster. If the casualty, repairing or rebuilding shall render insurance proceeds are less than the Leased Premises untenable, in whole or in part, and the damage shall not have been due to the act or omission of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of (i) sixty (60) days or (ii) the date Tenant reopens for business, howeverfull replacement value as aforesaid, Tenant shall pay all Additional Rent charges beginning on such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within the date Landlord completes its works, said proportion 30-day period reference above. Tenant shall be deemed to be computed on have elected to repair or rebuild the basis of Premises and the relation which the gross square foot area of the space rendered untenable bears Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the floor space preceding paragraph, then Tenant shall restore and repair the Buildings and other improvements in an expeditious manner. If Tenant purchases, at its sole option, rent insurance to compensate Landlord for any lost rents as a result of the Leased Premises. In the event the Leased Premises shall be damaged or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365) days after the date of the damage or destruction, unless said repair is held up by Tenant, or in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destruction, or in the event of any material damage or destruction to the Leased Premises, then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises during in a fair and equitable fashion according to the last year proportion of the Lease TermPremises that cannot reasonably be utilized by tenant, thenprovided that the amount of such abatement shall not exceed the rent insurance proceeds actually received by Landlord with respect thereto. Notwithstanding the provisions of the Section 8.1, in such event, Tenant tenant shall have be the right owner of its trade fixtures and shall be entitled to terminate this Lease upon written notice any insurance proceeds attributable to Landlordsaid trade fixtures.

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged by fire, explosion or any other casualty to an extent which is less than Fifty Percent fifty percent (50%) of the cost of replacement of the Leased Premises, the damage damage, except as provided in Section 13.02, shall promptly be repaired by Landlord LANDLORD at Landlord’s LANDLORD’S expense, provided that Landlord LANDLORD shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord LANDLORD be required to repair or replace Tenant’s release TENANT’S stock in tradeinventory, trade fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (ia) Landlord LANDLORD is not required to repair as hereinabove provided, or (iib) the Leased Premises shall be damaged to the extent of Fifty Percent fifty percent (50%) or more of the cost of replacement, or (iiic) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent twenty-five percent (25%) or more of the cost of replacement, or (ivd) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent twenty-five percent (25%) or more of the aggregate cost of replacement, Landlord LANDLORD may elect either to repair or rebuild the Leased Premises or the building or buildings, or to terminate this Lease upon giving notice of such election in writing to Tenant TENANT within ninety (90) days after the occurrence of the event causing the damage. If the casualty, repairing repairing, or rebuilding shall render the Leased Premises untenableuntenantable, in whole or in part, and the damage shall not have been due to the act default or omission neglect of TenantTENANT, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord LANDLORD completes its work, plus the earlier of (i) sixty (60) days or (ii) the date Tenant reopens for business, however, Tenant shall pay all Additional Rent charges beginning on the date Landlord completes its works, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenable untenantable bears to the floor space area of the Leased Premises. In the event the Leased Premises Nothing in this Section shall be damaged construed to permit the abatement in whole or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365) days after the date in part of the damage or destruction, unless said repair is held up by Tenant, or in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destruction, or in the event of any material damage or destruction to the Leased Premises during the last year of the Lease Term, then, in such event, Tenant shall have the right to terminate this Lease upon written notice to LandlordPercentage Rent.

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged by fire, explosion or any other casualty to an extent which is less than Fifty Percent (50%) of the cost of replacement of the Leased Premisescasualty, except as otherwise provided herein, the damage shall promptly be repaired by Landlord at Landlord’s expenseTenant, provided that Landlord shall not said repairs to be obligated substantially completed within two hundred seventy (270) days after the casualty causing damage has occurred, subject to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to repair or replace force majeure events beyond Tenant’s stock in trade, fixtures, furniture, furnishings, floor coverings and equipment's reasonable control. In the event of any such damage and (i) Landlord is not required to repair as hereinabove provided, or (ii) the Leased Premises shall be damaged or destroyed to the extent of Fifty Percent fifty percent (50%) or more of the cost total square footage of replacementall Buildings and other improvements on the Premises (hereinafter, or (iii) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent (25%) or more of replacement"Casualty"), or (iv) the buildings (taken then and in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent (25%) of the aggregate cost of replacementsuch event, Landlord Tenant may elect by written notice to Landlord delivered within thirty (30) days after such a Casualty either to repair or rebuild the Leased Premises or the building or buildingsPremises, as aforesaid, or to terminate this Lease, effective as of the date specified in Tenant's notice. If Tenant elects to terminate the Lease upon giving notice pursuant to this Section 8.1, then Tenant shall direct its insurance company(s) to deliver directly to Landlord all insurance proceeds to be paid for or in connection with said Casualty; provided, in no event shall the amount of such election in writing insurance proceeds payable to Tenant within ninety (90) days after Landlord be less than the occurrence full replacement value of the event causing the damageall such improvements which have been so damaged or destroyed, as reasonably determined by Landlord's insurance adjuster. If the casualty, repairing or rebuilding shall render insurance proceeds are less than the Leased Premises untenable, in whole or in part, and the damage shall not have been due to the act or omission of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of (i) sixty (60) days or (ii) the date Tenant reopens for business, howeverfull replacement value as aforesaid, Tenant shall pay all Additional Rent charges beginning on such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within the date Landlord completes its worksthirty (30) day period referenced above, said proportion Tenant shall be deemed to be computed on have elected to repair or rebuild the basis of Premises and the relation which the gross square foot area of the space rendered untenable bears Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the floor space preceding paragraph, then Tenant shall restore and repair the Buildings and other improvements in an expeditious manner. If Tenant purchases, at its sole option, rent insurance to compensate Landlord for any lost rents as a result of the Leased Premises. In the event the Leased Premises shall be damaged or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365) days after the date of the damage or destruction, unless said repair is held up by Tenant, or in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destruction, or in the event of any material damage or destruction to the Leased Premises, then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises during in a fair and equitable fashion according to the last year proportion of the Lease TermPremises that cannot reasonably be utilized by Tenant, then, in provided that the amount of such eventabatement shall not exceed the rent insurance proceeds actually received by Landlord with respect thereto. Notwithstanding the provisions of this Section 8.1, Tenant shall have be the right owner of its trade fixtures and shall be entitled to terminate this Lease upon written notice any insurance proceeds attributable to Landlordsaid trade fixtures.

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged by fire, explosion or any other casualty and this Lease is not terminated as hereafter provided, then, subject to an extent which is less than Fifty Percent (50%) the other provisions of the cost of replacement of the Leased Premisesthis Lease, the damage shall promptly be diligently repaired by Landlord at Landlord’s expense; provided, provided that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damagehowever, and that in no event shall Landlord be required to repair or replace Tenant’s stock in tradestock, fixtures, furniture, furnishings, floor coverings and equipmentcoverings, equipment or the like, or alterations or additions to the Leased Premises made by Tenant. In the event of any such damage and (ia) Landlord is not required to repair as hereinabove provided, or (ii) if the Leased Premises shall be damaged to the extent of Fifty Percent fifty percent (50%) or more of the cost of replacement, or (iiib) if the building of which the Leased Premises are a part Building is damaged to the extent of Twenty Five Percent twenty-five percent (25%) or more of the cost of replacement, or (ivc) if the buildings (taken in the aggregate) in the Shopping Center casualty shall be damaged to the extent of more than Twenty Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild render the Leased Premises or untenantable and the building or buildingsdamage cannot in Landlord’s judgment be repaired within sixty (60) days after the happening thereof, or to then Landlord may terminate this Lease upon giving by written notice of to Tenant. If any such election in writing to Tenant damage cannot be repaired within ninety one hundred eighty (90180) days after the occurrence of the event causing the damage. If the casualtythereof, repairing or rebuilding then Landlord shall render the Leased Premises untenable, in whole or in part, and the damage shall not have been due to the act or omission of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of (i) so notify Tenant within sixty (60) days or (ii) after the date Tenant reopens for business, however, Tenant shall pay all Additional Rent charges beginning on the date Landlord completes its works, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenable bears occurrence thereof and either party may terminate this Lease by written notice to the floor space of the Leased Premisesother given if at all within ten (10) days thereafter. In the event of any such termination, all obligations of the parties accruing after such termination, including the obligation to pay rent and other charges, shall cease upon delivery of such notice. The cost of replacement for purposes hereof shall be determined by a licensed architect selected by Landlord. If the repair of the Leased Premises shall be damaged or destroyed and the same are is not repaired or rebuilt by Landlord substantially completed within three a period of one hundred sixty-five eighty (365180) days after the date of the occurrence of such damage or destruction, unless said repair is held up (as extended by Tenant, or in the event that Thirty Percent (30%) or more delays of the Gross Leasable Area of nature described in Section 18.7) then Landlord or Tenant may terminate this Lease by written notice to the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt other party given within four hundred fifty-five (4555) days after the date expiration of damage or destruction, or in the event of any material damage or destruction to such one hundred eighty (180) day period. If such casualty shall render the Leased Premises during or any portion thereof untenantable, then the last year Base Rent and Additional Rent shall be abated as hereinafter set forth. Any abatement or rent hereunder shall be on a per diem basis in an amount bearing the same ratio to such rent for the period of untenantability as the untenantable portion of the Lease Term, then, in such event, Tenant shall have Leased Premises bears to the right to terminate this Lease upon written notice to Landlordentire Leased Premises.

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged by fire, explosion or any other casualty to an extent which is less than Fifty Percent (50%) of the cost of replacement of the Leased Premisescasualty, except as otherwise provided herein, the damage shall promptly be repaired by Landlord at Landlord’s expenseTenant, provided that Landlord shall not said repairs to be obligated to expend for such repair an amount in excess of substantially completed within two hundred seventy (270) days after the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to repair or replace Tenant’s stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. In the event of any such damage and (i) Landlord is not required to repair as hereinabove provided, or (ii) the Leased Premises shall be damaged or destroyed to the extent of Fifty Percent seventy-five percent (5075%) or more of the cost total square footage of replacementall Buildings and other improvements on the Premises (hereinafter, or a "Casualty"), and such Casualty shall occur after the first five (iii5) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent (25%) or more of replacement, or (iv) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent (25%) Lease Years of the aggregate cost Term of replacementthe Lease, Landlord then and in such event, Tenant may elect by written notice to Landlord delivered within thirty (30) days after such a Casualty either to repair or rebuild the Leased Premises or the building or buildingsPremises, as aforesaid, or to terminate this Lease, effective as of the date Tenant's notice is delivered to Landlord. If Tenant elects to terminate the Lease upon giving notice pursuant to this Section 8.1, then Tenant shall direct its insurance company(s) to deliver directly to Landlord all insurance proceeds to be paid for or in connection with said Casualty; provided, in no event shall the amount of such election in writing insurance proceeds payable to Tenant within ninety (90) days after Landlord be less than the occurrence full replacement value of all such improvements which have been so damaged or destroyed, as reasonably determined by the event causing the damageinsurance company's adjuster. If the casualty, repairing or rebuilding shall render insurance proceeds are less than the Leased Premises untenable, in whole or in part, and the damage shall not have been due to the act or omission of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of (i) sixty (60) days or (ii) the date Tenant reopens for business, howeverfull replacement value as aforesaid, Tenant shall pay all Additional Rent charges beginning on such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within the date Landlord completes its worksthirty (30) day period referenced above, said proportion Tenant shall be deemed to be computed on have elected to repair or rebuild the basis of Premises and the relation which the gross square foot area of the space rendered untenable bears Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the floor space preceding paragraph, then Tenant shall restore and repair the Buildings and other improvements in an expeditious manner. If Tenant purchases, at its sole option, rent insurance to compensate Landlord for any lost rents as a result of the Leased Premises. In the event the Leased Premises shall be damaged or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365) days after the date of the damage or destruction, unless said repair is held up by Tenant, or in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destruction, or in the event of any material damage or destruction to the Leased Premises, then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises during in a fair and equitable fashion according to the last year proportion of the Lease TermPremises that cannot reasonably be utilized by Tenant, then, in provided that the amount of such eventabatement shall not exceed the rent insurance proceeds actually received by Landlord with respect thereto. Notwithstanding the provisions of this Section 8.1, Tenant shall have be the right owner of its trade fixtures and shall be entitled to terminate this Lease upon written notice any insurance proceeds attributable to Landlordsaid trade fixtures.

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged endangered by fire, explosion or any other casualty to an extent which is less than Fifty Percent (50%) of the cost of replacement of the Leased Premisescasualty, except as otherwise provided herein, the damage shall promptly be repaired by Landlord at Landlord’s expenseTenant, provided that Landlord shall not said repairs to be obligated substantially completed within two hundred seventy (270) days after the casualty causing damage has occurred, subject to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to repair or replace force majeure events beyond Tenant’s stock in trade, fixtures, furniture, furnishings, floor coverings and equipment's reasonable control. In the event of any such damage and (i) Landlord is not required to repair as hereinabove provided, or (ii) the Leased Premises shall be damaged or destroyed to the extent of Fifty Percent seventy-five percent (5075%) or more of the cost total square footage of replacementall Buildings and other improvements on the Premises (hereinafter, or a "Casualty"), and such Casualty shall occur after the first five (iii5) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent (25%) or more of replacement, or (iv) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent (25%) Lease Years of the aggregate cost Term of replacementthe Lease, Landlord then and in such event, Tenant may elect by written notice to Landlord delivered within thirty (30) days after such a Casualty either to repair or rebuild the Leased Premises or the building or buildingsPremises, as aforesaid, or to terminate this Lease, effective as of the date Tenant's notice is delivered to Landlord. If Tenant elects to terminate the Lease upon giving notice pursuant to this Section 8.1, then Tenant shall direct its insurance company(s) to deliver directly to Landlord all insurance proceeds to be paid for or in connection with said Casualty; provided, in no event shall the amount of such election in writing insurance proceeds payable to Tenant within ninety (90) days after Landlord be less than the occurrence full replacement value of the event causing the damageall such improvements which have been so damaged or destroyed, as reasonably determined by Landlord's insurance adjuster. If the casualty, repairing or rebuilding shall render insurance proceeds are less than the Leased Premises untenable, in whole or in part, and the damage shall not have been due to the act or omission of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of (i) sixty (60) days or (ii) the date Tenant reopens for business, howeverfull replacement value as aforesaid, Tenant shall pay all Additional Rent charges beginning on such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within the date Landlord completes its worksthirty (30) day period referenced above, said proportion Tenant shall be deemed to be computed on have elected to repair or rebuild the basis of Premises and the relation which the gross square foot area of the space rendered untenable bears Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the floor space preceding paragraph, then Tenant shall restore and repair the Buildings and other improvements in an expeditious manner. If Tenant purchases, at its sole option, rent insurance to compensate Landlord for any lost rents as a result of the Leased Premises. In the event the Leased Premises shall be damaged or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365) days after the date of the damage or destruction, unless said repair is held up by Tenant, or in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destruction, or in the event of any material damage or destruction to the Leased Premises, then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises during in a fair and equitable fashion according to the last year proportion of the Lease TermPremises that cannot reasonably be utilized by Tenant, then, in provided that the amount of such eventabatement shall not exceed the rent insurance proceeds actually received by Landlord with respect thereto. Notwithstanding the provisions of this Section 8.1, Tenant shall have be the right owner of its trade fixtures and shall be entitled to terminate this Lease upon written notice any insurance proceeds attributable to Landlordsaid trade fixtures.

Fire, Explosion or Other Casualty. In the event the Leased Premises are damaged by fire, explosion or any other casualty and this Lease is not terminated as hereafter provided, then, subject to an extent which is less than Fifty Percent (50%) the other provisions of the cost of replacement of the Leased Premisesthis Lease, the damage shall promptly be diligently repaired by Landlord at Landlord’s expense; provided, provided that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damagehowever, and that in no event shall Landlord be required to repair or replace Tenant’s stock in tradestock, fixtures, furniture, furnishings, floor coverings and equipmentcoverings, equipment or the like, or alterations or additions to the Leased Premises made by Tenant. In the event of any such damage and (ia) Landlord is not required to repair as hereinabove provided, or (ii) if the Leased Premises shall be damaged to the extent of Fifty Percent fifty percent (50%) or more of the cost of replacement, or (iiib) if the building of which the Leased Premises are a part Building is damaged to the extent of Twenty Five Percent twenty-five percent (25%) or more of the cost of replacement, or (ivc) if the buildings (taken in the aggregate) in the Shopping Center casualty shall be damaged to the extent of more than Twenty Five Percent (25%) of the aggregate cost of replacement, Landlord may elect either to repair or rebuild render the Leased Premises untenantable or the building or buildingsdamage cannot in Landlord’s reasonable judgment be repaired within one hundred eighty (180) days after the happening thereof, or to then Landlord may terminate this Lease upon giving by written notice to Tenant. The cost of replacement for purposes hereof shall be determined by a licensed architect selected by Landlord. In the event of any damage to the Leased Premises by fire, explosion or any other casualty, Landlord shall deliver its reasonable estimate of the time required to restore the Leased Premises to a tenantable condition (i.e., such election that Tenant can reasonably carry on its normal business operations in writing to Tenant the Leased Premises) within ninety sixty (9060) days after the occurrence of the event causing the damagethereof. If such estimate exceeds one hundred eighty (180) days, either party may terminate this Lease by written notice to the casualtyother given if at all within thirty (30) days after Tenant’s receipt of Landlord’s estimate. Notwithstanding anything to the contrary contained herein, repairing or rebuilding shall render if the repair of the Leased Premises untenable, in whole or in part, and the damage shall is not have been due to the act or omission substantially completed within a period of Tenant, a proportionate abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of one hundred eighty (i) sixty (60) days or (ii) the date Tenant reopens for business, however, Tenant shall pay all Additional Rent charges beginning on the date Landlord completes its works, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenable bears to the floor space of the Leased Premises. In the event the Leased Premises shall be damaged or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365180) days after the date of the damage or destructionoccurrence of such damage, unless said repair is held up then Tenant may terminate this Lease by Tenant, or in written notice to the event that Thirty Percent other party given within fifteen (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (45515) days after the date expiration of damage or destruction, or in such one hundred eighty (180) day period. In the event of any material damage or destruction termination pursuant to this Section 10.1, all obligations of the parties accruing after such termination, including the obligation to pay rent and other charges, shall cease upon delivery of such notice. If such casualty shall render the Leased Premises during or any portion thereof unsuitable for Tenant’s use there as conducted immediately prior to such casualty, then the last year Base Rent and Additional Rent shall be abated as hereinafter set forth. Any abatement or rent hereunder shall be on a per diem basis in an amount bearing the same ratio to such rent for the period of unsuitability as the unsuitable portion of the Lease Term, then, in such event, Tenant shall have Leased Premises bears to the right to terminate this Lease upon written notice to Landlordentire Leased Premises.

Fire, Explosion or Other Casualty. In If the event the Leased Premises are damaged by fire, explosion or any other casualty to an extent which that is less than Fifty Percent fifty (50%) percent of the cost of replacement of the Leased Premises, the damage damage, except as provided in Section 10.02, shall promptly be repaired by Landlord at Landlord’s expense, provided that Landlord shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage, and that in no event shall Landlord be required to repair or replace Tenant’s stock in trade, fixtures, tenant improvements, furniture, furnishings, floor coverings and equipmentcoverings, equipment or other tangible or intangible assets. In the event of any such damage and If: (ia) Landlord is not required to repair as hereinabove provided, or (iib) the Leased Premises shall be damaged to the extent of Fifty Percent fifty (50%) percent or more of the cost of replacement, or (iiic) the building of which the Leased Premises are a part is damaged to the extent of Twenty Five Percent twenty-five (25%) percent or more of the cost of replacement, or (ivd) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than Twenty Five Percent twenty-five (25%) percent or more of the aggregate cost of replacement, then Landlord may elect either to repair or rebuild the Leased Premises or the building or buildings, or to terminate this Lease upon giving notice of such election in writing to Tenant within ninety (90) days after the occurrence of the event causing the damage. If the casualty, repairing repairing, or rebuilding shall render the Leased Premises untenable, untenantable in whole or in part, and the damage shall not have been due to the act default or omission neglect of Tenant, a proportionate its agents, employees or contractors, an equitable abatement of the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date Landlord completes its work, plus the earlier of (i) sixty (60) days or (ii) the date Tenant reopens for business, however, Tenant shall pay all Additional Rent charges beginning on the date Landlord completes its works, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenable bears to the floor space of the Leased Premises. In the event the Leased Premises shall be damaged or destroyed and the same are not repaired or rebuilt by Landlord within three hundred sixty-five (365) days after the date of the damage or destruction, unless said repair is held up by Tenant, or in the event that Thirty Percent (30%) or more of the Gross Leasable Area of the Shopping Center shall be damaged or destroyed and the same is not repaired or rebuilt within four hundred fifty-five (455) days after the date of damage or destruction, or in the event of any material damage or destruction to the Leased Premises during the last year of the Lease Term, then, in such event, Tenant shall have the right to terminate this Lease upon written notice to Landlord.