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

Fire, Explosion or Other Casualty. In the event the 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, the damage, except as is otherwise provided in this Article XVI, 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 as a result of such damage and that in no event shall Landlord be required to repair or replace merchandise, trade fixtures, furnishings, equipment, personal property, wall and floor coverings and drapes and window coverings or plate glass. If the casualty, repairing or rebuilding shall render the Premises untenantable (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, a proportionate abatement of Base Rent and all Additional Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is one hundred twenty (120) days after the date Landlord completes its work, 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 untenantable bears to the square footage of the 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 rebuilding or repair of the Premises, the Retail Area of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to such damage within a two hundred forty (240) day period from the date of the occurrence of such damage, 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 agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate this Lease 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 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 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 casualtycasualty to an extent which is less than Fifty Percent (50%) of the cost of replacement of the Leased Premises, the damage, except as is otherwise provided in this Article XVI, damage 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 merchandiseTenant’s stock in trade, trade fixtures, furniture, furnishings, equipment, personal property, wall and floor coverings and drapes equipment. In the event of any such damage and window coverings (i) Landlord is not required to repair as hereinabove provided, or plate glass(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 untenantable (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)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 Base Rent and all Additional the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date which is Landlord completes its work, plus the earlier to occur of (i) Tenant's opening for business sixty (60) days or (ii) the date which is one hundred twenty (120) days after Tenant reopens for business, however, Tenant shall pay all Additional Rent charges beginning on the date Landlord completes its work, pursuant to this Article XVIworks, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable untenable bears to the square footage floor space 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 rebuilding Leased Premises shall be damaged or repair of the Premises, the Retail Area of the Project, destroyed and the Common Areas same are not repaired or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to such damage rebuilt by Landlord within a two three hundred forty sixty-five (240365) day period from days after the date of the occurrence of such damagedamage or destruction, Tenant may elect to terminate this Lease upon sixty (60) days prior written notice to Landlordunless said repair is held up by Tenant, 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 agreed that or in the event any such damage, fire, explosionthat 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 other casualty shall occur in the event of any material damage or destruction to the Leased Premises during the last two year of the Lease Years and as a result thereof, Tenant is unable to conduct its business from the PremisesTerm, then, and in such event, either party Tenant shall have the right to terminate this Lease 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 upon 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 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, the damage, except as is otherwise provided in this Article XVIherein, 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 the insurance proceeds recovered as a result of such damage and that in no event shall Landlord be required to repair or replace merchandise, trade fixtures, furnishings, equipment, personal property, wall and floor coverings and drapes and window coverings or plate glass. If the casualty, repairing or rebuilding shall render the Premises untenantable substantially completed within two hundred seventy (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, a proportionate abatement of Base Rent and all Additional Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is one hundred twenty (120270) days after the date Landlord completes its workcasualty causing damage has occurred, pursuant subject 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 untenantable bears to the square footage of the 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 16.1force majeure events beyond Tenant's reasonable control. In the event the rebuilding Premises shall be damaged or repair destroyed to the extent of fifty percent (50%) or more of the Premisestotal square footage of all Buildings and other improvements on the Premises (hereinafter, the Retail Area of the Projecta "Casualty"), then and the Common Areas or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to in such damage within a two hundred forty (240) day period from the date of the occurrence of such damageevent, Tenant may elect to terminate this Lease upon sixty (60) days prior by written notice to Landlord, said notice to be served Landlord delivered within thirty (30) days after such a Casualty either to repair or rebuild the Premises, as aforesaid, or to terminate this Lease, effective as of the expiration date specified in Tenant's notice. If Tenant elects to terminate the Lease 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 insurance proceeds payable to Landlord be less than the two hundred forty full replacement value of all such improvements which have been so damaged or destroyed, as reasonably determined by Landlord's insurance adjuster. If the insurance proceeds are less than the full replacement value as aforesaid, Tenant shall pay such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within the thirty (24030) day period described referenced above. Notwithstanding the obligations of Landlord , Tenant shall be deemed to have elected to repair as contemplated or rebuild the Premises and the Lease shall remain in this Section 16.1 to the contrary, it is agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years full force and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate effect. If this Lease 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 is not terminated pursuant to the preceding sentenceparagraph, then Tenant shall restore and either Option 1 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 damage or Option 2 has notdestruction to the Premises, as then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises in a fair and equitable fashion according to the proportion of the Premises that cannot reasonably be utilized by Tenant, provided that the amount of such time been exercisedabatement 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 by written Notice to Landlord, within 30 days after receipt owner of Landlord's termination notice, to reinstate this Lease by exercising the applicable option, in which event the Lease its trade fixtures and shall be reinstatedentitled to any insurance proceeds attributable to said trade fixtures.

Fire, Explosion or Other Casualty. In the event the 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 casualtycasualty to an extent which is less than fifty percent (50%) of the cost of replacement of the Premises, the damage, except as is otherwise provided in this Article XVISection 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 damage, and that in no event shall Landlord LANDLORD be required to repair or replace merchandiserelease TENANT’S stock in inventory, trade fixtures, furniture, furnishings, equipment, personal property, wall and floor coverings and drapes equipment. In the event of any such damage and window coverings (a) LANDLORD is not required to repair as hereinabove provided, or plate glass(b) the Premises shall be damaged to the extent of fifty percent (50%) or more of the cost of replacement, or (c) the building of which the Premises are a part is damaged to the extent of twenty-five percent (25%) or more of the cost of replacement, or (d) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than twenty-five percent (25%) or more of the cost of replacement, LANDLORD may elect either to repair or rebuild the 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 Premises untenantable (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)untenantable, in whole or in part, and the damage shall not have been due to the default or neglect of TENANT, a proportionate abatement of Base Rent and all Additional the Minimum Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is one hundred twenty (120) days after the date Landlord LANDLORD completes its work, 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 untenantable bears to the square footage floor area of the Premises. Nothing in the immediately preceding sentence this Section 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 rebuilding or repair of the Premises, the Retail Area of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to such damage within a two hundred forty (240) day period from the date of the occurrence of such damage, 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 agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate this Lease 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 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 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 casualtycasualty and this Lease is not terminated as hereafter provided, then, subject to the other provisions of this Lease, the damage, except as is otherwise provided in this Article XVI, 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 as a result of such damage and however, that in no event shall Landlord be required to repair or replace merchandiseTenant’s stock, trade fixtures, furniture, furnishings, equipmentfloor coverings, personal propertyequipment or the like, wall or alterations or additions to the Leased Premises made by Tenant. In the event of any such damage and floor coverings and drapes and window coverings (a) if the Leased Premises shall be damaged to the extent of fifty percent (50%) or plate glass. If more of the casualtycost of replacement, repairing (b) if the Building is damaged to the extent of twenty-five percent (25%) or rebuilding more of the cost of replacement, or (c) if the casualty shall render the Leased Premises untenantable (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, a proportionate abatement of Base Rent and all Additional Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of cannot in Landlord’s judgment be repaired within sixty (i) Tenant's opening for business or (ii) the date which is one hundred twenty (12060) days after the date happening thereof, then Landlord completes its workmay terminate this Lease by written notice to Tenant. If any such damage cannot be repaired within one hundred eighty (180) days after the occurrence thereof, pursuant to then Landlord shall so notify Tenant within sixty (60) days after the occurrence thereof and either party may terminate this Article XVI, said proportion to be computed on the basis of the relation which the gross square foot area of the space rendered untenantable bears Lease by written notice to the square footage of the 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 16.1other given if at all within ten (10) days thereafter. In the event of any such termination, all obligations of the rebuilding or 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 Premises, the Retail Area of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have Leased Premises is not been substantially completed to their condition prior to such damage within a two period of one hundred forty eighty (240180) day period from days after the date of the occurrence of such damage, damage (as extended by delays of the nature described in Section 18.7) then Landlord or 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 agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate this Lease by notifying written notice to the other party, in writing, of its intention to do so, no later than the 90th day party given within five (5) days after the occurrence expiration of such damageone hundred eighty (180) day period. If such casualty shall render the Leased Premises or any portion thereof untenantable, fire, explosion then the Base Rent and Additional Rent shall be abated as hereinafter set forth. Any abatement or other casualty. In rent hereunder shall be on a per diem basis in an amount bearing the event Landlord has elected same ratio to terminate this Lease pursuant such rent for the period of untenantability as the untenantable portion of the Leased Premises bears 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 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 reinstatedentire Leased Premises.

Fire, Explosion or Other Casualty. In the event the 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, the damage, except as is otherwise provided in this Article XVIherein, 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 the insurance proceeds recovered as a result of such damage and that in no event shall Landlord be required to repair or replace merchandise, trade fixtures, furnishings, equipment, personal property, wall and floor coverings and drapes and window coverings or plate glass. If the casualty, repairing or rebuilding shall render the Premises untenantable substantially completed within two hundred seventy (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, a proportionate abatement of Base Rent and all Additional Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is one hundred twenty (120270) days after the date Landlord completes its work, 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 untenantable bears to the square footage of the 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 rebuilding Premises shall be damaged or repair destroyed to the extent of seventy-five percent (75%) or more of the Premisestotal square footage of all Buildings and other improvements on the Premises (hereinafter, a "Casualty"), and such Casualty shall occur after the Retail Area first five (5) Lease Years of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to such damage within a two hundred forty (240) day period from the date Term of the occurrence of Lease, then and in such damageevent, Tenant may elect to terminate this Lease upon sixty (60) days prior by written notice to Landlord, said notice to be served Landlord delivered within thirty (30) days after such a Casualty either to repair or rebuild the Premises, as aforesaid, or to terminate this Lease, effective as of the expiration date Tenant's notice is delivered to Landlord. If Tenant elects to terminate the Lease 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 insurance proceeds payable to Landlord be less than the two hundred forty full replacement value of all such improvements which have been so damaged or destroyed, as reasonably determined by the insurance company's adjuster. If the insurance proceeds are less than the full replacement value as aforesaid, Tenant shall pay such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within the thirty (24030) day period described referenced above. Notwithstanding the obligations of Landlord , Tenant shall be deemed to have elected to repair as contemplated or rebuild the Premises and the Lease shall remain in this Section 16.1 to the contrary, it is agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years full force and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate effect. If this Lease 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 is not terminated pursuant to the preceding sentenceparagraph, then Tenant shall restore and either Option 1 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 damage or Option 2 has notdestruction to the Premises, as then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises in a fair and equitable fashion according to the proportion of the Premises that cannot reasonably be utilized by Tenant, provided that the amount of such time been exercisedabatement 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 by written Notice to Landlord, within 30 days after receipt owner of Landlord's termination notice, to reinstate this Lease by exercising the applicable option, in which event the Lease its trade fixtures and shall be reinstatedentitled to any insurance proceeds attributable to said trade fixtures.

Fire, Explosion or Other Casualty. In the event the 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, the damage, then except as is otherwise provided in Section 8.2 or below in this Article XVISection 8.1, 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 the insurance proceeds recovered as a result of such damage and that in no event shall Landlord be required to repair or replace merchandise, trade fixtures, furnishings, equipment, personal property, wall and floor coverings and drapes and window coverings or plate glass. If the casualty, repairing or rebuilding shall render the Premises untenantable (whether as a result of damage substantially completed 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, a proportionate abatement of Base Rent and all Additional Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is one hundred twenty (120) 270 days after the date Landlord completes its workcasualty causing damage has occurred, pursuant subject 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 untenantable bears to the square footage of the 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 16.1force majeure events beyond Tenant's reasonable control. In the event the rebuilding Premises shall be damaged or repair destroyed to the extent of seventy-five percent (75%) or more of the Premisestotal square footage of all Buildings and other improvements on the Premises (hereinafter, a "Casualty") and such Casualty shall occur after the Retail Area first five (5) Lease Years of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to such damage within a two hundred forty (240) day period from the date Term of the occurrence of Lease, then and in such damage, event Tenant may elect to terminate this Lease upon sixty (60) days prior by written notice to Landlord, said notice to be served Landlord delivered within thirty (30) days of the expiration of the two hundred forty (240) day period described above. Notwithstanding the obligations of Landlord after such Casualty either to repair as contemplated in this Section 16.1 to the contrary, it is agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years and as a result thereof, Tenant is unable to conduct its business from rebuild the Premises, thenas aforesaid, and in such event, either party shall have the right or to terminate this Lease, effective as of the date Tenant's notice is delivered to Landlord. If Tenant elects to terminate the Lease by notifying the other partypursuant 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 writingno event shall the amount of such insurance proceeds payable to Landlord be less than the full replacement value of all such improvements which have been so damaged or destroyed, as reasonably determined by Landlord's insurance adjuster. If the insurance proceeds are less than the full replacement value as aforesaid, Tenant shall pay such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its intention election to do so, no later than Landlord within the 90th 30-day after the occurrence of such damage, fire, explosion or other casualtyperiod reference above. In the event Landlord has Tenant shall be deemed to have elected to terminate repair or rebuild the Premises and the Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the preceding sentenceparagraph, then Tenant shall restore and either Option 1 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 damage or Option 2 has notdestruction to the Premises, as then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises in a fair and equitable fashion according to the proportion of the Premises that cannot reasonably be utilized by tenant, provided that the amount of such time been exercisedabatement shall not exceed the rent insurance proceeds actually received by Landlord with respect thereto. Notwithstanding the provisions of the Section 8.1, Tenant shall have the right by written 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 tenant shall be reinstatedthe owner of its trade fixtures and shall be entitled to any insurance proceeds attributable to said trade fixtures.

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 casualtycasualty and this Lease is not terminated as hereafter provided, then, subject to the other provisions of this Lease, the damage, except as is otherwise provided in this Article XVI, 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 as a result of such damage and however, that in no event shall Landlord be required to repair or replace merchandiseTenant’s stock, trade fixtures, furniture, furnishings, equipmentfloor coverings, personal propertyequipment or the like, wall or alterations or additions to the Leased Premises made by Tenant. In the event of any such damage and floor coverings and drapes and window coverings (a) if the Leased Premises shall be damaged to the extent of fifty percent (50%) or plate glass. If more of the casualtycost of replacement, repairing (b) if the Building is damaged to the extent of twenty-five percent (25%) or rebuilding more of the cost of replacement, or (c) if the casualty shall render the Leased Premises untenantable (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), damage cannot in whole or in part, a proportionate abatement of Base Rent and all Additional Rent shall Landlord’s reasonable judgment be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is repaired within one hundred twenty eighty (120180) days after the date happening thereof, then Landlord completes its work, pursuant may terminate this Lease by written notice to this Article XVI, said proportion to be computed on the basis Tenant. The cost of the relation which the gross square foot area of the space rendered untenantable bears to the square footage of the Premises. Nothing in the immediately preceding sentence replacement for purposes hereof 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 16.1determined by a licensed architect selected by Landlord. In the event of any damage to the rebuilding 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 that Tenant can reasonably carry on its normal business operations in the Leased Premises) within sixty (60) days after the occurrence thereof. If such estimate exceeds one hundred eighty (180) days, either party may terminate this Lease by written notice to the other given if at all within thirty (30) days after Tenant’s receipt of Landlord’s estimate. Notwithstanding anything to the contrary contained herein, if the repair of the Premises, the Retail Area of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have Leased Premises is not been substantially completed to their condition prior to such damage within a two period of one hundred forty eighty (240180) day period from days after the date of the occurrence of such damage, then 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 agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate this Lease by notifying written notice to the other party, in writing, of its intention to do so, no later than the 90th day party given within fifteen (15) days after the occurrence expiration of such damage, fire, explosion or other casualtyone hundred eighty (180) day period. In the event Landlord has elected to terminate this Lease of any termination pursuant to this Section 10.1, all obligations of the preceding sentenceparties accruing after such termination, including the obligation to pay rent and either Option 1 or Option 2 has notother charges, as shall cease upon delivery of such time been exercisednotice. If such casualty shall render the Leased Premises or any portion thereof unsuitable for Tenant’s use there as conducted immediately prior to such casualty, Tenant shall have then the right by written 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 Base Rent and Additional Rent shall be reinstatedabated 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 Leased Premises bears to the entire Leased Premises.

Fire, Explosion or Other Casualty. In the event the Premises or means of access or the supply of essential utilities or other service systems to the Premises within the Project are damaged endangered by fire, explosion or any other casualty, the damage, except as is otherwise provided in this Article XVIherein, 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 the insurance proceeds recovered as a result of such damage and that in no event shall Landlord be required to repair or replace merchandise, trade fixtures, furnishings, equipment, personal property, wall and floor coverings and drapes and window coverings or plate glass. If the casualty, repairing or rebuilding shall render the Premises untenantable substantially completed within two hundred seventy (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, a proportionate abatement of Base Rent and all Additional Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is one hundred twenty (120270) days after the date Landlord completes its workcasualty causing damage has occurred, pursuant subject 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 untenantable bears to the square footage of the 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 16.1force majeure events beyond Tenant's reasonable control. In the event the rebuilding Premises shall be damaged or repair destroyed to the extent of seventy-five percent (75%) or more of the Premisestotal square footage of all Buildings and other improvements on the Premises (hereinafter, a "Casualty"), and such Casualty shall occur after the Retail Area first five (5) Lease Years of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to such damage within a two hundred forty (240) day period from the date Term of the occurrence of Lease, then and in such damageevent, Tenant may elect to terminate this Lease upon sixty (60) days prior by written notice to Landlord, said notice to be served Landlord delivered within thirty (30) days after such a Casualty either to repair or rebuild the Premises, as aforesaid, or to terminate this Lease, effective as of the expiration date Tenant's notice is delivered to Landlord. If Tenant elects to terminate the Lease 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 insurance proceeds payable to Landlord be less than the two hundred forty full replacement value of all such improvements which have been so damaged or destroyed, as reasonably determined by Landlord's insurance adjuster. If the insurance proceeds are less than the full replacement value as aforesaid, Tenant shall pay such deficiency to Landlord upon demand. If Tenant fails to deliver notice of its election to Landlord within the thirty (24030) day period described referenced above. Notwithstanding the obligations of Landlord , Tenant shall be deemed to have elected to repair as contemplated or rebuild the Premises and the Lease shall remain in this Section 16.1 to the contrary, it is agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years full force and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate effect. If this Lease 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 is not terminated pursuant to the preceding sentenceparagraph, then Tenant shall restore and either Option 1 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 damage or Option 2 has notdestruction to the Premises, as then Basic Rent (and other Rent) shall abatx xxxing any period following damage to the Premises in a fair and equitable fashion according to the proportion of the Premises that cannot reasonably be utilized by Tenant, provided that the amount of such time been exercisedabatement 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 by written Notice to Landlord, within 30 days after receipt owner of Landlord's termination notice, to reinstate this Lease by exercising the applicable option, in which event the Lease its trade fixtures and shall be reinstatedentitled to any insurance proceeds attributable to said trade fixtures.

Fire, Explosion or Other Casualty. In the event If the 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 casualtycasualty to an extent that is less than fifty (50%) percent of the cost of replacement of the Premises, the damage, except as is otherwise provided in this Article XVISection 10.02, 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 merchandiseTenant’s stock in trade, trade fixtures, tenant improvements, furniture, furnishings, equipmentfloor coverings, personal propertyequipment or other tangible or intangible assets. If: (a) Landlord is not required to repair as hereinabove provided, wall and floor coverings and drapes and window coverings or plate glass(b) the Premises shall be damaged to the extent of fifty (50%) percent or more of the cost of replacement, or (c) the building of which the Premises are a part is damaged to the extent of twenty-five (25%) percent or more of the cost of replacement, or (d) the buildings (taken in the aggregate) in the Shopping Center shall be damaged to the extent of more than twenty-five (25%) percent or more of the cost of replacement, then Landlord may elect either to repair or rebuild the 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 Premises untenantable (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, a proportionate and the damage shall not have been due to the default or neglect of Tenant, its agents, employees or contractors, an equitable abatement of Base Rent and all Additional the Fixed Minimum Rent shall be allowed from the date when the damage occurred until the date which is the earlier to occur of (i) Tenant's opening for business or (ii) the date which is one hundred twenty (120) days after the date Landlord completes its work, 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 untenantable bears to the square footage of the 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 rebuilding or repair of the Premises, the Retail Area of the Project, and the Common Areas or access or the supply of essential utilities or other service systems thereto have not been substantially completed to their condition prior to such damage within a two hundred forty (240) day period from the date of the occurrence of such damage, 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 agreed that in the event any such damage, fire, explosion, or other casualty shall occur during the last two Lease Years and as a result thereof, Tenant is unable to conduct its business from the Premises, then, and in such event, either party shall have the right to terminate this Lease 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 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.