Common use of FIRE OR OTHER CASUALTY LOSS Clause in Contracts

FIRE OR OTHER CASUALTY LOSS. (a) In the event all or any portion of the Leased Property is damaged or destroyed by fire or other casualty (herein collectively called "Casualty"), Lessee shall give immediate notice thereof to Lessor and the Noteholders and thereafter will promptly deliver to Lessor and the Noteholders all correspondence and documents provided by or delivered to Lessee in connection therewith. Lessee will promptly and diligently prosecute the adjustments of all claims with respect to a Casualty provided that (i) no adjustment or settlement in excess of $100,000 in connection with any Casualty may be made by Lessee without the prior written approval of Lessor and (ii) Lessor may, at any time any Event of Default has occurred and is continuing, adjust and settle the Casualty after notice to Lessee. (b) If during the Term of this Lease the Leased Property is substantially damaged or destroyed by a Casualty so that the Leased Property will, in the good faith judgment of Lessee's Board of Directors, be uneconomic for restoration or rebuilding for Lessee's continued use thereof by Lessee as a warehouse, office and fabrication facility, then at Lessee's option, in lieu of rebuilding, replacing or repairing the Leased Property, Lessee will, within forty-five (45) days after the occurrence of such Casualty, deliver a Purchase Offer (as hereinafter defined) with respect to the Leased Property, at a purchase price therefor determined in accordance with Schedule I, specifying a Termination Date (as hereinafter defined) occurring on any Rent Payment Date not less than sixty (60) days nor more than one hundred twenty (120) days after the delivery of such Purchase Offer. Such Purchase Offer will be accompanied by Lessee's Certificate (as hereinafter defined) stating that in the judgment of the Board of Directors (or an authorized committee thereof) of Lessee, the Leased Property is unsuitable for Lessee's continued use and occupancy as a warehouse office and fabrication facility by reason of such Casualty. If the conditions set forth in the first sentence of this subsection (b) are fulfilled and Lessee fails to commence to rebuild, replace or repair the Leased Property within sixty (60) days of the occurrence of such Casualty, and Lessee fails to deliver a Purchase Offer within the forty-five (45) day period described above, Lessee will be conclusively deemed to have made such Purchase Offer and, in the absence of a written Purchase Offer by Lessee, the Termination Date will be deemed to be the fourth Rent Payment Date after such Purchase Offer is deemed to have been made, but nothing in this sentence will release Lessee of its obligation to actually deliver such Purchase Offer. (c) If during the Term of this Lease there occurs a Casualty affecting a portion of the Leased Property which is not sufficient to require that Lessee give a Purchase Offer as provided in subsection (b) above, then this Lease shall continue in full force and effect notwithstanding such Casualty. In the event of any lesser Casualty as described in this subsection (c), (i) Lessor shall be entitled to the entire net proceeds for such Casualty, subject to application to rebuilding as provided below, (ii) the Rent to be paid by Lessee hereunder shall not be reduced or abated, (iii) Lessee shall not be entitled to terminate this Lease or to violate any of its provisions; and (iv) Lessee shall promptly, at Lessee's sole cost and expense and regardless of whether the Casualty proceeds shall be sufficient for the purpose, restore, repair, replace and rebuild the Leased Property into a complete architectural unit in a condition suitable for use as a warehouse, office and fabrication facility, with Casualty proceeds paid out by Lessor as provided in the following sentence. Lessor will make the Casualty proceeds available to Lessee for such repair, restoration, replacement and rebuilding but only against certificates that Lessee delivers to Lessor from time to time as such work or repair progresses, but not more often than once in any thirty (30) day period, each such certificate to be dated currently and signed by an authorized officer of Lessee and by the independent architect or other expert, if any, supervising such repairs, describing in reasonable detail the work or repair for which Lessee is requesting payment and the cost incurred by Lessee in connection therewith and a certificate, signed by an officer of Lessee, stating that Lessee has not theretofore received payment from any source for such work and that no Event of Default hereunder is then continuing under this Lease, together with evidence of the payment of all amounts for which certificates were previously furnished. Notwithstanding anything in the proceeding sentence to the contrary, Lessee will not be required to submit the certificates described above in order to receive all of the net proceeds for such Casualty provided that (i) the Casualty proceeds do not exceed $100,000 and (ii) no Event of Default has occurred hereunder and is continuing. Any Casualty proceeds remaining after such repairs have been completed will be paid to Lessee. If the cost of any repairs required to be made by Lessee pursuant to this subsection will exceed the amount of the Casualty proceeds, the deficiency will be paid by Lessee.

FIRE OR OTHER CASUALTY LOSS. (a) In the event all or any portion case of the Leased Property is damaged or destroyed damage by fire or other casualty (herein collectively called "Casualty")to the building in which the Leased Premises is located, Lessee if the damage is so extensive as to require substantial reconstruction of such building, this Lease shall give immediate notice thereof to Lessor cease at the Landlord's option and the Noteholders and thereafter will promptly deliver to Lessor rent shall be apportioned as of the time of damage. Substantial reconstruction shall mean damage so extensive that the cost of restoration shall be 50% of the entire cost of the demolition of the damaged building and the Noteholders all correspondence erection of a new building of the same size and documents provided by or delivered design shall exceed 50% of the replacement cost of the building immediately prior to Lessee in connection therewith. Lessee will promptly and diligently prosecute the adjustments of all claims with respect to a Casualty provided that (i) no adjustment or settlement in excess of $100,000 in connection with any Casualty may be made by Lessee without the prior written approval of Lessor and (ii) Lessor may, at any time any Event of Default has occurred and is continuing, adjust and settle the Casualty after notice to Lesseesuch damage. (b) If during the Term In all other cases of this Lease the Leased Property is substantially damaged damages by fire or destroyed by a Casualty so that the Leased Property will, in the good faith judgment of Lessee's Board of Directors, be uneconomic for restoration or rebuilding for Lessee's continued use thereof by Lessee as a warehouse, office and fabrication facility, then at Lessee's option, in lieu of rebuilding, replacing or repairing the Leased Property, Lessee will, within forty-five (45) days after the occurrence of such Casualty, deliver a Purchase Offer (as hereinafter defined) with respect other casualty to the Leased PropertyPremises or the building of which it is a part, at a purchase price therefor determined the Landlord shall repair (using proceeds of insurance claim) the damage with reasonable dispatch. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, governmental approvals, adjustment of insurance claims and other causes beyond the Landlord's control. In the event the Premises are completely or partially destroyed or so damaged by fire or other casualty that the Premises cannot, in accordance with Schedule ITenant's reasonable business judgment, specifying a Termination Date be used by Tenant for their intended purposes, or can only be partially used by Tenant, (it being understood that Tenant, in its reasonable business judgment, shall decide whether to remain open prior to the completion of repairs to the Premises) and this Lease is not terminated as hereinafter defined) occurring on any Rent Payment Date not less than sixty above provided, there shall be an equitable (60) equal to the number of days nor more than one hundred twenty (120) days after Tenant elects to close the delivery of such Purchase Offer. Such Purchase Offer will be accompanied Premises, further adjusted by Lessee's Certificate (as hereinafter defined) stating that in the judgment percentage of the Board of Directors (or an authorized committee thereof) of Lessee, the Leased Property is unsuitable for Lessee's continued use and occupancy as a warehouse office and fabrication facility by reason of such Casualty. If the conditions set forth in the first sentence of this subsection (b) are fulfilled and Lessee fails to commence to rebuild, replace or repair the Leased Property within sixty (60) days sales area of the occurrence Premises closed) abatement of such Casualty, rent and Lessee fails to deliver a Purchase Offer within the forty-five (45) day period described above, Lessee will be conclusively deemed to have made such Purchase Offer and, in the absence of a written Purchase Offer other charges payable by Lessee, the Termination Date will be deemed to be the fourth Rent Payment Date after such Purchase Offer is deemed to have been made, but nothing in this sentence will release Lessee of its obligation to actually deliver such Purchase OfferTenant hereunder. (c) If during the Term of this Lease there occurs a Casualty affecting a portion restoration is not completed within nine (9) months after the occurrence of the Leased Property which is not sufficient to require that Lessee give a Purchase Offer as provided in subsection (b) abovefire or other casualty, then this Lease Tenant shall continue in full force and effect notwithstanding such Casualty. In have the event of any lesser Casualty as described in this subsection (c), (i) Lessor shall be entitled to the entire net proceeds for such Casualty, subject to application to rebuilding as provided below, (ii) the Rent to be paid by Lessee hereunder shall not be reduced or abated, (iii) Lessee shall not be entitled right to terminate this Lease or by forthwith giving written notice thereof to violate any of its provisions; andLandlord. (ivd) Lessee shall promptly, at Lessee's sole cost and expense and regardless of whether the Casualty proceeds shall be sufficient for the purpose, restore, repair, replace and rebuild the Leased Property into a complete architectural unit in a condition suitable for use as a warehouse, office and fabrication facility, with Casualty proceeds paid out by Lessor as provided in the following sentence. Lessor will make the Casualty proceeds available to Lessee for such repair, restoration, replacement and rebuilding but only against certificates that Lessee delivers to Lessor from time to time as such work or repair progresses, but not more often than once in any thirty (30) day period, each such certificate to be dated currently and signed by an authorized officer of Lessee and by the independent architect or other expert, if any, supervising such repairs, describing in reasonable detail the work or repair for which Lessee is requesting payment and the cost incurred by Lessee in connection therewith and a certificate, signed by an officer of Lessee, stating that Lessee has not theretofore received payment from any source for such work and that no Event of Default hereunder is then continuing under this Lease, together with evidence of the payment of all amounts for which certificates were previously furnished. Notwithstanding anything in the proceeding sentence this Lease to the contrary, Lessee will if the casualty, or the repairing or rebuilding thereof, shall render the Premises untenantable, in whole or in part, a proportionate abatement of rent and other charges payable by Tenant hereunder shall be allowed from the date when such damage occurred until the date of termination as heroin provided, said abatement to be computed on the basis of relation which the square foot area of the portion of the Premises rendered untenantable bears to Tenant's total rentable area. If more than fifty percent (50%) of the building is damaged and Landlord does not elect to terminate this Lease, Tenant may terminate this Lease, or, at its option shall not be required to submit occupy the certificates described above Premises and rent and other charges payable by Tenant hereunder shall xxxxx totally until the later of (a) the date that the Premises are made tenantable and Tenant commences operating its business in order to receive all the Premises, or (b) seventy-five percent (75%) or more of the net proceeds for such Casualty provided that (i) the Casualty proceeds do not exceed $100,000 and (ii) no Event Building is tenantable. For purposes of Default has occurred hereunder and is continuing. Any Casualty proceeds remaining after such repairs have been completed will this section, "untenantable" shall be paid defined to Lessee. If the cost of any repairs required to be made by Lessee pursuant to this subsection will exceed the amount mean damage or destruction of the Casualty proceeds, Premises to an extent that such damage or destruction prevents Tenant from conducting its business in the deficiency will be paid by LesseePremises or substantially impairs its ability to conduct its business in the Premises.

FIRE OR OTHER CASUALTY LOSS. (a) In the event all case of any damage to or any portion destruction of the Leased Property is damaged or destroyed Premises by fire or other casualty (herein collectively called "Casualty")occurring during the Term, Lessee Tenant shall give immediate notice thereof to Lessor Landlord. If the Leased Premises are damaged by the elements, fire, or other casualty, Landlord shall make repairs as speedily as practicable, but Tenant's obligation to pay the rent under this Lease shall not cease. If, in the sole opinion of Landlord, the fire, casualty, or other loss is so substantial and extensive as to make the Noteholders Leased Premises untenantable, then Tenant's obligation to pay rent shall cease until such time as Landlord is able to make them tenantable. However, if Landlord, in its sole opinion, decides that the Leased Premises have been so totally destroyed or so extensively damaged as to require practically a rebuilding of them, then the rent shall be paid up to the time of such damage or destruction and thereafter will promptly deliver to Lessor and the Noteholders all correspondence and documents provided by or delivered to Lessee in connection therewith. Lessee will promptly and diligently prosecute the adjustments of all claims with respect to a Casualty provided that (i) no adjustment or settlement in excess of $100,000 in connection with any Casualty may be made by Lessee without the prior written approval of Lessor and (ii) Lessor may, at any time any Event of Default has occurred and is continuing, adjust and settle the Casualty after notice to Lessee. (b) If during the Term of this Lease shall come to an end. In no event, however, shall this provision become effective or applicable if the Leased Property fire or other casualty loss, damage, or destruction is substantially damaged or destroyed by a Casualty so that the Leased Property willresult, in the good faith judgment of Lessee's Board of Directorswhole or in part, be uneconomic for restoration or rebuilding for Lessee's continued use thereof by Lessee as a warehouse, office and fabrication facility, then at Lessee's option, in lieu of rebuilding, replacing or repairing the Leased Property, Lessee will, within forty-five (45) days after the occurrence of such Casualty, deliver a Purchase Offer (as hereinafter defined) with respect to the Leased Property, at a purchase price therefor determined in accordance with Schedule I, specifying a Termination Date (as hereinafter defined) occurring on any Rent Payment Date not less than sixty (60) days nor more than one hundred twenty (120) days after the delivery of such Purchase Offer. Such Purchase Offer will be accompanied by Lessee's Certificate (as hereinafter defined) stating that in the judgment of the Board of Directors (carelessness, negligence, or an authorized committee thereof) of Lessee, the Leased Property is unsuitable for Lessee's continued use and occupancy as a warehouse office and fabrication facility by reason of such Casualty. If the conditions set forth in the first sentence of this subsection (b) are fulfilled and Lessee fails to commence to rebuild, replace or repair the Leased Property within sixty (60) days improper conduct of the occurrence Tenant or its agents, employees, guests, licensees, invitees, subtenants, assignees, or successors. In such case, Xxxxxx's liability for payment of such Casualtyrent and performance of all the covenants, conditions, and Lessee fails to deliver a Purchase Offer within the forty-five (45) day period described above, Lessee will be conclusively deemed to have made such Purchase Offer and, in the absence of a written Purchase Offer by Lessee, the Termination Date will be deemed to be the fourth Rent Payment Date after such Purchase Offer is deemed to have been made, but nothing in this sentence will release Lessee of its obligation to actually deliver such Purchase Offer. (c) If during the Term terms of this Lease there occurs a Casualty affecting a portion shall continue, and Tenant shall be liable to Landlord for the damage and loss suffered by Landlord. If Tenant is insured against any of the Leased Property which is not sufficient to require that Lessee give a Purchase Offer as provided risks covered in subsection (b) abovethis provision, then this Lease shall continue in full force and effect notwithstanding the proceeds of such Casualty. In the event of any lesser Casualty as described in this subsection (c), (i) Lessor insurance shall be entitled paid over to the entire net proceeds for such Casualty, subject to application to rebuilding as provided below, (ii) the Rent to be paid by Lessee hereunder shall not be reduced or abated, (iii) Lessee shall not be entitled to terminate this Lease or to violate any of its provisions; and (iv) Lessee shall promptly, at Lessee's sole cost and expense and regardless of whether the Casualty proceeds shall be sufficient for the purpose, restore, repair, replace and rebuild the Leased Property into a complete architectural unit Landlord in a condition suitable for use as a warehouse, office and fabrication facility, with Casualty proceeds paid out by Lessor as provided in the following sentence. Lessor will make the Casualty proceeds available to Lessee for such repair, restoration, replacement and rebuilding but only against certificates that Lessee delivers to Lessor from time to time as such work or repair progresses, but not more often than once in any thirty (30) day period, each such certificate to be dated currently and signed by an authorized officer of Lessee and by the independent architect or other expert, if any, supervising such repairs, describing in reasonable detail the work or repair for which Lessee is requesting payment and the cost incurred by Lessee in connection therewith and a certificate, signed by an officer of Lessee, stating that Lessee has not theretofore received payment from any source for such work and that no Event of Default hereunder is then continuing under this Lease, together with evidence of the payment of all amounts for which certificates were previously furnished. Notwithstanding anything in the proceeding sentence to the contrary, Lessee will not be required to submit the certificates described above in order to receive all of the net proceeds for such Casualty provided that (i) the Casualty proceeds do not exceed $100,000 and (ii) no Event of Default has occurred hereunder and is continuing. Any Casualty proceeds remaining after such repairs have been completed will be paid to Lessee. If the cost of any repairs required to be made by Lessee pursuant to this subsection will exceed the amount of the Casualty proceedsdamages and loss or, alternatively to the deficiency will be paid extent of Landlord's cost and expense to make the repairs, at Landlord’s election, and neither Tenant nor its insurance carriers shall have recourse against Landlord or its self-insurance administrator for reimbursement, as set forth more fully in Paragraph 29. It is expressly understood and agreed that the foregoing covenants and agreements shall not limit the indemnification provided by LesseeTenant to the Landlord under Paragraph 14 of the Lease Agreement.

FIRE OR OTHER CASUALTY LOSS. (a) In the event all or any portion case of the Leased Property is damaged or destroyed damage by fire or other casualty (herein collectively called "Casualty")to the Building in which the Leased Premises is located, Lessee if the damage is so extensive as to require substantial reconstruction of the Building, this Lease shall give immediate notice thereof to Lessor cease at Landlord’s or Tenant’s option and the Noteholders and thereafter will promptly deliver to Lessor and Rent shall be apportioned as of the Noteholders all correspondence and documents provided by or delivered to Lessee in connection therewithtime of damage. Lessee will promptly and diligently prosecute the adjustments of all claims with respect to a Casualty provided that Substantial reconstruction shall mean (i) no adjustment damage so extensive that the cost of restoration shall be 50% or settlement in excess greater than the cost of $100,000 in connection with any Casualty may be made by Lessee without the demolition of the Building and the erection of a new building of the same size and design of the Building immediately prior written approval of Lessor and to such damage or (ii) Lessor mayTenant’s inability or expected inability to operate a material portion of its business at the Leased Premises for a consecutive period of ninety (90) days because Landlord has not substantially completed restoration of the base Building, at any time any Event excluding restoration of Default has occurred Tenant’s, alterations and is continuing, adjust excluding delays required for regulatory inspections and settle the Casualty after approvals. Landlord shall give prompt notice to LesseeTenant (“Damage Notice”) as to whether substantial reconstruction is required. Notice of intent to terminate this Lease pursuant to this subparagraph may be given by Landlord in the Damage Notice and by Tenant not later that fifteen (15) days of receipt by Tenant of the Damage Notice, TIME BEING OF THE ESSENCE. (b) If during In all other cases of damage by fire or other casualty to the Term Building of this Lease which it is a part, Landlord shall repair (using proceeds of insurance claim) the damage with reasonable dispatch, and if the damage has rendered the Leased Property is substantially damaged or destroyed by a Casualty so that the Leased Property willPremises untenantable, in the good faith judgment of Lessee's Board of Directorswhole or in part, there shall be uneconomic for restoration or rebuilding for Lessee's continued use thereof by Lessee as a warehouse, office and fabrication facility, then at Lessee's option, in lieu of rebuilding, replacing or repairing the Leased Property, Lessee will, within forty-five (45) days after the occurrence of such Casualty, deliver a Purchase Offer (as hereinafter defined) with respect to the Leased Property, at a purchase price therefor determined in accordance with Schedule I, specifying a Termination Date (as hereinafter defined) occurring on any Rent Payment Date not less than sixty (60) days nor more than one hundred twenty (120) days after the delivery of such Purchase Offer. Such Purchase Offer will be accompanied by Lessee's Certificate (as hereinafter defined) stating that in the judgment an apportioned abatement of the Board rent until the damage has been repaired. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, governmental approvals, adjustment of Directors (or an authorized committee thereof) of Lessee, the Leased Property is unsuitable for Lessee's continued use insurance claims and occupancy as a warehouse office and fabrication facility by reason of such Casualty. If the conditions set forth in the first sentence of this subsection (b) are fulfilled and Lessee fails to commence to rebuild, replace or repair the Leased Property within sixty (60) days of the occurrence of such Casualty, and Lessee fails to deliver a Purchase Offer within the forty-five (45) day period described above, Lessee will be conclusively deemed to have made such Purchase Offer and, in the absence of a written Purchase Offer by Lessee, the Termination Date will be deemed to be the fourth Rent Payment Date after such Purchase Offer is deemed to have been made, but nothing in this sentence will release Lessee of its obligation to actually deliver such Purchase Offerother causes beyond Landlord’s control. (c) If during the Term of this Lease there occurs a Casualty affecting a portion restoration is not completed within six (6) months after the occurrence of the Leased Property which is not sufficient to require that Lessee give a Purchase Offer as provided in subsection (b) abovefire or other casualty, then this Lease Tenant shall continue in full force and effect notwithstanding such Casualty. In have the event of any lesser Casualty as described in this subsection (c), (i) Lessor shall be entitled to the entire net proceeds for such Casualty, subject to application to rebuilding as provided below, (ii) the Rent to be paid by Lessee hereunder shall not be reduced or abated, (iii) Lessee shall not be entitled right to terminate this Lease or to violate any of its provisions; and (iv) Lessee shall promptly, at Lessee's sole cost and expense and regardless of whether the Casualty proceeds shall be sufficient for the purpose, restore, repair, replace and rebuild the Leased Property into a complete architectural unit in a condition suitable for use as a warehouse, office and fabrication facility, with Casualty proceeds paid out by Lessor as provided in the following sentence. Lessor will make the Casualty proceeds available to Lessee for such repair, restoration, replacement and rebuilding but only against certificates that Lessee delivers to Lessor from time to time as such work or repair progresses, but not more often than once in any forthwith giving thirty (30) days written notice thereof to Landlord, provided, however, that if Landlord has commenced restoration and completes same within the aforesaid 30 day period, each such certificate to Tenant’s termination shall be dated currently considered null and signed by an authorized officer void and of Lessee and by the independent architect or other expert, if any, supervising such repairs, describing in reasonable detail the work or repair for which Lessee is requesting payment and the cost incurred by Lessee in connection therewith and a certificate, signed by an officer of Lessee, stating that Lessee has not theretofore received payment from any source for such work and that no Event of Default hereunder is then continuing under this Lease, together with evidence of the payment of all amounts for which certificates were previously furnished. effect. (d) Notwithstanding anything in the proceeding sentence contained herein to the contrary, Lessee will not be required to submit if the certificates described above in order to receive all Building is partially destroyed or damaged during the last twenty-four (24) months of the net proceeds for such Casualty provided that (i) the Casualty proceeds do not exceed $100,000 Lease Term of this Lease, Landlord or Tenant may cancel and (ii) no Event of Default has occurred hereunder and is continuing. Any Casualty proceeds remaining after such repairs have been completed will be paid to Lessee. If the cost of any repairs required to be made by Lessee pursuant to terminate this subsection will exceed the amount Lease, as of the Casualty proceeds, date of occurrence of such damage by giving written notice to do so within thirty (30) days after the deficiency will be paid by Lesseedate of occurrence of such damage.

FIRE OR OTHER CASUALTY LOSS. (a) In the event all or any portion case of the Leased Property is damaged or destroyed damage by fire or other casualty (herein collectively called "Casualty")to the building in which the Leased Premises is located, Lessee if the damage is so extensive as to require substantial reconstruction of such building, this Lease shall give immediate notice thereof to Lessor cease at the Landlord's option and the Noteholders and thereafter will promptly deliver to Lessor rent shall be apportioned as of the time of damage. Substantial reconstruction shall mean damage so extensive that the cost of restoration shall be 50% of the entire cost of the demolition of the damaged building and the Noteholders all correspondence erection of a new building of the same size and documents provided by or delivered design shall exceed 50% of the replacement cost of the building immediately prior to Lessee in connection therewith. Lessee will promptly and diligently prosecute the adjustments of all claims with respect to a Casualty provided that (i) no adjustment or settlement in excess of $100,000 in connection with any Casualty may be made by Lessee without the prior written approval of Lessor and (ii) Lessor may, at any time any Event of Default has occurred and is continuing, adjust and settle the Casualty after notice to Lesseesuch damage. (b) If during the Term In all other cases of this Lease the Leased Property is substantially damaged damages by fire or destroyed by a Casualty so that the Leased Property will, in the good faith judgment of Lessee's Board of Directors, be uneconomic for restoration or rebuilding for Lessee's continued use thereof by Lessee as a warehouse, office and fabrication facility, then at Lessee's option, in lieu of rebuilding, replacing or repairing the Leased Property, Lessee will, within forty-five (45) days after the occurrence of such Casualty, deliver a Purchase Offer (as hereinafter defined) with respect other casualty to the Leased PropertyPremises or the building of which it is a part, at a purchase price therefor determined the Landlord shall repair (using proceeds of insurance claim) the damage with reasonable dispatch, and if the damage has rendered the Leased Premises untenantable, in accordance with Schedule Iwhole or in part, specifying a Termination Date (as hereinafter defined) occurring on any Rent Payment Date not less than sixty (60) days nor more than one hundred twenty (120) days after the delivery of such Purchase Offer. Such Purchase Offer will there shall be accompanied by Lessee's Certificate (as hereinafter defined) stating that in the judgment an apportionment of the Board rent until the damage has been repaired. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, governmental approvals, adjustment of Directors (or an authorized committee thereof) of Lessee, insurance claims and other causes beyond the Leased Property is unsuitable for LesseeLandlord's continued use and occupancy as a warehouse office and fabrication facility by reason of such Casualty. If the conditions set forth in the first sentence of this subsection (b) are fulfilled and Lessee fails to commence to rebuild, replace or repair the Leased Property within sixty (60) days of the occurrence of such Casualty, and Lessee fails to deliver a Purchase Offer within the forty-five (45) day period described above, Lessee will be conclusively deemed to have made such Purchase Offer and, in the absence of a written Purchase Offer by Lessee, the Termination Date will be deemed to be the fourth Rent Payment Date after such Purchase Offer is deemed to have been made, but nothing in this sentence will release Lessee of its obligation to actually deliver such Purchase Offercontrol. (c) If during the Term of this Lease there occurs a Casualty affecting a portion restoration is not completed within nine (9) months after the occurrence of the Leased Property which is not sufficient to require that Lessee give a Purchase Offer as provided in subsection (b) abovefire or other casualty, then this Lease Tenant shall continue in full force and effect notwithstanding such Casualty. In have the event of any lesser Casualty as described in this subsection (c), (i) Lessor shall be entitled to the entire net proceeds for such Casualty, subject to application to rebuilding as provided below, (ii) the Rent to be paid by Lessee hereunder shall not be reduced or abated, (iii) Lessee shall not be entitled right to terminate this Lease by forthwith giving written notice thereof to Landlord. (d) Notwithstanding anything contained herein to the contrary, if the Leased Premises are substantially destroyed or damaged during the last twenty-four (24) months of the term of this Lease, Landlord or Tenant may cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to violate any the other party of its provisions; and (iv) Lessee shall promptly, at Lessee's sole cost and expense and regardless of whether the Casualty proceeds shall be sufficient for the purpose, restore, repair, replace and rebuild the Leased Property into a complete architectural unit in a condition suitable for use as a warehouse, office and fabrication facility, with Casualty proceeds paid out by Lessor as provided in the following sentence. Lessor will make the Casualty proceeds available election to Lessee for such repair, restoration, replacement and rebuilding but only against certificates that Lessee delivers to Lessor from time to time as such work or repair progresses, but not more often than once in any do so within thirty (30) day period, each days after the date of occurrence of such certificate to be dated currently and signed damage. Tenant may avoid such termination election by an authorized officer Landlord by exercising a right of Lessee and by the independent architect or other expertrenewal, if anyapplicable, supervising such repairs, describing in reasonable detail the work or repair for which Lessee is requesting payment and the cost incurred by Lessee in connection therewith and a certificate, signed by an officer within fifteen (15) days of Lessee, stating that Lessee has not theretofore received payment from any source for such work and that no Event Tenant's receipt of Default hereunder is then continuing under this Lease, together with evidence Landlord's notice of the payment of all amounts for which certificates were previously furnished. Notwithstanding anything in the proceeding sentence to the contrary, Lessee will not be required to submit the certificates described above in order to receive all of the net proceeds for such Casualty provided that (i) the Casualty proceeds do not exceed $100,000 and (ii) no Event of Default has occurred hereunder and is continuing. Any Casualty proceeds remaining after such repairs have been completed will be paid to Lessee. If the cost of any repairs required to be made by Lessee pursuant to this subsection will exceed the amount of the Casualty proceeds, the deficiency will be paid by Lesseetermination.

FIRE OR OTHER CASUALTY LOSS. (a) In the event all case of any damage to or any portion destruction of the Leased Property is damaged or destroyed Premises by fire or other casualty (herein collectively called "Casualty")occurring during the Term, Lessee Tenant shall give immediate notice thereof to Lessor Landlord. If the Leased Premises are damaged by the elements, fire, or other casualty, Landlord shall make repairs as speedily as practicable, but Tenant's obligation to pay the rent under this Lease shall not cease. If, in the sole opinion of Landlord, the fire, casualty, or other loss is so substantial and extensive as to make the Noteholders Leased Premises untenantable, then Tenant's obligation to pay rent shall cease until such time as Landlord is able to make them tenantable. However, if Landlord, in its sole opinion, decides that the Leased Premises have been so totally destroyed or so extensively damaged as to require practically a rebuilding of them, then the rent shall be paid up to the time of such damage or destruction and thereafter will promptly deliver to Lessor and the Noteholders all correspondence and documents provided by or delivered to Lessee in connection therewith. Lessee will promptly and diligently prosecute the adjustments of all claims with respect to a Casualty provided that (i) no adjustment or settlement in excess of $100,000 in connection with any Casualty may be made by Lessee without the prior written approval of Lessor and (ii) Lessor may, at any time any Event of Default has occurred and is continuing, adjust and settle the Casualty after notice to Lessee. (b) If during the Term of this Lease shall come to an end. In no event, however, shall this provision become effective or applicable if the Leased Property fire or other casualty loss, damage, or destruction is substantially damaged or destroyed by a Casualty so that the Leased Property willresult, in the good faith judgment of Lessee's Board of Directorswhole or in part, be uneconomic for restoration or rebuilding for Lessee's continued use thereof by Lessee as a warehouse, office and fabrication facility, then at Lessee's option, in lieu of rebuilding, replacing or repairing the Leased Property, Lessee will, within forty-five (45) days after the occurrence of such Casualty, deliver a Purchase Offer (as hereinafter defined) with respect to the Leased Property, at a purchase price therefor determined in accordance with Schedule I, specifying a Termination Date (as hereinafter defined) occurring on any Rent Payment Date not less than sixty (60) days nor more than one hundred twenty (120) days after the delivery of such Purchase Offer. Such Purchase Offer will be accompanied by Lessee's Certificate (as hereinafter defined) stating that in the judgment of the Board of Directors (carelessness, negligence, or an authorized committee thereof) of Lessee, the Leased Property is unsuitable for Lessee's continued use and occupancy as a warehouse office and fabrication facility by reason of such Casualty. If the conditions set forth in the first sentence of this subsection (b) are fulfilled and Lessee fails to commence to rebuild, replace or repair the Leased Property within sixty (60) days improper conduct of the occurrence Tenant or its agents, employees, guests, licensees, invitees, subtenants, assignees, or successors. In such case, Tenant's liability for payment of such Casualtyrent and performance of all the covenants, conditions, and Lessee fails to deliver a Purchase Offer within the forty-five (45) day period described above, Lessee will be conclusively deemed to have made such Purchase Offer and, in the absence of a written Purchase Offer by Lessee, the Termination Date will be deemed to be the fourth Rent Payment Date after such Purchase Offer is deemed to have been made, but nothing in this sentence will release Lessee of its obligation to actually deliver such Purchase Offer. (c) If during the Term terms of this Lease there occurs a Casualty affecting a portion shall continue, and Tenant shall be liable to Landlord for the damage and loss suffered by Landlord. If Tenant is insured against any of the Leased Property which is not sufficient to require that Lessee give a Purchase Offer as provided risks covered in subsection (b) abovethis provision, then this Lease shall continue in full force and effect notwithstanding the proceeds of such Casualty. In the event of any lesser Casualty as described in this subsection (c), (i) Lessor insurance shall be entitled paid over to the entire net proceeds for such Casualty, subject to application to rebuilding as provided below, (ii) the Rent to be paid by Lessee hereunder shall not be reduced or abated, (iii) Lessee shall not be entitled to terminate this Lease or to violate any of its provisions; and (iv) Lessee shall promptly, at Lessee's sole cost and expense and regardless of whether the Casualty proceeds shall be sufficient for the purpose, restore, repair, replace and rebuild the Leased Property into a complete architectural unit Landlord in a condition suitable for use as a warehouse, office and fabrication facility, with Casualty proceeds paid out by Lessor as provided in the following sentence. Lessor will make the Casualty proceeds available to Lessee for such repair, restoration, replacement and rebuilding but only against certificates that Lessee delivers to Lessor from time to time as such work or repair progresses, but not more often than once in any thirty (30) day period, each such certificate to be dated currently and signed by an authorized officer of Lessee and by the independent architect or other expert, if any, supervising such repairs, describing in reasonable detail the work or repair for which Lessee is requesting payment and the cost incurred by Lessee in connection therewith and a certificate, signed by an officer of Lessee, stating that Lessee has not theretofore received payment from any source for such work and that no Event of Default hereunder is then continuing under this Lease, together with evidence of the payment of all amounts for which certificates were previously furnished. Notwithstanding anything in the proceeding sentence to the contrary, Lessee will not be required to submit the certificates described above in order to receive all of the net proceeds for such Casualty provided that (i) the Casualty proceeds do not exceed $100,000 and (ii) no Event of Default has occurred hereunder and is continuing. Any Casualty proceeds remaining after such repairs have been completed will be paid to Lessee. If the cost of any repairs required to be made by Lessee pursuant to this subsection will exceed the amount of the Casualty proceedsdamages and loss or, alternatively to the deficiency will be paid extent of Landlord's cost and expense to make the repairs, at Landlord’s election, and neither Tenant nor its insurance carriers shall have recourse against Landlord or its self-insurance administrator for reimbursement, as set forth more fully in Paragraph 29. It is expressly understood and agreed that the foregoing covenants and agreements shall not limit the indemnification provided by LesseeTenant to the Landlord under Paragraph 14 of the Lease Agreement.