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 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 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 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 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, 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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. a. 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 Landlord. If, in case the reasonable judgment of fire or accident or other damage or 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 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 Premises is feasible within a period of sixty days or if nine (9) months from the date of the damage, 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 damage occurs give Tenant notice of such decision and thereupon the term extent of the Lease shall expire upon Tenant Improvements set forth in the third day after such notice is givenWork Agreement, and provided that adequate insurance proceeds are made available to Landlord. 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 thereupon vacate repair and surrender restore, at Tenant's sole expense, all furniture, fixtures and other property of Tenant located in 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 Premises prior to such an extent that it is untenantable casualty. If the Premises are unusable, 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; provided, however, that if such damage or destruction shall result from the act or omission of Tenant, its employees, agents or invitees, Tenant shall not be entitled to any abatement of Monthly Base Rent or Additional Rent. b. 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 within thirty (30) days after the occurrence of such damage, 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 not 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. c. In case the Building is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct such Building, then this Lease by Tenant, Tenant and the tenancy hereunder shall nevertheless be liable to Landlord for any damage sustained terminate on the date specified by Landlord as in a result thereof and notice given no later than sixty (60) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case 12.1 If the Premises or any common areas of fire the Building serving or accident or other damage or defects in or providing access 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 cause beyond Landlord’s reasonable control. If the Apartment or the building Premises 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 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 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, 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 casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, restore the Premises and such common areas. Such restoration shall be to substantially the same condition of the Premises and common areas 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 Office Section or any other modifications to the common areas deemed desirable by Landlord (provided access to the Premises and any common restrooms serving the Premises is not materially impaired), and except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishing, fixtures or equipment. 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 any negligent act such damage or omission or breach the repair thereof, except that Landlord shall allow Tenant a proportionate abatement of any provision of Rent during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease or access to the Premises is materially and adversely affected, and the Premises are not occupied by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof thereof. 12.2 Notwithstanding the foregoing to the contrary, Landlord may elect not to perform restoration work, and instead terminate this Lease, by notifying Tenant in writing of such termination within sixty (60) days after the making date of damage (such notice to include a termination date giving Tenant ninety [90] days to vacate the Premises), but Landlord may so elect only if the Building or the Office Section shall be damaged by fire or other casualty or cause (whether or not the Premises are affected) such that: (a) repairs cannot reasonably be completed within one hundred eighty (180) days after being commenced without the payment of overtime or other premiums, (b) the holder of any necessary mortgage on the Office Section or ground lessor with respect to the Land shall require that the insurance proceeds or any portion thereof be used to retire the mortgage debt (or shall terminate the ground lease, as the case may be), or (c) the damage is not fully covered (except for deductible amounts) by Landlord's insurance policies. Tenant hereby waives any rights it may have under any applicable law to terminate the Lease by reason of damage to the Premises or the Office Section, except that it shall have the right to terminate the lease, by notifying Landlord within sixty (60) days after the date of damage (such notice to include a termination date giving Tenant ninety [90] days to vacate the Premises), if the Premises shall be damaged by fire or other casualty or cause or access to the Premises is materially and adversely affected such that repairs or rebuilding by Landlord shall cannot constitute a waiver reasonably be completed within one hundred eighty (180) days after the date of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

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 or 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 cause 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 an extent that the same candamage is uninsured and not be repaired with reasonable diligence within a period of sixty days or if covered by customary fire and extended coverage insurance, 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 damage occurs 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 it 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 may 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 usable until 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 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 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 Tenant ceases to conduct business in the Premises, 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. B. Landlord shall repair or restore any portion of the alterations, additions or improvements in the Premises or the decorations thereto to the extent that such alterations, additions, improvements and decorations were provided by Landlord at the making beginning of the Term or specifically approved of by Landlord during the Term as provided in Sections 5 and 8. Landlord shall have no further obligation pursuant to this Lease to repair or restore any necessary alterations, additions or improvements in the Premises or the decorations thereto. If Tenant desires any other or additional repairs or rebuilding by Landlord restoration, the same shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord be done at Tenant's sole cost and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place expense subject to all of the provisions of Section 227 Sections 7 and 8 hereof (including, but not limited to, the requirements for Landlord's consent thereto). Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant, for damage to alterations, additions, improvements or decorations which would become Landlord's property upon the Real Property Law termination of New Yorkthis Lease.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or 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 cause 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 an extent that the same cannot be repaired with reasonable diligence within a period of sixty days or if other casualty, 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 damage occurs 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 it 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 not 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 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, a portion of the Premises shall be deemed to be untenantable if such portion cannot reasonably be used for the normal conduct of Tenant’s business or omission if adequate elevator access thereto is not available. B. If a material part of the Premises or breach a material part of any provision portion of the Building which serves the Premises (for example, common areas or Building systems) shall be rendered untenantable by fire or other casualty, and this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained not have been terminated by Landlord as a result thereof provided in Paragraph 12.A. Landlord shall notify Tenant within forty-five (45) days after the date of such fire or other casualty of its reasonable estimate of the amount of time necessary to make the required repairs and tender the making Premises to Tenant from the date of such fire or other casualty. If Landlord’s estimate is in excess of one year from the date of such fire or other casualty, or, if the fire or casualty occurs within two (2) years of the end of the Term and Landlord’s estimate is in excess of ninety (90) days from the date of such fire or other casualty, then Tenant, within sixty (60) days after the date of such fire or other casualty may serve notice on Landlord of its intention to terminate this Lease. If Tenant delivers such election to terminate, this Lease shall terminate on the date of delivery of such notice as if such termination date were the expiration of the Term. C. Landlord shall repair and restore only those alterations, additions or improvements in the Premises or the decorations thereto which were provided by Landlord at the beginning of the Term or consented to by Landlord thereafter pursuant to Paragraph 9 hereof. If Tenant desires any necessary other repairs or rebuilding by Landlord shall not restoration which would constitute a waiver upgrading of the claims of LandlordPremises and if Landlord consents thereto, or of its insurer by subrogation, against Tenant for such damages. Landlord the same shall be done at Tenant’s sole cost and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place expense subject to all of the provisions of Section 227 Paragraphs 8 and 9 hereof. Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage carried by Landlord for damage to alterations, additions, improvements or decorations which would become Landlord’s property upon the Real Property Law termination of New Yorkthis Lease.

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 or 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 cause 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 an 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 damage occurs 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 it 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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. 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 or 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, except however that if such repair is not completed, 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 obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting terminate the insurance loss or other cause beyond Lease by notice thereof 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 an 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 damage occurs 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 givenLandlord, 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 it 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 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 YorkDemised Premises rendered untenantable.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to A. If the Apartment Demised Premises or the building and to any Building (in such a manner that materially interferes with Subtenant's use of the fixtures Demised Premises or equipment therein. If the Apartment or the building reasonable access thereto) shall be partially damaged by firedamaged, 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 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 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 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, 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 casualty or condemned or taken in any manner for any public or quasi public use, the annual Base Rent paid under this Sublease shall be reduced, in the same proportion, if any, and for the same period, in which the annual fixed rent payable for the Demised Premises shall be reduced under the Xxxxxxxxx (i.e., by way of example, if 50% of the annual fixed rent payable by Sublessor under the Xxxxxxxxx for a particular floor included in the Demised Premises is abated, then Subtenant shall be entitled to a 50% abatement in the annual Base Rent hereunder allocable to that floor). Sublessor shall not be responsible for restoration nor for any inconvenience or annoyance to Subtenant or injury to Subtenant's business resulting in any way from any negligent act such damage or omission the repair or breach restoration or for such condemnation. This Sublease will continue in full force and effect, subject to the foregoing provisions and subject to Sublessor's rights and the rights of any provision Overlandlord to terminate the Xxxxxxxxx. B. In the event that a casualty occurs to a portion of the Demised Premises which, if such portion were not the subject of this Lease by TenantSublease, Tenant shall nevertheless be liable would give rise to Landlord for any damage sustained by Landlord a tight of Sublessor under the Xxxxxxxxx to terminate the Xxxxxxxxx as to that portion as an Earlier Termination Floor under Section 9.05.F(ii) of the Xxxxxxxxx or as a result thereof Damaged Floor under Section 9.08 of the Xxxxxxxxx, Subtenant shall have the right under this Sublease to terminate this Sublease as to that portion of the Demised Premises by delivering to Sublessor written notice of its election to effect such partial termination, effective as of the last day on which Sublessor may effectively terminate the Xxxxxxxxx as to such portion under such Section. Any such notice shall be effective only if delivered to Sublessor within a time period which allows Sublessor no fewer than ten days to deliver due and timely notice to Overlandlord under the applicable Section of the Xxxxxxxxx of Sublessor's election to terminate the Xxxxxxxxx as to such portion of the Demised Premises. In the event that Subtenant timely delivers such notice otherwise in accordance with this Section 10.B., this Sublease shall terminate as to such portion as of the date specified in such notice and the making further provisions of any necessary repairs or rebuilding by Landlord shall not constitute a waiver Section 9.08 of the claims of LandlordXxxxxxxxx shall be applicable to this Sublease and to Subtenant and Sublessor hereunder, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement mutatis mutandis. C. Anything contained in this paragraph is an agreement made Section 10 to the contrary notwithstanding, in place the event that a casualty occurs to the "Demised Premises" (as defined in the Xxxxxxxxx) giving rise to a right of Sublessor to terminate the Xxxxxxxxx, Sublessor shall have the right to exercise such right in its sole discretion. Sublessor shall, within five (5) Business Days of its receipt of a notice of termination from Overlandlord, deliver a copy of the provisions of Section 227 same to Subtenant. Sublessor shall have no liability to Subtenant, or anyone claiming through Subtenant, for excising any such option to terminate the Xxxxxxxxx. D. In the event that a casualty or other damage occurs to any material portion of the Real Property Law of New YorkDemised Premises, Subtenant shall deliver prompt written notice thereof to Sublessor.

FIRE OR CASUALTY. Tenant (a) If the Premises or the Building (including machinery or equipment used in the operation of the Building) shall give immediate notice to Landlord be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises (in the case of fire the Premises, substantial shall mean 20% or accident more of the area of the Premises) or other damage or defects in or to Building untenantable, then Landlord shall repair and restore the Apartment Premises (exclusive of tenant finishes and/or build-outs) or the building core and to any shell of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged Building 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 cause 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 within ninety (90) days after such casualty give written notice (the building shall be damaged from such causes or from any "Repair Notice") to Tenant of them whether Landlord intends to such an extent that repair and restore the same cannot be repaired with reasonable diligence within a period of sixty days or Building and Premises and, if Landlord elects to repair and restore, Landlord's reasonable estimate of the time necessary to complete such work (the "Estimated Restoration Period"). If the Estimated Restoration Period expires more than two hundred forty (240) days from the date of the Repair Notice, Tenant or Landlord shall decide not have the right to terminate this Lease (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 other party at anytime within thirty (30) days after the date Landlord delivers the Repair Notice and thereafter Landlord shall have no obligation to repair or rebuild restore. If the same Estimated Restoration Period expires less than two hundred forty (240) days from the date of the Repair Notice, this Lease shall continue in full force and effect. Rent shall abatx xxxm the date of such casualty until the earlier to occur of (i) substantial completion of the restoration of the Premises or (ii) Tenant's occupancy thereof, on those portions of the Premises as are, from time to time, untenantable as a result of such damage. (b) Notwithstanding anything contained in Paragraph 11(a) of this Lease to the contrary, if all or a part of the Premises is damaged by any casualty and Landlord shall decide elects to demolish repair the building or Premises but fails to convert it to other uses then and in any substantially complete such event, Landlord may repairs within sixty (60) days after such damage occurs give Tenant notice of such decision and thereupon the term expiration of the Estimated Restoration Period, subject to force majeure delays, then as Tenant's sole and exclusive remedy therefor, Tenant may terminate this Lease shall expire upon by delivery of written notice thereof to Landlord within ten (10) days after the third expiration of the aforesaid 60-day after such notice is givenperiod. Notwithstanding the foregoing, and Tenant shall thereupon vacate and surrender not have the Apartment right to Landlord forthwithterminate this Lease as aforesaid if Tenant, and in such caseor any assignee or subtenant of Tenant, the rent shall be paid up to and apportioned as or any 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 Tenant's officers, directors, employees, invitees, agents or contractors causes, in whole or in part, rent shall be paid up (i) such damage to time the Premises or (ii) any delay in the repair of such damage and shall thereafter xxxxx in proportion to the part Premises. (c) 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 any alterations, additions or improvements in the Premises or the decorations thereto except to the extent that such alterations, additions, improvements and decorations were provided by Landlord, at Landlord's cost, at the beginning 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 YorkTerm.

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 repair or replace the Tenant Improvements. If it is determined to repair or replace the Tenant Improvements, the proceeds of fire or accident or other any insurance policy paid on account of such damage or defects in destruction shall be used to defer the cost of repairing or to replacing the Apartment or the building and to any of the fixtures or equipment thereinTenant Improvements. Tenant shall complete all repairs within a reasonable time. 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 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 or if Landlord shall decide 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 of such damage occurs give or destruction. If Tenant notice 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 decision 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 givendamage 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 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 termination 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 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 its prior condition at Tenant's sole cost and expense prior to the date of termination of the Lease. (i) All fire and extended coverage insurance policies insuring the Tenant Improvements may have a result thereof and the making loss payable clause in favor of any necessary repairs or rebuilding by Landlord shall lender of Tenant, including, but not constitute a waiver limited to, any mortgagee of the claims of LandlordTenant, or of its insurer by subrogation, against Tenant for as such damages. Landlord and 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 Yorklender's interest may appear.

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 cause 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 days (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 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, 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 claims claim of Landlord, the Company or of its insurer by subrogation, against Tenant Cooperator for such damages. Landlord The Company and Xxxxxx 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. Tenant shall give immediate notice to Landlord in case of If the Leased Premises are damaged by fire or accident or other damage or 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, loadbearing 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 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 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 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 two and one-half (21/2) years of the expiration of the then and in any such event, Landlord may within sixty days after such damage occurs 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 givenrebuild, 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 it 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 are restored so they can be occupied by Tenant or until the Lease is terminated in accordance with this Paragraph 14. The Landlord shall not be usable until such time as liable, regardless of cause, 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 claims of LandlordLeased Premises, or of its insurer by subrogationany portions thereof or any contents, against Tenant for such damages. Landlord and Xxxxxx 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. 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 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 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 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, 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. (a) In the event the Apartment is damaged Premises, or access to such an extent that it is untenantable in whole them, are wholly 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 partially destroyed by fire or other cause resulting from casualty covered by the form of fire and extended coverage insurance maintained by Landlord, Landlord shall rebuild, repair or restore the Premises and access thereto to substantially the same condition as when the same were furnished to Tenant, excluding any negligent act improvements installed by Tenant and any of Tenant's personal property, and this Lease shall continue in full force and effect. In the event, however, that the Building is so damaged or omission destroyed to the extent of more than one-third (1/3) of its replacement cost, or breach to any substantial extent by a casualty not so covered, Landlord may elect by written notice to Tenant given within twenty (20) days after the occurrence of the casualty to terminate this Lease in lieu of so restoring the Premises, in which event this Lease shall terminate as of the date of the occurrence of the casualty. Landlord shall in no event be obligated to make any repairs or replacement of any provision items other than those items installed by or at the expense of Landlord. If the Premises are rendered totally or partially untenantable, rent shall xxxxx during the period of reconstruction in the same proportion to the total rent as the portion of the Premises rendered untenantable bears to the entire Premises. Any such rental abatement shall not defeat or diminish Landlord's rights to recover upon any rental interruption insurance maintained by Landlord pursuant to Paragraph 20. In no event shall Tenant be entitled to any compensation or damages for loss of use of the whole or any part of the Premises or for any inconvenience occasioned by any such destruction, rebuilding or restoration of the Premises, the Building or access thereto. Tenant waives the provisions of California Civil Code Sections 1932(2) and 1933(4) and any present and future laws and case decisions to the same effect. (b) Notwithstanding anything to the contrary contained in Paragraph 14(a) above, if the Premises or the Building is wholly or partially damaged or destroyed within the final twelve (12) months of the Term of this Lease, Landlord may, at its option, by giving Tenant notice within sixty (60) days after notice to Landlord of the occurrence of such damage or destruction, elect to terminate the Lease. Furthermore, upon termination of this Lease by Tenantpursuant to this Paragraph 14(b), Tenant shall nevertheless be liable to and Landlord hereby agree (except as expressly provided 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained otherwise in this paragraph is an agreement made in place of Lease) to release each other from any and all obligations and liabilities with respect to the provisions of Section 227 of the Real Property Law of New YorkLease except such obligations and liabilities which arise or accrue prior to such termination.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or 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 cause 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 an 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 ninety (90) days or if from the time that repair work would commence), 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 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 givenTenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease by virtue of any delays in completion of such repairs and surrender restoration. Further, in the Apartment event this Lease is not terminated, Landlord shall not be obligated to Landlord forthwith, and in such case, restore any portion of the rent shall be paid up Office Section or the Building outside of the Premises which is not necessary for reasonable access to and apportioned egress from the Premises. Except as otherwise provided below, Rent shall abate on those portions of the date on which Tenant shall vacate and surrender the demised premises. Premxxxx as are, from time to time, untenantable as a result of such damage. B. In the event the Apartment Premises, the Office Section or the Building 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 casualty resulting from any negligent the act or omission neglect of Tenant, its agents, contractors, employees or breach of any provision of invitees and if this Lease by Tenant, Tenant shall nevertheless not be liable to Landlord for any damage sustained terminated by Landlord as a result thereof of such damage, Tenant shall not be released from any of its obligations hereunder including, without limitation, its duty to pay Rent, and Rent shall not be abated. C. Notwithstanding anything to the making contrary herein set forth, Landlord shall have no duty pursuant to this Paragraph 13 to repair or restore any portion of the alterations, additions or improvements in the Premises or the decorations thereto except to the extent that such alterations, additions, improvements and decorations were provided by Landlord, at Landlord's cost, at the, beginning of the Term. If Tenant desires any necessary other or additional repairs or rebuilding by restoration and if Landlord consents thereto, the same shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord be done at Tenant's sole cost and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place expense subject to all of the provisions of Section 227 Paragraph 9 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 alterations, additions, improvements or decorations provided by Landlord either directly or through an allowance to Tenant.

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 or 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 cause 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 an 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 damage occurs 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 givenLandlord, 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 it 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 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkproportionately xxxxx.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to A. If the Apartment Demised Premises or the building and to any Building (in such a manner that materially interferes with Subtenant's use of the fixtures Demised Premises or equipment therein. If the Apartment or the building reasonable access thereto) shall be partially damaged by firedamaged, 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 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 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 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, 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 casualty or condemned or taken in any manner for any public or quasi-public use, the annual Base Rent paid under this Sublease shall be reduced, in the same proportion, if any, and for the same period, in which the annual fixed rent payable for the Demised Premises shall be reduced under the Overxxxxx (x.e., by way of example, if 50% of the annual fixed rent payable by Sublessor under the Overxxxxx xxx a particular floor included in the Demised Premises is abated, then Subtenant shall be entitled to a 50% abatement in the annual Base Rent hereunder allocable to that floor). Sublessor shall not be responsible for restoration nor for any inconvenience or annoyance to Subtenant or injury to Subtenant's business resulting in any way from any negligent act such damage or omission the repair or breach restoration or for such condemnation. This Sublease will continue in full force and effect, subject to the foregoing provisions and subject to Sublessor's rights and the rights of any provision Overlandlord to terminate the Overxxxxx. B. In the event that a casualty occurs to a portion of the Demised Premises which, if such portion were not the subject of this Lease by TenantSublease, Tenant shall nevertheless be liable would give rise to Landlord for any damage sustained by Landlord a right of Sublessor under the Overxxxxx xx terminate the Overxxxxx xx to that portion as an Earlier Termination Floor under Section 9.05.F(ii) of the Overxxxxx xx as a result thereof Damaged Floor under Section 9.08 of the Overxxxxx, Xxbtenant shall have the right under this Sublease to terminate this Sublease as to that portion of the Demised Premises by delivering to Sublessor written notice of its election to effect such partial termination, effective as of the last day on which Sublessor may effectively terminate the Overxxxxx xx to such portion under such Section. Any such notice shall be effective only if delivered to Sublessor within a time period which allows Sublessor no fewer than ten days to deliver due and timely notice to Overlandlord under the applicable Section of the Overxxxxx xx Sublessor's election to terminate the Overxxxxx xx to such portion of the Demised Premises. In the event that Subtenant timely delivers such notice otherwise in accordance with this Section 10.B., this Sublease shall terminate as to such portion as of the date specified in such notice and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the further provisions of Section 227 9.08 of the Real Property Law of New YorkOverxxxxx xxxll be applicable to this Sublease and to Subtenant and Sublessor hereunder, mutatis mutandis.

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 or 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 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 so that the same cannot Leased Premises shall thereby 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 rendered untenantable, then and in any such event, Landlord may within sixty days after such 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, 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 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 YorkLeased Premises.

FIRE OR CASUALTY. Tenant 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 or 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 cause 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 an 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 damage occurs 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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.WAIVER OF SUBROGATION

FIRE OR CASUALTY. (a) If the Master Premises or any part of it shall be damaged by fire or other casualty, Master Tenant shall give immediate prompt notice to Landlord in case of fire or accident or other the damage or defects in or casualty to the Apartment or the building Master Landlord, and to any this Master Lease and all of the fixtures terms, covenants, and conditions in this Master Lease shall continue in full force and effect and Master Tenant shall at its sole cost and expense, whether or equipment therein. If not the Apartment or the building insurance proceeds, if any, shall be partially damaged by firesufficient for the purpose, and irrespective of the damages shall be repaired by and at the expense amount of Landlord as soon as it can reasonably be done under the circumstancesany loss, due allowance to be taken into consideration for any delays which may arise by reason of labor troublesrestore, inability to obtain labor or materialsrepair, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other 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 or if Landlord shall decide not to repair replace or rebuild the same or if Landlord shall decide as nearly as possible to demolish the building or its value, condition and character immediately prior to convert it to other uses then and in any such event, Landlord may within sixty days after such damage occurs give or destruction or with such changes or alterations as may be requested by Master Tenant notice of such decision and thereupon approved by Master Landlord in conformity with and subject to the term of conditions set forth in this Master Lease and the Lease Rules and Regulations. Such restoration, repairs, replacements, rebuilding or alterations shall expire upon the third day after such notice is given, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwithbe commenced with due diligence, and in such casegood faith, and prosecuted with due diligence and in good faith, unavoidable delays excepted. Notwithstanding the rent shall be paid up to and apportioned as of foregoing, if 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 Improvements shall be damaged or destroyed by fire or other cause resulting casualty within two (2) years prior to the expiration of the Term and the cost of restoration exceeds fifty percent (50%) of the then insurable value of the Improvements, as estimated by a licensed architect or a licensed professional engineer selected by Master Tenant and reasonably approved in writing by Master Landlord, Master Tenant may, by written notice to Master Landlord within sixty (60) days following the damage or casualty, elect to not replace the Improvements, whereupon Master Tenant shall diligently and in good faith proceed to demolish, raze and clear the damaged Improvements and render the Land in a neat, safe and attractive condition, and any insurance proceeds with respect to the Improvements shall become the sole property of Master Landlord, although Master Tenant shall be entitled to any insurance proceeds payable to Master Tenant with respect to Master Tenant’s personal property. In such event, this Master Lease shall terminate effective upon Master Tenant satisfying all such conditions to termination. Until such termination, Master Tenant shall remain fully obligated under all of the terms and provisions of this Lease, including, without limitation, the payment of rent. (b) No destruction of, or damage to, the Master Premises or any part thereof by fire or any other casualty shall permit Master Tenant to surrender this Master Lease or shall relieve Master Tenant from its liability to pay the full rent and additional charges payable under this Master Lease, or from any negligent act of its other obligations under this Master Lease. However, if the Master Premises shall be rendered untenantable by reason of the damage or omission or breach destruction and Master Tenant is diligently and in good faith proceeding with the restoration of any provision of this Lease the Master Premises in accordance with subsection (a) above, the rent accruing to the Master Landlord hereunder shall be reasonably abated as determined by Tenant, Tenant shall nevertheless be liable to Master 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 period from the date of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord damage and Xxxxxx agree that untenantability to the agreement date when the damage shall have been repaired. (c) Nothing contained in this paragraph is an agreement made Master Lease shall relieve Master Tenant from any liability to Master Landlord or to its insurers in place of connection with any material damage to the provisions of Section 227 of the Real Property Law of New YorkMaster Premises by fire or other casualty if Master Tenant shall be legally liable in that respect.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to A. Paragraph 8 hereof notwithstanding, if the Apartment Leased 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 cause 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, in the judgment of Landlord, render all or from any a substantial portion of them the Leased Premises untenantable, then Landlord shall, subject to the limitations set forth below, repair or restore such an extent that the same cannot be repaired damage with reasonable diligence within promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control not to exceed 180 days. If any such damage renders all or a period substantial portion of sixty days the Leased Premises or if Building untenantable, 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 Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice to Tenant at any time within ninety (90) 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 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 givenTenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease by virtue of any delays in completion of repairs and surrender restoration as long as the Apartment Leased Premises are restored within 180 days of the fire or other casualty. However, Base Rent and Additional Charges shall xxxxx as to those portions of the Leased Premises as are, from time to time, untenantable, as a result of such damage until Landlord forthwithshall have completed the repairs and restorations required of Landlord hereunder. B. Landlord's duty to repair the Leased Premises is limited to repairing the Leased Premises to the condition that they were provided by Landlord at the beginning of the Term pursuant to the Tenant Improvement Work Letter attached hereto as Exhibit C, reasonable wear and tear excepted. Tenant shall repair all Alterations at the sole cost and expense of Tenant. If Tenant desires any repairs or restoration in excess of those specified above, and in if Landlord consents thereto, such case, the rent repair or restoration shall be paid up done at Tenant's sole cost and expense in accordance with the provisions of Paragraph 8 hereof. Tenant acknowledges that Landlord shall be entitled to and apportioned as the full proceeds of the date on any insurance coverage for damage to those items or decorations provided by Landlord either directly or through an allowance to Tenant, which Tenant shall vacate and surrender the demised premisesLandlord is obligated to repair. In the event the Apartment is damaged to such an extent that it is untenantable in whole Leased Premises are not repaired or in partreconstructed, rent all proceeds of insurance shall be paid up payable 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 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 or 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 cause 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 an 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 days or if Premises untenantable, 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 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 givenTenant, 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 it 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 not 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx 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. 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 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 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 cause beyond reasonable control of Landlord’s reasonable control. If To the Apartment or extent and for the building shall be damaged from such causes or from any of them to such an extent time that the same cannot be repaired with reasonable diligence within a period of sixty days Demised Premises 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 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, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such caseportions thereof are thereby rendered untenantable, the rent shall proportionately xxxxx. Provided that there are sufficient insurance proceeds available to fully repair such damage, Landlord agrees to repair such damage unless any mortgagee, having the right to do so, shall direct that the insurance proceeds are to be paid up 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 apportioned to use reasonable efforts to cause such insurance proceeds to be so applied, unless such mortgagee shall have succeeded to Landlord’s interest 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 damage, then either Landlord or Tenant shall have the 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 on specified in Landlord’s or Tenant’s notice (which Tenant shall vacate not be more than ninety (90) days thereafter), 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 (taking into account any abatement as aforesaid) shall be paid up to time of such damage and shall thereafter xxxxx in proportion adjusted 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorktermination date.

FIRE OR CASUALTY. Tenant shall give immediate 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 or 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 the building shall be partially damaged by firedestruction is other than as provided above, 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 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 or if then 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 commence within sixty ninety (90) days after such damage occurs give Tenant notice of such decision or destruction to rebuild, repair or restore the Premises and thereupon access thereto to substantially the term of same condition as when the same were delivered to Tenant, excluding the improvements owned by Tenant, and the Lease shall expire upon 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 obligated to make any repairs or replacements of any items owned by Tenant. If the third day after Lease is not terminated but the Premises are rendered totally untenantable, Rent shall xxxxx during the period of such notice is givenuntenantability. Tenant acknowledges (i) that Landlord shall not obtain insurance of any kind on Tenant's improvements and betterment to the Premises owned by Tenant or on Tenant's furniture, fixtures, equipment and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwithother personal property, 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 (ii) that it is untenantable in whole or in partTenant's obligation to obtain such insurance at Tenant's sole cost and expense, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may (iii) that Landlord 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 obligated to Landlord for repair any damage sustained by Landlord as a result thereof and thereto or replace the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorksame.

FIRE OR CASUALTY. Tenant A. Paragraph 8 hereof notwithstanding, if the Leased 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, in the judgment of Landlord, render all or other damage a substantial portion of the Leased Premises or defects in or Building untenantable, then Landlord shall, subject to the Apartment limitations set forth below, repair or restore such damage to the building Building (but not the Leased Premises) 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 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 cause matters beyond Landlord’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 an 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 days Leased Premises or if Building untenantable, 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 Base Rent being made for Tenant’s possession after the date of such damage of any tenantable portions of the Leased 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 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 givenTenant, and Tenant shall thereupon vacate not be entitled to terminate this Lease by virtue of any delays in completion of repairs and surrender restoration. However, Base Rent shall xxxxx as to those portions of the Apartment Leased Premises as are, from time to time, untenantable as a result of such damage until Landlord shall have completed the repairs and restorations required of Landlord hereunder. B. In the event the Leased Premises or the Building is damaged by fire or other casualty resulting from the intentional misconduct of Tenant, its agents, contractors, employees or invitees and if this Lease shall not be terminated by Landlord as a result of such damage, Tenant shall not be released from any of its obligations hereunder, including, without limitation, its duty to repair the Leased Premises and its liability to Landlord forthwithfor damages caused by such fire or other casualty and its duty to pay Base Rent and Additional Charges, which Base Rent and in Additional Charges shall not be abated. C. Tenant shall repair the Leased Premises and all Alterations at the sole cost and expense of Tenant. All such case, the rent repair or restoration shall be paid up to done in accordance with the provisions of Paragraphs 8 and apportioned as of the date on which Tenant shall vacate and surrender the demised premises9 hereof. In the event the Apartment is damaged to such an extent that it is untenantable in whole Leased Premises are not repaired or in partreconstructed, rent all proceeds of insurance whether carried by Landlord or Tenant shall be paid up payable 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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. a. 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 Landlord. If, in case the reasonable judgment of fire or accident or other damage or 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 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 Premises is feasible within a period of sixty days nine (9) months from the date of the damage, and provided such damage was not caused by Tenant, its agents, servants or if invitees, 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 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, 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 date on which Commencement Date, provided that adequate insurance proceeds are made available to Landlord. 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 it is untenantable casualty. If the Premises are Unusable, 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; provided, however, that if such damage or destruction shall result from the act or omission of Tenant, its employees, agents or invitees, tenant shall not be entitled to any abatement of Monthly Base Rent or Additional Rent. b. 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, 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 not 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. Landlord’s architect shall use reasonable efforts to determine, within sixty (60) days after the date of the casualty, the approximate amount of time that will be required in order to restore the Premises in accordance with the terms of this Lease. c. In case the Building is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct such Building, then this Lease by Tenant, Tenant and the tenancy hereunder shall nevertheless be liable to Landlord for any damage sustained terminate on the date specified by Landlord as in a result thereof and notice given to Tenant no later than forty-five (45) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

FIRE OR CASUALTY. a. 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 Landlord. If, in case the reasonable judgment of fire or accident or other damage or 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 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 Premises is feasible within a period of sixty days twelve (12) months from the date of the damage, and provided such damage was not caused by Tenant, its agents, servants or if invitees, 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 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, 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 date on which Commencement Date, provided that adequate insurance proceeds are made available to Landlord. 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 it is untenantable casualty. If the Premises are unusable, 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; provided, however, that if such damage or destruction shall result from the act or omission of Tenant, its employees, agents or invitees, Tenant shall not be entitled to any abatement of Monthly Base Rent or Additional Rent. b. If restoration is not feasible in the reasonable judgment of Landlord’s architect within the aforesaid twelve (12) month period, Landlord shall so notify Tenant, 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 not 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. c. In case the Building is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct such Building, then this Lease by Tenant, Tenant and the tenancy hereunder shall nevertheless be liable to Landlord for any damage sustained terminate on the date specified by Landlord as in a result thereof and notice given no later than sixty (60) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

FIRE OR CASUALTY. a. Tenant shall must give immediate Landlord prompt written notice to Landlord in case of fire or accident or other any fire, accident, damage or defects dangerous or defective condition in or to affecting the Apartment or the building and to any of the fixtures or equipment thereinBuilding. If the entire Apartment or the building shall cannot 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 used 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 cause beyond Landlord’s reasonable controlcasualty for a period of time greater than thirty (30) days, Tenant is not required to pay Rent for the time the Apartment is unusable (subject to Paragraphs 24e). If part of the Apartment or the building shall be damaged from such causes or from any of them to such an extent that the same apartment cannot be repaired with reasonable diligence within used for a period of sixty days or if greater than thirty (30) days, Tenant must pay Rent for the usable part (subject to Paragraph 24e). Landlord shall have the sole and absolute right to 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 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, 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 is usable. Landlord need only repair the damaged structural parts of the Apartment. Landlord is not be usable until such time as required to repair or replace any appliances, equipment, fixtures, furnishings, decorations or other property in or servicing the premises apartment unless same was originally installed by Landlord. Landlord shall have been put into repair. not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord’s control. b. If the Apartment or the building shall be damaged or is totally destroyed by fire or other cause resulting from any negligent act or omission or breach of any provision of this Lease by Tenantcasualty, and Landlord notifies Tenant that it has, in its sole discretion, determined not to repair the damage, Tenant shall nevertheless pay Rent until the time of destruction and, at that point, this Lease shall be terminated. Tenant has no right to cancel this Lease due to fire or casualty. This Paragraph 24 is intended to replace the terms of New York Real Property Law Section 227. c. After a fire, accident or other casualty in the Building, Landlord may decide to tear down the Building or to substantially rebuild it. In such case, Landlord need not restore the Apartment but may end this Lease. Landlord may do this even f the Apartment has not been damaged by giving Tenant written notice of this decision within thirty (30) days after the date the damage occurred. If the Apartment is usable when Landlord gives Tenant such notice, this Lease will end sixty (60) days from the last day of the calendar month in which Tenant was given the notice. d. Tenant agrees to first seek recovery for any and all damages or losses under any insurance policy maintained by Tenant pursuant to Paragraph 13 or otherwise prior to seeking recovery from Landlord and Landlord shall not be liable to Tenant until Tenant’s claims are satisfied from such insurance policy or would have been satisfied if Tenant had obtained such required insurance. Unless prohibited by the applicable insurance policies, to the extent that such insurance is collected, Tenant hereby releases and waives all right of recovery against the Landlord for any damage sustained or anyone claiming through or under the Landlord by Landlord as a result thereof and way of subrogation. e. If the making of any necessary fire or other casualty is caused by Tenant’s act or Tenants neglect or Tenant’s guest or Occupant then all repairs or rebuilding by Landlord shall not constitute a waiver will be made at Tenant’s expense and, in addition, Tenant must pay the full Rent with no adjustment. The cost of the claims of Landlord, or of its insurer repairs will be paid by subrogation, against Tenant for such damages. Landlord and 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 Yorkas Additional Rent.

FIRE OR CASUALTY. a. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate notice immediately inform Landlord thereof, and this Lease shall continue in full force and effect, except as hereinafter set forth. b. Except as specifically provided in this Section, Tenant agrees that it shall not be relieved of the obligations to Landlord pay Rent in case of damage to or destruction of the Premises or Building or any portion thereof. Tenant waives the benefit of any law to the contrary. c. If all or a material portion of the Premises are damaged or rendered unusable by fire or accident or other damage or defects in or casualty, and the damages to the Apartment or the building and to any Premises can, in Landlord’s reasonable judgment, be reasonably repaired within one hundred eighty (180) days of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fireoccurrence of such damage, the damages damages, to the extent covered by insurance and affecting the tenant installation provided or paid for by Landlord, shall be repaired by and at the expense of Landlord and the Rent, until such repair shall be substantially completed, shall xxxxx in proportion to the area of the Premises which was damaged or unusable by Tenant for so long as soon as the Premises, or each such portion thereof, is damaged or unusable, it can reasonably be done under being the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor intent that such abatement shall not affect or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other cause beyond reduce Landlord’s reasonable controlrent insurance coverage. If Notwithstanding anything to the Apartment or the building contrary herein, Landlord 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 or if Landlord shall decide not obligated to repair or rebuild restore any personal property of Tenant or any fixtures or Tenant installation not installed by and paid for by Landlord. d. If Landlord repairs and restores the same or if Landlord Premises in accordance with Section 18.c such repairs and restorations shall decide to demolish the building or to convert it to other uses then and in be made with all reasonable expedition. After any such eventfire or other casualty, Tenant shall cooperate with Landlord’s restoration by removing from the Premises as promptly as reasonably possible and to the extent reasonably necessary, all of Tenant’s and any sublessee’s salvageable inventory and movable equipment, furniture, and other property. Tenant’s liability for Rent shall resume five (5) business days after written notice from Landlord of substantial completion of repairs to the Premises. For purposes hereof, “substantial completion” shall mean the date upon which Landlord has procured a temporary or permanent certificate of occupancy permitting occupancy of the Premises by Tenant. e. If all or substantially all of the Premises are damaged or rendered unusable by fire or other casualty, or (whether or not the Premises are damaged in whole or in part) if the Building shall be substantially damaged so that Landlord in its reasonable opinion, cannot rebuild both the Premises and the Building to their pre-existing condition within one hundred eighty (180) days, then, in either of such events, either Landlord or Tenant may within sixty elect to terminate this Lease by written notice to the other, specifying a date for the expiration of the Lease, which date shall not be more than one hundred eighty (180) days after such damage occurs give Tenant fire or other casualty, and upon the date specified in such notice of such decision and thereupon the term of the this Lease shall expire upon as fully and completely as if such date were the third day after such notice is given, expiration date of the Term and Tenant shall thereupon forthwith quit, surrender and vacate the Premises without prejudice however, to Landlord’s rights and surrender remedies against Tenant under the Apartment Lease provisions in effect prior to Landlord forthwith, such termination; and in such case, the rent any Rent owing shall be paid up to such date and apportioned as any payments of Rent made by Tenant which were on account of any period subsequent to such date shall be credited against amounts owed by Tenant to Landlord or refunded to Tenant. If neither party terminates the Lease, to the extent of the date on insurance proceeds available to Landlord therefor, Landlord shall repair and restore the Building and/or the Premises to substantially the same condition in 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 they were immediately prior 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 casualty, except that Landlord shall not be required to rebuild, repair, or replace any part of Tenant’s furniture, fixtures, furnishings, or equipment or any alterations, additions, or improvements made by Tenant to the Premises. Landlord’s repair and restoration work shall not exceed the scope of work done in originally constructing the Premises. Landlord shall not be liable for any inconvenience, annoyance, or injury done to the business of Tenant resulting in any way from such damage or the repair therefor, and Tenant’s obligations to pay Rent shall continue unabated, except that Landlord shall allow Tenant an equitable reduction of Rent during the time and to the extent the Premises are unfit for occupancy, save for Tenant’s fault or negligence hereinbelow described. f. Notwithstanding anything to the contrary contained in this Section or any negligent act law, should the Premises or omission Building be damaged by fire of other casualty as a result of the negligence of Tenant or breach any sublessee or any employee, agent or visitor of any provision of this Lease by Tenanteither, Tenant shall nevertheless have no right to terminate this Lease and there shall be no abatement of Rent under this Section, and Tenant shall be liable to Landlord for any damage sustained by Landlord as a result thereof and such damage, subject to the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the other provisions of Section 227 of the Real Property Law of New Yorkhereof.

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 thereinSection 11.1. If the Apartment or the building shall be partially damaged by fire, the damages elements, unavoidable accident or other casualty, but is not thereby rendered untenantable in whole or in part, Tenant shall be repaired by and at the its own expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance cause such damage to be taken into consideration for any delays which may arise repaired, and the rent shall not be abated. If, by reason of labor troublessuch occurrence, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other cause beyond Landlord’s reasonable control. If the Apartment or the building shall be 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 checks representing the insurance proceeds. If Landlord shall fail to so endorse such check or 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 have the right, to be exercised by notice in writing delivered to Landlord 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 tenancy hereby created shall cease as of the date of this said occurrence, the rent to be adjusted as of such date, and Tenant shall endorse to Landlord all insurance proceeds paid or to be paid on account of such damage. Section 11.2. If fifty per cent (50%) or more of the rentable area of the Shopping Center shall be damaged from such causes or from any of them to such an extent destroyed by fire or other cause, notwithstanding that the same cannot leased premises may be repaired with reasonable diligence within a period of sixty days unaffected by such fire or if other cause, Tenant shall have the right, to be exercised by notice in writing delivered to 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 from and after such damage occurs give Tenant notice said occurrence, to elect to cancel and terminate this lease. Upon the giving of such decision and thereupon notice, the term of the Lease this lease shall expire by lapse of time upon the third day after such notice is given, and Tenant Xxxxxx shall thereupon vacate the leased premises and surrender the Apartment same to Landlord forthwithas quickly as reasonable arrangements for removal can be made by Xxxxxx. Whether or not Tenant shall have exercised its right under this Section, this lease shall not be terminated if within sixty (60) days from and after said occurrence, Landlord shall notify Tenant in such case, writing that the rent shall Shopping Center will be paid up to and apportioned as of substantially restored within six months 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkwritten notice.

FIRE OR CASUALTY. a. 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 Landlord. If, in case the reasonable judgment of fire or accident or other damage or 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 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 Premises is feasible within a period of sixty days twelve (12) months from the date of the damage, and provided such damage was not caused by Tenant, its agents, servants or if invitees, 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 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, 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 date on which Commencement Date, provided that adequate insurance proceeds are made available to Landlord. 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 it is untenantable casualty. If, as a result of such casualty, the Premises are rendered untenantable, in whole or in part, rent and Tenant ceases to occupy the whole or such part of the Premises during the restoration of such portion of the Premises, the Monthly Base Rent and Additional Rent hereunder shall be paid up abated to time the extent and for the period that the Premises (or portion thereof) are rendered untenantable; provided, however, that if such damage or destruction shall result from the act or omission of Tenant, its employees, agents or invitees, Tenant shall not be entitled to any abatement of Monthly Base Rent or Additional Rent. b. If restoration is not feasible in the reasonable judgment of Landlord's architect within the aforesaid twelve (12) month period, Landlord shall so notify Tenant, 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 notice of such determination is given by Landlord to Tenant, 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 not 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. c. In case the Building is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct such Building, then this Lease by Tenant, Tenant and the tenancy hereunder shall nevertheless be liable to Landlord for any damage sustained terminate on the date specified by Landlord as in a result thereof and notice given no later than sixty (60) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

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 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 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 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 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 damage occurs 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 giventhis 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 it 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 not 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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.this Paragraph, Landlord shall have no further obligations to

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 or 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 cause 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 an extent that the same cannot be repaired with reasonable diligence within a period of sixty days or other casualty, 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 damage occurs 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. 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 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 date 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 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, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the time Landlord is so delayed. b. In the event Landlord is obligated to repair or elects to rebuild, Tenant shall, upon notice from Landlord, forthwith remove, at its sole cost and expense, such portion or all of Tenant's shelves, bins, machinery and other trade fixtures and all other property belonging to Tenant from such portion or all of the Demised Premises as Landlord shall nevertheless be liable to Landlord for request and Tenant hereby indemnifies and holds harmless the property, Landlord, Landlord’s agents and employees from any loss, liability, claims, suits, costs, expenses, including attorney's fees and damages, both real and alleged, arising out of any damage sustained by Landlord or injury as a result thereof and of the making failure to properly secure the Demised Premises prior to such removal and/or as a result of such removal. c. Notwithstanding anything herein to the contrary, in the event the holder of any necessary repairs indebtedness secured by a mortgage or rebuilding by deed of trust covering the Demised Premises or the Building requires that the insurance proceeds be applied to such indebtedness, then Landlord shall not constitute a waiver have the right to terminate this Lease by delivering written notice of the claims of Landlordtermination to Tenant within fifteen (15) days after such requirement is made by any such holder, or of its insurer by subrogation, against Tenant for such damages. Landlord whereupon all rights and 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 Yorkobligations hereunder shall cease and terminate.

FIRE OR CASUALTY. a. 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 Landlord. If, in case the judgment of fire or accident or other damage or 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 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 Premises is possible within a period of sixty days or if six (6) months from the date of the damage, 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 damage occurs give Tenant notice of such decision and thereupon the term extent of the Lease shall expire upon improvements therein on the third day after such notice is givenCommencement Date, provided adequate insurance proceeds are available and Tenant shall thereupon vacate and surrender the Apartment make all of its insurance proceeds available to Landlord forthwithin accordance with Tenant's insurance obligations set forth in Section 12, above (subject to any prior rights of any mortgagee in and in to such caseproceeds). In addition, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate repair and surrender restore, at Tenant's sole expense, all Alterations made by Tenant in the demised premisesPremises and all trade fixtures and other equipment and property owned by Tenant and located in the Premises. In If the event the Apartment is damaged to such an extent that it is untenantable Premises are unusable, 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; provided, however, that if such damage or destruction shall result from the fault of Tenant, its agents, servants or invitees, Tenant shall not be entitled to any abatement of Monthly Base Rent or Additional Rent. b. If restoration is not possible on the sole judgment of Landlord's architect within the aforesaid six (6) month period, Landlord shall so notify Tenant, 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 not 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. c. In case the Building generally is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct the Building, then this Lease by Tenant, Tenant and the tenancy hereunder shall nevertheless be liable to Landlord for any damage sustained terminate on the date specified by Landlord as in a result thereof and notice given no later than sixty (60) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or 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 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 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 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, 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 totally damaged or destroyed or rendered untenantable by fire or other cause resulting 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 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 any portion thereof, as a result 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 negligent act 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 omission other casualty, 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; provided, however, that Landlord shall not be required to repair or breach 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 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 provision applicable cure period), Tenant may, upon notice to Landlord within thirty (30) days after Tenant’s receipt of the 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 service of such notice, the following conditions (the Rebuild Conditions”) shall be satisfied: A. Tenant shall exercise its option on the first Extension Term as provided in Paragraph 34 of this Lease; provided, however, that the term of such first Extension Term shall be increased to the extent necessary to extend the Term of this Lease by so that there shall be a total of ten (10) years remaining in the Term of the Lease (measured from the date Landlord delivers the restored Premises to Tenant, ); and B. Tenant shall nevertheless waive its contraction options under Paragraph 31 of this Lease. Provided the Obligation Notice is effective, Landlord shall be liable obligated and shall proceed with reasonable diligence to Landlord for any repair the damage sustained by Landlord as a result thereof and restore and rebuild the Building and the making of any necessary repairs or rebuilding by Premises at Landlord’s 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 l1.B.(2). If Tenant does not provide Landlord with the Obligation Notice within thirty (30) days of Tenant’s receipt of the claims Rebuild Notice, Landlord shall have no obligation to rebuild the Premises, and Landlord may, at its option, terminate this Lease by giving written notice thereof to Tenant. In the event that such notice of Landlordtermination shall be given, this Lease shall terminate as of the date provided in such notice of termination with the same effect as if that date were the expiration date of the Term. Any dispute which may arise between the parties with respect to the meaning or application of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place any of the provisions of Section 227 of this Paragraph 12 shall be determined by a partner at an architectural firm acceptable to Landlord and Tenant whose fees and expenses shall be borne equally by Landlord and Tenant (“Architect”). If Landlord and Tenant cannot agree on an Architect, then each shall select an architect and the Real Property Law of New Yorktwo architects shall select a third architect whose decision shall be binding on the parties.

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 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 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 by reason of labor troublesrequired to restore, inability to obtain labor or materialsbut including the Tenant 26 TEXAS WITH BASE YEAR Improvements made under the Work Letter) and this Lease shall continue in full force and effect. Notwithstanding the foregoing, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other cause 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 an 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 damage occurs 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 of the casualty. (b) Landlord may elect to terminate this Lease in any of the following cases of damage or destruction to the Premises, the Building or the Property: (i) where the cost of rebuilding, repairing and surrender restoring (collectively, “Restoration”) of the demised premisesBuilding or the Property, would, regardless of the lack of damage to the Premises or access thereto, in the reasonable opinion of Landlord, exceed twenty percent (20%) of the then replacement cost of the Building; (ii) where, in the case of any damage or destruction to any portion of the Building or the Property by uninsured casualty (provided Landlord carries the insurance required under this Lease), the cost of Restoration of the Building or the Property, in the reasonable opinion of Landlord, exceeds $*******; or (iii) where, in the case of any damage or destruction to the Premises or access thereto by uninsured casualty (provided Landlord carries the insurance required under this Lease), the cost of Restoration of the Premises or access thereto, in the reasonable opinion of Landlord, exceeds twenty percent (20%) of the replacement cost of the Premises; or (iv) if Landlord has not obtained appropriate zoning approvals for reconstruction of the Property, Building or Premises, despite using commercially reasonable efforts to obtain such approvals. In the event the Apartment is damaged to Any such an extent that it is untenantable in whole or in part, rent termination shall be paid up made by thirty (30) days’ prior written notice to time Tenant given within one hundred twenty (120) days of the date of such damage or destruction. If this Lease is not terminated by Landlord or Tenant and as the result of any damage or destruction, the Premises, or a portion thereof, are rendered untenantable, the Rent shall thereafter xxxxx reasonably and equitably during the period of Restoration, commencing as of the date of the casualty (based upon the extent to which such damage and Restoration render portions of the Premises untenantable). This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, the Building or the Property. This Lease sets forth the terms and conditions upon which this Lease may terminate in proportion the event of any damage or destruction. (c) Notwithstanding anything in this Paragraph 9 to the part contrary, (i) if Landlord, in its Repair Notice, estimates that the damage caused by the casualty cannot be repaired within one hundred eighty (180) days after the date of the Apartment which may casualty or (ii) if Landlord, in its Repair Notice, estimates that the damage caused by the casualty cannot be usable until such time as repaired within thirty (30) days after the premises date of the casualty that occurs during the last twelve (12) months of the Lease Term, then Tenant shall have been put into repair. the right and option to terminate this Lease without penalty, by giving written notice to Landlord at any time within thirty (30) days after receipt of the Repair Notice, in which case Rent shall xxxxx reasonably and equitably as of the date of the casualty (based upon the extent to which such damage and Restoration render portions of the Premises untenantable) until the effective date of termination. (d) If this Lease is not terminated as a result of the Apartment or damage and Landlord does not Substantially Complete (as defined in Exhibit B) its repair and restoration within 90 days after the building shall expiration of the time estimated by Landlord to be damaged or destroyed by fire or other cause resulting from necessary to complete same, subject to any negligent act or omission or breach Tenant Delays, and the repair and restoration is not complete at the time Tenant gives its notice of any provision of termination, then Tenant may terminate this Lease by Tenant, Tenant shall nevertheless be liable giving notice to Landlord for any damage sustained by Landlord as a result thereof and within thirty (30) days after the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver last day of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 York90 day period.

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 or 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 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 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 damage occurs 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 givenrebuild, 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 it 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 occupied by Tenant or until the Lease is terminated in accordance with this Paragraph 14. The Landlord shall not be usable until such time as liable, regardless of cause, 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 claims of LandlordLeased Premises, or of its insurer by subrogationany portions thereof or any contents, against Tenant for such damages. Landlord and Xxxxxx 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. Tenant shall give immediate notice The Landlord has the right to Landlord in case of fire terminate this Lease if all 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 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 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 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, 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 Premises is damaged or destroyed by fire or other cause resulting from any negligent act casualty to the extent that it cannot reasonably be repaired within one hundred (100) days after the date of such fire or omission casualty. This right of termination is exercisable by written notice to Tenant within sixty (60 days of the date of the fire or breach of any provision of other casualty. If this Lease is not terminate, Landlord shall promptly and in good faith, seed to restore the Premises. Such restoration shall be to substantially the same condition that existed prior to the fire or other casualty, except for modifications required by Tenantlaw. Upon notice from Landlord, Tenant shall nevertheless assign to Landlord (or Landlord's designee) all property insurance proceeds payable to Tenant under Tenant's insurance with respect to any leasehold improvements for the benefit of Tenant; provided that if the estimated cost to repair such leasehold improvements exceeds the amount of insurance proceeds received by Landlord form Tenant's insurance carrier, the excess cost of such repairs shall be liable paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within fourteen (14) days of demand, Tenant shall also pay Landlord for any damage sustained by excess costs identified during the course of repair work. Landlord shall not be liable for any inconvenience to Tenant, or injury to Xxxxxx's business resulting in any way from the fire or other casualty or the repair work. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered unusable as a result thereof and the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlordfire or other casualty, or of its insurer by subrogation, against Tenant the Rent shall xxxxx for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place portion of the provisions of Section 227 of the Real Property Law of New YorkPremises that is unusable.

FIRE OR CASUALTY. a. 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 in case Landlord. Within sixty (60) days after the date of fire or accident or other damage or defects in or any casualty to the Apartment or the building and to any Premises, Landlord shall provide Tenant with written notice of the fixtures or equipment thereinlength of time needed to restore the Premises pursuant to the terms of this Section 13 (the "Casualty Notice"). If the Apartment or Casualty Notice states that restoration of 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 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 Premises is feasible within a period of sixty days nine (9) months from the date of the damage, and provided such damage was not caused by Tenant, its agents, servants or if invitees, 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 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, 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 date on which Possession Date, provided that adequate insurance proceeds are made available to Landlord. 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 it is untenantable casualty. If the Premises are unusable, 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; provided, however, that if such damage or destruction shall result from the act or omission of Tenant, its employees, agents or invitees, Tenant shall not be entitled to any abatement of Monthly Base Rent or Additional Rent. b. If the Casualty Notice states that restoration of the Premises is not feasible within the aforesaid nine (9) month period 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 delivery of the Casualty Notice, 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 not be usable until date of such time as the premises shall have been put into repairtermination. If neither party exercises its right of termination, the Apartment or the building Premises shall be restored as provided above. c. In case the Building is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission reconstruct such Building, then this Lease and the tenancy hereunder shall terminate on the date specified by Landlord in a written notice given no later than sixty (60) days after the date of such casualty. d. If the Premises shall be rendered untenantable to the extent of eighty percent (80%) or breach more by fire or other casualty during the last twelve (12) months of any provision the Term, Landlord or Tenant may terminate this Lease upon notice to the other party given within ninety (90) days after such fire or other casualty specifying an effective date, not less than twenty (20) days nor more than forty (40) days after the giving of such notice, on which the Term shall expire as fully and completely as if such date were the date originally fixed for the expiration of the Term. If either Landlord or Tenant terminates this Lease pursuant to this Section 13.d, Base Rent and Tenant’s Expense Increase Share shall be apportioned as of the date of such termination. e. If Landlord commences to restore the Premises in accordance with the terms of this Lease Section 13 and Landlord fails to substantially complete the restoration work which Landlord is obligated to perform hereunder within one hundred twenty (120) days after the estimated completion date set forth in the Casualty Notice, and such failure does not result from a force majeure event, or a delay caused by Tenant or any agent, contractor or employee of Tenant, then Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and have the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of right, during the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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.thirty

FIRE OR CASUALTY. a. 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 Landlord. If, in case the judgment of fire or accident or other damage or 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 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 Premises is possible within a period of sixty days six (6) months from the date of the damage, and provided such damage was not caused by Tenant, its agents, servants or if invitees, 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 damage occurs give Tenant notice of such decision and thereupon the term extent of the Lease shall expire upon Tenant Improvements set forth in the third day after such notice is givenWork Agreement, provided adequate insurance proceeds are available and Tenant shall thereupon vacate and surrender the Apartment make all of its insurance proceeds available to Landlord forthwithin accordance with Tenant's insurance obligations set forth in Section 12 hereof (subject to any prior rights of any mortgagee in and to such proceeds). In addition, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate repair and surrender restore, at Tenant's sole expense, all Alterations made by Tenant in the demised premisesPremises and all trade fixtures and other equipment and property owned by Tenant and located in the Premises. In If the event the Apartment is damaged to such an extent that it is untenantable Premises are unusable, 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; provided, however, b. If restoration is not possible in the sole judgment of Landlord's architect within the aforesaid six (6) month period, Landlord shall so notify Tenant, 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 not 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. c. In case the Building generally is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct the Building, then this Lease by Tenant, Tenant and the tenancy hereunder shall nevertheless be liable to Landlord for any damage sustained terminate on the date specified by Landlord as in a result thereof and notice given no later than sixty (60) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or 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 cause 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 an 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 days the Premises or if of the Building, 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 occurrence of such damage occurs give Tenant notice estimate the length of such decision 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 it 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 alterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration are included within the definition of "Work" (but not be usable until such time as "Additional Work") in the premises shall have been put into repairWorkletter 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx 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. a. 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 Landlord. If, in case the reasonable judgment of fire or accident or other damage or defects in or Landlord’s architect (to the Apartment or the building and to any be made within thirty (30) days of such notice), restoration of the fixtures or equipment therein. If Premises, including Common Areas necessary to access the Apartment or the building shall be partially damaged by firePremises, 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 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 is feasible within a period of sixty days or if twelve (12) months from the date of the damage, Landlord shall decide not restore the Premises and such Common Areas to the condition existing immediately prior to the casualty, provided that adequate insurance proceeds are made available to Landlord. 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. It shall be Tenant’s obligation to repair or rebuild and restore, at Tenant’s sole expense, all Tenant’s Personal Property located in the same or if Landlord shall decide Premises prior to demolish the building or to convert it to other uses then and in any such eventcasualty. If, Landlord may within sixty days after such damage occurs give Tenant notice as a result 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 casecasualty, 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 Premises are rendered untenantable, in whole or in part, rent and Tenant ceases to occupy the whole or such part of the Premises during the restoration of such portion of the Premises, the Monthly Base Rent and Additional Rent hereunder shall be paid up abated to time the extent and for the period that the Premises (or portion thereof) are rendered untenantable. Notwithstanding the foregoing, even though such restoration within twelve (12) months is feasible, Landlord may terminate this Lease if the damage/casualty occurs during the last two (2) years of the Term or an Extension Period (as applicable) unless Tenant agrees to exercise the first or remaining Extension Option (as the case may be). b. If restoration is not feasible in the reasonable judgment of Landlord’s architect within the aforesaid twelve (12) month period (such judgment to be made within thirty (30) days of notice of the damage from Tenant to Landlord), or if restoration is not permitted under the Ground Lease, Landlord shall so notify Tenant, 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 notice of such determination is given by Landlord to Tenant, 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 not 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. c. In case the Building is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct such Building, then Landlord shall so notify Tenant in writing and this Lease by Tenant, Tenant shall nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and the making tenancy hereunder shall terminate no later than sixty (60) days after the date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 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 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 or 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 cause 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 an 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 damage occurs 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 givenLandlord, 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 it 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 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkproportionately xxxxx.

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 cause 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 days (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 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, 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 claims claim of Landlord, the Company or of its insurer by subrogation, against Tenant Cooperator for such damages. Landlord The Company and Xxxxxx 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. 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 or 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 cause 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 an 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 damage occurs 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 givenLandlord, 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 it 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 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

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 or 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 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 speed. If Landlord fails to complete such repairs within a period 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 sixty days 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 damage occurs 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkproportionately xxxxx.

FIRE OR CASUALTY. a. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate notice immediately inform Landlord thereof, and this Lease shall continue in full force and effect, except as hereinafter set forth. b. Except as specifically provided in this Section, Tenant agrees that it shall not be relieved of the obligations to Landlord pay Rent in case of damage to or destruction of the Premises or Building or any portion thereof. Tenant waives the benefit of any law to the contrary. c. If all or a material portion of the Premises are damaged or rendered unusable by fire or accident or other damage or defects in or casualty, and the damages to the Apartment or the building and to any Premises can, in Landlord’s reasonable judgment, be reasonably repaired within one hundred eighty (180) days of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fireoccurrence of such damage, the damages damages, to the extent covered by insurance and affecting the tenant installation provided or paid for by Landlord, shall be repaired by and at the expense of Landlord and the Rent, until such repair shall be substantially completed, shall xxxxx in proportion to the area of the Premises which was damaged or unusable by Tenant for so long as soon as the Premises, or each such portion thereof, is damaged or unusable, it can reasonably be done under being the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor intent that such abatement shall not affect or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other cause beyond reduce Landlord’s reasonable controlrent insurance coverage. If Notwithstanding anything to the Apartment or the building contrary herein, Landlord 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 or if Landlord shall decide not obligated to repair or rebuild restore any personal property of Tenant or any fixtures or Tenant installation not installed by and paid for by Landlord. d. If Landlord repairs and restores the same or if Landlord Premises in accordance with Section 18(c) such repairs and restorations shall decide to demolish the building or to convert it to other uses then and in be made with all reasonable expedition. After any such eventfire or other casualty, Tenant shall cooperate with Landlord’s restoration by removing from the Premises as promptly as reasonably possible and to the extent reasonably necessary, all of Tenant’s and any sublessee’s salvageable inventory and movable equipment, furniture, and other property. Tenant’s liability for Rent shall resume five (5) business days after written notice from Landlord of substantial completion of repairs to the Premises. For purposes hereof, “substantial completion” shall mean the date upon which Landlord has procured a temporary or permanent certificate of occupancy permitting occupancy of the Premises by Tenant e. If all or substantially all of the Premises are damaged or rendered unusable by fire or other casualty, or (whether or not the Premises are damaged in whole or in part) if the Building shall be substantially damaged so that Landlord in its reasonable opinion, cannot rebuild both the Premises and the Building to their pre-existing condition within one hundred eighty (180) days, then, in either of such events, either Landlord or Tenant may within sixty elect to terminate this Lease by written notice to the other, specifying a date for the expiration of the Lease, which date shall not be more than one hundred eighty (180) days after such damage occurs give Tenant fire or other casualty, and upon the date specified in such notice of such decision and thereupon the term of the this Lease shall expire upon as fully and completely as if such date were the third day after such notice is given, expiration date of the Term and Tenant shall thereupon forthwith quit, surrender and vacate the Premises without prejudice however, to Landlord’s rights and surrender remedies against Tenant under the Apartment Lease provisions in effect prior to Landlord forthwith, such termination; and in such case, the rent any Rent owing shall be paid up to such date and apportioned as any payments of Rent made by Tenant which were on account of any period subsequent to such date shall be credited against amounts owed by Tenant to Landlord or refunded to Tenant. If neither party terminates the Lease, to the extent of the date on insurance proceeds available to Landlord therefor, Landlord shall repair and restore the Building and/or the Premises to substantially the same condition in 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 they were immediately prior 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 casualty, except that Landlord shall not be required to rebuild, repair, or replace any part of Tenant’s furniture, fixtures, furnishings, or equipment or any alterations, additions, or improvements made by Tenant to the Premises. Landlord’s repair and restoration work shall not exceed the scope of work done in originally constructing the Premises. Landlord shall not be liable for any inconvenience, annoyance, or injury done to the business of Tenant resulting in any way from such damage or the repair therefor, and Tenant’s obligations to pay Rent shall continue unabated, except that Landlord shall allow Tenant an equitable reduction of Rent during the time and to the extent the Premises are unfit for occupancy, save for Tenant’s fault or negligence hereinbelow described. f. Notwithstanding anything to the contrary contained in this Section or any negligent act law, should the Premises or omission Building be damaged by fire of other casualty as a result of the negligence of Tenant or breach any sublessee or any employee, agent or visitor of any provision of this Lease by Tenanteither, Tenant shall nevertheless have no right to terminate this Lease and there shall be no abatement of Rent under this Section, and Tenant shall be liable to Landlord for any damage sustained by Landlord as a result thereof and such damage, subject to the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the other provisions of Section 227 of the Real Property Law of New Yorkhereof.

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 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 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 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, 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord Land and 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 YorkImprovements.

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 or 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 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 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 damage occurs 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 givenso 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 it 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 claims of LandlordProject, the Leased Premises, the Building, or of its insurer by subrogationany portions thereof or any contents, against Tenant for such damages. Landlord and Xxxxxx 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. 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 or 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 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 Premises is feasible within a period of sixty days or if nine (9) months from the date of the damage, 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 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, 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 it 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 not 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx 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 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 or 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 cause 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 thirty (30) 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 an 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 days such damage or if (iii) occurs within the last two (2) Lease Years, Landlord shall decide not have the right to repair or rebuild terminate this Lease as of the same or if date of such damage upon written notice given to the Tenant at any time within ninety (90) 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 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 givenTenant, 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 xxxxx 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 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 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 which would become the Landlord’s property upon the termination of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 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 or 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 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 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 damage occurs 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 givenso 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 it 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 claims of LandlordProject, the Leased Premises, the Building, or of its insurer by subrogationany portions thereof or any contents, against Tenant for such damages. Landlord and Xxxxxx 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 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 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 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 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, 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 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 claims damage or destruction. Estimates of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx 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 shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to A. If the Apartment Premises or the building and to any of the fixtures Property (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 cause 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 the Premises, or the Property untenantable, or in Landlord’s architect or contractor’s reasonable judgment in good faith require more than nine (9) months to such an extent that repair and restore, then Landlord shall repair and restore the same cansame, subject to delays caused by matters beyond Landlord's reasonable control but Landlord shall not be repaired obligated to expend therefor an amount in excess of the proceeds of insurance recovered with respect thereto. If any such damage renders all or a substantial portion of the Premises, or the Property untenantable, or in Landlord’s architect or contractor’s reasonable diligence within a period of sixty days or if judgment requires more than nine (9) months to repair and restore, Landlord shall decide not provide Tenant written notice promptly after such determination and Landlord and Tenant shall each have the right to repair or rebuild terminate this Lease upon giving written notice to the same or if other at any time within sixty (60) days after Tenant receives the notice of Landlord’s determination as set forth above. 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 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 givenTenant, 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 case, the rent shall be paid up to and apportioned as xxxxx on those portions of the date on which Tenant Premises as are, from time to time, untenantable as a result of such damage. B. Notwithstanding anything to the contrary herein set forth, Landlord shall vacate and surrender not be obligated pursuant to this Section 11 to repair or restore any portion of the demised premisesalterations, additions or improvements in the Premises or Tenant’s equipment. 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 is terminated as a result thereof and of a casualty, Tenant acknowledges that Landlord shall be entitled to the making full proceeds of any necessary repairs insurance coverage, for damage to alterations, additions, improvements or rebuilding decorations provided by Landlord shall not constitute a waiver of the claims of Landlord, either directly or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is through an agreement made in place of the provisions of Section 227 of the Real Property Law of New Yorkallowance to Tenant.

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 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 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 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, 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord Land and 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 YorkImprovements.

FIRE OR CASUALTY. a. 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 Landlord. If, in case the reasonable judgment of fire or accident or other damage or 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 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 Premises is feasible within a period of sixty days nine (9) months from the date of the damage, and provided such damage was not caused by Tenant, its agents, servants or if invitees, 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 damage occurs give Tenant notice of such decision and thereupon the term extent of the Lease shall expire upon Tenant Improvements set forth in the third day after such notice is givenWork Agreement, and provided that adequate insurance proceeds are made available to Landlord. 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 thereupon vacate repair and surrender restore, at Tenant's sole expense, all Alterations, furniture, fixtures and other property of Tenant located in 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 Premises prior to such an extent that it is untenantable casualty. If the Premises are unusable, 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; provided, however, that if such damage or destruction shall result from the act or omission of Tenant, its employees, agents or invitees, Tenant shall not be entitled to any abatement of Monthly Base Rent or Additional Rent. b. 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, 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 not 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. c. In case the Building is so severely damaged or destroyed by fire or other cause resulting from any negligent act casualty (although the Premises may not be affected) that Landlord shall decide in its sole discretion not to rebuild or omission or breach of any provision of reconstruct such Building, then this Lease by Tenant, Tenant and the tenancy hereunder shall nevertheless be liable to Landlord for any damage sustained terminate on the date specified by Landlord as in a result thereof and notice given no later than sixty (60) days after the making date of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and 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 Yorkcasualty.

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 cause 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 days (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 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, 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 claims claim of Landlord, the Company or of its insurer by subrogation, against Tenant Cooperator for such damages. Landlord The Company and Xxxxxx 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 or defects in or to If the Apartment Premises or the building and to any Building or the Center (including machinery or equipment used in the operation of the fixtures or equipment therein. If the Apartment or the building Center) shall be partially destroyed or 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 cause beyond Landlord’s reasonable control. If and if the Apartment or Premises, the building shall be damaged from such causes or from any of them to such an extent that Building and the same cannot Center can be repaired with reasonable diligence and restored 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 two hundred seventy (270) days after such damage occurs give 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 notice Improvements or any Alterations) to the extent that (i) Landlord paid for the initial construction of such decision improvements (either directly or through an allowance granted to Tenant), and thereupon (ii) Landlord receives the term 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 Lease shall expire upon immediately preceding sentence available to Landlord for the third day after such notice is givenrepair and restoration of the Premises. Notwithstanding anything contained herein to the contrary, and 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 thereupon vacate and surrender have the Apartment right to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned terminate this Lease as of the date of the fire or other casualty by giving notice to the other within thirty (30) days after the date of the fire or casualty, in which event, Rent shall be apportioned on which Tenant a per diem basis and paid to the date of such fire or casualty. Notwithstanding anything contained herein to the contrary, if such damage renders the Premises untenantable in whole or in part and cannot reasonably be repaired and estored within two hundred seventy (270) days, or if sufficient insurance proceeds are not made available to Landlord for repair or restoration and Landlord elects to not obtain or provide alternative financing, or if Landlord elects to demolish the Building or cease its operation, then either party shall vacate have the right to cancel and surrender terminate this Lease as of the demised premisesdate of such damage upon giving notice to the other party at any time within ninety (90) days after such damage shall have occurred. In the event any fire or casualty renders the Apartment is damaged to such an extent that it 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 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 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 claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx 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 or 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 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 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 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, 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 it 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 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 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, (ii) the insurance proceeds available to Landlord 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 such termination, Landlord and Tenant shall nevertheless each be liable to Landlord for any damage sustained released from all further liability under this Lease accruing after the effective termination date. Any insurance which may be carried by Landlord as a result thereof and or Tenant against loss or damage in the making of any necessary repairs Building or rebuilding by Landlord the Premises shall not constitute a waiver be for the sole benefit of the claims of Landlord, or of its insurer by subrogation, against Tenant for party carrying such damages. insurance and nothing herein contained shall require Landlord and 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 Yorkto carry insurance on Tenant’s contents.

FIRE OR CASUALTY. a. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate notice immediately inform Landlord thereof, and this Lease shall continue in full force and effect, except as hereinafter set forth. b. Except as specifically provided in this Section, Tenant agrees that it shall not be relieved of the obligations to Landlord pay Rent in case of damage to or destruction of the Premises or Building or any portion thereof. Tenant waives the benefit of any law to the contrary. c. If all or a material portion of the Premises are damaged or rendered unusable by fire or accident or other damage or defects in or casualty, and the damages to the Apartment or the building and to any Premises can, in Landlord’s reasonable judgment, be reasonably repaired within one hundred eighty (180) days of the fixtures or equipment therein. If the Apartment or the building shall be partially damaged by fireoccurrence of such damage, the damages damages, to the extent covered by insurance and affecting the tenant installation provided or paid for by Landlord, shall be repaired by and at the expense of Landlord and the Rent, until such repair shall be substantially completed, shall xxxxx in proportion to the area of the Premises which was damaged or unusable by Tenant for so long as soon as the Premises, or each such portion thereof, is damaged or unusable, it can reasonably be done under being the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor intent that such abatement shall not affect or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other cause beyond reduce Landlord’s reasonable controlrent insurance coverage. If Notwithstanding anything to the Apartment or the building contrary herein, Landlord 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 or if Landlord shall decide not obligated to repair or rebuild restore any personal property of Tenant or any fixtures or Tenant installation not installed by and paid for by Landlord. d. If Landlord repairs and restores the same or if Landlord Premises in accordance with Section 18.c such repairs and restorations shall decide to demolish the building or to convert it to other uses then and in be made with all reasonable expedition. After any such eventfire or other casualty, Tenant shall cooperate with Landlord’s restoration by removing from the Premises as promptly as reasonably possible and to the extent reasonably necessary, all of Tenant’s and any sublessee’s salvageable inventory and movable equipment, furniture, and other property. Tenant’s liability for Rent shall resume five (5) business days after written notice from Landlord of substantial completion of repairs to the Premises. For purposes hereof, “substantial completion” shall mean the date upon which Landlord has procured a temporary or permanent certificate of occupancy permitting occupancy of the Premises by Tenant e. If all or substantially all of the Premises are damaged or rendered unusable by fire or other casualty, or (whether or not the Premises are damaged in whole or in part) if the Building shall be substantially damaged so that Landlord in its reasonable opinion, cannot rebuild both the Premises and the Building to their pre-existing condition within one hundred eighty (180) days, then, in either of such events, either Landlord or Tenant may within sixty elect to terminate this Lease by written notice to the other, specifying a date for the expiration of the Lease, which date shall not be more than one hundred eighty (180) days after such damage occurs give Tenant fire or other casualty, and upon the date specified in such notice of such decision and thereupon the term of the this Lease shall expire upon as fully and completely as if such date were the third day after such notice is given, expiration date of the Term and Tenant shall thereupon forthwith quit, surrender and vacate the Premises without prejudice however, to Landlord’s rights and surrender remedies against Tenant under the Apartment Lease provisions in effect prior to Landlord forthwith, such termination; and in such case, the rent any Rent owing shall be paid up to such date and apportioned as any payments of Rent made by Tenant which were on account of any period subsequent to such date shall be credited against amounts owed by Tenant to Landlord or refunded to Tenant. If neither party terminates the Lease, to the extent of the date on insurance proceeds available to Landlord therefor, Landlord shall repair and restore the Building and/or the Premises to substantially the same condition in 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 they were immediately prior 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 casualty, except that Landlord shall not be required to rebuild, repair, or replace any part of Tenant’s furniture, fixtures, furnishings, or equipment or any alterations, additions, or improvements made by Tenant to the Premises. Landlord’s repair and restoration work shall not exceed the scope of work done in originally constructing the Premises. Landlord shall not be liable for any inconvenience, annoyance, or injury done to the business of Tenant resulting in any way from such damage or the repair therefor, and Tenant’s obligations to pay Rent shall continue unabated, except that Landlord shall allow Tenant an equitable reduction of Rent during the time and to the extent the Premises are unfit for occupancy, save for Tenant’s fault or negligence herein below described. f. Notwithstanding anything to the contrary contained in this Section or any negligent act law, should the Premises or omission Building be damaged by fire of other casualty as a result of the negligence of Tenant or breach any sublessee or any employee, agent or visitor of any provision of this Lease by Tenanteither, Tenant shall nevertheless have no right to terminate this Lease and there shall be no abatement of Rent under this Section, and Tenant shall be liable to Landlord for any damage sustained by Landlord as a result thereof and such damage, subject to the making of any necessary repairs or rebuilding by Landlord shall not constitute a waiver of the claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the other provisions of Section 227 of the Real Property Law of New Yorkhereof.