Common use of FIRE OR CASUALTY DAMAGE Clause in Contracts

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates the Apartment, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Tenant’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT 45 Tenant 30 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Landlord’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Xxxxxx’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT 45 Tenant 30 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Xxxxxxxx’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Xxxxxx’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In If the event of damage Leased Space therein shall be partially damaged by fire, enemy action, fire or other casualty casualty, the damages shall, within a reasonable time thereafter, be repaired by and at the expense of Sub-Lessor. Such repair shall be made promptly except that no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Sub-Lessor and/or Sub-Lessee, and for causes beyond Sub-Lessor’s control. If the Leased Space are totally damaged or are rendered wholly untenantable by fire or other casualty, the basic rent due under Section 3 hereof shall axxxx until restoration or rebuilding. Sub-Lessor shall, subject to the Apartment terms hereof, within a reasonable time, restore or rebuild same to its condition existing prior to the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENTcasualty; provided, however, that Sub-Lessor’s obligation to repair and restore the Leased Space shall be limited to the insurance proceeds made available to Sub-Lessor as a result of such casualty, and Sub-Lessee shall pay for any amounts incurred by Sub-Lessor in excess of such insurance proceeds including the amount of deductible not covered by insurance; provided further, however, that, if the Apartment or the Premises Leased Space are totally damaged or destroyed rendered wholly untenantable by fire or casualty other casualty, then Sub-Lessor shall have the right and option to an extent that RESIDENT's enjoyment of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates the Apartment, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 30 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; such casualty by giving written notice to Sub-Lessee, and any basic rents paid pursuant to Section 3 hereof or if continued occupancy is lawful, Section 55other payments which may be due Sub-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless Lessor under this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates prorated as of the expiration effective date of the notice period. Such right such termination and any advance payments on account of OWNER to terminate such basic rents received by Sub-Lessor from Sub-Lessee shall be in addition proportionately refunded to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtySub-Lessee.

FIRE OR CASUALTY DAMAGE. If the Premises, during the term of this Lease, is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of damage by fire, enemy action, or other casualty the damaged portion bears to the Apartment whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that RESIDENT's enjoyment the Premises by Tenant’s willful or negligent acts, or those of the Apartment is substantially impaired Tenant’s family, agents, guests or required repairs can only be accomplished if RESIDENT vacates the Apartmentinvitees, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate Tenant shall remain liable for all amounts owed under this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by no fire or otherwise was caused by the deliberate or negligent act of RESIDENTdamage had occurred, or the agentsand in addition, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be fully liable for all amounts paid by Owner to cause the total rent during the unexpired term of this Lease (regardless of Premises to be repaired or restored, including any termination insurance deductible paid by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT Landlord or Owner and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to including all other remedies provided costs, expenses or fees, including reasonable attorney fees, paid or incurred by this Lease, Landlord or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. In 8.1 If the event Premises or any portion of damage the Project is damaged by firefire or other cause (the “Occurrence”) without the negligence or willful act of Tenant or its partners, enemy actiontrustees, officers, directors, shareholders, members, beneficiaries, licensees, invitees, or other casualty to any subtenants or subtenants’ agents, employees, contractors, or invitees, servants, guests, or independent contractors (collectively, “Tenant Persons”), Landlord shall diligently, and as soon as practicable after the Apartment or the building in which the Apartment is locat­edCasualty Notification Date (as hereinafter defined), OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENTdamage; provided, however, that Landlord may elect not to rebuild or restore the Premises or any portion of the Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within ninety (90) days after the date on which Landlord has been notified of the full extent and nature of such damages (the “Casualty Notification Date”), such notice to include a lease termination date and a date for Tenant to vacate the Premises. Landlord may so elect to terminate this Lease only if the Apartment Project shall be damaged by fire or other cause, whether or not the Premises are affected, and one or more of the following conditions is present: (i) repairs cannot reasonably be completed within two hundred (200) days after the Occurrence; (ii) the Occurrence occurs during the last two (2) Lease Years (irrespective of any option to renew this Lease); (iii) the holder of any mortgage/deed of trust on the Building or ground lessor with respect to the Project shall require that the insurance proceeds or any portion thereof be used to retire all or a portion of the mortgage/deed of trust debt, or shall terminate the ground lease, as the case may be; (iv) Landlord’s insurer has not agreed that the damage is fully covered, except for deductible amounts, by Landlord’s insurance policies; or (v) in Landlord’s sole discretion, twenty percent (20%) or more of the rentable floor area of the Project is unusable, unmarketable, damaged or destroyed by fire destroyed. If Landlord terminates this Lease, the Base Rent and Tenant’s Proportionate Share of increases in Operating Costs (collectively, “Periodic Rent”) shall be apportioned and paid to the date of termination (subject to abatement as provided below). To the extent Landlord undertakes the repair or casualty to an extent that RESIDENT's enjoyment restoration of the Apartment is Building, such repair or restoration by Landlord shall be to substantially impaired the same condition of the base, shell, and core of the Premises and Common Areas prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws or by the holder of a mortgage/deed of trust on the Building, or the lessor of a ground or underlying lease with respect to the Project or portion thereof, or any other modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of the Project, provided access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 9.1 of this Lease, and Landlord shall repair any injury or damage to the tenant improvements installed in the Premises and shall return such tenant improvements to their condition prior to the Occurrence; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs can only shall be accomplished if RESIDENT vacates paid by Tenant to Landlord prior to Landlord’s repair of the Apartmentdamage. In connection with such repairs and replacements, either RESIDENT or OWNER may Tenant shall, prior to the commencement of construction, submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. 8.2 If Landlord does not elect to terminate this Lease. RESIDENT Lease under the terms of Section 8.1, but the damage required to be repaired by Landlord is not repaired by the end of the 200 Day Period (as hereinafter defined), then either Landlord or Tenant (subject to the terms of this Section 8.2), within thirty (30) days after the end of the 200 Day Period (or such right to terminate shall expire), may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Leasethe other party, in which case event this Lease terminates shall terminate as of the date of vacating; or if continued occupancy is lawful, Section 55-226 receipt of the Code notice, and the Periodic Rent shall be apportioned and paid to the date of Virginia termination (subject to abatement as provided below). The “200 Day Period” shall applymean the period beginning on the Casualty Notification Date and ending two hundred (200) days from the Casualty Notification Date, it being provided that the intent end of the parties that RESIDENT 200 Day Period shall remain obligated be extended for delays caused by matters beyond Landlord’s control, including, without limitation, until Landlord has discovered the full extent and nature of such damage, as well as the means necessary to pay rent in accordance with repair such damage, obtaining necessary permits, and the settlement by Landlord of all insurance and lender and ground lessor claims relating to such damage, or insurance proceeds relating thereto. Notwithstanding the preceding provisions of this Section 55-226 unless 8.2, if (a) Landlord has not elected to terminate this Lease pursuant to the terms of Section 8.1, and (b) Landlord is terminated proceeding to complete the repairs, then neither party shall have the right to terminate this Lease if, before the end of the 200 Day Period, Landlord, at Landlord’s sole option, gives written notice to Tenant that the repairs will be completed within thirty (30) days after the end of the 200 Day Period (the “Extension Period”), and the repairs are actually completed within the Extension Period. If the repairs are not completed within the Extension Period, then either party may terminate this Lease by written notice to the other party. Such notice of termination shall be given within thirty (30) days after the end of the Extension Period (or such right to terminate shall expire), and shall be effective upon receipt thereof by the other party to this Lease. Notwithstanding the provisions of this Section 8.2, Tenant shall have the right to terminate this Lease under this Section 14. Notwithstanding anything to 8.2 only if each of the contrary herein, if following conditions are satisfied: (i) the damage to the Apartment or such building Project by fire or otherwise other casualty was not caused by the deliberate negligence or negligent intentional act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease Tenant Persons; (regardless of any termination ii) there is then no default by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, Tenant; (iii) as a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use result of the Apartment is substantially impaireddamage, in which case this Lease terminates Tenant cannot reasonably conduct business from the Premises; and (iv) as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause a result of the damage to the Project, Tenant cannot occupy or casualty, in which case OWNER shall account to RESIDENT for use the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyPremises at all.

FIRE OR CASUALTY DAMAGE. If the Premises during the term of this Lease is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of damage by fire, enemy action, or other casualty the damaged portion bears to the Apartment whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that RESIDENT's enjoyment the Premises by Tenant’s willful or negligent acts, or those of the Apartment is substantially impaired Tenant’s family, agents, guests or required repairs can only be accomplished if RESIDENT vacates the Apartmentinvitees, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate Tenant shall remain liable for all amounts owed under this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by no fire or otherwise was caused by the deliberate or negligent act of RESIDENTdamage had occurred, or the agentsand in addition, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be fully liable for all amounts paid by Owner to cause the total rent during the unexpired term of this Lease (regardless of Premises to be repaired or restored, including any termination insurance deductible paid by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT Landlord or Owner and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to including all other remedies provided costs, expenses or fees, including reasonable attorney fees, paid or incurred by this Lease, Landlord or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Tenant’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT Tenant 45 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Landlord’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 4 and paragraph 20 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Tenant’s guests were the cause of the damage or casualty, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In If, during the event of damage by firerental period, enemy action, or other casualty to the Apartment or the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are so damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment natural disaster, without fault or negligence of the Apartment tenant(s), such that it is substantially impaired or required repairs can only rendered wholly unfit for occupancy and cannot be accomplished if RESIDENT vacates the Apartmentrepaired within forty eight hours, either RESIDENT or OWNER may then this lease shall terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; such casualty, and tenant(s) shall pay the rent apportioned to the time of the casualty. If such injury or casualty can be repaired within forty-eight hours thereafter, the agent may enter and repair, and this lease shall not be affected, except that the rent shall be suspended during repairs. Evacuation: In the unlikely event that the State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a credit on a future stay, but not a refund, of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. Indemnity, Right of Entry, and Assignment: The owners and/or their agent will not be liable for damages to property, theft, or injuries resulting from any accident that may occur in or on the premises during guest occupancy. Tenant agrees to indemnify and hold harmless Agent and the Owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of agent or the Owner. Owner reserves the right to refuse occupancy to anyone deemed detrimental to the premises or to immediately discontinue occupancy at any time if it is judged that continued occupancy is lawfulwould be detrimental to the premises. Tenant agrees the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, Section 55to make such repairs, improvements or alterations thereto as Owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Sea Breeze Florida LLC. Disclaimer Of Warranties. TENANT(S) UNDERSTANDS AND AGREES THAT THERE ARE NO FURTHER, OTHER OR ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, HEREUNDER OR AS A RESULT THEREOF, THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF LEASE AGREEMENT AND ARE NOT EXPRESSLY STATED HEREIN. Security deposits earn no interest for the tenant and are not time-226 deposits. Security deposits will be mailed to guest within 10 days of check-out by check. Written notice will be made if damages are charged against the security deposit refund. Charges may include additional cleaning fees due to excessive misuse of the Code of Virginia shall applypremises, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENTpremises, or missing items from the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Leasepremises. If RESIDENT fails to vacate the Apartment upon such termi­nationcharges exceed security deposit and owners seek legal remedy, OWNER may, in addition to tenant/guest will pay all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election collection costs and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyattorney fees.

FIRE OR CASUALTY DAMAGE. In the event case of damage to the Premises or the building of which the Premises are a part by fire, enemy action, or other casualty to the Apartment as is insurable under present or the building in which the Apartment is locat­edfuture standard forms of fire and extended coverage insurance policies, OWNER Landlord, unless it shall otherwise elect as hereinafter provided, shall repair the same with reasonable dispatch after written notice of damage. If the Premises, or any part thereof, are damaged by fire, enemy action, or other casualty to such damage an extent as to be rendered untenantable, but are, nevertheless, repaired by RESIDENT; providedLandlord, then the rent shall be abated to an extent corresponding with the time during which and the extent to which said Premises may have been untenantable. If such repairs,, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty delayed because of Tenant's failure to an extent that RESIDENTadjust Tenant's enjoyment own insurance claim, no reduction shall be made beyond a reasonable time allowed for such adjustment. If such repairs shall be reasonably estimated to take more than ninety (90) days to accomplish, and Landlord has determined not to terminate this lease as hereinafter set forth, then Landlord shall promptly notify Tenant of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates actual estimated time of repair and Tenant shall have the Apartmentoption, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so exercisable within ten (10) days of receipt of Landlord's repair time estimate to terminate this Lease by vacating notice to Landlord, and the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates rent shall be adjusted as of the time of the occurrence of any such fire, enemy actions, or other casualty. If the Landlord in its exclusive discretion, shall decide, within a reasonable time after the occurrence of any such fire, enemy action, or other casualty, to demolish, rebuild or reconstruct the building, then, upon at least thirty (30) days written notice given by Landlord to Tenant, this lease shall terminate on a .date to be specified in such notice as if that date had been originally fixed as the expiration date of vacating; or if continued occupancy is lawfulthe Lease Term, Section 55-226 of and the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates adjusted as of the expiration time of the notice period. Such right occurrence of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon any such termi­nationfire, OWNER may, in addition to all other remedies provided by this Leaseenemy action, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or other casualty. Accounting for rent Tenant shall give immediate notice to Landlord in case of fire or other casualty or in the event of termination accidents to or apportionment defect in any fixtures or equipment of the building. Landlord, for itself and its insurers, hereby releases Tenant with respect to any liability (including that deriving from the fault or neglect of Tenant, assignees, sub-tenants, its agents, employees or other persons under its or their direction or control) which Tenant might otherwise have for any damage to the building or the Premises by fire, explosion, or any other perils covered by Landlord's insurance, occurring during the Lease Term. Whenever Landlord elects to insure the Premises or the building against fire or other casualty with an insurance company selected by Landlord, Landlord shall cause all policies evidencing such insurance to include a provision permitting such release of liability if such a provision is obtainable from such insurer at no additional expense to Landlord. If such insurer will not include such a provision in said policy, or if the inclusion of such provision in such policy would ,involve an additional expense for Landlord, Landlord shall so advise Tenant within a reasonable time. Where such a provision is obtainable from such insurer and Tenant notifies Landlord in writing within a reasonable time thereafter the Tenant desires Landlord to cause such a provision to be made included in such policy at the expense of Tenant, Landlord shall cause such a provision to be included, and Xxxxxx agrees to pay promptly all expenses incurred by Landlord as a result of such inclusion. In case Landlord shall fail to complete such repairs within ninety (90) days from the date of such damage, the casualtyTenant may at any time after such ninety (90) day period give Landlord thirty (30) days notice in writing of termination of this lease, then at the expiration of such thirty day period, this lease shall terminate as completely as if that were the date fixed for expiration of the term of this lease unless, Landlord shall have substantially completed repairs prior to the expiration of such thirty day period.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Xxxxxx’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawfullawful and practical and Tenant continues to occupy the Premises, Section 55-226 there shall be a reasonable rent reduction accounting for any limitations in full use of the Code of Virginia shall apply, it being Premises until such time as the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by casualty. If the deliberate Tenant is legally or negligent act practically deprived of RESIDENTpossession, or but the agentslease is not terminated, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total allowed a reasonable reduction in rent during the unexpired term until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT 45 Tenant 14 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Xxxxxxxx’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 7 and 8 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Xxxxxx’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In 8.1 If the event Premises or any portion of damage the Project is damaged by fire, enemy action, fire or other casualty to cause (the Apartment or “Occurrence”), Landlord shall diligently, and as soon as reasonably practicable after the building in date upon which Landlord is notified of the Apartment is locat­edOccurrence (the “Casualty Notification Date”), OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENTdamage; provided, however, that, subject to the sentence that immediately follows, Landlord may elect not to rebuild or restore the Premises or any portion of the Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within sixty (60) days after the date on which Landlord has received the Completeness Estimate (defined below), such notice to include a lease termination date and a date for Tenant to vacate the Premises. Following an Occurrence that causes material damage to the Premises or the Project, Landlord shall, within 60 days of the date of the Occurrence, cause an architect or general contractor of reasonable qualification and experience to provide Landlord with a written estimate of the amount of time required to substantially complete the repair and restoration of the Project and make the Project tenantable again (including by describing the percentage of the Rentable Square Footage of the Project affected by the Occurrence), using standard working methods (the “Completeness Estimate”), and shall notify Tenant of the Completeness Estimate. Notwithstanding anything in this Lease to the contrary, Landlord may elect to terminate this Lease only if the Apartment Project shall be damaged by fire or other cause, whether or not the Premises are affected, if Landlord terminates all leases of similarly-situated tenants (and not as a subterfuge to void this Lease) within such 60 day period, and one or more of the following conditions is present: (i) the Completeness Estimate states that repairs cannot reasonably be completed within one hundred eighty (180) days after the Casualty Notification Date; (ii) the Occurrence occurs during the last year of the Term (irrespective of any option to renew this Lease, unless Tenant has exercised such option in accordance with the terms of this Lease or Tenant exercises such option in accordance with the terms of this Lease within ten (10) days after receipt of Landlord’s notice); (iii) subject to Section 20 below and Tenant’s termination right as provided later in this Section 8.1, the holder of any mortgage/deed of trust on the Building with respect to the Project shall require that a material portion of the insurance proceeds be applied towards retiring the mortgage/deed of trust debt; (iv) subject to Tenant’s termination right as provided later in this Section 8.1, a material portion of the damage is not insured by Landlord’s insurance policies; (v) pursuant to the Completeness Estimate, thirty-three percent (33%) or more of the Rentable Square Footage of the Project is unusable, unmarketable, damaged or destroyed by fire destroyed; or casualty to an extent that RESIDENT's enjoyment (vi) Landlord is prohibited from restoring the Building for office purposes under Applicable Law. If Landlord terminates this Lease, the Base Rent, Tenant’s Proportionate Share of increases in Operating Costs and Tenant’s recurring charges for use of the Apartment is Building’s parking facilities (collectively, “Periodic Rent”) shall be apportioned and paid to the date of termination (subject to abatement as provided below). To the extent Landlord undertakes the repair or restoration of the Project, such repair or restoration by Landlord shall be to substantially impaired the same condition of the base, shell, and core of the Premises and Common Areas prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws or any other modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of Comparable Buildings, provided that Landlord shall use reasonable efforts to minimize impairment with any access to the Premises and any Common Areas. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, if any insurance proceeds are payable to Tenant pursuant to Tenant’s insurance required under Section 9.1 of this Lease for items that do not belong to Tenant but instead are part of the Project (any Alterations shall be deemed part of the Project for such purposes) and Landlord has not terminated this Lease in accordance with the terms herein, Tenant shall, so Landlord can perform repairs can only in accordance with the terms herein, assign to Landlord (or to any party designated by Landlord) all such insurance proceeds payable to Tenant, and Landlord shall use the same to repair any injury or damage to such portions of the Project and shall return such portions of the Project to their condition prior to the Occurrence; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Landlord’s insurance carrier (if any, it being acknowledged that Landlord has no obligation whatsoever to carry any insurance with respect to such items) or Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall, subject to Tenant’s approval of the budget therefor (which approval shall not be accomplished unreasonably withheld), be paid by Tenant to Landlord prior to Landlord’s repair of the damage. In connection with any repairs and replacements to the Premises to be made by Tenant, Tenant shall, prior to the commencement of construction, submit to Landlord, for Landlord’s review and reasonable approval, all plans, specifications and working drawings relating thereto, and Landlord shall reasonably select the contractors to perform such improvement work. If the Completeness Estimate states that repairs cannot be completed within one hundred eighty (180) days after the Casualty Notification Date (or within 90 days after the Casualty Notification Date if RESIDENT vacates the ApartmentOccurrence takes place during the last year of the Term), either RESIDENT or OWNER may if any event addressed in Sections 8.1(iii) or (iv) above occurs and, as a result, Landlord will be unable to complete the applicable repairs within one hundred eighty (180) days after the Casualty Notification Date (or within 90 days after the Casualty Notification Date if the Occurrence takes place during the last year of the Term), Landlord shall notify Tenant of the same. In any such event, Tenant shall have the right, upon written notice delivered to Landlord no later than ten (10) business days after Tenant receives the Completeness Estimate, to terminate this Lease. RESIDENT may Tenant’s failure to so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENTsuch ten (10) business day period shall be deemed Tenant’s intention election not to terminate this LeaseLease with respect to such Occurrence. 8.2 If Landlord does not elect to terminate this Lease under the terms of Section 8.1, but the damage required to be repaired by Landlord is not repaired by the end of the 180 Day Period (as hereinafter defined) so that the Building (including all Common Areas and amenities) is substantially in accordance with industry standards applicable to Comparable Buildings (provided, that the Common Areas and amenities existing for the Building as of the Lease Date are hereby deemed to be in accordance with industry standards applicable to Comparable Buildings for purposes of this Section 8.2), then Tenant (subject to the terms of this Section 8.2), within thirty (30) days after the end of the 180 Day Period (or such right to terminate shall expire), may terminate this Lease by written notice to Landlord, in which case event this Lease terminates shall terminate as of the date of vacating; or if continued occupancy is lawful, Section 55-226 receipt of the Code of Virginia shall applynotice, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate Periodic Rent shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.be

FIRE OR CASUALTY DAMAGE. In the event of damage or distinction of the Demised Premises or a portion thereof by fire, enemy action, fire or any other casualty not due to the Apartment acts or omissions of Tenant, its agents, employees, invitees or visitors, then except as otherwise provided in Section 9.3, this Lease shall not be terminated, but structural damage the building in which Demised Premises, including demising partitions and doors, shall be promptly and fully repaired and restored as the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage case may be by RESIDENT; providedLandlord at its own cost and expense. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the Apartment control of Landlord. Restoration by Landlord shall not include replacement of Tenant’s Property or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment portion of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates Leasehold Improvements provided by Landlord as of the ApartmentCommencement Date above the building standard items as of the Commencement Date. If the items which Landlord provides as building standard items have changed since the Commencement Date then, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease at Landlord’s election, such restoration shall not include restoration of Leasehold Improvements in excess of those provided by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates Landlord as building standard as of the date of vacating; or if continued occupancy is lawfulsuch restoration. Tenant shall, Section 55-226 at its expense, repair, restore and replace Tenant’s Property and all elements of the Code Demised Premises excluded from the scope of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated Landlord’s duty to pay rent in accordance with such Section 55-226 unless this Lease is terminated under restore pursuant to this Section 149.2. Notwithstanding anything Tenant’s restoration replacement and repair work shall comply with Section 6 hereof and Tenant shall maintain adequate insurance on all such replacements, restoration and property pursuant to Section 8.5. In the contrary herein, if the event of fire or casualty damage to the Apartment or such building by fire or otherwise was Demised Premises caused by the deliberate fault, act or negligent act omission or neglect of RESIDENTTenant, or the its agents, servants, employees, visitors invitees or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingencyvisitors. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER Landlord may, in addition to but shall not be obligated to, restore all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause any portion of the damage described herein (which may or casualty, may not include the Demised Premises). It is agreed that in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as any of the date of the casualtyaforesaid events, this Lease shall continue in full force and effect.

FIRE OR CASUALTY DAMAGE. If the Premises, during the term of this Lease, is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of the damaged portion bears to the whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Regardless of the extent of damage by fire, enemy action, or other casualty to the Apartment Premises or any portion of the building in which the Apartment is locat­edPremises, OWNER shall repair the same with reasonable dispatch after Owner may also upon written notice of such damage by RESIDENT; provided, howeverimmediately terminate this Lease, if in Owner’s sole and absolute discretion, any repairs necessitated by any event would be either impractical or dangerous, if Xxxxxx continued to occupy the Apartment Premises. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the Premises extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that RESIDENT's enjoyment the Premises by Tenant’s willful or negligent acts, or those of the Apartment is substantially impaired Tenant’s family, agents, guests or required repairs can only be accomplished if RESIDENT vacates the Apartmentinvitees, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate Tenant shall remain liable for all amounts owed under this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by no fire or otherwise was caused by the deliberate or negligent act of RESIDENTdamage had occurred, or the agentsand in addition, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be fully liable for all amounts paid by Owner to cause the total rent during the unexpired term of this Lease (regardless of Premises to be repaired or restored, including any termination insurance deductible paid by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT Landlord or Owner and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to including all other remedies provided costs, expenses or fees, including reasonable attorney fees, paid or incurred by this Lease, Landlord or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. In the event case of damage to the Premises or the building of which the Premises are a part by fire, enemy action, or other casualty to the Apartment as is insurable under present or the building in which the Apartment is locat­edfuture standard forms of fire and extended coverage insurance policies, OWNER Landlord, unless it shall otherwise elect as hereinafter provided, shall repair the same with reasonable dispatch after written notice of damage. If the Premises, or any part thereof, are damaged by fire, enemy action, or other casualty to such damage an extent as to be rendered untenantable, but are, nevertheless, repaired by RESIDENT; providedLandlord, then the rent shall be abated to an extent corresponding with the time during which and the extent to which said Premises may have been untenantable. If such repairs, however, are delayed because of Tenant’s failure to adjust Tenant’s own insurance claim, no reduction shall be made beyond a reasonable time allowed for such adjustment. If the Landlord in its exclusive discretion, shall decide, within a reasonable time after the occurrence of any such fire, enemy action, or other casualty, to demolish, rebuild or reconstruct the building, then, upon at least thirty (30) days written notice given by Landlord to Tenant, this lease shall terminate on a date to be specified in such notice as if that date had been originally fixed as the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment expiration date of the Apartment is substantially impaired or required repairs can only Lease Term, and the rent shall be accomplished if RESIDENT vacates the Apartment, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates adjusted as of the date of vacating; or if continued occupancy is lawful, Section 55-226 time of the Code occurrence of Virginia any such fire, enemy action, or other casualty. Tenant shall apply, it being the intent give immediate notice to Landlord in case of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate other casualty or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination accidents to or apportionment defect in any fixtures or equipment of the building. Landlord, for itself and its insurers, hereby releases Tenant with respect to any liability (including that deriving from the fault or neglect of Tenant, assignees, sub-tenants, its agents, employees or other persons under its or their direction or control) which Tenant might otherwise have for any damage to the building or the Premises by fire, explosion, or any other perils covered by Landlord’s insurance, occurring during the Lease Term. Whenever Landlord elects to insure the Premises or the building against fire or other casualty with an insurance company selected by Landlord, Landlord shall cause all policies evidencing such insurance to include a provision permitting such release of liability if such a provision is obtainable from such insurer at no additional expense to Landlord. If such insurer will not include such a provision in said policy, or if the inclusion of such provision in such policy would involve an additional expense for Landlord, Landlord shall so advise Tenant within a reasonable time. Where such a provision is obtainable from such insurer and Tenant notifies Landlord in writing within a reasonable time thereafter the Tenant desires Landlord to cause such a provision to be made included in such policy at the expense of Tenant, Landlord shall cause such a provision to be included, and Tenant agrees to pay promptly all expenses incurred by Landlord as a result of such inclusion. In case Landlord shall fail to complete such repairs within ninety (90) days from the date of such damage, the casualtyTenant may at any time after such ninety (90) day period give Landlord thirty (30) days notice in writing of termination of this lease, then at the expiration of such thirty day period, this lease shall terminate as completely as if that were the date fixed for expiration of the term of this lease unless, Landlord shall have substantially completed repairs prior to the expiration of such thirty day period.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Xxxxxx’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT 45 Tenant 14 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Xxxxxxxx’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 7 and 8 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Xxxxxx’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.