Common use of FIRE OR CASUALTY Clause in Contracts

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.

FIRE OR CASUALTY. Tenant shall give immediate notice If on or prior to Landlord in case the Closing Date all or any material portion of the Existing Improvements are destroyed or damaged as a result of fire or accident any other casualty, Seller shall promptly give written notice thereof to Buyer, and Buyer shall have the right, at its sole option, of terminating this Agreement and being released from all liabilities and obligations hereunder, in which event the Deposit shall be refunded to Buyer, whereupon both Seller and Buyer shall be released from any and all further obligation and liability hereunder. Buyer shall deliver written notice of its election to Seller within five (5) calendar days after the date upon which Buyer receives written notice, or other otherwise learns, of such damage. If notice of such damage defects in or is received by Buyer and it fails to deliver written notice to Seller of its election, such failure shall be deemed an election by Buyer to complete the Apartment or the building and to any purchase of the fixtures or equipment thereinPremises under this Agreement. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same canBuyer does not be repaired with reasonable diligence within a period of sixty daysterminate this Agreement, or if Landlord Buyer does not have the right to terminate this Agreement, the proceeds of any insurance paid between the Agreement Date and the Closing Date, and any deductible under Seller’s casualty insurance policy for the Premises, shall decide not be paid to Buyer on the Closing Date, and Seller shall assign to Buyer all rights Seller has to any future insurance proceeds arising from such casualty, without in any manner affecting the Purchase Price. For the purposes of this paragraph, a material portion of the Existing Improvements shall be destroyed or damaged as a result of fire or any other casualty if the cost to repair or rebuild the same restore such damage exceeds $250,000.00. Seller shall have no obligation to repair or if Landlord shall decide to demolish the building or to convert it to other uses then and in restore any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term damaged portion of the Lease shall expire upon the third day after such notice is given Existing Improvements, and Tenant if Buyer elects to complete Closing, Buyer shall thereupon vacate and surrender accept the Apartment Existing Improvements subject to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of all such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkdestruction.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes cause beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty days, days or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur damage occurs give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given given, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may not be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes cause beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty days, days or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur damage occurs give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given given, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may not be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Tenant Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case In the event the Leased Premises are wholly or partially destroyed by fire or other casualty covered by the usual form of fire and extended coverage insurance rendering them untenantable, Landlord shall, except as otherwise provided in the last sentence of this paragraph, rebuild, repair, or accident or other damage defects in or restore the Leased Premises to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that substantially the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild condition as when the same or if Landlord shall decide were furnished to demolish the building or to convert it to other uses then Tenant, and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after remain in effect during such notice is given , and period. Tenant shall thereupon vacate bear the cost of any moving expenses incurred in moving its property and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned fixtures as a result of the date on which Tenant shall vacate and surrender the demised premisesany casualty. In the event of total destruction, gross rent shall xxxxx during the Apartment period of reconstruction, and in the event of partial destruction, such rent shall xxxxx pro rata during the period of reconstruction. In the event, however, that the building containing the Leased Premises is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion destroyed to the part extent of more than one-third of its replacement cost, Landlord may elect to terminate this Lease by notice to Tenant within sixty (60) days of the Apartment which may be usable until such time as the premises shall have been put into repaircasualty. If thirty-three percent (33%) or more of the Apartment or square footage of the building shall be Leased Premises is damaged or destroyed by fire or other cause resulting from casualty, Landlord shall provide Tenant with written notice of the estimated time to repair such damage, such notice to be given within thirty (30) days after the date of such casualty. If Landlord reasonably estimates that the time to repair will be more than one hundred fifty (150) days, or if in any negligent act or omission or breach event Landlord fails to repair the damage within one hundred fifty (150) days of any provision the date of such casualty (subject to force majeure), then in either event Tenant shall have the right to terminate this Lease by Tenantgiving Landlord written notice of termination within thirty (30) days after receipt of Landlord’s estimate, or within thirty (30) days after the expiration of the one hundred fifty (150) day period, as applicable. Tenant agrees to be responsible for its own property and any fire insurance policy carried by Tenant insuring its property located in or upon the Leased Premises shall contain a provision whereby the insurance carrier waives any right of subrogation against Landlord. Each party hereby mutually releases and waives any and all rights of subrogation against the other party which, in the absence of this release and waiver, would arise in favor of any insurance company insuring either party against loss by fire, extended coverage, casualty and loss of any other type, resulting from damage to or destruction of the building of which the Leased Premises form a part. Tenant agrees to comply with all rules and regulations of the Board of Fire Underwriters and the rules and regulations of the city, county, and state; provided that Tenant shall nevertheless not be liable required to Landlord for make any damage sustained by Landlord as a result thereof and exterior or structural alteration or addition to the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkbuilding.

FIRE OR CASUALTY. Tenant If the Premises or the Building (including machinery or equipment used in its operation) shall give immediate notice to Landlord in case of be damaged by fire or accident or other casualty and if such damage defects does not cause a termination of this Lease as described in or the following sentences, then Landlord shall repair and restore the damage with reasonable promptness, subject to the Apartment or the building reasonable delays for insurance adjustments and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged delays caused by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s reasonable control, but Landlord shall not be obligated to expend for repairing or restoring the damage an amount in excess of the proceeds of insurance recovered with respect to the damage. If in Landlord’s estimate the Apartment Premises cannot be restored within two hundred seventy (270) days from the date of such fire or casualty, then Landlord shall give notice to Tenant of such estimate within ninety (90) days after such fire or casualty. Tenant may elect in writing sixty (60) days following the building shall be damaged date of such notice from Landlord, time being of the essence, to terminate this Lease effective as of the date of Tenant’s notice. If any such causes damage (i) renders 25% of the Building untenantable or from any of them to (ii) renders general Building systems inoperable and such extent that the same systems cannot be repaired with in Landlord’s reasonable diligence estimate within a period two hundred seventy (270) days from the date of sixty dayssuch damage or (iii) occurs within the last Lease Year, or if Landlord shall decide not have the right to repair terminate this Lease as of the date of such damage upon written notice given to the Tenant at any time within one hundred twenty (120) days after the date of such damage. If (iii) above occurs or rebuild Landlord fails to restore the same or if Premises within one hundred eighty (180) days after the casualty, Tenant may terminate this Lease within thirty (30) days following the date upon which such termination rights was triggered. Landlord shall decide have no liability to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given Tenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease, by virtue of any delays in completion of such repairs and surrender the Apartment to Landlord forthwithrestoration. Annual Fixed Rent and additional rent, and in such casehowever, the rent shall be paid up to and apportioned as axxxx on those portions of the date on which Premises as are, from time to time, untenantable and, in fact, unoccupied by Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and of such damage. Notwithstanding anything to the making contrary herein set forth, Landlord shall have no duty pursuant to this Section 6.2 to repair or restore any portion of any necessary alterations, additions, installation or improvements in the Premises or the decoration thereto except to the extent that the proceeds of the insurance carried by Tenant are timely received by Landlord. If Tenant desires any other additional repairs or rebuilding restoration, and if Landlord consents thereto, it shall be done at Tenant’s sole cost and expense subject to all of the applicable provisions of the Lease. Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage whether carried by Landlord shall not constitute a waiver or Tenant, for damage to any alterations, addition, installation, improvements or decorations performed or installed by Tenant which would become the Landlord’s property upon the termination of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkLease.

FIRE OR CASUALTY. Tenant shall give immediate notice If the Leased Premises or Building are damaged by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord in case are adequate to fully pay the costs of fire or accident or other such repair and restoration, promptly repair the damage defects in or and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the Apartment or the building and to any occurrence of the fixtures or equipment thereincasualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the Apartment reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the building option to terminate this Lease by giving notice of termination to the other party, which notice shall be partially damaged given within thirty (30) days after the date of the casualty or given by fire, Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the damages shall be repaired by event Landlord repairs and at restores those portions of the expense of Landlord as soon as Leased Premises and Building which it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not is required to repair or rebuild restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or if Landlord shall decide destruction to demolish the building or to convert it to other uses Leased Premises occurs within one (1) year of the expiration of the then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the existing term of the Lease shall expire upon or if the third day after such notice damage or destruction to the Leased Premises or the Building is given so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, and either Landlord or Tenant shall thereupon vacate and surrender have the Apartment option to Landlord forthwith, and in such case, terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall be paid up to and apportioned as xxxxx from the date of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx casualty in proportion to the part impairment of the Apartment which may use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be usable until such time as liable for any inconvenience or interruption of the premises shall have been put into repair. If business of the Apartment or the building shall be damaged or destroyed Tenant occasioned by fire or other cause resulting from any negligent act or omission or breach of any provision of casualty. Notwithstanding anything to the contrary in this Lease by TenantLease, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of have no obligation to insure the claim of LandlordProject, the Leased Premises, the Building, or of its insurer by subrogationany portions thereof or any contents, against Tenant for damages. Landlord and Tenant agree that property or other items located thereon or therein, either presently or in the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkfuture.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to (a) If the Apartment Premises or the building and to any Building (including machinery or equipment used in the operation of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building Building) shall be damaged from by fire or other casualty and if such causes damage does not render all or from any a substantial portion of them to such extent that the same cannot be repaired Premises (in the case of the Premises, substantial shall mean 20% or more of the area of the Premises) or Building untenantable, then Landlord shall repair and restore the Premises (exclusive of tenant finishes and/or build-outs) or the core and shell of the Building with reasonable diligence within a period of sixty promptness (not to exceed one hundred twenty (120) days, subject, however, to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control). If any such damage renders all or if a substantial portion of the Premises or Building untenantable, Landlord shall decide not have the right to repair or rebuild terminate this Lease (with appropriate prorations of rent being made for Tenant's possession subsequent to the same or if Landlord shall decide date of such damage of those tenantable portions of the Premises) upon giving written notice to demolish the building or to convert it to other uses then and in Tenant at any such event, Landlord may time within sixty 60 days after such damages occur give Tenant notice the date of such decision damage; and thereupon the term of the Lease shall expire upon the third day after if such notice is given Landlord shall have no obligation to repair or restore. Landlord shall have no liability to Tenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease by virtue of any delays in completion of such repairs and surrender the Apartment to Landlord forthwithrestoration. Rent, and in such casehowever, the rent shall be paid up to and apportioned as xxxxx on those portions of the Premises as are, from time to time, untenantable as a result of such damage. Additionally, if Landlord has determined to repair or restore the Premises or Building as aforesaid, Landlord shall so notify Tenant within sixty (60) days after the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and ("Repair Notice"). The Repair Notice shall thereafter xxxxx in proportion to the part include Landlord's estimate of the Apartment which may be usable until time required to repair or restore. If such time as estimate is less than, or equal to, nine (9) months from the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach date of any provision of this Lease by Tenantsuch damage, Tenant shall nevertheless be liable have no right to terminate the Lease. However, if the repair estimate is greater than nine (9) months from the date of such damage, Tenant may terminate the Lease by providing Landlord for any damage sustained by Landlord as a result written notice thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver within ten (10) days after receipt of the claim of LandlordRepair Notice. If Tenant does not terminate the Lease and should Landlord be unable to complete the repairs within the nine (9) month repair period, or Tenant shall send notice of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree intent to cancel the Lease effective on the date that is 60 days after the agreement contained in this paragraph is an agreement made in place expiration of the provisions of Section 227 of nine month repair period (the Real Property Law of New York"Cancellation Effective Date"). Should Landlord complete the repairs before the Cancellation Effective Date, Tenant's notice to cancel shall be null and void and this Lease shall continue in full force and effect.

FIRE OR CASUALTY. In case of damage to the Demised Premises or the Building by fire or other casualty, Tenant shall give immediate notice thereof to Landlord. Landlord in case of fire or accident or other shall thereupon cause the damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceswith reasonable speed, due allowance subject to be taken into consideration for any delays delays, which may arise by reason of labor troublesadjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord. To the extent and for the time that the Demised Premises or portions thereof are thereby rendered untenantable, inability the rent shall proportionately xxxxx. Provided that there are sufficient insurance proceeds available to obtain labor or materialsfully repair such damage, Governmental ordersLandlord agrees to repair such damage unless any mortgagee, regulations and restrictionshaving the right to do so, delays in adjusting shall direct that the insurance loss or other causes beyond proceeds are to be applied to reduce the mortgage debt rather than to the repair of such damage (provided, however, that, Landlord agrees to request that the mortgagee apply such insurance proceeds to the repair of such damage and to use reasonable efforts to cause such insurance proceeds to be so applied, unless such mortgagee shall have succeeded to Landlord’s reasonable controlinterest in the Property by foreclosure or otherwise, in which event this parenthetical shall not apply). Landlord shall provide written notice to Tenant within sixty (60) days after Landlord is notified of the casualty as to whether the damage will be repaired in accordance with the foregoing provisions. If Landlord is not required to repair such damage hereunder and Landlord’s notice provides that Landlord will not repair the Apartment damage, then either Landlord or Tenant shall have the building right to terminate this Lease exercisable by written notice to the other party within thirty (30) days thereafter. In such event the Lease shall terminate as of the date specified in Landlord’s or Tenant’s notice (which shall not be more than ninety (90) days thereafter), and the rent (taking into account any abatement as aforesaid) shall be damaged from such causes or from any of them adjusted to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if termination date. e. If Landlord shall decide not is required to repair or rebuild the same Demised Premises (specifically excluding, however, Tenant’s furniture, trade fixtures, equipment and personal property, which shall be Tenant’s responsibility) or if elects to repair or rebuild in accordance with the last sentence of this Section, and such restoration is not completed within two hundred seventy days following the date of the casualty (subject, however, to delays caused by force majeure), then (unless such casualty shall have been caused by Tenant’s gross negligence or willful misconduct, in which event Tenant shall not have any right to terminate pursuant to this sentence) Tenant shall have the right to terminate this Lease by providing written notice thereof to Landlord within thirty (30) days after the expiration of such twelve month period. Thereafter, Tenant shall promptly vacate the Demised Premises. Notwithstanding the foregoing, in the event that any casualty shall occur during the final forty-five (45) months of the Term or any renewal thereof and the cost of repairing said damage exceeds $250,000, then Landlord shall decide have the right to demolish condition its obligation to repair, such damage (subject, nevertheless, to the building or conditions set forth in the third sentence of this Section 11) on: (i) Tenant waiving its right to convert it terminate the Lease pursuant to other uses then Section 38 hereof, and in any such event, Landlord may within sixty days after such damages occur give (ii) Tenant notice of such decision and thereupon extending the term of this Lease so that the Lease remaining term shall expire upon be at least five (5) years under the third day after such notice is given same terms and conditions set forth herein, and except that the rental rate for the extended portion of the term shall be the “fair market rent” as determined in accordance with Section 36 hereof. Tenant shall thereupon vacate provide Landlord with written notice as to whether Tenant agrees to waive its right to terminate and surrender to extend the Apartment term as aforesaid within 30 days after receipt of Landlord’s notice. If Tenant elects not to waive its right to terminate and to extend the term as aforesaid or fails to so advise Landlord forthwith, and within such thirty (30) day period (in such case, the rent which event Tenant shall be paid up deemed to have elected not to waive its right to terminate and apportioned as extend the term), then Landlord shall have the right, at its election by providing written notice to Tenant, to terminate this Lease (regardless of whether or not Landlord intends to rebuild) or to continue to recognize the date on Lease, in which Tenant shall vacate and surrender the demised premises. In the latter event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent Landlord shall be paid up required to time of such damage and shall thereafter xxxxx repair or rebuild in proportion to accordance with the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision foregoing provisions of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkSection.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to If the Apartment Premises or the building and to any of the fixtures Building (including machinery or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays used in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building its operation) shall be damaged from by fire or other casualty and if such causes damage does not render all or from any a substantial portion of them to such extent that the Premises untenantable, then Landlord shall repair and restore the same cannot be repaired with reasonable diligence within promptness. If any such damage renders all or a period substantial portion of sixty daysthe Premises or of the Building, or if untenantable, Landlord shall decide not to repair or rebuild with reasonable promptness after the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice occurrence of such decision damage estimate the length of time that will be required to substantially complete the repair and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time restoration of such damage and shall thereafter xxxxx by notice advise Tenant of such estimate. If such estimate is that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred, then Landlord shall have the right to terminate this Lease as of the date of such damage upon giving notice to Tenant at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing such estimate). Unless this Lease is terminated as provided in proportion the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, and also subject to zoning laws and building codes then in effect. Notwithstanding anything to the part contrary herein set forth, Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease, in the event such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy (270) days. Notwithstanding anything to the contrary herein set forth, Landlord shall have no duty pursuant to this Paragraph 11 to repair or restore any portion of the Apartment which may be usable until alterations, additions or improvements in the Premises or the decoration thereto except to the extent that such time as alterations, additions, improvements and decoration are included within the premises shall have been put into repairdefinition of "Work" (but not "Additional Work") in the Workletter attached hereto or otherwise agreed upon in writing by the parties. If Tenant wants any other or additional repairs or restoration and if Landlord consents thereto, the Apartment or the building same shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by done at Tenant, Tenant shall nevertheless be liable 's expense subject to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of all the provisions of Section 227 Paragraph 7 and 8 hereof. In the event any such damage not caused by act of neglect of Tenant, its agents or servants, renders the Premises untenantable and if this Lease shall not be cancelled and terminated by reason of such damage, then the rent (including Base Rent and Additional Rent) shall abate during the period beginning with the date of such damage and exxxxx with the date when the Premises are again rendered tenantable. Such abatement shall be in an amount bearing the same ratio of the Real Property Law total amount of New Yorkrent for such period as the untenantable portion of the Premises from time to time bears to the entire Premises.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Building or the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord's notice provides that the repairs to the Demised Premises shall require more than two hundred seventy (270) days to complete, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord's notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in case of fire or accident or other accordance with the foregoing sentence), Landlord shall thereupon cause the damage defects in or to the Apartment or the building (excepting, however, Tenant's furniture, fixtures, equipment and to any of the fixtures or equipment therein. If the Apartment or the building improvements, which shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance Tenant's responsibility to be taken into consideration for any delays which may arise by reason of labor troubles, inability restore) to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period speed, subject to delays beyond the reasonable control of sixty days, or if Landlord. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild the same rebuild, or if Landlord any mortgagee, having the right to do so, shall decide direct that the insurance proceeds are to demolish be applied to reduce the building or mortgage debt rather than to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the repair of such decision and thereupon the term damage, this Lease shall, be terminated effective as of the Lease shall expire upon date of casualty. To the third day after such notice is given , extent and Tenant shall thereupon vacate and surrender for the Apartment to Landlord forthwith, and in such casetime that the Demised Premises are rendered untenantable on account of fire or other casualty, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkproportionately xxxxx.

FIRE OR CASUALTY. Tenant shall give immediate notice If the Leased Premises or Building are damaged by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord in case are adequate to fully pay the costs of fire or accident or other such repair and restoration, promptly repair the damage defects in or and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the Apartment or the building and to any occurrence of the fixtures or equipment thereincasualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the Apartment reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the building option to terminate this Lease by giving notice of termination to the other party, which notice shall be partially damaged given within thirty (30) days after the date of the casualty or given by fire, Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the damages shall be repaired by event Landlord repairs and at restores those portions of the expense of Landlord as soon as Leased Premises and Building which it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not is required to repair or rebuild restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or if Landlord shall decide destruction to demolish the building or to convert it to other uses Leased Premises occurs within one (1) year of the expiration of the then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the existing term of the Lease shall expire upon or if the third day after such notice damage or destruction to the Leased Premises or the Building is given so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty percent (50%) or more of the replacement cost of either the Leased Premises or the Building, and either Landlord or Tenant shall thereupon vacate and surrender have the Apartment option to Landlord forthwith, and in such case, terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall be paid up to and apportioned as xxxxx from the date of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx casualty in proportion to the part impairment of the Apartment which may use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be usable until such time as liable for any inconvenience or interruption of the premises shall have been put into repair. If business of the Apartment or the building shall be damaged or destroyed Tenant occasioned by fire or other cause resulting from any negligent act or omission or breach of any provision of casualty. Notwithstanding anything to the contrary in this Lease by TenantLease, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of have no obligation to insure the claim of LandlordProject, the Leased Premises, the Building, or of its insurer by subrogationany portions thereof or any contents, against Tenant for damages. Landlord and Tenant agree that property or other items located thereon or therein, either presently or in the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkfuture.

FIRE OR CASUALTY. Tenant Paragraph 8 hereof notwithstanding, if the Premises or the Building (including machinery or equipment used in its operation) shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty (except fires or other casualties resulting from Tenant's fault or neglect) and if such damage defects in does not render all or a substantial portion of the, Premises or Building untenantable, then Landlord shall repair and restore the same with reasonable promptness, subject to the Apartment or the building reasonable delays for insurance adjustments and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged delays caused by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s 's reasonable control. If any such damage renders all or a substantial portion of the Apartment Premises or Building untenantable, Landlord shall have the building right to terminate this Lease as of the date of such damage (with appropriate prorations of the Premises) upon giving written notice to the Tenant at any time within sixty (60) days after the date of such damage. If any such damage renders all or more than fifty percent (50%) of the Premises untenantable and if such damage does not result from Tenant's fault or neglect, Tenant shall be damaged also have the right to terminate this Lease as of the date of such damage upon giving written notice to Landlord at any time within forty-five (45) days after the date of such damage. Unless this Lease is terminated as provided in the two preceding sentences and so long as such damage does not result from such causes Tenant's fault or from any of them to such extent that the same cannot be repaired neglect, Landlord shall proceed with reasonable diligence within a period of sixty dayspromptness to repair and restore the Premises, or if subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control. Landlord shall decide not have no liability to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given Tenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease by virtue of any delays in completion of such repairs and surrender the Apartment to Landlord forthwithrestoration. Rent, and in such casehowever, the rent shall be paid up to and apportioned as abate on those portions of the date on which Tenant shall vacate and surrender the demised premisesPremises as are, from time to time, uxxxxxntable as a result of such damage. In the event the Apartment Building is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause casualty resulting from Tenant's failure or neglect, Landlord shall have no obligation to repair or restore the Building or any negligent act or omission or breach of any provision of this Lease by Tenant, part thereof and Tenant shall nevertheless not be liable released from any of its obligations hereunder (including, without limitation, its duty to repair the Premises and its liability to Landlord for damages caused by such fire or other casualty.). Tenant hereby acknowledges that Landlord is under no obligation to insure Landlord's interest in the Premises or the Building. Notwithstanding anything to the contrary herein set forth, Landlord shall have no duty pursuant to this Section to repair or restore any damage sustained portion of the alterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration were provided by Landlord as a result thereof and Landlord, at Landlord's cost, at the making beginning of the Term. If Tenant wants any necessary other or additional repairs or rebuilding by restoration and if Landlord consents thereto, the same shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place be done at Tenant's expense subject to all of the provisions of Section 227 of the Real Property Law of New York8 hereof.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Building or the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord’s notice provides that the repairs to the Demised Premises are estimated to require more than two hundred seventy (270) days to complete, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord’s notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in case of fire or accident or accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant’s furniture, fixtures, equipment and other damage defects in or to personal property in, and all alterations and improvements performed by Tenant to, the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building Demised Premises, which shall be partially damaged by fire, the damages shall Tenant’s responsibility to restore) to be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceswith reasonable speed, due allowance subject to be taken into consideration for any delays which may arise by reason of labor troublesadjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, inability it being further understood that in such case this Lease shall remain in effect regardless of whether the actual time for completion of restoration shall differ from the initial estimate; provided, however, that if the actual repair time shall exceed two hundred seventy (270) days, subject to obtain labor or materialsForce Majeure, Governmental ordersthen Tenant shall have the option to terminate this Lease by giving Landlord sixty (60) days’ written notice of such election, regulations and restrictionsin the event such repairs are not completed during such sixty (60) day period then this Lease shall terminate on the date set forth in Tenant’s notice as if such date were the date set forth herein for the expiration of the Term of this Lease, delays in adjusting the insurance loss or other causes beyond Landlordhowever if such repairs are completed within such sixty (60) day period, then Tenant’s reasonable control. If the Apartment or the building termination notice shall be damaged from such causes or from any of them to such extent that the same cannull and void and this Lease shall remain in full force and effect. (The insurance deductible shall not be repaired with reasonable diligence within a period of sixty days, or if included in calculating whether sufficient funds are available.) In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild the same rebuild, or if Landlord any mortgagee, having the right to do so, shall decide direct that the insurance proceeds are to demolish be applied to reduce the building or mortgage debt rather than to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the repair of such decision and thereupon damage, this Lease shall, at the term option of the Lease shall expire upon the third day after such notice is given Landlord, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminated effective as of the date of casualty. To the extent and for the time that the Demised Premises are rendered untenantable on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time account of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenantcasualty, Tenant the Rent shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkproportionately xxxxx.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Building or the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord’s notice provides that the repairs to the Demised Premises are estimated to require more than two hundred seventy (270) days to complete, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord’s notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in case of fire or accident or accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant’s furniture, fixtures, equipment and other damage defects in or to personal property in, and all alterations and improvements performed by Tenant to, the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building Demised Premises, which shall be partially damaged by fire, the damages shall Tenant’s responsibility to restore) to be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceswith reasonable speed, due allowance subject to be taken into consideration for any delays which may arise by reason of labor troublesadjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays it being further understood that in adjusting such case this Lease shall remain in effect regardless of whether the insurance loss or other causes beyond Landlord’s reasonable controlactual time for completion of restoration shall differ from the initial estimate. If In the Apartment or event the building damage shall be damaged from such causes or from any of them to such extent so extensive that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same rebuild, or if Landlord any mortgagee, having the right to do so, shall decide direct that the insurance proceeds are to demolish be applied to reduce the building or mortgage debt rather than to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the repair of such decision and thereupon damage, this Lease shall, at the term option of the Lease shall expire upon the third day after such notice is given Landlord, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminated effective as of the date of casualty. To the extent and for the time that the Demised Premises are rendered untenantable on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time account of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenantcasualty, Tenant the Rent shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkproportionately xxxxx.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of If the Leased Premises are damaged by fire or accident or other damage defects in or casualty, Landlord will, subject to the Apartment or provisions of any Subordination, Non-disturbance and Attornment Agreement entered into pursuant to this Lease, Exhibit E attached hereto, promptly repair the building damage and to any restore the following portions of the fixtures or equipment thereinLeased Premises to their condition existing immediately prior to the occurrence of the casualty: the roof, load bearing walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the Apartment reasonable time for completing any such restoration or repair is longer than one hundred eighty (180) days, Tenant shall have the building option to terminate this Lease by giving notice of termination to the other party, which notice shall be partially damaged given within thirty (30) days after the date of the casualty or given by fire, Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred eighty (180) days. In the damages shall be repaired by event Landlord repairs and at restores those portions of the expense of Landlord as soon as Leased Premises which it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not is required to repair or rebuild restore pursuant to this Paragraph 14, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or if Landlord shall decide destruction to demolish the building or to convert it to other uses Leased Premises occurs within one (1) year of the expiration of the then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the existing term of the Lease or if the damage or destruction to the Leased Premises is so substantial that it has destroyed the Leased Premises to the extent of fifty per cent (50%) or more of the replacement cost of the Leased Premises, Tenant may either exercise any existing option to extend, in which event, Landlord shall expire upon the third day after such notice is given rebuild, and or either Landlord or Tenant shall thereupon vacate and surrender have the Apartment option to Landlord forthwith, and in such case, terminate the rent shall be paid up Lease by giving written notice to and apportioned as the other within thirty (30) days after the date of the casualty. The Base Rent shall xxxxx from the date on which Tenant shall vacate and surrender of the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx casualty in proportion to the part impairment of the Apartment which may use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored so they can be usable occupied by Tenant or until such time as the premises Lease is terminated in accordance with this Paragraph 14. The Landlord shall have been put into repair. If not be liable, regardless of cause, for any inconvenience or interruption of the Apartment or business of the building shall be damaged or destroyed Tenant occasioned by fire or other cause resulting from any negligent act or omission or breach of any provision of casualty. Notwithstanding anything to the contrary in this Lease by TenantLease, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of have no obligation to insure the claim of LandlordLeased Premises, or of its insurer by subrogationany portions thereof or any contents, against Tenant for damages. Landlord and Tenant agree that property or other items located therein, either presently or in the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkfuture.

FIRE OR CASUALTY. A. Paragraph 9 hereof notwithstanding, if the Premises or the access thereto (which term for purposes of this Paragraph 13 shall include Office Section corridors which provide access to the Premises, elevator or escalator service to the Premises and the garage, at least one pedestrian entrance to the Building which provides access to the elevators and such other access as shall be necessary to permit Tenant to conduct its business in the Premises) shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty and if such damage is not of such a character or other damage defects magnitude as would result in Landlord having a right to terminate under this Paragraph 13A, or if a right to terminate is available to either Landlord or Tenant but no termination is exercised, Landlord shall, subject to building and zoning laws then applicable, repair and restore the Premises to substantially the condition (exclusive of tenant improvements thereto to the Apartment or extent such tenants, including Tenant, are responsible therefor) thereof prior to the building casualty, and shall restore access to any of the fixtures or equipment therein. If Premises and Building systems to the Apartment or extent necessary to permit Tenant to operate its business in the building shall be partially damaged Premises, with reasonable promptness and subject to reasonable delays for insurance adjustments and delays caused by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s reasonable control. If the Apartment or the building , but shall be damaged from such causes or from any of them to such extent that the same cannot be repaired obligated to expend therefor an amount in excess of the proceeds of insurance recovered with reasonable diligence within a period of sixty daysrespect thereto plus the deductible under Landlord’s insurance, or if provided that such limitations shall not apply to the extent Landlord has not maintained all insurance required to be carried hereunder and unless diligently pursued all claims against its insurer. Landlord shall decide not have the right to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of terminate this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim giving notice of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that ’s election so to do not later than “Landlord’s Restoration Notice Date” (as hereinafter defined) in the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.following circumstances:

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to If the Apartment Building or the building and to any of the fixtures or equipment therein. If the Apartment or the building Premises shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be totally damaged or destroyed or rendered untenantable by fire or other cause resulting from at airy time during the first ten (10) Calendar Years of the Term, Landlord shall be obligated and shall proceed with reasonable diligence to repair the damage and restore and rebuild the Building and the Premises at its expense as promptly as reasonably practicable; provided, however, that Landlord shall not be required to repair or replace any negligent act property required to be insured by Tenant pursuant to Paragraph 11 B.(2). In the event Landlord is obligated pursuant hereto to restore and rebuild the Premises, or omission or breach of any provision of this Lease by Tenantportion thereof, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof of a fire or other cause, Landlord shall be obligated to restore or rebuild those portions of the improvements in the Premises or the affected portion thereof, which would be L property upon termination of the Lease to the condition they were in immediately prior to such d or destruction, except that the replacement items shall be new rather than used. If the Premises, or any portion thereof, shall be rendered untenantable as a result of fire or other cause, all Rents payable hereunder shall be equitably abated to the extent that the Premises shall have been rendered untenantable, such abatement to be for the period from the date of such damage or destruction to the Premises to the date the Premises are no longer untenantable. If, at any lime after the first ten (10) years Calendar Years of the Term, less than 50% of the Building shall be rendered untenantable by fire or other casualty, Landlord shall be obligated and shall proceed with reasonable diligence to repair the damage and restore and rebuild the Building and the making of any necessary repairs or rebuilding by Premises at its expense; provided, however, that Landlord shall not constitute a waiver be required to repair or replace any property required to be insured by Tenant pursuant to Paragraph 11 .B.(2). If, at any time after the first ten (10) Calendar Years of the claim Term, 50% or more of the Premises or the Building shall be rendered untenantable or inaccessible by fire or other casualty, Landlord shall notify Tenant within one hundred twenty (120) days after the date of such fire or other casualty of Landlord’s reasonable estimate for the amount of time from the date of such fire or other casualty necessary to make the required repairs and tender the Premises to Tenant (the “Rebuild Notice”). Provided Tenant is not in default hereunder (beyond any applicable cure period), or of its insurer by subrogationTenant may, against Tenant for damages. upon notice to Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place within thirty (30) days after Tenant’s receipt of the provisions Rebuild Notice, obligate Landlord to repair the damage and restore the Premises at Landlord’s e (the “Obligation Notice”) as promptly as reasonably practicable; provided, however, that Tenant’s Obligation Notice shall be effective only if at the time of Section 227 service of such notice, the Real Property Law of New York.following conditions (the Rebuild Conditions”) shall be satisfied:

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant Xxxxxx shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building Premises shall be damaged or destroyed by fire or other cause resulting casualty and if Lessor deems it not practical to repair, Lessor shall have the right to cancel this Lease. If Lessor elects to cancel this Lease for the reasons set forth in this Paragraph 26 during the Initial Period, then Lessee shall pay Lessor any unpaid obligations of the Lessee under the Lease including but not limited to taxes, insurance, maintenance, and utilities owing at the time of cancellation, to the extent such obligations exceed the Initial Period remaining rent credit calculated at the rate of $10,766.0 per month. If during the Initial Period, said option to cancel is not exercised by Lessor, or if the improvements shall be damaged or destroyed by fire or other casualty to the extent that they can be repaired or reconstructed within 120 days of such damage or destruction and if such damage or destruction occurs prior to the commencement of the last Lease year of the Initial Period and Lessor des not deem it impractical to repair, Lessor shall, as soon as reasonably possible, effect the required repairs and reconstruction of the Premises and to place them in substantially the same condition as existed immediately prior to such damage or destruction and for such time as said repairs or reconstruction are being made, rentals shall xxxxx from the date Lessee makes the entire Premises available to Lessor to effect such repairs and reconstruction, but only to the extent and in the proportion that the Premises are untenantable for the normal use thereof by Lessee. If, during any negligent act Period subsequent to the Initial Period, the Premises shall be damaged or omission destroyed by fire, and if Lessor deems it not practical to repair, Lessor shall have the right to cancel this Lease. If said option to cancel is not exercised by Lessor, or breach if the improvements shall be damaged or destroyed by fire or other casualty to the extent that they can be repaired or reconstructed within 120 days of any provision such damage or destruction and if such damage or destruction occurs prior to the commencement of the last Lease year of the renewal Period and Lessor does not deem it impractical to repair, Lessor shall, as soon as reasonably possible, effect the required repairs and reconstruction of the Premises and to place them in substantially the same condition as existed immediately prior to such damage or destruction and for such time as said repairs or reconstructions are being made, rentals shall xxxxx from the date Lessee makes the entire Premises available to Lessor to effect such repairs and reconstruction, but only to the extent and in the proportion that the Premises are untenantable for the normal use thereof by Lessee. Notice of cancellation pursuant to the terms of this Lease by Tenant, Tenant Paragraph 26 shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver given within thirty (30) days of the claim damage or destruction. Estimates of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement Period to rebuild shall be made in place of the provisions of Section 227 of the Real Property Law of New Yorkgood faith by Lessor.

FIRE OR CASUALTY. Tenant Cooperator shall give immediate notice to Landlord the Company in case of fire or accident or other damage or defects in or to the Apartment or the building Building and to any of the fixtures or equipment therein. If the Apartment or the building Building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord the Company as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlordthe Company’s reasonable control. If the Apartment or the building Building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty (60) days, or if Landlord the Company shall decide not to repair or rebuild the same or if Landlord the Company shall decide to demolish the building Building or to convert it to other uses then and in any such event, Landlord the Company may within sixty days (60) after such damages occur damage occurs give Tenant Cooperator notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given given, and Tenant Cooperator shall thereupon vacate and surrender the Apartment to Landlord the Company forthwith, and in such case, the rent carrying charges shall be paid up to and apportioned as of the date on of which Tenant Cooperator shall vacate and surrender the demised premisesApartment. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to the time of such damage and shall thereafter xxxxx in proportion proportioned to the part of the Apartment which may not be usable until such time as the premises Apartment shall have been put into repairrepaired. If the Apartment or the building Building shall be damaged or destroyed by fire or other cause resulting from any negligent negligence act or omission or breach of any provision of this Lease by TenantCooperator, Tenant Cooperator shall nevertheless be liable to Landlord the Company for any damage sustained by Landlord the Company as a result thereof and the making of any necessary repairs or rebuilding by Landlord the Company shall not constitute a waiver of the claim of Landlord, the Company or of its insurer by subrogation, against Tenant Cooperator for such damages. Landlord The Company and Tenant Cooperator agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of the State of New York.

FIRE OR CASUALTY. If the Premises or the Building or the Center (including machinery or equipment used in the operation of the Center) shall be destroyed or damaged by fire or other cause and if the Premises, the Building and the Center can be repaired and restored within two hundred seventy (270) days after such damage and sufficient insurance proceeds are made available to Landlord to repair such damage and restore the Premises, Building and Center, then Landlord shall, to the extent insurance proceeds are actually made available to Landlord for purposes of repair and restoration, repair and restore same with reasonable promptness; provided, however, that Landlord shall only be obligated to repair or restore any improvements made to the Premises (including, without limitation, the Tenant Improvements or any Alterations) to the extent that (i) Landlord paid for the initial construction of such improvements (either directly or through an allowance granted to Tenant), and (ii) Landlord receives the insurance proceeds related to such improvements under the insurance described in clause (b) of Section 17.2 hereof. Tenant agrees to execute all documents and take all actions necessary to make the insurance proceeds described in clause (ii) of the immediately preceding sentence available to Landlord for the repair and restoration of the Premises. Notwithstanding anything contained herein to the contrary, if the Premises or the Building are substantially damaged or destroyed during the last twelve (12) months of the Term, either Landlord or Tenant shall give immediate have the right to terminate this Lease as of the date of the fire or other casualty by giving notice to Landlord in case the other within thirty (30) days after the date of the fire or accident or other damage defects casualty, in or which event, Rent shall be apportioned on a per diem basis and paid to the Apartment date of such fire or casualty. Notwithstanding anything contained herein to the building contrary, if such damage renders the Premises untenantable in whole or in part and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall cannot reasonably be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence estored within a period of sixty two hundred seventy (270) days, or if sufficient insurance proceeds are not made available to Landlord shall decide not to for repair or rebuild the same restoration and Landlord elects to not obtain or provide alternative financing, or if Landlord shall decide elects to demolish the building Building or cease its operation, then either party shall have the right to convert it to other uses then cancel and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the terminate this Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant of such damage upon giving notice to the other party at any time within ninety (90) days after such damage shall vacate and surrender the demised premiseshave occurred. In the event any fire or casualty renders the Apartment is damaged to such an extent that is untenantable Premises untenantable, in whole or in part, rent and if this Lease shall not be paid up to time terminated by reason of such damage and damage, then Rent shall thereafter xxxxx in proportion to axxxx during the part period beginning with the date of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from casualty and ending with the date when the Premises are again rendered tenantable, by an amount bearing the same ratio to the total amount of Rent for such period as the untenantable portion of the Premises bears to the entire Premises. Notwithstanding anything contained herein to the contrary, if any negligent act fire or omission other casualty is caused by the negligence or breach willful misconduct of any provision of this Lease by TenantTenant or its agents or employees, Tenant shall nevertheless not be liable entitled to terminate this Lease on account of such fire or other casualty, and Rent shall only axxxx to the extent Landlord for any damage sustained by Landlord as a result thereof and actually recovers rent loss insurance proceeds specifically allocated to the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in Rent due under this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkLease.

FIRE OR CASUALTY. Tenant If the Premises shall give immediate notice to Landlord in case of be rendered untenantable by fire or accident or other damage defects in or to casualty during the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fireTerm, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty have 270 days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of from the date on which the Premises are rendered untenantable to make the Premises tenantable. Landlord shall have the right to utilize all insurance proceeds required for leasehold improvements as specified in Paragraph 20 of the Lease. If the Premises cannot, in the judgment of Landlord, be made tenantable within that time, Landlord shall, upon reaching such judgment, give notice to Tenant that the Premises cannot be made tenantable within 270 days. In such event either party may terminate this Lease by giving written notice of termination to the other party within 10 days after the giving of such notice by Landlord. Landlord shall vacate and surrender not be required to rebuild, repair or replace any part of the demised premisespartitions, fixtures or other improvements which may have previously been placed in the Premises by Xxxxxx. In the event of termination, Base Rent and Additional Rent shall be paid only to the Apartment is damaged date of the fire or casualty. During any time that the Premises are untenantable due to such an extent that is causes set forth in this Paragraph, Base Rent and Additional Rent shall be abated. Notwithstanding the foregoing, even if the Premises are not rendered untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of casualty, Landlord will have the right to terminate this Lease by Tenantupon 10 days’ prior written notice to Tenant if (i) the Building is substantially destroyed and Landlord decides not to restore it or to restore it in such a way as to materially alter the Premises, Tenant shall nevertheless be liable (ii) the insurance proceeds available to Landlord for to restore the Building are, in Landlord’s opinion, inadequate to do so or (iii) less than 12 months remains on this Lease at the time the restoration will be completed. Upon any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlordsuch termination, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that shall each be released from all further liability under this Lease accruing after the agreement contained effective termination date. Any insurance which may be carried by Landlord or Tenant against loss or damage in this paragraph is an agreement made in place the Building or the Premises shall be for the sole benefit of the provisions of Section 227 of the Real Property Law of New Yorkparty carrying such insurance and nothing herein contained shall require Landlord to carry insurance on Tenant’s contents.

FIRE OR CASUALTY. Tenant shall give immediate notice If the Leased Premises or Building are damaged by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord in case are adequate to fully pay the costs of fire or accident or other such repair and restoration, promptly repair the damage defects in or and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the Apartment or the building and to any occurrence of the fixtures or equipment thereincasualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the Apartment reasonable time for completing any such restoration or repair is longer than one hundred eighty (180) days, either party shall have the building option to terminate this Lease by giving notice of termination to the other party, which notice shall be partially damaged given within thirty (30) days after the date of the casualty or given by fire, Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred eighty (180) days. In the damages shall be repaired by event Landlord repairs and at restores those portions of the expense of Landlord as soon as Leased Premises and Building which it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not is required to repair or rebuild restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or if Landlord shall decide destruction to demolish the building or to convert it to other uses Leased Premises occurs within one (1) year of the expiration of the then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the existing term of the Lease shall expire upon or if the third day after such notice damage or destruction to the Leased Premises or the Building is given so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, and either Landlord or Tenant shall thereupon vacate and surrender have the Apartment option to Landlord forthwith, and in such case, terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall be paid up to and apportioned as xxxxx from the date of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx casualty in proportion to the part impairment of the Apartment which may use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be usable until such time as liable for any inconvenience or interruption of the premises shall have been put into repair. If business of the Apartment or the building shall be damaged or destroyed Tenant occasioned by fire or other cause resulting from any negligent act or omission or breach of any provision of casualty. Notwithstanding anything to the contrary in this Lease by TenantLease, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of have no obligation to insure the claim of LandlordProject, the Leased Premises, the Building, or of its insurer by subrogationany portions thereof or any contents, against Tenant for damages. Landlord and Tenant agree that property or other items located thereon or therein, either presently or in the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkfuture.

FIRE OR CASUALTY. Tenant Cooperator shall give immediate notice to Landlord the Company in case of fire or accident or other damage or defects in or to the Apartment or the building Building and to any of the fixtures or equipment therein. If the Apartment or the building Building shall be partially damaged damage by fire, the damages shall be repaired by and at the expense expenses of Landlord the Company as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlordthe Company’s reasonable control. If the Apartment or the building Building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty (60) days, or if Landlord the Company shall decide not to repair or rebuild the same or if Landlord the Company shall decide to demolish the building Building or to convert Convert it to other uses then and in any such event, Landlord the Company may within sixty (60) days after such damages occur damage occurs give Tenant Cooperator notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given given, and Tenant Cooperator shall thereupon vacate and surrender the Apartment to Landlord the Company forthwith, and in such case, the rent carrying charges shall be paid up to and apportioned as of the date on of which Tenant Cooperator shall vacate and surrender the demised premisesApartment. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion proportioned to the part of the Apartment which may not be usable until such time as the premises Apartment shall have been put into repairrepaired. If the Apartment or the building Building shall be damaged or destroyed by fire or other cause resulting from any negligent negligence act or omission or breach of any provision of this Lease by TenantCooperator, Tenant Cooperator shall nevertheless be liable to Landlord the company for any damage sustained by Landlord the Company as a result thereof and the making of any necessary repairs or rebuilding by Landlord the Company shall not constitute a waiver of the claim of Landlord, the Company or of its insurer by subrogation, against Tenant Cooperator for such damages. Landlord The Company and Tenant Cooperator agree that the agreement contained in this paragraph is an a agreement made in place of the provisions of Section 227 of the Real Property Law of the State of New York.

FIRE OR CASUALTY. Destruction of Tenant Owned Building. In the event of extensive damage (greater than fifty percent (50%)) to or destruction of buildings or other improvements on the Leased Premises owned by Tenant as provided in Section 6 of this Lease ("Tenant Improvements"), Tenant shall give immediate notice determine whether to Landlord in case of fire repair or accident or other damage defects in or to replace the Apartment or the building and to any of the fixtures or equipment thereinTenant Improvements. If it is determined to repair or replace the Apartment Tenant Improvements, the proceeds of any insurance policy paid on account of such damage or the building destruction shall be partially damaged by fire, used to defer the damages cost of repairing or replacing the Tenant Improvements. Tenant shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s complete all repairs within a reasonable controltime. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide it is determined not to repair or rebuild replace the same or if Tenant Improvements, Tenant may terminate this Lease upon written notice to Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty thirty (30) days after such damages occur give Tenant notice of such decision damage or destruction. If Tenant terminates this Lease pursuant hereto, after deducting any proceeds payable to Tenant's lender pursuant to the following paragraph, the remaining proceeds of any insurance policy paid on account of such damage or destruction shall be distributed to Landlord and thereupon Tenant pursuant to the term following formula: Landlord’s share shall be the product of the amount of the remaining proceeds multiplied by a fraction, the numerator which is the number of months since the commencement date of this Lease shall expire upon until the third day after date of the casualty causing such notice is given damage or destruction, and Tenant shall thereupon vacate the denominator of which is four hundred and surrender the Apartment to Landlord forthwith, and in such case, the rent twenty (420). Tenant's share shall be paid up to and apportioned as the excess of the date on which Tenant shall vacate and surrender remaining proceeds after subtracting the demised premisesLandlord’s share. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part termination of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of Lease pursuant to this Lease by TenantSection 33 (e) (l), Tenant shall nevertheless be liable remove the Tenant Improvements and, restore the Landlord owned building to Landlord for any damage sustained by Landlord as a result thereof its prior condition at Tenant's sole cost and expense prior to the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver termination of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkLease.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Buildings or the Demised Premises is damaged or destroyed by fire or other casualty, then, within thirty (30) days after the date that Landlord receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord's notice provides that the repairs to the Demised Premises shall require more than one hundred eighty (180) days from the date of such fire or casualty to complete, or if Landlord fails to provide such notice within said thirty (30) days, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord's notice, in case which event this Lease shall be deemed terminated as of the date of such fire or accident casualty. In the event that Landlord elects to repair or other rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage defects in or to the Apartment or the building (excepting, however, Tenant's furniture, fixtures, equipment and to any of the fixtures or equipment therein. If the Apartment or the building improvements, which shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance Tenant's responsibility to be taken into consideration for any delays which may arise by reason of labor troubles, inability restore) to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence speed. If Landlord fails to complete such repairs within a period of sixty said one hundred eighty (180) days, Tenant may terminate this Lease by providing written notice to Landlord, in which event this Lease shall be deemed terminated as of the date of such fire or if casualty. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild the same rebuild, or if Landlord any mortgagee, having the right to do so, shall decide direct that the insurance proceeds are to demolish be applied to reduce the building or mortgage debt rather than to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the repair of such decision and thereupon the term damage, this Lease shall be terminated effective as of the Lease shall expire upon date of casualty. To the third day after such notice is given , extent and Tenant shall thereupon vacate and surrender for the Apartment to Landlord forthwith, and in such casetime that the Demised Premises are rendered untenantable or inaccessible on account of fire or other casualty, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkproportionately xxxxx.

FIRE OR CASUALTY. Tenant If either the Premises (including machinery or equipment used in its operation) shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty and if such damage does not, in the reasonable judgment of Landlord, render all or other damage defects in or a substantial portion of the Premises untenantable, then Landlord shall, subject to the Apartment limitations set forth below, repair or the building restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged Work and delays caused by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s 's reasonable control. If Landlord shall not be obligated to expend in repairs and restoration an amount in excess of the Apartment or the building shall be damaged from such causes or from any proceeds of them insurance recovered with respect to such extent that casualty. If any such damage renders all or a substantial portion of the same cannot be repaired with reasonable diligence within a period of sixty daysPremises untenantable, or if Landlord shall decide not have the right to repair or rebuild terminate this Lease as of the same or if date of such damage (with appropriate prorations of Rent being made for Tenant's possession after the date of such damage of any tenantable portions of the Premises) upon giving written notice to Tenant at any time within 120 days after the date of such damage. Landlord shall decide have no liability to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given Tenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease by virtue of any delays in completion of repairs and surrender the Apartment restoration. However, Minimum Rent shall xxxxx as to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as those portions of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged Premises as are, from time to such an extent that is time, untenantable in whole or in part, rent shall be paid up to time as a result of such damage until Landlord shall have completed the repairs and shall thereafter xxxxx in proportion restoration required of Landlord hereunder. Landlord's duty to repair the Premises is limited to repairing those parts of the Premises that were provided by Landlord at Landlord's cost at the beginning of the Term pursuant to the part Work Letter. Tenant shall repair all improvements to the Premises installed by Tenant and all Alterations at the sole cost and expense of the Apartment which may be usable until such time as the premises shall have been put into repairTenant. If the Apartment Tenant desires any other or the building additional repairs or restoration and if Landlord consents thereto, such repair or restoration shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by done at Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof 's sole cost and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained expense in this paragraph is an agreement made in place of accordance with the provisions of Section 227 7 hereof. Tenant acknowledges that Landlord shall be entitled to the full proceeds of the Real Property Law of New Yorkany insurance coverage, whether carried by Landlord or Tenant, for damage to those items or decorations provided by Landlord either directly or through an allowance to Tenant, which Landlord is obligated to repair.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed Property by fire or other cause resulting from casualty prior to the Closing Date, Seller shall promptly notify Purchaser of such fire or other casualty. If the fire or other casualty causes damage which would cost in excess of $1,000,000 to repair (as determined by a licensed engineer or architect retained by Purchaser in good faith), or permit any negligent act tenant under a Lease to terminate its Lease, then Purchaser may elect, by written notice to be delivered to Seller on or omission before the sooner of (i) the twentieth (20th) day after Purchaser’s receipt of such notice or breach (ii) the Closing Date, to either: (a) close the transaction contemplated by this Agreement, in which event all insurance proceeds received prior to Closing shall be retained by the Company and deemed part of the Property to be transferred at Closing and Purchaser shall be entitled to a credit in the amount of any provision applicable deductibles or expended by Seller or the Company solely in connection with the repair or replacement of the Property following such casualty, or (b) terminate this Agreement, and receive a return of the Xxxxxxx Deposit in which case the parties hereto shall have no further obligations hereunder (except for obligations that are expressly intended to survive the termination of this Agreement). If the damage to the Property by fire or other casualty prior to the Closing Date would cost $1,000,000 or less to repair (as determined by a licensed engineer or architect retained by Purchaser in good faith) and not permit any tenant under a Lease to terminate its Lease, Purchaser shall not have the right to terminate its obligations under this Agreement by Tenantreason thereof, Tenant and Seller shall nevertheless have the right to elect to either repair and restore the Property to the condition that existed before such damage if such repair or restoration may be liable completed prior to Landlord for any damage sustained the Closing Date, but if Seller does not do so prior to Closing, then all insurance proceeds received prior to Closing shall be retained by Landlord as the Company and deemed part of the Property to be transferred at Closing and Purchaser shall be entitled to a result thereof and credit in the making amount of any necessary repairs or rebuilding by Landlord applicable deductibles. For purposes of this Section 11, the term “Property” shall not constitute a waiver of be limited to and refer only to the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord Land and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkImprovements.

FIRE OR CASUALTY. Tenant It is agreed that if, during the continuance of this Lease, the Leased Premises shall give immediate notice to Landlord in case of be so damaged by fire or accident other casualty, not arising from the fault or other damage defects in or to the Apartment or the building and to any negligence of the fixtures TENANT, or equipment therein. If the Apartment or the building shall be partially damaged by firethose in its employ, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent so that the same cannot Leased Premises shall thereby be repaired with reasonable diligence within a period of sixty daysrendered untenantable, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent herein reserved, or a just and proportionate part thereof, according to the nature and extent of the damage which has been sustained, shall be abated until the Leased Premises shall have been duly repaired and restored, which work of repair and restoration shall be done with all reasonable diligence; provided however, that should Tenant be in default at the time same occurs LANDLORD shall have no such obligation. LANDLORD's obligation to repair and restore shall be limited to a basic building and the replacement of any interior work which may have been installed at LANDLORD's cost. In no event in the case of any such destruction shall LANDLORD be required to repair or restore TENANT's stock in trade, leasehold improvements, fixtures, furnishings, or floor coverings and equipment. In the case the Project shall be destroyed so that the Leased Premises are not restorable within one hundred twenty (120) days in the sole judgment of the LANDLORD, LANDLORD shall have the right to cancel this Lease and end the Term hereof, and in case of such cancellation, the rent, and any other monies due and owing to LANDLORD, shall be paid up by TENANT to and apportioned as of the date on which Tenant TENANT vacates the Leased Premises, and all further obligations upon the part of either party hereto shall vacate cease, and surrender the demised premisesestate hereby created shall thereupon terminate. In the event the Apartment is Leased Premises are damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act casualty during the last year of the Term of the Lease to an extent which renders the Leased Premises untenantable, the LANDLORD may, at LANDLORD's option, within thirty (30) days following the day of such fire or omission or breach other casualty, immediately terminate this Lease and be relieved of any provision of this Lease by Tenant, Tenant shall nevertheless be liable obligation to Landlord for any damage sustained by Landlord as a result thereof and rebuild or repair the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkLeased Premises.

FIRE OR CASUALTY. Tenant If the Premises or any part of the Building shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty and if such damage does not render all or other damage defects in a substantial portion of the Premises or the 'Building untenantable (and for purposes of this Article 24, the Premises shall be deemed untenantable if there is (i) a substantial impairment of the reasonable means of access thereto or (ii) substantial impairment of reasonable means of access to the Apartment Antennae on the Roof or the building and damage to any a substantial portion of the fixtures or equipment therein. If Antennae on the Apartment or Roof which materially adversely impairs Tenant Is ability to conduct business in the building Premises), then Landlord shall be partially damaged by fireproceed to repair and restore the Building Systems (including the Building Systems in the Premises) and the reasonable means of access to the Premises with reasonable promptness, given the damages shall be repaired by and at nature of the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance damage to be taken into consideration repaired, subject to reasonable delays for any insurance adjustments and delays which may arise caused by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s reasonable 's control. If any such damage renders all or a substantial portion of the Apartment Premises or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired Building untenantable, Landlord shall, with reasonable diligence promptness after the occurrence of such damage, but in all events within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty forty-five (45) days after such damages occur damage occurred, obtain, at no cost to Tenant, an opinion of an independent architect, engineer or other qualified licensed professional, estimating the length of time will be required to complete the repair and restoration of the Building Systems (including the reasonable means of access to the Premises) and the Tenant Responsible Premises (stating separate estimated time periods for the repair and restoration of the Building Systems, including those in the Premises, and the repair and restoration of the Tenant Responsible Premises) and by written notice advise Tenant of such estimate (such notice being referred to herein as the "Repair Estimate Notice"). If it is so estimated that the amount of time required to substantially complete such repair and restoration of both the Building Systems (including those in the Premises and the reasonable means of access to the Premises) and the Tenant Responsible Premises will exceed one hundred eighty (180) days, then either Landlord or Tenant (but as to Tenant, only if all or a substantial portion of the Premises are rendered untenantable) shall have the right to terminate this Lease as of the date of such damage upon giving notice to the other at any time within twenty (20) days after Landlord delivers the Repair Estimate Notice to Tenant (it being understood that Landlord may, if it elects to do so, also give Tenant such notice of termination together with the Repair Estimate Notice). Notwithstanding the foregoing, if such decision and thereupon the term damage renders untenantable a substantial portion of the Building but does not render untenantable a substantial portion of the Premises, Landlord shall not have the right to terminate this Lease on account of such damage, unless Landlord elects generally to terminate all leases in the Building which Landlord is entitled to terminate on account of such damage or Landlord elects to demolish all or a substantial portion of the Building, and any such termination of this Lease shall expire upon be effective as of a date, specified by Landlord, not less than sixty (60) days after the third day after delivery of such notice termination notice. Unless this Lease is given terminated as provided in the preceding paragraph, Landlord shall proceed with reasonable promptness to repair and restore the Building Systems, including Building Systems in the Premises and the reasonable means of access to the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, and also subject to zoning laws and applicable building codes then in effect. when the repair and restoration of the Building Systems is completed to a degree making the Premises suitably available for Tenant's repair and restoration of the Tenant Responsible Premises, Tenant shall proceed with reasonable promptness to repair and restore the Tenant Responsible Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Tenant's reasonable control and applicable building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease (except as hereinafter provided) if such repair and surrender restoration of the Apartment Building Systems is not in fact completed within the time period specified in the Repair Estimate Notice. If the Building Systems are not repaired and restored by the number of days equal to Landlord forthwithone hundred fifty percent (150%.) of the number of days specified in the Repair Estimate Notice for completion of the repair and restoration of the Building Systems, and in measured from the date of delivery of the Repair Estimate Notice (provided, however, such case, the rent shall number of days may be paid extended up to an additional one hundred twenty (120) days due to Force Majeure events), then either party (but as to Landlord, only if Landlord has diligently commenced and apportioned pursued such repair and restoration) may terminate this Lease, effective as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act casualty, by written notice to the other party delivered not later than thirty (30) days after the expiration of said period but prior to substantial completion of such repair or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkrestoration.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to A. Paragraph 9 hereof notwithstanding, if the Apartment Premises or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building access thereto shall be damaged from by fire or other casualty and if such causes damage does not render all or from any a material portion of them the Premises untenantable and if the Premises, the Office Section or the Building are not substantially damaged (as hereinafter defined), then Landlord shall, subject to building and zoning laws then applicable, repair and restore the same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, but shall not be obligated to expend therefor an amount in excess of the proceeds of insurance recovered with respect thereto. If all or a material portion of the Premises are rendered untenantable by fire or other casualty, or if the Premises, the Office Section or the Building are substantially damaged by fire or other casualty (the term "substantially damaged" meaning damage of such extent a character that the same cannot not, in ordinary course, reasonably be expected to be repaired with reasonable diligence within a period of sixty daysninety (90) days from the time that repair work would commence), or if then, in either such case, Landlord shall decide have the right to terminate this Lease by giving notice of Landlord's election so to do not later than one hundred twenty (120) days after Landlord has ascertained all information required by Landlord to determine whether or not to repair or rebuild terminate this Lease, including without limitation the amount of insurance proceeds which are available to Landlord for restoration. In the event Landlord gives such termination notice, this Lease shall terminate (with appropriate proration(s) of Rent being made for Tenant's possession of the tenantable portion of the Premises after the date of such damage) as of the date specified in such notice (but in no event sooner than thirty (30) days after the date of such notice) with the same or force and effect as if the date specified were the date originally established as the expiration date hereof Landlord shall decide have no liability to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given Tenant, and Tenant shall thereupon vacate and surrender the Apartment not be entitled to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of terminate this Lease by Tenantvirtue of any delays in completion of such repairs and restoration. Further, Tenant in the event this Lease is not terminated, Landlord shall nevertheless not be liable obligated to Landlord restore any portion of the Office Section or the Building outside of the Premises which is not necessary for any damage sustained by Landlord reasonable access to and egress from the Premises. Except as otherwise provided below, Rent shall abate on those portions of the Premxxxx as are, from time to time, untenantable as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorksuch damage.

FIRE OR CASUALTY. Tenant If the Leased Premises shall give immediate notice to Landlord in case of be made untenantable by fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by firecasualty, the damages shall be repaired by and at the expense of Landlord as soon as Landlord, if it can reasonably be done under the circumstancesso elects, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon (A) Terminate the term of the Lease shall expire upon the third day after such notice is given this Lease, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned effective as of the date on of such fire or casualty, by written notice given to Tenant within thirty (30) days after such date, or (B) repair, restore, or rehabilitate said Leased Premises at Landlord's expense within six (6) months after the date of such fire or casualty, in which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged term hereof shall not terminate but any fixed rent herein reserved shall be abated on a per diem basis while the Leased Premises shall remain untenantable. If Landlord elects to so repair, restore or rehabilitate said Leased Premises and shall fail to substantially complete the same within said six (6) month period, due allowance being made for delay due to practical impossibility, either Landlord or Tenant, by written notice to the other, given within fifteen (15) days next following the last day of said six (6) month period, may terminate the term hereof pursuant to this Paragraph, guaranteed rent, if any, reserved hereunder shall be apportioned on a per diem basis and paid to the date of such an extent that is untenantable in whole fire or in partcasualty and percentage rent, rent if any, shall be paid up to time the date of termination. The right of termination herein provided is separate and independent of any other provisions of this Lease relative to termination. The foregoing notwithstanding, if during the last two (2) years of the existing term, the Leased Premises shall be damaged to the extent of more than 25% of the reasonable value of the improvements above foundation and floor, Landlord shall not be obligated to repair and replace said premises unless Tenant, within thirty (30) days after demand by Landlord, extends said Lease for the period of any renewal term then authorized, and if there be no such term authorized, Landlord shall not be obligated to make such repairs, but may, at is election to be exercised within sixty (60) days after date of such damage damages, cancel and shall thereafter xxxxx in proportion to the part terminate this Lease effective as of the Apartment which may be usable until date of such time as the premises shall have been put into repairdamages. If the Apartment or Lease is terminated by the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable pursuant to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.this Paragraph, Landlord shall have no further obligations to

FIRE OR CASUALTY. Tenant A. Section 7 hereof notwithstanding, if the Premises or the Building (including machinery or equipment used in its operation) shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty and if such damage does not render all or other damage defects in or to the Apartment or the building and to any a substantial portion of the fixtures Premises or equipment therein. If Building untenantable, then Landlord shall repair and restore the Apartment or the building shall be partially damaged same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters -16- beyond Landlord’s 's reasonable control. If the Apartment or the building shall be damaged from any such causes or from any of them to such extent that the same candamage is uninsured and not be repaired with reasonable diligence within a period of sixty dayscovered by customary fire and extended coverage insurance, or if Landlord shall decide not have the right to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the terminate this Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which of such damage (with appropriate prorations of Rent being made for Tenant's possession subsequent to the date of such damage of those tenantable portions of the Premises) upon giving written notice to the Tenant shall vacate at any time within ninety (90) days after the date of such damage. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, within forty-five (45) days after the occurrence of such damage and surrender in good faith, estimate the demised premises. In length of time that will be required to substantially complete the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time repair and restoration of such damage and shall thereafter xxxxx in proportion by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days with respect to damage to the part Building (or one hundred eighty (180) days with respect to damage to the Premises) from the date such damage occurred, then either Landlord or Tenant shall have the right to terminate this Lease as of the Apartment which date of such damage upon giving notice to the other at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease, by virtue of any delays in completion of such repairs and restoration; provided, however, that Rent shall xxxxx on those portions of the Premises as are, from time to time, untenantable as a result of such damage. Notwithstanding the foregoing, in the event Landlord has promptly commenced and is diligently proceeding in good faith to complete the work required of it hereunder but is unable to substantially complete such work within the time period estimated by Landlord, and if Landlord shall not have substantially completed such work within an additional sixty (60) day period (plus such additional time as may be usable until required due to strikes, acts of God, shortages of labor or materials or other reasons beyond Landlord's reasonable control), Tenant shall upon expiration of such time additional sixty (60) day period (as it may be extended, as aforesaid) have the premises shall have been put into repairright to terminate this Lease upon delivery of written notice to Landlord of such termination on or before the earlier of (a) the date of substantial completion of such work or (b) fifteen (15) days following expiration of such sixty-day period (as it may be extended, as aforesaid). If the Apartment or the building shall be damaged or destroyed any damage by fire or other cause resulting from any negligent act or omission or breach casualty occurs within one (1) year of any provision the Termination Date of this Lease by and renders the Premises unusable for Tenant's particular business use, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord and as a result thereof and Tenant ceases to conduct business in the making of any necessary repairs or rebuilding by Landlord Premises, Tenant shall not constitute a waiver also have the right to terminate this Lease as of the claim date of Landlord, or such damage upon giving written notice to Landlord at any time within forty-five (45) days after the date of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorksuch damage.

FIRE OR CASUALTY. Tenant If the Premises or the Building (including machinery and equipment used in its operation) shall give immediate notice to Landlord in case of be destroyed or damaged by fire or accident other casualty and if the Premises or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall Building may be repaired by and at restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration repairs for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s its reasonable control. If , including without limitation, adjustments on insurance policies), after such damage then Landlord shall have the Apartment or the building shall be damaged from such causes or from any of them option to such extent that (a) repair and restore the same cannot be repaired with reasonable diligence within a period of sixty days, promptness; or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide (b) elect to demolish the building Building or to convert it to other uses then and cease its operation, in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the which event this Lease shall expire upon the third day after such notice is given , automatically be cancelled and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminated as of the date on which Tenant shall vacate and surrender the demised premisesof such damage. In the event any such damage not caused by the Apartment act or neglect of Tenant, its agents, servants, employees, guests, licensees or invitees renders the Premises untenantable and if this Lease shall not be cancelled and terminated by reason of such damage, then rent shall abatx xxxing the period beginning with the date of such fire or other casualty and ending with the date Landlord's work is damaged substantially completed, abatement to be in an amount bearing the same ratio to the total amount of rent for such an extent that period as the untenantable portion of the Premises bears to the entire Premises. Landlord's work shall not include, and Landlord shall have no duty relating to, the repair or restoration of Tenant's fixtures or tenant improvements (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is untenantable leased to, or occupied by, Tenant), including, but not limited to, special wall and floor coverings, special lighting fixtures, built-in cabinets and bookshelves and glass demising walls. If such damage renders the Premises untenantable, in whole or in part, rent and if, in Landlord's judgment, such damage cannot reasonably be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the repairs for causes beyond its reasonable control, including without limitation, adjustments on insurance policies), either party shall be paid up have the right to time cancel and terminate this Lease as of the date of such damage, provided, however, that Tenant may not elect to terminate this Lease if such damage and shall thereafter xxxxx in proportion to was caused by the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.neglect of

FIRE OR CASUALTY. Tenant Paragraph 8 hereof notwithstanding, if the Premises or the Building (including machinery or equipment used in its operation) shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty and if such damage does not render all or other damage defects in or to the Apartment or the building and to any a substantial portion of the fixtures Premises or equipment therein. If Building untenantable, then Landlord shall repair and restore the Apartment or the building shall be partially damaged same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s 's reasonable control. If any such damage renders all or a substantial portion of the Apartment Premises or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty daysBuilding untenantable, or if Landlord shall decide not have the right to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the terminate this Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion (with appropriate prorations of Rent being made for Tenant's possession subsequent to the part date of such damage of those tenantable portions of the Apartment which may be usable until Premises) upon giving written notice to the Tenant at any time within sixty (60) days after the date of such time as the premises shall have been put into repairdamage. If any such damage renders all or more than fifty percent (50%) of the Apartment Premises untenantable Tenant shall also have the right to terminate this Lease as of the date of such damage upon giving written notice to Landlord at any time within forty-five (45) days after the date of such damage. Unless this Lease is terminated as provided in the two preceding sentences and Landlord shall proceed with reasonable promptness to repair and restore the Premises, subject to reasonable delays for insurancee adjustments and delays caused by matters beyond Landlord's reasonable control. Rent, however shall abatx xx those portions of the Premises as are, from time to time, untenantable as a result of such damage. 9 31 Notwithstanding the contents of this paragraph, Landlord shall use its best efforts and diligence to rebuild the Premises after any fire or casualty; if the building shall be Building is damaged or destroyed by fire or other cause resulting casualty and Landlord chooses not to rebuild, Landlord shall provide Tenant notice within 30 days of said fire or casualty of Landlord's decision; if Landlord chooses to rebuild, it shall use its best efforts and diligence to complete the restoration as quickly as possible. If said restoration is not completed within 180 days from any negligent act or omission or breach date of any provision of this Lease by Tenantinception, Tenant shall nevertheless be liable have the right to terminate this Lease and all obligations hereunder. Tenant hereby acknowledges that Landlord for is under no obligation to insure Landlord's interest in the Premises or the Building, except as provided herein. Notwithstanding anything to the contrary herein set forth, Landlord shall have no duty pursuant to this Section 12 to repair or restore any damage sustained portion of the alterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration were provided by Landlord as a result thereof and Landlord, at Landlord's cost, at the making beginning of the Term. If Tenant wants any necessary other or additional repairs or rebuilding by restoration and if Landlord consents thereto, the same shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place be done at Tenant's expense subject to all of the provisions of Section 227 of the Real Property Law of New York8 hereof. 13.

FIRE OR CASUALTY. Tenant If the Premises or the Building (including machinery and equipment used in its operation) shall give immediate notice to Landlord in case of be destroyed or damaged by fire or accident other casualty and if the Premises or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall Building may be repaired by and at restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration repairs for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s its reasonable control. If , including without limitation, adjustments on insurance policies), after such damage then Landlord shall have the Apartment or the building shall be damaged from such causes or from any of them option to such extent that (a) repair and restore the same cannot be repaired with reasonable diligence within a period of sixty days, promptness; or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide (b) elect to demolish the building Building or to convert it to other uses then and cease its operation, in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the which event this Lease shall expire upon the third day after such notice is given , automatically be cancelled and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminated as of the date on which Tenant shall vacate and surrender the demised premisesof such damage. In the event any such damage not caused by the Apartment act or neglect of Tenant, its agents, servants, employees, guests, licensees or invitees renders the Premises untenantable and if this Lease shall not be cancelled and terminated by reason of such damage, then rent shall abatx xxxing the period beginning with the date of such fire or other casualty and ending with the date Landlord's work is damaged substantially completed, abatement to be in an amount bearing the same ratio to the total amount of rent for such an extent that period as the untenantable portion of the Premises bears to the entire Premises. Landlord's work shall not include, and Landlord shall have no duty relating to, the repair or restoration of Tenant's fixtures or tenant improvements (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is untenantable leased to, or occupied by, Tenant), including, but not limited to, special wall and floor coverings, special lighting fixtures, built-in cabinets and bookshelves and glass demising walls. If such damage renders the Premises untenantable, in whole or in part, rent and if, in Landlord's judgment, such damage cannot reasonably be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the repairs for causes beyond its reasonable control, including without limitation, adjustments on insurance policies), either party shall be paid up have the right to time cancel and terminate this Lease as of the date of such damage, provided, however, that Tenant may not elect to terminate this Lease if such damage and shall thereafter xxxxx was caused by the act or neglect of Tenant, its agents, servants, employees, guests, licensees or invitees. Any right to terminate or any other option provided for any party in proportion this Article 24 must be exercised by written notice to the part of the Apartment which may be usable until other party served within one hundred (100) days after such time as the premises damage shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkoccurred.

FIRE OR CASUALTY. Tenant Cooperator shall give immediate notice to Landlord the Company in case of fire or accident or other damage or defects in or to the Apartment or the building Building and to any of the fixtures or equipment therein. If the Apartment or the building Building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord the Company as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s the Company's reasonable control. If the Apartment or the building Building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty (60) days, or if Landlord the Company shall decide not to repair or rebuild the same or if Landlord the Company shall decide to demolish the building Building or to convert it to other uses then and in any such event, Landlord the Company may within sixty (60) days after such damages occur damage occurs give Tenant Cooperator notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given given, and Tenant Cooperator shall thereupon vacate and surrender the Apartment to Landlord the Company forthwith, and in such case, the rent carrying charges shall be paid up to and apportioned as of the date on of which Tenant Cooperator shall vacate and surrender the demised premisesApartment. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may not be usable until such time as the premises Apartment shall have been put into repairrepaired. If the Apartment or the building Building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by TenantCooperator, Tenant Cooperator shall nevertheless be liable to Landlord the Company for any damage sustained by Landlord the Company as a result thereof and the making of any necessary repairs or rebuilding by Landlord the Company shall not constitute a waiver of the claim of Landlord, the Company or of its insurer by subrogation, against Tenant Cooperator for such damages. Landlord The Company and Tenant Cooperator agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of the State of New York.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed Property by fire or other cause resulting from casualty prior to the Closing Date, Seller shall promptly notify Purchaser of such fire or other casualty. If the fire or other casualty causes damage which would cost in excess of $1,000,000 to repair (as determined by a licensed engineer or architect retained by Purchaser in good faith), or permit any negligent act tenant under a Lease to terminate its Lease, then Purchaser may elect, by written notice to be delivered to Seller on or omission before the sooner of (i) the twentieth (20th) day after Purchaser’s receipt of such notice or breach (ii) the Closing Date, to either: (a) close the transaction contemplated by this Agreement, in which event all insurance proceeds received prior to Closing shall be retained by the Company and deemed part of the Property to be transferred at Closing and Purchaser shall be entitled to a credit in the amount of any provision applicable deductibles or expended by Seller or the Company solely in connection with the 16 repair or replacement of the Property following such casualty, or (b) terminate this Agreement, and receive a return of the Xxxxxxx Deposit in which case the parties hereto shall have no further obligations hereunder (except for obligations that are expressly intended to survive the termination of this Agreement). If the damage to the Property by fire or other casualty prior to the Closing Date would cost $1,000,000 or less to repair (as determined by a licensed engineer or architect retained by Purchaser in good faith) and not permit any tenant under a Lease to terminate its Lease, Purchaser shall not have the right to terminate its obligations under this Agreement by Tenantreason thereof, Tenant and Seller shall nevertheless have the right to elect to either repair and restore the Property to the condition that existed before such damage if such repair or restoration may be liable completed prior to Landlord for any damage sustained the Closing Date, but if Seller does not do so prior to Closing, then all insurance proceeds received prior to Closing shall be retained by Landlord as the Company and deemed part of the Property to be transferred at Closing and Purchaser shall be entitled to a result thereof and credit in the making amount of any necessary repairs or rebuilding by Landlord applicable deductibles. For purposes of this Section 11, the term “Property” shall not constitute a waiver of be limited to and refer only to the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord Land and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkImprovements.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Building or the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date upon which Landlord learns, or receives notice from Tenant, of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild the Building and the estimated time period for the completion of such repairs. In the event that Landlord's notice provides that the repairs to the Demised Premises are estimated to require more than one hundred eighty (180) days to complete or that Landlord elects not to repair such damage, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord's notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in case of fire or accident or accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and other damage defects in or personal property in, and all alterations and improvements performed by Tenant to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building Demised Premises, which shall be partially damaged by fire, the damages shall Tenant's responsibility to restore) to be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceswith reasonable speed, due allowance subject to be taken into consideration for any delays which may arise by reason of labor troublesadjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, inability to obtain labor or materialsit being further understood that in such case this Lease shall remain in effect regardless of whether the actual time for completion of restoration shall differ from the initial estimate, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from except however that if such causes or from any of them to such extent that the same canrepair is not be repaired with reasonable diligence within a period of sixty dayscompleted, or if Landlord acknowledges that such repair will not be completed, within one year of the casualty, regardless of the cause, Tenant may elect to terminate the Lease by notice thereof to Landlord. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild the same rebuild, or if Landlord any mortgagee, having the right to do so, shall decide direct that the insurance proceeds are to demolish be applied to reduce the building or mortgage debt rather than to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the repair of such decision and thereupon damage, this Lease shall, at the term option of the Lease shall expire upon the third day after such notice is given Landlord, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminated effective as of the date of casualty. To the extent and for the time that the Demised Premises are rendered untenantable on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time account of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease casualty, the Rent shall be abated by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver proportion of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkDemised Premises rendered untenantable.

FIRE OR CASUALTY. Tenant Paragraph 8 hereof notwithstanding, if the Premises or the Building (including machinery or equipment used in its operation) shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty and if such damage does not render all or other damage defects in or to the Apartment or the building and to any a substantial portion of the fixtures Premises or equipment therein. If Building untenantable, then Landlord shall repair and restore the Apartment or the building shall be partially damaged same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s 's reasonable control. If any such damage renders all or a substantial portion of the Apartment Premises or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty daysBuilding untenantable, or if Landlord shall decide not have the right to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the terminate this Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion (with appropriate prorations of Rent being made for Tenant's possession subsequent to the part date of such damage of those tenantable portions of the Apartment which may be usable until Premises) upon giving written notice to the Tenant at any time within sixty (60) days after the date of such time as the premises shall have been put into repairdamage. If any such damage renders all or more than fifty percent (50%) of the Apartment Premises untenantable Tenant shall also have the right to terminate this Lease as of the date of such damage upon giving written notice to Landlord at any time within forty-five (45) days after the date of such damage. Unless this Lease is terminated as provided in the two preceding sentences and Landlord shall proceed with reasonable promptness to repair and restore the Premises, subject to reasonable delays for insurancee adjustments and delays caused by matters beyond Landlord's reasonable control. Rent, however shall abatx xx those portions of the Premises as are, from time to time, untenantable as a result of such damage. 9 33 Notwithstanding the contents of this paragraph, Landlord shall use its best efforts and diligence to rebuild the Premises after any fire or casualty; if the building shall be Building is damaged or destroyed by fire or other cause resulting casualty and Landlord chooses not to rebuild, Landlord shall provide Tenant notice within 30 days of said fire or casualty of Landlord's decision; if Landlord chooses to rebuild, it shall use its best efforts and diligence to complete the restoration as quickly as possible. If said restoration is not completed within 180 days from any negligent act or omission or breach date of any provision of this Lease by Tenantinception, Tenant shall nevertheless be liable have the right to terminate this Lease and all obligations hereunder. Tenant hereby acknowledges that Landlord for is under no obligation to insure Landlord's interest in the Premises or the Building, except as provided herein. Notwithstanding anything to the contrary herein set forth, Landlord shall have no duty pursuant to this Section 12 to repair or restore any damage sustained portion of the alterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration were provided by Landlord as a result thereof and Landlord, at Landlord's cost, at the making beginning of the Term. If Tenant wants any necessary other or additional repairs or rebuilding by restoration and if Landlord consents thereto, the same shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place be done at Tenant's expense subject to all of the provisions of Section 227 of the Real Property Law of New York8 hereof. 13.

FIRE OR CASUALTY. Tenant shall give immediate notice (a) Subject to Landlord the provisions of this Paragraph 9, in case of the event the Premises, or access thereto, is wholly or partially destroyed by fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building casualty, Landlord shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done practicable to deliver to Tenant Landlord’s estimate of the time needed to repair the damage (the “Repair Notice”). Landlord will provide the Repair Notice as soon as reasonably practicable under the circumstances, due allowance but in any event not more than 90 days after the date of the fire or casualty. Landlord shall diligently pursue the requisite information estimates from insurance adjusters, contractors and the like. To the extent permitted by applicable laws and covenants, conditions and restrictions then applicable to the Property and subject to the other provisions of this Xxxxxxxxx 0, Xxxxxxxx shall rebuild, repair or restore the Premises and access thereto to substantially the same condition as existing immediately prior to such destruction (excluding Tenant’s Alterations, trade fixtures, equipment and personal property, which Tenant shall be taken into consideration for any delays which may arise required to restore, but including the Tenant 26 TEXAS WITH BASE YEAR *** Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by reason of labor troublesMarkit Ltd. Improvements made under the Work Letter) and this Lease shall continue in full force and effect. Notwithstanding the foregoing, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond (i) Landlord’s reasonable controlobligation to rebuild, repair or restore the Premises shall not apply to any personal property of Tenant or Tenant’s above-standard tenant improvements, and (ii) Landlord shall have no obligation whatsoever to rebuild, repair or restore the Premises with respect to any damage or destruction occurring during the last twelve (12) months of the term of this Lease or any extension of the term. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide determines not to rebuild, repair or rebuild restore the same Premises with respect to damage or if Landlord shall decide to demolish destruction during the building or to convert last 12 months of the term of this Lease (as it to other uses then and in any such eventmay be extended), Landlord may within sixty days after such damages occur it will give Tenant written notice of such decision and thereupon the term Tenant may thereafter terminate this Lease, without penalty, by giving Landlord written notice within 30 days after receipt of the Lease shall expire upon the third day after such notice is given , by Landlord; Rent shall xxxxx reasonably and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned equitably as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkcasualty.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Building or the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date upon which Landlord receives notice from Tenant of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild the Building and the estimated time period for the completion of such repairs. In the event that Landlord's notice provides that the repairs to the Demised Premises are estimated to require more than one hundred eighty (180) days to complete or that Landlord elects not to repair such damage, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord's notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in case of fire or accident or accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and other damage defects in or personal property in, and all alterations and improvements performed by Tenant to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building Demised Premises, which shall be partially damaged by fire, the damages shall Tenant's responsibility to restore) to be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceswith reasonable speed, due allowance subject to be taken into consideration for any delays which may arise by reason of labor troublesadjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, inability it being further understood that in such case this Lease shall remain in effect regardless of whether the actual time for completion of restoration shall differ from the initial estimate. Notwithstanding the foregoing, in the event that the restoration of the Demised Premises is not completed within two hundred ten (210) days from the earlier of (i) the date that Tenant notifies Landlord that is has elected not to obtain labor terminate this Lease, or materials(ii) thirty (30) days after Landlord's notice to Tenant estimating the time period for the completion of restoration, Governmental orders, regulations and restrictions, delays in adjusting then Tenant shall have the insurance loss or other causes beyond additional right to terminate this Lease upon written notice to Landlord’s reasonable control. If In the Apartment or event the building damage shall be damaged from such causes or from any of them to such extent so extensive that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same rebuild, or if Landlord any mortgagee, having the right to do so, shall decide direct that the insurance proceeds are to demolish be applied to reduce the building or mortgage debt rather than to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the repair of such decision and thereupon damage, this Lease shall, at the term option of the Lease shall expire upon the third day after such notice is given Landlord, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminated effective as of the date of casualty. To the extent and for the time that the Demised Premises are rendered untenantable on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time account of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease casualty, the Rent shall be abated by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver proportion of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkDemised Premises rendered untenantable.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to A. Section 7 hereof notwithstanding, if the Apartment Premises or the building and to any of the fixtures Building (including machinery or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays used in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building its operation) shall be damaged from by fire or other casualty and if such causes damage does not render all or from any a substantial portion of them to the Premises or Building untenantable and if such extent that damage is covered by Landlord's insurance, then Landlord shall repair and restore the same canwith reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, but shall not be repaired obligated to expend therefor an amount in excess of the proceeds of insurance recovered with reasonable diligence within a period of sixty daysrespect thereto. If any such damage is uninsured and not covered by customary fire and extended coverage insurance, or if Landlord shall decide not have the right to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the terminate this Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which of such damage (with appropriate prorations of Rent being made for Tenant's possession subsequent to the date of such damage of those tenantable portions of the Premises) upon giving written notice to the Tenant shall vacate at any time within one hundred twenty (120) days after the date of such damage. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, within forty-five (45) days after the occurrence of such damage and surrender in good faith, estimate the demised premises. In length of time that will be required to substantially complete the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time repair and restoration of such damage and shall thereafter xxxxx in proportion by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one (1) year from the date such damage occurred, then either Landlord or Tenant shall have the right to terminate this Lease as of the date of such damage upon giving notice to the part other at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease, by virtue of any delays in completion of such repairs and restoration. Rent, however, shall xxxxx on those portions of the Apartment which may be usable until Premises as are, from time to time, untenantable as a result of such time as damage. Notwithstanding the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed foregoing, if any damage by fire or other cause resulting from any negligent act or omission or breach casualty occurs within one (1) year of any provision the Termination Date of this Lease by Tenantand renders all or more than fifty percent (50%) of the Premises untenantable, either Landlord or Tenant shall nevertheless be liable have the right to Landlord for any damage sustained by Landlord terminate this Lease as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim date of Landlord, or such damage upon giving written notice to the other party at any time within forty-five (45) days after the date of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorksuch damage.

FIRE OR CASUALTY. a. Except as otherwise provided below, if the Demised Premises should be partially damaged by fire or other casualty, Tenant shall give immediate written notice thereof to Landlord and Landlord shall at its expense repair the Demised Premises to substantially the condition in case of fire or accident or other damage defects which it existed prior to such damage. Rent shall xxxxx in or proportion to the Apartment or the building and to any portion of the fixtures or equipment thereinDemised Premises not usable by Tenant. If the Apartment Demised Premises are damaged, whether such damage be partial or total, as a result of the building wrongful or negligent act of Tenant or other person on the Demised Premises with Tenant’s consent, there shall be partially damaged by fire, the damages no abatement of rent. Landlord shall not be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance liable to be taken into consideration Tenant for any delays which may arise by reason of labor troublesdelay in restoring the Demised Premises, inability Tenant’s sole remedy being the right to obtain labor or materialsan abatement, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable controlas above provided. If the Apartment Demised Premises are rendered wholly untenantable by fire or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty daysother casualty, or and if Landlord shall decide not to repair or rebuild restore the same Demised Premises, or if the Building shall be so damaged that Landlord shall decide to demolish it or not to rebuild (whether or not the building or to convert it to other uses then and in any such eventDemised Premises have been damaged), Landlord may within sixty ninety (90) days after such damages occur fire or other cause give written notice to Tenant notice of such decision decision, and thereupon the term of the this Lease shall automatically expire upon on the third day after such notice is given given. In the event Landlord elects to rebuild, this Lease shall not terminate and Tenant Landlord shall at its sole cost and expense thereupon vacate proceed with reasonable diligence to rebuild and surrender repair the Apartment Building to substantially the condition in which it existed prior to such damage. Landlord forthwithshall not be required to rebuild, repair or replace any part of the partitions, fixtures, additions and other improvements which may have been placed in, on or about the Demised Premises by Tenant, it being understood that Landlord shall have no responsibility to repair, rebuild or replace, at Landlord's expense, Tenant's interior partition work. During the period in such casewhich the Demised Premises are wholly untenantable, through no fault of Tenant, the rent payable hereunder shall be paid up to and apportioned xxxxx effective as of the date on which Tenant shall vacate and surrender of the demised premisesoccurrence of such damage. In the event Landlord should fail to complete such repairs and rebuilding within one hundred eighty (180) days after the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part date of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach casualty , Tenant may thereafter give Landlord notice of any provision of its intention to terminate this Lease by delivering written notice of termination to Landlord, and if Landlord fails to substantially complete such repairs and rebuilding within 30 days after receipt of such notice, all rights and obligations hereunder shall cease and terminate as Tenant's sole and exclusive remedy; provided, however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim reasonable control of Landlord, the period for restoration, repair or of its insurer by subrogation, against Tenant rebuilding shall be extended for damages. the time Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkso delayed.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment thereinSection 11.1. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceselements, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss unavoidable accident or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cancasualty, but is not be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is thereby rendered untenantable in whole or in part, Tenant shall at its own expense cause such damage to be repaired, and the rent shall not be paid up to time abated. If, by reason of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or occurrence, the building shall be damaged rendered untenantable only in part, Tenant shall at its own expense cause the damage to be repaired, and rent meanwhile shall be abated proportionately as to the portion of the building rendered untenantable. If the building shall be rendered wholly untenantable by reason of such occurrence, Tenant shall at its own expense cause such damage. to be repaired, and rent meanwhile shall be abated. To fulfill its obligations under this Article, Tenant shall have the proceeds of insurance and need not commence repairs until Xxxxxxxx has endorsed to Tenant's order the check or destroyed by fire checks representing the insurance proceeds. If Landlord shall fail to so endorse such check or other cause resulting from any negligent act or omission or breach of any provision of this Lease checks upon request by Tenant, Xxxxxx's obligation to pay rent shall be abated until Landlord shall so endorse such check or checks. If the damage to the building is greater than fifty percent (50%) and occurs during the second renewal term of this lease, Tenant shall nevertheless have the right, to be liable exercised by notice in writing delivered to Landlord for any damage sustained by Landlord as a result thereof within sixty (60) days from and after the occurrence of the damage, to elect not to reconstruct the building, and in such event this lease and the making of any necessary repairs or rebuilding by Landlord tenancy hereby created shall not constitute a waiver cease as of the claim date of Landlordthis said occurrence, or the rent to be adjusted as of its insurer by subrogationsuch date, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place shall endorse to Landlord all insurance proceeds paid or to be paid on account of the provisions of Section 227 of the Real Property Law of New Yorksuch damage.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Building or the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord's notice provides that the repairs to the Demised Premises shall require more than one hundred eighty (180)) days to complete, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord's notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in case of fire or accident or other accordance with the foregoing sentence), Landlord shall thereupon cause the damage defects in or to the Apartment or the building (excepting, however, Tenant's furniture, fixtures, equipment and to any of the fixtures or equipment therein. If the Apartment or the building improvements, which shall be partially damaged by fire, the damages shall Tenant's responsibility to restore) to be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceswith reasonable speed, due allowance subject to be taken into consideration for any delays delays, which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations adjustment of loss under insurance policies and restrictions, for delays in adjusting beyond the insurance loss or other causes beyond reasonable control of Landlord’s reasonable control. If In the Apartment or event the building damage shall be damaged from such causes or from any of them to such extent so extensive that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild rebuild, this Lease shall, at the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such eventoption of Landlord, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term be terminated effective as of the Lease shall expire upon date of casualty. To the third day after such notice is given , extent and Tenant shall thereupon vacate and surrender for the Apartment to Landlord forthwith, and in such casetime that the Demised Premises are rendered untenantable on account of fire or other casualty, the rent shall be proportionately abatx. Xxl prepaid rents paid up by Tenant that are applicable to and apportioned as periods after the effective date of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent termination shall be paid up refunded to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to A. Paragraph 8 hereof notwithstanding, if the Apartment Premises or the building and to any of the fixtures (including machinery or equipment therein. If the Apartment or the building used in its operation) shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss fire or other causes casualty, and if this Lease is not terminated by Landlord or Tenant as described in this Paragraph as a result thereof, Landlord shall repair and restore the same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, but if Landlord had in force at the time of loss insurance in full compliance with Paragraph 11.C. hereof, then Landlord shall not be obligated to expend therefor an amount in excess of the proceeds of insurance recovered with respect thereto plus the deductible amount then carried by Landlord. Landlord shall give Tenant, within forty-five (45) days of any such damage, Landlord’s reasonable estimate of the time necessary to make the required repairs. If at any time after December 31, 2009 any such damage renders all or a substantial portion of the Apartment Building untenantable and Landlord reasonably estimates the time required for repair and restoration to be in excess of one year from the date of such fire or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty daysother casualty, or if and Landlord shall decide elects not to repair or rebuild restore the same or if Building to its prior condition and configuration, Landlord shall decide have the right to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the terminate this Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion (with appropriate prorations of Rent being made for Tenant’s possession subsequent to the part date of such damage of those tenantable portions of the Apartment which may be usable until Premises) upon giving written notice to Tenant at any time within forty-five (45) days after the date of such damage. Rent shall xxxxx on those portions of the Premises as are, from time to time, untenantable as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed a result of damage by fire or other cause resulting from any negligent act or omission or breach of any provision casualty and Landlord shall notify Tenant thirty (30) days prior to the date when such abatement period shall end and the Premises shall no longer be untenantable. For the purposes of this Lease by TenantLease, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver portion of the claim Premises shall be deemed to be untenantable if such portion cannot reasonably be used for the normal conduct of Landlord, Tenant’s business or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph if adequate elevator access thereto is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorknot available.

FIRE OR CASUALTY. Tenant If the Premises or any part of the Building shall give immediate notice to Landlord in case of be damaged by fire or accident other casualty and if such damage does not render all or other damage defects in a substantial portion of the Premises or the 'Building untenantable (and for purposes of this Article 24, the Premises shall be deemed untenantable if there is (i) a substantial impairment of the reasonable means of access thereto or (ii) substantial impairment of reasonable means of access to the Apartment Antennae on the Roof or the building and damage to any a substantial portion of the fixtures or equipment therein. If Antennae on the Apartment or Roof which materially adversely impairs Tenant Is ability to conduct business in the building Premises) , then Landlord shall be partially damaged by fireproceed to repair and restore the Building Systems (including the Building Systems in the Premises) and the reasonable means of access to the Premises with reasonable promptness, given the damages shall be repaired by and at nature of the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance damage to be taken into consideration repaired, subject to reasonable delays for any insurance adjustments and delays which may arise caused by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes matters beyond Landlord’s reasonable 's control. If any such damage renders all or a substantial portion of the Apartment Premises or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired Building untenantable, Landlord shall, with reasonable diligence promptness after the occurrence of such damage, but in all events within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty forty-five (45) days after such damages occur damage occurred, obtain, at no cost to Tenant, an opinion of an independent architect, engineer or other qualified licensed professional, estimating the length of time will be required to complete the repair and restoration of the Building Systems (including the reasonable means of access to the Premises) and the Tenant Responsible Premises (stating separate estimated time periods for the repair and restoration of the Building Systems, including those in the Premises, and the repair and restoration of the Tenant Responsible Premises) and by written notice advise Tenant of such estimate (such notice being referred to herein as the "Repair Estimate Notice"). If it is so estimated that the amount of time required to substantially complete such repair and restoration of both the Building Systems (including those in the Premises and the reasonable means of access to the Premises) and the Tenant Responsible Premises will exceed one hundred eighty (180) days, then either Landlord or Tenant (but as to Tenant, only if all or a substantial portion of the Premises are rendered untenantable) shall have the right to terminate this Lease as of the date of such damage upon giving notice to the other at any time within twenty (20) days after Landlord delivers the Repair Estimate Notice to Tenant (it being understood that Landlord may, if it elects to do so, also give Tenant such notice of termination together with the Repair Estimate Notice). Notwithstanding the foregoing, if such decision and thereupon the term damage renders untenantable a substantial portion of the Building but does not render untenantable a substantial portion of the Premises, Landlord shall not have the right to terminate this Lease on account of such damage, unless Landlord elects generally to terminate all leases in the Building which Landlord is entitled to terminate on account of such damage or Landlord elects to demolish all or a substantial portion of the Building, and any such termination of this Lease shall expire upon be effective as of a date, specified by Landlord, not less than sixty (60) days after the third day after delivery of such notice termination notice. Unless this Lease is given terminated as provided in the preceding paragraph, Landlord shall proceed with reasonable promptness to repair and restore the Building Systems, including Building Systems in the Premises and the reasonable means of access to the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, and also subject to zoning laws and applicable building codes then in effect. when the repair and restoration of the Building Systems is completed to a degree making the Premises suitably available for Tenant's repair and restoration of the Tenant Responsible Premises, Tenant shall proceed with reasonable promptness to repair and restore the Tenant Responsible Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Tenant's reasonable control and applicable building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease (except as hereinafter provided) if such repair and surrender restoration of the Apartment Building Systems is not in fact completed within the time period specified in the Repair Estimate Notice. If the Building Systems are not repaired and restored by the number of days equal to Landlord forthwithone hundred fifty percent (150%.) of the number of days specified in the Repair Estimate Notice for completion of the repair and restoration of the Building Systems, and in measured from the date of delivery of the Repair Estimate Notice (provided, however, such case, the rent shall number of days may be paid extended up to an additional one hundred twenty (120) days due to Force Majeure events), then either party (but as to Landlord, only if Landlord has diligently commenced and apportioned pursued such repair and restoration) may terminate this Lease, effective as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act casualty, by written notice to the other party delivered not later than thirty (30) days after the expiration of said period but prior to substantial completion of such repair or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkrestoration.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event that(a) the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment Premises or the building shall Building should be so damaged or destroyed by fire or other cause resulting from casualty that rebuilding or repairs cannot be completed within one (1) year after the date of commencement of reconstruction, as determined by Landlord, or (b) the Premises shall be so damaged during the last two (2) years of the Lease Term to the extent that more than thirty percent (30%) of the area thereof is rendered untenantable, Landlord may at its option terminate this Lease within ninety (90) days after such damage by giving written notice to Tenant, in which event rent shall be abated effective with the date of such damage. If, following any negligent act such casualty, Landlord does not terminate this Lease, or omission or breach in the event of casualty damage of a lesser extent to the Building, Landlord shall, following receipt of insurance proceeds if such proceeds are made available to Landlord by the holder of any provision mortgage encumbering the Project or the Building, rebuild or repair the Premises or the Building to substantially the same condition in which they were immediately prior to the happening of this Lease by Tenantthe fire or other casualty, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by except that Landlord shall not constitute a waiver be required to (i) spend more than the amount of insurance proceeds actually received, or (ii) rebuild, repair or replace any part of the claim of Landlordfurniture, equipment, fixtures and other personal property which may have been placed by Tenant or of its insurer by subrogation, against Tenant for damagesother tenants within the Building or the Premises. Landlord shall allow Tenant a fair diminution of rental during the time the Premises are unfit for occupancy, and Tenant agree at Landlord's option, the Lease Term shall be extended for a period equal to the period that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New YorkPremises are unfit for occupancy.

FIRE OR CASUALTY. In the event that the whole or a substantial part of the Building or the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord’s notice provides that the repairs to the Demised Premises are estimated to require more than two hundred seventy (270) days to complete, then Tenant shall give immediate have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after receipt of Landlord’s notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in case of fire or accident or accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, damage to Tenant’s furniture, fixtures, equipment and other damage defects in or to personal property in, and all alterations and improvements performed by Tenant to, the Apartment or the building and to any of the fixtures or equipment therein. If the Apartment or the building Demised Premises, which shall be partially damaged by fire, the damages shall Tenant’s responsibility to restore) to be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstanceswith reasonable speed, due allowance subject to be taken into consideration for any delays which may arise by reason of labor troublesadjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays it being further understood that in adjusting such case this Lease shall remain in effect regardless of whether the insurance loss or other causes beyond Landlord’s reasonable controlactual time for completion of restoration shall differ from the initial estimate. If In the Apartment or event the building damage shall be damaged from such causes or from any of them to such extent so extensive that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same rebuild, or if Landlord any mortgagee, having the right to do so, shall decide direct that the insurance proceeds are to demolish be applied to reduce the building or mortgage debt rather than to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the repair of such decision and thereupon damage, this Lease shall, at the term option of the Lease shall expire upon the third day after such notice is given Landlord, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminated effective as of the date of casualty. To the extent and for the time that the Demised Premises are rendered untenantable on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time account of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach casualty, the Rent shall proportionately axxxx; provided, however, that if the tenantable portion of any provision of the Demised Premises is too small to be suitable for the Permitted Use, then Tenant shall have the right to terminate this Lease by Tenant, Tenant shall nevertheless be liable providing written notice thereof to Landlord for any damage sustained by Landlord as a result thereof and within thirty (30) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkcasualty.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to A. If the Apartment Premises or the building and to any of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building "Critical Common Areas" (hereinafter defined) shall be damaged from such causes by fire or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty dayscasualty, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty (60) days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on of such damage, provide Tenant with Landlord's good faith estimate of the date as of which Tenant Landlord will be able substantially to complete restoration of the Premises and such common areas. Landlord shall vacate not be obligated to restore any portion of the Office Section or the Building outside of the Premises other than access and surrender egress to the demised premisesBuilding, the Building lobby servicing the Premises, elevator access to the Premises, and Building Systems servicing such areas and the Premises (collectively, the "Critical Common Areas"). In the event the Apartment date of substantial completion is damaged estimated at not more than two hundred seventy (270) days after the date of such damage, subject to Xxxxxxxxx 00X, xxxxx, Landlord shall promptly and diligently, restore the Premises and the Critical Common Areas and this Lease shall continue in full force and effect. Such restoration shall be to substantially the same conditions of the Premises and quality of such common areas as existed prior to the casualty; except for modifications required by zoning and building codes and other laws, or by the holder of a mortgage on the Building, or any other modifications to such an common areas deemed desirable by Landlord, except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishings, fixtures or equipment or any modification made to the Premises after the Commencement Date. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof, except that Landlord shall allow a proportionate abatement of Rent during the time and to the extent that the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof. If Landlord's estimate of the date of substantial completion is untenantable in whole or in part, rent shall be paid up to time more than two hundred seventy (270) days from the date of such damage and shall thereafter xxxxx (plus an extension of up to ninety (90) days for events not within Landlord's control) or if the date of substantial completion is in proportion fact more than two hundred seventy (270) days from the date of damage, subject to the part an extension of the Apartment which may be usable until such time as the premises period by an additional ninety (90) days by reason of events not within Landlord's control, Tenant shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of right to terminate this Lease by Tenant, Tenant shall nevertheless be liable notice to Landlord for given within ten (10) days of Tenant having received Landlord's estimated date of substantial completion or, if applicable, at any damage sustained by time prior to such substantial completion after the end of the construction period permitted to Landlord as a result thereof and hereunder; provided, however, if Landlord is, at the making time Landlord receives such notice of any necessary repairs or rebuilding by termination diligently pursuing substantial completion of such completion, such termination shall not be effected unless Landlord shall not constitute a waiver have substantially completed such construction within fifteen (15) business days after receipt of such termination notice from Tenant. Furthermore, if the date estimated for substantial completion is more than two hundred seventy (270) days from the date of damage (including time necessary to obtain permits) or would occur less than twelve (2) months prior to the end of the claim of LandlordTerm, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that shall have the agreement contained in right to terminate this paragraph is an agreement made in place Lease as of the provisions date of Section 227 such damage by notice to the Tenant given within thirty (30) days of the Real Property Law date of New Yorkdelivery to Tenant of estimated substantial completion date. Notwithstanding the foregoing, so long as Landlord is carrying the insurance required under Paragraph 14D, in no event shall Landlord be obligated to expend an amount in excess of the proceeds of insurance recovered with respect to any fire or casualty.

FIRE OR CASUALTY. If the Premises or any part thereof shall be damaged by fire or any other cause, Tenant shall give immediate prompt notice thereof to Landlord, or Landlord shall give prompt notice thereof to Tenant. If, in case the reasonable judgment of fire or accident or other damage defects in or to the Apartment or the building and to any Landlord's architect, restoration of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence Premises is feasible within a period of sixty daysnine (9) months from the date of the damage, or if Landlord shall decide not restore the Premises to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned condition existing as of the Commencement Date (or, if Tenant leases any Available space from Landlord, on the applicable ROFO Space Commencement Date), provided that adequate insurance proceeds are made available to Landlord. Within sixty (60) days after the date on which of the damage (or as soon thereafter as is reasonably practicable), Landlord shall provide written notice to Tenant of the amount of time that Landlord's architect reasonably determines will be necessary to restore the Premises in accordance with the terms of this Section 13. Tenant agrees to make all proceeds of Tenant's insurance policies available to Landlord in accordance with Tenant's insurance obligations set forth in Section 12, above. In addition, Tenant shall vacate repair and surrender restore, at Tenant's sole expense, all Alterations, furniture, fixtures and other property of Tenant located in the demised premises. In the event the Apartment is damaged Premises prior to such an extent that casualty. If the Premises are unusable (or Tenant is untenantable not able to access the Premises by any reasonable means of ingress or egress), in whole or in part, rent during such restoration, the Monthly Base Rent and Additional Rent hereunder shall be paid up abated to time the extent and for the period that the Premises are unusable (or inaccessible). If restoration is not feasible in the reasonable judgment of Landlord's architect within the aforesaid nine (9) month period, Landlord shall so notify Tenant (in accordance with the terms of Section 13.a, above), and Landlord and Tenant shall each have the right to terminate this Lease by giving written notice thereof to the other party within sixty (60) days after the occurrence of such damage, in which event this Lease and the tenancy hereunder shall terminate as of the date of such damage or destruction and shall thereafter xxxxx in proportion to the part Monthly Base Rent and Additional Rent will be apportioned as of the Apartment which may be usable until date of such time as the premises shall have been put into repairdamage or destruction. If neither party exercises its right of termination, the Apartment or the building Premises shall be restored as provided above. In case the Building is so severely damaged or destroyed by fire or other cause resulting casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or reconstruct such Building, then this Lease and the tenancy hereunder shall terminate on the date specified by Landlord in a notice given no later than sixty (60) days after the date of such casualty. If (i) neither party terminates this Lease pursuant to the terms of this Section 13, and (ii) Landlord fails to restore the Premises in accordance with the terms of this Section 13 within twelve (12) months from the date such work is commenced, which twelve (12) month period shall be extended on a day for day basis, as the result of an event of force majeure or a delay caused by Tenant or any negligent act of its employees, contractors or omission agents, then Tenant shall have the right, during the thirty (30) day period immediately following the expiration of such twelve (12) month period (as such period may be extended as the result of an event of force majeure or breach a delay caused by Tenant or any of any provision of its employees, contractors or agents), to terminate this Lease by Tenantdelivering a termination notice to Landlord, Tenant in which event this Lease shall nevertheless be liable to Landlord for any damage sustained by Landlord terminate as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place date of the provisions of Section 227 of the Real Property Law of New Yorkcasualty.

FIRE OR CASUALTY. Tenant shall give immediate PARAGRAPH 13 In the event that the Project (regardless of whether the Premises or access thereto is affected) is so damaged or destroyed to the extent of more than one-third of its replacement cost, or to any substantial extent by a casualty not covered by Landlord's insurance, or during the last two (2) years of this Lease, Landlord OR TENANT (IF TENANT IS UNABLE TO CONDUCT ITS NORMAL BUSINESS), upon giving thirty (30) days' notice to Landlord in case of fire or accident or other damage defects in or THE OTHER, may elect to the Apartment or the building and to any of the fixtures or equipment thereinterminate this Lease. If the Apartment damage or destruction is other than as provided above, then Landlord shall commence within ninety (90) days after such damage or destruction to rebuild, repair or restore the building Premises and access thereto to substantially the same condition as when the same were delivered to Tenant, excluding the improvements owned by Tenant, and the Lease shall continue in full force and effect. TENANT SHALL RECEIVE A RENT ABATEMENT PROPORTIONAL TO THE PORTION OF THE PREMISES RENDERED UNUSABLE UNTIL THE EARLIER OF A) THE REPAIR OR RESTORATION OR B) THE EFFECTIVE DATE OF THE TERMINATION OF THIS LEASE. Landlord shall in no event be partially damaged obligated to make any repairs or replacements of any items owned by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable controlTenant. If the Apartment or Lease is not terminated but the building Premises are rendered totally untenantable, Rent shall be damaged from such causes or from any of them to such extent that xxxxx during the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give untenantability. Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent acknowledges (i) that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver obtain insurance of any kind on Tenant's improvements and betterment to the claim of LandlordPremises owned by Tenant or on Tenant's furniture, fixtures, equipment and other personal property, (ii) that it is Tenant's obligation to obtain such insurance at Tenant's sole cost and expense, and (iii) that Landlord not be obligated to repair any damage thereto or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that replace the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorksame.

FIRE OR CASUALTY. Tenant 22. During the term of this lease Lessor agrees to carry standard form "All Risk" property insurance on the building wherein the premises are situated for full replacement thereof and shall give immediate notice provide Lessee with a certificate of insurance reflecting such coverage, if requested. If premises or a portion thereof shall be destroyed or injured by any cause and such destruction or injury could reasonably be repaired within 90 days thereafter, Lessor shall with diligence undertake and substantially complete repairs within 90 days after the happening of such destruction or injury. If Lessee shall be deprived of the occupancy of any portion of the premises due to Landlord any destruction or injury but can nevertheless continue to engage in case of fire or accident or other damage defects its regular business, a rental abatement shall be allowed in or proportion to the Apartment or the building area rendered untenantable and continuing until premises are restored. No rent shall be payable during any period that Lessee is unable to any of the fixtures or equipment thereinengage in its regular business. If the Apartment destruction or the building shall be partially damaged by fire, the damages shall injury cannot reasonably be repaired by and at within 90 days after the expense happening thereof, Lessor shall notify Lessee within 30 days after the happening of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor such destruction or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss injury whether or other causes beyond Landlord’s reasonable controlnot Lessor will repair or rebuild. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide Lessor elects not to repair or rebuild rebuild, this lease shall be terminated. If Lessor shall elect to repair or rebuild, Lessor shall specify the same time within which repairs or if Landlord reconstruction will be completed and Lessee shall decide have the option within 30 days after the receipt of such notice to demolish the building elect either to terminate this lease and further liability thereunder or to convert it extend the term or renewal term of this lease by a period of time equivalent to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice the period from the happening of such decision and thereupon destruction or injury until the premises are restored to their former condition. In the event Lessee elects to extend the term of the Lease lease, Lessor shall expire upon restore the third day after such premises to their former condition within the time specified in the notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent Lessee shall be paid up entitled to and apportioned as an abatement of rent in the date on which Tenant shall vacate and surrender the demised premisesmanner hereinbefore described. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York.WAIVER OF SUBROGATION

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or (a) Subject to the Apartment or the building and to any provisions of the fixtures or equipment thereinthis Paragraph 9. If the Apartment or the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in partPremises, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged parking area of other Common Areas, or access thereto, is wholly or partially destroyed by fire or other cause resulting from any negligent act casualty, Landlord shall (to the extent permitted by Law then applicable to the Project) rebuild, repair or omission or breach of any provision of restore the Premises, Parking Area, other Common Areas and access thereto to substantially the same condition as existing immediately prior to such destruction and this Lease shall continue in full force and effect. Landlord shall give Tenant written notice of the estimated time which will be needed to repair such damage, as determined by TenantLandlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Paragraph 9. Such notice shall be given before the forty-fifth (45th) day after the fire or other casualty. Notwithstanding the foregoing, (i) Landlord's obligation to rebuild, repair or restore the Premises shall not apply to any personal property, above-standard tenant improvements or other items installed by Tenant or contained in the Premises, and (ii) Landlord shall nevertheless be liable have no obligation whatsoever to rebuild, repair or restore the Premises with respect to any damage or destruction occurring during the last twelve(12) months of the Lease Term (unless Tenant exercises a renewal option); provided, however, that in such event, if Landlord does not terminate this Lease, then Tenant may terminate this Lease during the last twelve (12) months of the Lease Term, by written notice to Landlord for any damage sustained by Landlord as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver within thirty (30) days after receiving Landlord's notice of the claim of Landlordtime needed to repair such damage. Notwithstanding the foregoing, or of its insurer by subrogation, against Tenant for damages. Landlord stipulates and Tenant agree acknowledges that the agreement Tenant Improvements (as said term is defined in Exhibit B attached hereto) are not above-standard tenant improvements, as referenced in romanette (i) above and Section 10 below, and, accordingly, shall be considered a restoration obligation of Landlord pursuant to the terms and conditions contained in this paragraph is an agreement made in place of the provisions of Section 227 of the Real Property Law of New York9(a) and Section 10.