Common use of FIRE OR CASUALTY Clause in Contracts

FIRE OR CASUALTY. If the building or any improvement on the Premises shall be damaged in any way, in whole or in part, or rendered untenantable by fire or other casualty, Landlord shall, subject to the terms and conditions of this Section 17, restore the Premises to its original condition. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. If, however, the proceeds are insufficient to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice to the other within sixty (60) days following the date of the subject casualty event. If neither party elects to terminate this Lease as herein provided, Landlord shall promptly reconstruct the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty event, either party may terminate this Lease upon written notice to the other. Rent shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It shall be Tenant’s responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result of such casualty.

FIRE OR CASUALTY. (a) If the building Premises or any improvement on the Premises Building (including machinery or equipment used in its operation) shall be damaged in any way, in whole or in part, or rendered untenantable by fire or other casualtycasualty and if such damage does not cause a termination of this Lease as described in the following sentences, then Landlord shallshall repair and restore the damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, but Landlord shall not be obligated to expend for repairing or restoring the terms and conditions damage an amount in excess of this Section 17, restore the proceeds of insurance actually received by Landlord for application to the repair of such damage. If in Landlord's estimate the Premises cannot be restored within three hundred sixty-five (365) days from the date of such fire or casualty, then Landlord shall give notice to its original conditionTenant of such estimate within one hundred twenty (120) days after such fire or casualty. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, Tenant may elect by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid written notice given to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. If, however, the proceeds are insufficient to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice to the other within sixty (60) days following the date of such notice from Landlord (time being of the subject casualty event. If neither party elects essence) to terminate this Lease effective as herein provided, Landlord shall promptly reconstruct the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlorddate of Tenant's notice. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two If any such damage (2i) years renders 25% or more of the initial Term, Building untenantable or any Renewal Term, as to any portion of the Premises (ii) renders general Building systems inoperable and the damage resulting therefrom is of such an extent that it systems cannot be repaired or restored in Landlord's reasonable estimate within sixty three hundred sixty-five (60365) days from the date of such casualty eventdamage or (iii) occurs within the last two (2) Lease Years, either party may Landlord shall have the right to terminate this Lease as of the date of such damage upon written notice given to the otherTenant at any time within one hundred twenty (120) days after the date of such damage. Rent Landlord shall have no liability to Tenant, and Tenant shall not xxxxx or be reduced following entitled to terminate this Lease, by virtue of any casualty loss or during any delays in completion of such repairs and restoration provided that Tenant shall have the right to terminate the Lease if such repairs are not completed within such 365-day period, subject to extension for delays caused by reasons outside of Landlord's control, by notice given within thirty (30) days after such repair period of restoration. It expires, which notice shall be Tenant’s responsibility deemed withdrawn if the restoration is completed within thirty (30) days after such notice is delivered to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result Landlord. Annual Fixed Rent and additional rent, however, shall abate on those portions of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises are, from time tx xxxe, untenantable and, in fact, unoccupied by Tenant as a result of such casualtydamage.

FIRE OR CASUALTY. If the building or any improvement on the Premises shall be partially or completely damaged in any way, in whole or in part, or rendered untenantable destroyed by fire or other casualty, Landlord Lessor shall, subject to as soon as reasonably possible, effect the terms required repairs and conditions reconstruction of this Section 17, restore the Premises to its original condition. With respect place them in substantially the same condition as existed immediately prior to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. If, howeverbut during such time as said repairs or reconstruction are being made, the proceeds are insufficient rentals hereinabove provided shall not abatx. Xxy other provisions contained herein notwithstanding, the Lessor shall be required and obligated to cover the damage effect repairs or destruction, or if the damage or destruction reconstruction only to the Premises impacts more than 40% extent of any sums of money, if any, which are received by Lessor under Lessor's insurance coverage as a direct result of said fire or other casualty. Should the usable structureinsurance proceeds be insufficient, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice to the other within sixty (60) days following the date of the subject casualty eventremaining funds necessary for repair and restoration shall be promptly furnished by Lessee. If neither party elects to terminate this Lease as herein provided, Landlord shall promptly reconstruct at any time within twelve (12) months before the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years end of the initial Term, or any within twelve (12) months before the end of the initial Renewal TermTerm (whichever is applicable): (a) Lessee has not served upon lessor notice of renewal of extension; (b) the improvements to the Premises are completely destroyed or as damaged by fire or other casualty, regardless of whether covered by insurance, so as to any portion of render the Premises are completely destroyed or as damaged by fire or other casualty, regardless of whether covered by insurance, so as to render the Premises unfit for their intended use; and (c) as repair or restoration is not economically feasible, then, except as provided in the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty eventfollowing sentence, either party may terminate this Lease upon by written notice to the otherother within thirty (30) days after the date of such damage or destruction. Rent shall not xxxxx or be reduced following any casualty loss or during any period Notwithstanding the foregoing, should Lessee serve upon Lessor irrevocable notice of restoration. It renewal, then Lessor shall be Tenant’s responsibility obligated to obtain business interruption insurance coverage to insure against any loss Tenant may suffer perform as a result of any casualty damage described in this Paragraph 17. If the Lease is so terminated, all rent shall be apportioned to the Premises as well as Tenant’s inability date of termination and all insurance proceeds shall belong to use all or any part of the Premises as a result of such casualtyLessor.

FIRE OR CASUALTY. If In the building event that the Building or any improvement on the Premises ---------------- Space shall be totally or substantially damaged in any way, in whole or in part, or rendered untenantable by fire or other casualtycasualty or happening, Landlord shall, subject to the terms and conditions of this Section 17, restore the Premises to its original condition. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed extent that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events business of the Tenant cannot reasonably be used conducted therein and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount damage cannot be or is not repaired, restored, or rebuilt by the Landlord, as the case may be, to complete such necessary replacements or repairs and if substantially the amount of same condition as it was immediately prior to such damage or destruction is less within three (3) months after such damage, then either the Landlord or Tenant shall have the option of terminating this Lease by written notice delivered to the other party not later than 40% thirty (30) days following such failure to rebuild; in either event Tenant shall immediately vacate and surrender possession of the usable structureSpace to Landlord. If, however, the proceeds are insufficient If neither Tenant nor Landlord elects to cover the damage or destructionterminate this Lease, or if the damage Building or destruction the Space is not damaged to the Premises impacts more than 40% of extent that the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice to the other within sixty (60) days following the date of the subject casualty event. If neither party elects to terminate this Lease as herein provideddamage unreasonably interferes with Tenant's Use, Landlord shall promptly reconstruct proceed with said repairs with all reasonable diligence, but in no event shall the Premises repairs exceed ninety (90) days. The rent payable hereunder shall entirely xxxxx in case the Space or the Building is substantially destroyed or so damaged as to at least render the Space untenant- able or not useable or convenient or in a condition as such existed immediately prior for patients of Tenant noting the Use of the Space, or xxxxx proportionately according to the casualty event; providedextent of the injury or damage sustained by the Building or the Space, that if such reconstruction is not substantially destroyed or cannot be completed within one hundred eighty (180) days of is rendered partially untenantable, until the subject casualty eventBuilding and the Space shall have been restored, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years of the initial Termrepaired, or any Renewal Term, rebuilt and put in proper condition for the Use and occupancy of Tenant. Landlord agrees to institute such repairs immediately after such damage and to complete the same with due diligence and within a reasonable time as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty event, either party may terminate provided in this Lease upon written notice to the other. Rent shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It shall be Tenant’s responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result of such casualtyLease.

FIRE OR CASUALTY. If the building or any improvement on Section 8 hereof notwithstanding, if the Premises or the Building, including machinery or equipment used in its operation) shall be damaged in any way, in whole or in part, or rendered untenantable by fire or other casualty, and if such damage does not render all or a substantial portion of the Premises or Building untenantable, then Landlord shallshall repair and restore the same with reasonable promptness, subject to the terms reasonable delays for insurance adjustments and conditions delays caused by matters beyond Landlord’s reasonable control. If any such damage renders all, or a substantial portion of this Section 17, restore the Premises to its original condition. With respect to damage or destruction of Premises improvementsBuilding untenantable, which damage either Tenant or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender have the right to terminate this Lease as to of the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount date of such damage or destruction is less than 40% (with appropriate prorations of Rent being made for Tenant’s possession subsequent to the date of such damage of those tenantable portions of the usable structure. If, however, the proceeds are insufficient to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease Premises) upon giving written notice to the other at any time within sixty (60) days following after the date of the subject casualty event. If neither party elects to terminate such damage, Unless this Lease is terminated as herein providedprovided in the two (2) proceeding sentences, Landlord shall promptly reconstruct proceed with reasonable promptness to repair and restore the Premises with an appropriate abatement of rent or a proportionate basis being made to at least reflect that portion of the condition as such existed immediately Premises rendered untenantable for any period of time. For the purposes of this Section B the term “untentable” shall mean that Tenant cannot conduct its business activities within the Premises in a manner reasonably comparable to the manner in which Tenant conducted its business operations prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days occurrence of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlorddamage. Further, notwithstanding Notwithstanding anything to the contrary herein set forth hereinforth, in the event that a casualty event occurs during the last two (2) years of the initial Term, Landlord shall have no duty pursuant to this Section 12 to repair or any Renewal Term, as to restore any portion of the Premises alterations, additions, improvements and decorations thereto except to the damage resulting therefrom is of such an extent that it cannot be repaired such alterations, additions, improvements and decorations are fixed and permanent and were provided by Landlord, at Landlord’s cost, at the beginning of the Term. If Tenant wants any other or restored within sixty (60) days from additional repairs or restorations and if Landlord consents thereto the date of such casualty event, either party may terminate this Lease upon written notice to the other. Rent shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It same shall be done at Tenant’s responsibility expense, subject to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result provisions of such casualtySection 8 hereof.

FIRE OR CASUALTY. If In the building event the Project or any improvement on Leased Premises is damaged or destroyed as a result of fire, the Premises shall be damaged in any wayelements, in whole or in partaccident, or rendered untenantable by fire or other casualty, Landlord shallincluding, subject without limitation, by smoke and water damage (the “Casualty”), and (i) such Casualty results in either 20% or more of the total rentable area of the Project, or 25% or more of the common areas of the Project (including the parking facilities), whether or not the Leased Premises are affected by such occurrence being destroyed or damaged, or (ii) the Casualty occurs to the terms and conditions Project or any part thereof by reason of this Section 17any cause in respect of which there are no proceeds of insurance available to Lessor, restore the Premises to its original condition. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b(iii) hereof, it is agreed that the proceeds from such of insurance which are payable insufficient to pay for the costs of rebuilding or paid to Landlord making fit the Project or any part thereof (including the Leased Premises), or its lender(iv) shall in all events be used and applied (and Landlord shall cause any secured lender as mortgagee or other person entitled to the Premises proceeds of insurance does not consent to make the payment to Lessor of such proceeds available for use and applicabilitysuch purpose, or (v) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of Lessor’s opinion any such damage or destruction is less than 40% caused by any fault, neglect, default, negligence, act, or omission of Lessee, or those for whom Lessee is in law responsible, or any other person entering upon the Leased Premises under express or implied invitation of Xxxxxx, then upon any of the usable structure. Ifforegoing events occurring, however, the proceeds are insufficient to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant Lessor may, without waiving any other rights or privileges under this Lease, terminate this Lease upon at its option (to be exercised by written notice to the other Lessee within sixty (60) 90 days following the occurrence of the casualty), elect to terminate this Lease. In the case of such election, the term and tenancy hereby created shall expire on the 30th day after such notice is given, without indemnity or penalty payable or any other recourse by one party to or against the other; and Lessee shall, within such 30-day period, vacate the Leased Premises and surrender them to Lessor, with Xxxxxx having the right to re-enter and repossess the Leased Premises discharged of this Lease and to expel all persons and remove all property therefrom. All rent shall be due and payable without reduction or abatement subsequent to the destruction or damage and until the date of termination, unless the Leased Premises shall have been destroyed or damaged as well, in which event Base Rent (but not Additional Rent) shall xxxxx proportionately to that portion of the Leased Premises rendered untenantable from the date of the subject casualty eventdestruction or damage until the date of termination. If neither party elects to terminate In the event this Lease is not terminated as herein provided, Landlord the Lease shall promptly reconstruct continue in full force and effect, but the Premises to at least the condition as such existed immediately prior to the casualty event; provided, Project (including that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any portion of the Leased Premises insured by Lessor) shall be promptly and fully repaired and restored by the damage resulting therefrom is Lessor, provided however that the cost of such an extent that it canrepairs and restoration shall be limited to the amount of insurance proceeds received by the Lessor for such damage or destruction (the “Lessor’s Restoration”). Nothing contained herein this Section shall require Lessor to restore repair or replace any leasehold improvements, inventory, furniture, chattels signs, contents, fixtufurniture (including trade fixtures), or personal property of Lessee located on, in under, above, or which serve the Leased Premises. The Lessor shall be given a reasonable period of time to complete the Lessor’s Restoration and due allowance shall be made for the adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, permitting, controls on construction, strikes, national emergencies and other conditions beyond the reasonable control of the Lessor. If the Casualty is such so as to make the entire Leased Premises untenantable, or a portion of the Leased Premises untenantable, then the Base Rent (but not be repaired or restored within sixty (60Additional Rent) days which the Lessee is obligated to pay hereunder shall xxxxx proportionately as to the portion of the Leased Premises rendered untenantable from the date of the Casualty until such casualty event, either party may terminate this Lease upon written notice time as the Leased Premises become tenantable or to the otherdate the Lessor’s Restoration is completed, whichever first occurs. Any unpaid or prepaid Base Rent shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It for the month in which the Casualty occurs shall be Tenant’s responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result of such casualtyprorated accordingly.

FIRE OR CASUALTY. If In the building event that the whole or any improvement on part of the Building or the Demised Premises shall be or any other improvements upon the Property is damaged in any way, in whole or in part, or rendered untenantable destroyed by fire or other casualty, Landlord shall, subject at Landlord’s sole cost and expense, promptly commence, and thereafter prosecute the completion thereof with all due diligence, the repair, restoration and rebuilding of the portion(s) of the Building or the Demised Premises or other improvements so damaged or destroyed to as nearly as practicable their condition immediately prior to the terms and conditions of this Section 17, restore the Premises to its original condition. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount occurrence of such damage or destruction is less than 40% destruction. Notwithstanding anything to the contrary contained in this Section 14, in the event that (i) the Demised Premises shall be damaged by fire or other casualty to the extent of twenty-five percent (25%) or more of the usable structure. If, however, full replacement cost thereof during the proceeds are insufficient to cover last eighteen (18) months of the damage or destructionLease Term, or if (ii) the damage Demised Premises and/or the Building shall be damaged by fire or destruction other casualty to the Premises impacts extent of fifty percent (50%) or more of the full replacement cost thereof and more than 40% one hundred eighty (180) days shall be reasonably anticipated to be required in order to fully complete the reconstruction thereof, or (iii) notwithstanding the extent of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice such damage to the other within sixty (60) days following the date of the subject casualty event. If neither party elects to terminate this Lease as herein providedDemised Premises and/or said Building, Landlord shall promptly reconstruct the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such Landlord’s reconstruction is not or cannot be completed within one hundred eighty (180) days after the date of the subject casualty eventsuch damage, Tenant may nonetheless elect shall have the option to terminate this Lease upon on written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two Landlord of exercise thereof within thirty (2) years of the initial Term, or any Renewal Term, as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (6030) days from after (x) the date of occurrence of such casualty eventdamage or (y) the expiration of the aforesaid one hundred eighty (180) day period for the completion of such restoration by Landlord, either party may terminate this Lease upon written notice whichever shall be applicable. To the extent and for the time that the Demised Premises are rendered untenantable on account of fire or other casualty, the Rent shall proportionately xxxxx according to the other. Rent part of the Demised Premises which is usable by Tenant for its normal business operations (with usability to be determined by the extent, if any, that Tenant, in its reasonable judgment, shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It shall be Tenant’s responsibility deem it infeasible to obtain conduct its business interruption insurance coverage to insure against any loss Tenant may suffer upon the Demised Premises as a result of any casualty such damage and/or repair and reconstruction to the Demised Premises and/or said Building) commencing from the date of damage or destruction and continuing during the period of repair and reconstruction; provided, however, that in the event that the Demised Premises shall have been rendered wholly untenantable by reason of any such damage and/or reconstruction to the Demised Premises and/or said Building, such abatement shall continue until the earlier to occur of (i) the thirty-first day after Landlord shall have completed its reconstruction as well aforesaid or (ii) the date upon which Tenant shall first resume its normal business operations at the Demised Premises. Notwithstanding anything to the contrary contained herein, if any mortgagee, having the right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the repair of such damage, this Lease shall, at the option of Landlord (which option shall be exercised by Landlord by the giving of written notice thereof to Tenant within thirty (30) days after Landlord’s receipt of such direction from such mortgagee), be terminated effective as Tenant’s inability to use all or any part of the Premises as a result date of such casualty.

FIRE OR CASUALTY. If the building or any improvement on the Premises shall be partially or completed damaged in any way, in whole or in part, or rendered untenantable destroyed by fire or other casualty, Landlord Lessor shall, subject to as soon as reasonably possible, effect the terms required repairs and conditions reconstruction of this Section 17, restore the Premises to its original condition. With respect place them in substantially the same condition as existed immediately prior to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% but during such time as said repairs or reconstruction are being made, the rentals hereinabove provided shall not abatx. Xny other provisions contained herein notwithstanding, the Lessor shall be required and obligated to effect repairs or reconstruction only to the extent of any sums of money, if any, which are received by Lessor under Lessor's insurance coverage as a direct result of said fire or other casualty. Should the insurance proceeds be insufficient, the remaining, funds necessary for repair and restoration shall be promptly furnished by Lessee. If at any time within twelve (12) months before the end of the usable structure. If, however, the proceeds are insufficient to cover the damage or destructioninitial Term, or if within twelve (12) months before the damage or destruction end of the initial Renewal Term (whichever is applicable): (a) Lessee has not served upon lessor notice of renewal of extension; (b) the improvements to the Premises impacts more than 40% are completely destroyed or as damaged by fire or other casualty, regardless of whether covered by insurance, so as to render the usable structurePremises unfit for their intended use; and (c) as repair or restoration is not economically feasible, then, except as provided in the following sentence, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, party may terminate this Sub-Lease upon by written notice to the other within sixty thirty (6030) days following the date of the subject casualty event. If neither party elects to terminate this Lease as herein provided, Landlord shall promptly reconstruct the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from after the date of such casualty eventdamage or destruction. Notwithstanding the foregoing, either party may terminate should Lessee serve upon Lessor irrevocable notice of renewal, then Lessor shall be obligated to perform as described in this Paragraph 17. If the Sub-Lease upon written notice is so terminated, all rent shall be appointed to the other. Rent date of termination and all insurance proceeds shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It shall be Tenant’s responsibility belong to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result of such casualtyLessor.

FIRE OR CASUALTY. If the building all or any improvement on part of the Premises shall be is damaged in any way, in whole or in part, or rendered untenantable by fire or other casualty, Tenant shall promptly notify Landlord shall, subject to in writing. Notwithstanding the terms and conditions fact that all or a material portion of this Section 17, restore the Premises to its original condition. With respect to damage is rendered untenantable as a result of a fire or destruction of Premises improvementsother casualty, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the Rent shall not xxxxx and Tenant shall rely on the proceeds from such insurance which are payable of its business interruption insurance. In the event of a fire or paid to Landlord (or its lender) shall in all events be used and applied (and other casualty, Landlord shall cause any secured lender as to have the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. If, however, the proceeds are insufficient to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice to the other within sixty (60) days following the date of the subject casualty event. If neither party elects right to terminate this Lease as herein providedif: (1) the Building shall be damaged so that, Landlord in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall promptly reconstruct be required (whether or not the Premises to at least has been damaged) and leases for 80% of the condition as such existed immediately prior to other tenants of the casualty eventBuilding also are terminated; provided, that if such reconstruction (2) Landlord is not permitted by Law to rebuild the Building in substantially the same form as existed before the fire or cannot be completed within one hundred eighty casualty; (1803) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last Premises have been materially damaged and there is less than two (2) years of the initial TermTerm remaining as of the date of the fire or other casualty; (4) a Mortgagee requires that the insurance proceeds be applied to the payment of the mortgage debt; or (5) a material uninsured loss to the Building occurs. Landlord may exercise its right to terminate this Lease by notifying Tenant in writing within ninety (90) days after the date of the fire or other casualty. If Landlord does not terminate this Lease, then Landlord shall commence and proceed with reasonable diligence to repair and restore the Building and the Premises (excluding any Alterations performed by Tenant). However, in no event shall Landlord be required to spend more than the insurance proceeds actually received by Landlord. Landlord shall not be liable for any loss or damage to Tenant's Property or to the business of Tenant resulting in any way from any such fire or other casualty, or from the repair and restoration of the damage. Landlord and Tenant hereby waive the provisions of any Renewal TermLaw relating to the matters addressed in this Article, as and agree that their respective rights for damage to any portion or destruction of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty event, either party may terminate this Lease upon written notice to the other. Rent shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It shall be Tenant’s responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result of such casualtythose specifically provided in this Lease.

FIRE OR CASUALTY. If (a) Except as provided in paragraph 13 relating to repair of the Premises, if the Premises or the building (including machinery and equipment used in its operation) are wholly or any improvement on the Premises shall be partially destroyed or damaged in any way, in whole or in part, or rendered untenantable by fire or other casualtycasualty which is covered by the usual form of fire and extended coverage insurance, Landlord shalland if such destruction or damage is not caused by the act or neglect of Lessee, subject its agents or servants, then Lessor shall be obligated to repair and restore the same with reasonable promptness, unless Lessor elects to terminate this lease as hereinafter set forth. In the event the Premises or the building are wholly or partially destroyed or damaged as a result of any cause, other than the perils covered by the usual form of fire and extended coverage insurance, or in the event the Premises or the building are destroyed or damaged by any fire or casualty to the terms and conditions extent of this Section 17, restore the Premises to its original condition. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is not less than 40% twenty-five percent (25%) of the usable structure. Ifreplacement cost thereof, however, then Lessor shall have the proceeds are insufficient option to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written lease by giving notice to the other Lessee within sixty (60) days following after the occurrence of such damage or destruction. If Lessor does not terminate this lease as provided above, it shall proceed to complete the necessary restoration or repairs with reasonable promptness and this lease shall continue in full force and effect; provided, however, that if any destruction or damage not caused by the act or neglect of Lessee, its agents or servants, renders the Premises untenantable, and if this lease is not terminated as provided herein by reason of such damage or destruction, then rent shall abatx xxxing the period beginning with the date of such destruction or damage and end with the subject casualty event. If neither party elects to terminate this Lease as herein provided, Landlord shall promptly reconstruct date when the Premises to at least are again rendered tenantable by an amount bearing the condition as such existed immediately prior same ratio to the casualty event; provided, total amount of rent due for such period that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any untenantable portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty event, either party may terminate this Lease upon written notice bears to the other. Rent shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It shall be Tenant’s responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result of such casualtyentire Premises.

FIRE OR CASUALTY. If (a) In the building or any improvement on event the Premises shall be damaged in any way, in whole or in partPremises, or rendered untenantable access to them, are wholly or partially destroyed by fire or other casualtycasualty covered by the form of fire and extended coverage insurance maintained by Landlord, Landlord shallshall rebuild, subject to the terms and conditions of this Section 17, repair or restore the Premises and access thereto to its original conditionsubstantially the same condition as when the same were furnished to Tenant, excluding any improvements installed by Tenant and any of Tenant's personal property, and this Lease shall continue in full force and effect. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that In the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. Ifevent, however, that the proceeds are insufficient Building is so damaged or destroyed to cover the damage or destructionextent of more than one-third (1/3) of its replacement cost, or if 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 damage or destruction to the Premises impacts more than 40% occurrence of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, casualty to terminate this Lease upon written notice to in lieu of so restoring the other within sixty (60) days following Premises, in which event this Lease shall terminate as of the date of the subject casualty eventoccurrence of the casualty. Landlord shall in no event be obligated to make any repairs or replacement of any items other than those items installed by or at the expense of Landlord. If neither party elects to terminate this Lease as herein provided, Landlord shall promptly reconstruct the Premises to at least are rendered totally or partially untenantable, rent shall xxxxx during the condition as such existed immediately prior period of reconstruction in the same proportion to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of total rent as the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty event, either party may terminate this Lease upon written notice rendered untenantable bears to the otherentire Premises. Rent Any such rental abatement shall not xxxxx defeat or be reduced following diminish Landlord's rights to recover upon any casualty loss or during any period of restoration. It shall be Tenant’s responsibility to obtain business rental interruption insurance coverage maintained by Landlord pursuant to insure against Paragraph 20. In no event shall Tenant be entitled to any compensation or damages for loss Tenant may suffer as a result of any casualty damage to use of the Premises as well as Tenant’s inability to use all whole or any part of the Premises as a result or for any inconvenience occasioned by any such destruction, rebuilding or restoration of such casualtythe 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.

FIRE OR CASUALTY. If the building or any improvement on (a) Section 7 hereof notwithstanding, if the Premises or the Building (including machinery or equipment used in its operation) shall be damaged in any way, in whole or in part, or rendered untenantable by fire or other casualtycasualty and if such damage does not cause a termination of this Lease as described in the following sentences, then Landlord shallshall repair and restore the damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, but Landlord shall not be obligated to expend for repairing or restoring the terms and conditions damage an amount in excess of this Section 17, restore the proceeds of insurance recovered with respect to the damage. If in Landlord's estimate the Premises to its original condition. With respect to damage cannot be restored within three hundred sixty-five (365) days from the date of such fire or destruction of Premises improvementscasualty, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and then Landlord shall cause any secured lender as give notice to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount Tenant of such damage estimate within one hundred twenty (120) days after such fire or destruction is less than 40% of the usable structure. If, however, the proceeds are insufficient to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the casualty and Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice to the other may elect in writing within sixty (60) days following the date of the subject casualty event. If neither party elects such notice from Landlord to terminate this Lease effective as herein provided, Landlord shall promptly reconstruct the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlorddate of Tenant's notice. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two If any such damage: (2i) years renders three (3) or more floors of the initial Term, Building untenantable; or any Renewal Term, as to any portion of the Premises (ii) renders general Building systems inoperable and the damage resulting therefrom is of such an extent that it systems cannot be repaired or restored in Landlord's reasonable estimate within sixty three hundred sixty-five (60365) days from the date of such casualty eventdamage, either party may or (iii) occurs within the last two (2) Lease Years, Landlord shall have the right to terminate this Lease as of the date of such damage upon giving written notice to the otherTenant at any time within one hundred twenty (120) days after the date of such damage. Rent Landlord shall have no liability to Tenant, and Tenant shall not xxxxx or be reduced following entitled to terminate this Lease, by virtue of any casualty loss or during any period delays in completion of such repairs and restoration. It Rent, however, shall be Tenant’s responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result xxxxx on those portions of any casualty damage to the Premises as well as Tenant’s inability are, from time to use all or any part of the Premises time, untenantable as a result of such casualtydamage.

FIRE OR CASUALTY. If In the building or any improvement on event the Premises Building shall be damaged in any way, in whole or in partdestroyed, or rendered untenantable so damaged, or injured by fire or other casualty, Landlord shall, subject to casualty during the terms and conditions term of this Section 17, restore Lease whereby the Premises to its original condition. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to same shall be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. If, howeverrendered untenantable, the proceeds are insufficient LESSOR shall have the right to cover the damage or destruction, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice to the other within sixty (60) days following the date of the subject casualty event. If neither party elects to terminate this Lease as herein provided, Landlord shall promptly reconstruct the Premises to at least the condition as render such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed Building tenantable by repairs within one hundred eighty (180) days of the subject casualty eventtherefrom. If said Premises are not rendered tenantable within said time, Tenant may nonetheless elect it shall be optional with either party hereto to terminate cancel this Lease upon written notice to the Landlord. FurtherLease, notwithstanding anything to the contrary set forth herein, and in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot cancellation, the rent and pro rata expenses shall be repaired or restored within sixty (60) days from paid only to the date of such casualty eventfire or casualty. The cancellation herein mentioned shall be evidenced in writing. During any time that the Leased Premises are untenantable due to causes set forth in this Section, either party may terminate this Lease upon written notice to the otherrent and pro rata expenses or a just and fair proportion thereof shall be abated. Rent LESSOR shall not xxxxx or be reduced following any casualty loss restore fixtures and improvements installed by LESSEE either at the commencement of the Lease or during any period of restorationthe leasehold term. It In the event LESSOR renders the Building tenantable as provided herein, LESSOR shall be Tenant’s responsibility required to obtain business interruption insurance coverage restore the Leased Premises to insure against any loss Tenant may suffer as a result tenantable condition per the original Lessor's Work Letter (Exhibit D) within ninety (90) days of any casualty damage to settlement of Insurance company of Lessor on the Premises as well as Tenant’s inability to use all or any part Building. In the event of the Premises abatement of rent and pro rata expenses as provided herein, said payment shall commence ninety (90) days following the date upon which a result Certificate of such casualty.Occupancy is issued by the City of West Palm Beach on the Building or the date of occupancy, whichever shall first occur

FIRE OR CASUALTY. (a) If the building Premises or any improvement on the Premises Building (including machinery or equipment used in the operation of the Building) shall be damaged in any way, in whole or in part, or rendered untenantable by fire or other casualty, or if by reason of fire or other casualty any essential utility or other service or access which is required by Tenant for the conduct of its business shall be materially curtailed, or if greater than twenty-five percent (25%) of the Premises is subject to an environmental contamination not caused by Tenant or Tenant's assignee or subtenant or their respective agents, contractors, servants, employees, invitees or licensees, or caused by any equipment or improvements to the Premises installed by or on behalf of Tenant (including without limitation toxic mold or contaminated water or air) such that Tenant is unable to and does not utilize such portion or portions of the Premises for the active conduct of Tenant's business (and without limiting any other applicable right of Tenant relating thereto) (each such event being referred to herein as a "Casualty"), Landlord shall, subject upon notification of any such event, obtain the written estimate of a reputable contractor selected by Landlord for the time required for restoration and repair, remediation or restoration of service, as applicable. If (1) the damage is of such nature or extent that, in the written estimate of such contractor, more than two hundred seventy (270) consecutive days after commencement of the work would be required (with normal work crews and hours) to the terms repair and conditions of this Section 17, restore the part of the Premises or the Building which has been damaged (the "270 Day Repair Condition"), or (2) the 270 Day Repair Condition exists and the damage is so extensive that Landlord determines to its original condition. With respect permanently close down the office portion of the Building and terminate all tenancies therein, or (3) the damage requires repair to damage or destruction more than fifty percent (50%) of the value of the permanent improvements constituting the Premises improvements(including the Tenant's Work) and less than two (2) years remain on the Term, which damage or destruction is coveredthen Tenant, in whole or the case described in part, by insurance as required to be carried by Landlord under Section 18(bclause (1) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. If, however, the proceeds are insufficient to cover the damage or destructionabove, or if Landlord, in the damage case described in clause (2) above, or destruction either party, in the case described in clause (3) above, shall have the right to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon by written notice to the other within other, as of the date specified in such notice, which termination date shall be no later than sixty (60) days after the date of such notice; provided, however, if Landlord terminates this Lease pursuant to clause (3) above and within thirty (30) days following receipt of Landlord's notice thereof, Tenant agrees to extend the Term hereof by the proper exercise of a Renewal Option, such notice of termination shall be deemed rescinded. In the event of such fire or other casualty, if this Lease is not terminated pursuant to the terms of this Paragraph, or in the event of fire or other casualty not resulting in a right of termination, (A) Landlord shall diligently prosecute the claim against its casualty insurance policy available to Landlord as a result of such fire or other casualty or (B) where the terms of Landlord's Mortgage preclude Landlord from applying the net proceeds of Landlord's casualty insurance policy to the restoration of the Building, Landlord shall diligently pursue the refinancing of said Mortgage on terms and conditions reasonably acceptable to Landlord, which terms and conditions allow for the restoration of the Building. If subclause (B) of the preceding sentence applies and Landlord is unable to obtain such financing within ninety (90) days following the date of the subject fire or other casualty, then Tenant shall have the right (as its sole remedy against Landlord as a result of said fire or casualty event. If neither party elects and Landlord's inability to restore the Building and/or Premises) to terminate this the Lease as herein provided, Landlord shall promptly reconstruct the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon by delivering written notice to the Landlord. Further, notwithstanding anything Landlord and upon such termination neither party shall have any further liability to the contrary set forth herein, in other party except for the event that a casualty event occurs during the last two (2) years rights and obligations of the initial Term, or any Renewal Term, as to any portion of the Premises Paragraph 24 and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from rights and obligations which accrued prior to the date of such casualty eventfire or casualty. Within as short a period of time as is reasonable following the date on which Landlord either completes its prosecution of the insurance claim or obtains the replacement financing, either party may terminate Landlord shall proceed diligently to restore the Building (including the Premises and improvements thereto, such as the Tenant's Work, but excluding other leaseable space not within the Premises) to substantially its condition prior to the occurrence of the damage, it being agreed by the parties that Landlord shall not be obligated to repair or restore any personal property or trade fixtures of Tenant. If this Lease upon written notice to is not terminated as permitted by this Paragraph, the other. Rent validity and effect of this Lease shall not xxxxx or be reduced following any casualty loss or during any period impaired by the failure of restoration. It shall be Tenant’s responsibility Landlord to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part complete repairs and restoration of the Premises as a result or of the Building within two hundred seventy (270) consecutive days after commencement of work, even if Landlord had estimated in good faith that the repair and restoration could be completed within such casualtyperiod, provided that Landlord proceeds diligently with such repair and restoration.

FIRE OR CASUALTY. If In the building or any improvement on event that the Premises shall be damaged in any way, in whole or in part, a substantial part of the Building or rendered untenantable the Demised Premises is damaged or destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord shallreceives notice of such fire or other casualty, subject 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 terms and conditions of Demised Premises shall require more than two hundred seventy (270) days to complete, then Tenant shall have the right to terminate this Section 17, restore the Premises to its original condition. With respect to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, Lease by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid 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 its lender) shall in all events be used and applied rebuild (and Landlord shall cause any secured lender as to Tenant does not have the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% of the usable structure. If, however, the proceeds are insufficient to cover the damage or destructionright to, or if the damage or destruction to the Premises impacts more than 40% of the usable structure, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Leasehas elected not to, terminate this Lease upon written notice in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and improvements, which shall be Tenant's responsibility to restore) to be repaired with reasonable speed, subject to delays beyond the reasonable control of Landlord. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild, or if any mortgagee, having the right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the other within sixty (60) days following repair of such damage, this Lease shall, be terminated effective as of the date of casualty. To the subject casualty event. If neither party elects to terminate this Lease as herein providedextent and for the time that the Demised Premises are rendered untenantable on account of fire or other casualty, Landlord the rent shall promptly reconstruct the Premises to at least the condition as such existed immediately prior to the casualty event; provided, that if such reconstruction is not or cannot be completed within one hundred eighty (180) days of the subject casualty event, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Further, notwithstanding anything to the contrary set forth herein, in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty event, either party may terminate this Lease upon written notice to the other. Rent shall not xxxxx or be reduced following any casualty loss or during any period of restoration. It shall be Tenant’s responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant’s inability to use all or any part of the Premises as a result of such casualtyproportionately xxxxx.

FIRE OR CASUALTY. If the building or any improvement on the Premises shall be partially or completely damaged in any way, in whole or in part, or rendered untenantable destroyed by fire or other casualty, Landlord Lessor shall, subject to as soon as reasonably possible, effect the terms required repairs and conditions reconstruction of this Section 17, restore the Premises to its original condition. With respect place them in substantially the same condition as existed immediately prior to damage or destruction of Premises improvements, which damage or destruction is covered, in whole or in part, by insurance as required to be carried by Landlord under Section 18(b) hereof, it is agreed that the proceeds from such insurance which are payable or paid to Landlord (or its lender) shall in all events be used and applied (and Landlord shall cause any secured lender as to the Premises to make such proceeds available for use and applicability) exclusively for the purpose of making replacements or repairs, if and only if such proceeds are sufficient in amount to complete such necessary replacements or repairs and if the amount of such damage or destruction is less than 40% but during such time as said repairs or reconstruction are being made, the rentals hereinabove provided shall not abatx. Xxy other provisions contained herein notwithstanding, the Lessor shall be required and obligated to effect repairs or reconstruction only to the extent of any sums of money, if any, which are received by Lessor under Lessor's insurance coverage as a direct result of said fire or other casualty. Should the insurance proceeds be insufficient, the remaining funds necessary for repair and restoration shall be promptly furnished by Lessee. If at any time within twelve (12) months before the end of the usable structure. If, however, the proceeds are insufficient to cover the damage or destructioninitial five (5) year Term, or if within twelve (12) months before the damage or destruction end of the initial five (5) year Renewal Term (whichever is applicable): (a) Lessee has not been served upon Lessor notice of renewal of extension; (b) the improvements to the Premises impacts more than 40% are completely destroyed or as damaged by fire or other casualty, regardless of the usable structurewhether covered by insurance, either the Landlord or the Tenant may, without waiving any other rights or privileges under this Lease, terminate this Lease upon written notice so as to the other within sixty (60) days following the date of the subject casualty event. If neither party elects to terminate this Lease as herein provided, Landlord shall promptly reconstruct render the Premises to at least the condition unfit for their intended use; and (c) as such existed immediately prior to the casualty event; provided, that if such reconstruction repair or restoration is not or cannot be completed within one hundred eighty (180) days of the subject casualty eventeconomically feasible, Tenant may nonetheless elect to terminate this Lease upon written notice to the Landlord. Furtherthen, notwithstanding anything to the contrary set forth herein, except as provided in the event that a casualty event occurs during the last two (2) years of the initial Term, or any Renewal Term, as to any portion of the Premises and the damage resulting therefrom is of such an extent that it cannot be repaired or restored within sixty (60) days from the date of such casualty eventfollowing sentence, either party may terminate this Lease upon by written notice to the otherother within thirty (30) days after the date of such damage or destruction. Rent shall not xxxxx or be reduced following any casualty loss or during any period Notwithstanding the foregoing, should Lessee serve upon Lessor irrevocable notice of restoration. It renewal, then Lessor shall be Tenant’s responsibility obligated to obtain business interruption insurance coverage to insure against any loss Tenant may suffer perform as a result of any casualty damage described in this Paragraph 17. If the Lease is so terminated, all rent shall be apportioned to the Premises as well as Tenant’s inability date of termination and all insurance proceeds shall belong to use all or any part of the Premises as a result of such casualtyLessor.