Common use of Fire Clause in Contracts

Fire. If the Premises shall be partially damaged by fire or similar casualty as is covered under insurance policies carried by Landlord, the damage shall be repaired by and at the expense of Landlord to the extent provided for pursuant to the provisions thereof. Any fire or similar casualty damage to the Premises, within the deductible limits of the aforementioned policies shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until such repairs are made, shall be apportioned according to the portion of the Premises which was damaged or which has been made unusable, whichever is less. Nevertheless the Lease shall continue in full force and effect. If the Premises are totally or substantially damaged by fire or similar casualty as is covered under policies required of Landlord pursuant to the covenants of this Lease, and if Landlord, at its option, decides not to restore or not to rebuild same, Landlord shall then, within sixty (60) days after such fire, give Tenant notice of such decision, and thereupon this Lease shall expire by lapse of time upon the fifth day after such notice is given. Tenant shall then vacate the Premises and surrender same to Landlord. For the purpose of this Lease substantial damage is defined as that which is greater than twenty (20%) percent of the insured value of the premises as determined by the cost estimate of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated to repair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reason. In the event Landlord, at its option, decides to restore or rebuild the Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with this paragraph, Tenant explicitly waives applicability of N.J.S.A. 46:8-6 and N.J.S.A. 46:8-7.

Fire. (a) If the Leased Premises are at any time damaged or destroyed as a result of fire, the elements, accident or other perils as are insured against from time to time pursuant to Paragraph 10 hereof, and if as a result of such occurrences (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof, or (iii) in the opinion of the Landlord's architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, the Landlord may, at its option, let migrate the Lease by giving to the Tenant notice in writing of the Landlord's intention to terminate the Lease. In the event of such termination, the Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be partially damaged by fire apportioned and paid in full to the date of such destruction or similar casualty as is covered under insurance policies carried by Landlorddamage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 22, then, the damage Landlord shall be repaired by and at commence with all reasonable diligence to reconstruct, rebuild or repair the expense of Landlord Leased Premises to the extent provided for pursuant only of its obligations in respect of the construction of the Leased Premises and exclusive of any work performed in and to the provisions thereofLeased Premises by the Tenant (the "Landlord's Work of Reconstruction"). Any fire or similar casualty damage to From the Premises, within the deductible limits date of the aforementioned policies happening of such damage or destruction and until the completion of the Landlord's Work of Reconstruction, the Minimum Rent shall be repaired by xxxxx (i) in its entirety if, in the opinion of the Landlord's architect or engineer, but paid for by Tenant as additional rent. The rentthe Leased Premises are rendered wholly untenantable or (ii) proportionately, until such repairs are made, shall be apportioned according (to the portion of the Leased Premises which was damaged rendered untenantable), if in the opinion office Landlord's architect or which has been made unusableengineer, whichever is less. Nevertheless the Lease shall continue Leased Premises are rendered untenantable only in full force and effect. part. (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises are totally in accordance with the provisions of this Paragraph 22, the Landlord shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. (d) The decision of the Landlord's architect or substantially damaged by fire engineer as to (i) the time within which the Leased Premises can or similar casualty as is covered under policies required cannot be repaired, (ii) the extent of Landlord pursuant the damage or destruction to the covenants Leased Premises, (iii) the cost of this Leaserepairing or rebuilding the Leased Premises, (iv) the date on which the Landlord's Work of Reconstruction is completed, shall, in each case, be final and if Landlord, at its option, decides not to restore or not to rebuild same, Landlord shall then, within sixty (60) days after such fire, give Tenant notice of such decision, and thereupon this Lease shall expire by lapse of time binding upon the fifth day after such notice is given. Tenant shall then vacate the Premises and surrender same to Landlordparties hereto. For the purpose purposes of this Lease substantial damage is defined as that which is greater than twenty (20%) percent of the insured value of the premises as determined Landlord's architect and engineer shall be Xxxxxx Xxxxxx Associates Inc., or such other architect or engineer named by the cost estimate Landlord who is arm's length and of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or a similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated to repair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reason. In the event Landlord, at its option, decides to restore or rebuild the Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with this paragraph, Tenant explicitly waives applicability of N.J.S.A. 46:8-6 and N.J.S.A. 46:8-7stature.

Fire. If 13.1 In the event of the total destruction of the Premises shall be partially damaged by fire or similar other casualty during the term hereof, or in the event of such partial destruction thereof as is covered under insurance policies carried by to render the Premiss wholly untenable or unfit for occupancy, then in either event, unless such damage can in the opinion of Landlord, be repaired within ninety (90) days after the occurrence, this Lease and term hereby created, shall cease from the date of such damage or destruction and Tenant shall, upon written notice from Landlord, immediately surrender the Premises to Landlord, and Tenant shall pay, within said term, only to the time of such damage or destruction. If, however, in Landlord's opinion the damage shall as aforesaid can be repaired by within ninety (90) days from the occurrence thereof, Landlord shall (unless Landlord shall elect not to repair or rebuild, as hereinafter provided), repair the Premises will reasonably speed, and at this Lease shall continue tin full force and effect but the expense Rent and Additional Rent shall xxxxx from the occurrence of Landlord the damage until the completion of such repairs, unless such damage is due to the extent provided for pursuant to fault or neglect of Tenant, Tenant's servants, agents, employees, visitors or licensees, in which event there shall ben o such abatement or rent. 13.2 In the provisions thereof. Any event of the partial destruction of the building or the Premises by fire or similar other casualty damage to during the Premisesterm hereof, within the deductible limits of the aforementioned policies shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until such repairs are made, shall be apportioned according to the portion of which partial destruction does not render the Premises which was damaged wholly untenable or which has been made unusableunfit for occupancy, whichever is less. Nevertheless Landlord shall (unless Landlord shall elect not to repair or rebuild as hereinafter provided), repair the damage with all reasonable speed and this Lease shall continue in full force and effect but until the completion of such repairs the Basic Rent and Additional Rent shall xxxxx in proportion to the area of the Premises which is unusable by Tenant, unless such damage is due to the fault or neglect of Tenant, Tenant's servants, agents, employees, visitors or licensees in which event there shall be no such abatement of rent. 13.3 In the event that the building or the Premises shall be slightly damage by fire or other casualty so as not to substantially effect the operation of Tenant's business in the Premises then in that event, there shall be no abatement of rent and this Lease shall continue 125 in full force and effect. , and Landlord shall enter and repair the damage with all reasonable speed. 13.4 Notwithstanding anything contained here to the contrary: If the Premises are totally or substantially is damaged by fire a casualty which is not insured or similar casualty as is covered under policies required whose cost of repair or reconstruction exceeds the amount of insurance and Landlord pursuant to the covenants of this Leasedecides, and if Landlordin its sole judgment, at its option, decides either not to restore repair, reconstruct or not rebuild or to rebuild samedemolish the Premises or entire building, then upon the happening of any such event, Landlord shall then, may cancel this Lease by giving written notice of such cancellation to Tenant within sixty thirty (6030) days after such fire, give Tenant notice the happening of such decision, damage and thereupon this Lease and the term hereof shall expire cease and terminate as of the date of the happening of such damage and rent and other charges payable by lapse of time upon the fifth day after such notice is given. Tenant shall then vacate be prorated to the day of such damage. 13.5 Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as not to unreasonably interfere with Tenant's use and occupancy of the Premises and surrender same but such effort shall be subject to (i) Landlord. For 's inability to obtain materials, (ii) acts of God, (iii) strikes, fire or weather, (iv) acts of governmental authority or any other cause beyond the purpose of this Lease substantial damage is defined as that which is greater than twenty (20%) percent of the insured value of the premises as determined by the cost estimate control of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated to repair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reason. In the event Landlord, at its option, decides to restore or rebuild the Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with this paragraph, Tenant explicitly waives applicability of N.J.S.A. 46:8-6 and N.J.S.A. 46:8-7.

Fire. If 14.1 In case of any damage to the Premises shall be partially damaged Building on the Property by fire or similar other casualty as is covered under insurance policies carried by occurring during the term of this lease or previous thereto, which renders the leased premises wholly untenantable so that the same cannot be repaired within one hundred twenty (120) days from the happening of such damage, then the terms hereby created shall, at the option of the Landlord, terminate from the damage shall be repaired by and at date of such damage. In the expense of event the Landlord elects to terminate the lease for any reason which is due to the extent provided for pursuant inability to restore the same within the one hundred twenty (120) day period, Landlord shall notify the Tenant, in writing, certified mail, return receipt requested, of such a fact within thirty (3) days of the happening of the fire or casualty, and in such event the tenant shall immediately surrender the leased premises and shall pay rent only to the provisions thereoftime of such damage and the Landlord may re-enter and repossess the leased premises discharged from this lease. Any fire or similar casualty In the event the Landlord can restore the leased premises within one hundred twenty (120) days, it shall advise the Tenant of such fact within thirty (30) days of such damage to in writing, by certified mail, return receipt requested, and the Premises, within the deductible limits of the aforementioned policies lease shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until such repairs are made, shall be apportioned according to the portion of the Premises which was damaged or which has been made unusable, whichever is less. Nevertheless the Lease shall continue remain in full force and effecteffect during the period of Landlord's restoration, except that rent shall xxxxx while the repairs and restorations are being made, but the rent shall recommence upon restoration of the leased premises and delivery of the same by the Landlord to the Tenant. Landlord agrees that it will undertake reconstruction and restoration of the damaged premises with due diligence and reasonable speed and dispatch. 14.2 If the Premises are totally or substantially damaged by fire or similar casualty as is covered under policies required of Landlord pursuant to Building shall be damaged, but the covenants of this Lease, and if Landlord, at its option, decides not to restore or not to rebuild same, Landlord shall then, within sixty (60) days after such fire, give Tenant notice of such decision, and thereupon this Lease shall expire by lapse of time upon the fifth day after such notice is given. Tenant shall then vacate the Premises and surrender same to Landlord. For the purpose of this Lease substantial damage is defined as that which is greater than repairable by Landlord's estimation within one hundred twenty (20%120) percent days, the Landlord agrees to repair the same with reasonable promptness. In such event, the rent accrued and accruing shall not xxxxx, except for that portion of the insured value of leased premises that has been rendered untenantable and as to that portion the premises rent shall xxxxx based on equitable adjustments as determined by Landlord. 14.3 In connection with Landlord's restoration as hereinabove referred to, in determining what constitutes reasonable promptness consideration shall be given to delays caused by acts of God, strikes, and other causes of Force Majeure beyond the cost estimate of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated to repair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reason. In the event Landlord, at its option, decides to restore or rebuild the Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with . 14.4 The Tenant shall immediately notify the Landlord in case of fire or other damage to the leased premises. 14.5 Notwithstanding anything contained in Articles 14.1 or 14.2 above, if such repairs are for any reason not completed within one hundred twenty (120) days, then the Tenant shall have the right to terminate this paragraphlease, and in such event of termination Landlord and Tenant explicitly waives applicability shall thereupon be released of N.J.S.A. 46:8-6 liability one to the other, and N.J.S.A. 46:8-7the within lease shall be deemed null and void.

Fire. 14.1 In case of any damage to the Building or the Property by fire or other casualty occurring during the Term of this Lease or previous thereto, which renders the Leased Premises wholly untenantable so that the same cannot be repaired within one hundred twenty (120) days from the happening of such damage, then the terms hereby created shall, at the option of the Landlord or Tenant, terminate from the date of such damage, provided Landlord shall advise Tenant, in writing, within thirty (30) days of such casualty that it cannot repair the damage within one hundred twenty (120) days. In the event the Landlord elects to terminate the Lease for any reason which is due to the inability to restore the Premises within the one hundred twenty- (120) day period, Landlord or Tenant shall notify the other, in writing, by certified mail, return receipt requested, of such a fact within forty (40) days of the happening of the fire or casualty, and in such event the Tenant shall immediately surrender the Leased Premises and shall pay rent only to the time of such damage and the Landlord may re-enter and repossess the Premises discharged from this Lease. In the event the Landlord can restore the Premises within one hundred twenty (120) days, it shall advise the Tenant of such fact within thirty (30) days in writing, by certified mail, return receipt requested, and the Lease shall remain in full force and effect during the period of Landlord's restoration, except that rent shall xxxxx while the repairs and restorations are being made, but the rent shall recommence within ten (10) days after restoration of the Premises and delivery of the same by the Landlord to the Tenant, together with a Certificate of Occupancy as required by applicable governmental authority having jurisdiction thereof. Landlord agrees that it will undertake reconstruction and restoration of the damaged Premises with due diligence and reasonable speed and dispatch. If a Certificate of Occupancy shall not be required, the Premises shall be partially damaged by fire or similar casualty as deemed restored when Landlord shall certify to Tenant, in writing, that it has completed restoration. 14.2 If the Building shall be damaged, but the damage is covered under insurance policies carried repairable by Landlord's estimation within one hundred twenty (120) days, the damage Landlord agrees to repair the same with reasonable promptness. In such event, the rent accrued and accruing shall not xxxxx, except for that portion of the Leased Premises that has been rendered untenantable, and as to that portion the rent shall xxxxx based on equitable adjustments as determined by Landlord. The Leased Premises shall be repaired by and at the expense of Landlord deemed untenantable to the extent provided for pursuant that access to the provisions thereof. Any Premises shall be denied which shall include unavailability of elevator service, or if Tenant cannot conduct its business at the Premises in a normal manner as heretofore conducted prior to the fire or similar casualty casualty. 14.3 In connection with Landlord's restoration as hereinabove referred to, in determining what constitutes reasonable promptness consideration shall be given to delays caused by acts of God, strikes, and other causes of Force Majeure beyond the Landlord's control. 14.4 The Tenant shall immediately notify the Landlord in case of fire or other damage to the Premises. 14.5 Notwithstanding anything contained in 14.1 or 14.2 above, within the deductible limits of the aforementioned policies shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until if such repairs are madefor any reason not completed within one hundred twenty (120) days, then the Tenant shall be apportioned according have the right to the portion of the Premises which was damaged or which has been made unusable, whichever is less. Nevertheless the Lease shall continue in full force and effect. If the Premises are totally or substantially damaged by fire or similar casualty as is covered under policies required of Landlord pursuant to the covenants of terminate this Lease, and if Landlord, at its option, decides not in such event of termination Landlord and Tenant shall thereupon be released of liability one to restore or not to rebuild same, Landlord shall then, within sixty (60) days after such fire, give Tenant notice of such decisionthe other, and thereupon this the within Lease shall expire by lapse of time upon the fifth day after such notice is given. Tenant shall then vacate the Premises be deemed null and surrender same to Landlord. For the purpose of this Lease substantial damage is defined as that which is greater than twenty (20%) percent of the insured value of the premises as determined by the cost estimate of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated to repair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reason. In the event Landlord, at its option, decides to restore or rebuild the Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with this paragraph, Tenant explicitly waives applicability of N.J.S.A. 46:8-6 and N.J.S.A. 46:8-7void.

Fire. 14.1 If the Premises shall be partially Building is damaged by fire or similar any- other casualty to such extent that (I) the cost of restoration, as is covered under insurance policies carried reasonably estimated by Landlord, the damage shall be repaired by and at the expense of Landlord to the extent provided for pursuant to the provisions thereof. Any fire will equal or similar casualty damage to the Premises, within the deductible limits of the aforementioned policies shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until such repairs are made, shall be apportioned according to the portion of the Premises which was damaged or which has been made unusable, whichever is less. Nevertheless the Lease shall continue in full force and effect. If the Premises are totally or substantially damaged by fire or similar casualty as is covered under policies required of Landlord pursuant to the covenants of this Lease, and if Landlord, at its option, decides not to restore or not to rebuild same, Landlord shall then, within sixty exceed thirty (60) days after such fire, give Tenant notice of such decision, and thereupon this Lease shall expire by lapse of time upon the fifth day after such notice is given. Tenant shall then vacate the Premises and surrender same to Landlord. For the purpose of this Lease substantial damage is defined as that which is greater than twenty (2030%) percent of the insured replacement value (exclusive of foundation) of the premises Building immediately prior to the occurrence, or (II) if the time necessary to restore the Building, as determined reasonably estimated by the cost estimate Landlord, will exceed ninety (90) days, Landlord may, within thirty (30) days of such occurrence of such damage, give notice to Tenant of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated 's election to repair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reasonterminate this Lease. In the event Landlordof such election, at its option, decides to restore or rebuild the Premises, no penalty Lease shall accrue for reasonable delay which may arise by reason of adjustment of insurance terminate on the part third day after the give of said notice, and tenant shall surrender possession of Premises as quickly as is practicable and the rent and all additional rent shall be apportioned as of the date of such surrender and any rent paid for any period beyond such date shall be repaid to Tenant. 14.2 If Landlord and/or Tenantdoes not elect to terminate this Lease, or for Landlord shall restore the Building and Premises with reasonable dispatch, subject to delays on account of labor troubles or other reasons or causes beyond Landlord's controlcontrol and delays in the making of insurance adjustments by Landlord. Landlord need not restore fixtures and improvements installed or owned by Tenant. 14.3 In accordance with this paragraphany case in which use of Premises is affected by any damage to the Building, there shall be either an abatement or an equitable reduction in rent depending on the time period and the extent to which Premises are not reasonably usable for the purposes for which they are leased hereunder. If the damage results from the fault of Tenant or Tenant's agents, servants, visitors', Tenant's Initials _________ Landlord's Initials _________ or licensees, Tenant explicitly waives applicability shall not be entitled to any abatement or reduction of N.J.S.A. 46:8-6 and N.J.S.A. 46:8-7rent, except to any extent that Landlord receives the proceed of rent insurance in lieu of such rent. 14.4 In no event shall Landlord's obligations to restore include fixtures, improvements or other property of Tenant. 14.5 In case of any damage or destruction to the Premises or any contents thereof, each party hereto shall look first to its own insurer before making any claim against the other.

Fire. If the Premises shall be partially damaged by fire or similar casualty as is covered under insurance policies carried by Landlord, the damage shall be repaired by and at the expense of Landlord to the extent provided for pursuant to the provisions thereof. Any fire or similar casualty damage to the Premises, within the deductible limits of the aforementioned policies shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until such repairs are made, shall be apportioned according to the portion of the Premises which was damaged or which has been made unusable, whichever is less. Nevertheless the Lease shall continue in full force and effect. If the Premises are totally or substantially damaged by fire or similar casualty as is covered under policies required of Landlord pursuant to the covenants of this Lease, and if Landlord, at its option, decides not to restore or not to rebuild same, Landlord shall then, within sixty (60) days after such fire, give Tenant notice of such decision, and thereupon this Lease shall expire by lapse of time upon the fifth day after such notice is given. Tenant shall then vacate the Premises and surrender same to Landlord. For the purpose of this Lease substantial damage is defined as that which is greater than twenty thirty (2030%) percent of the insured value of the premises as determined by the cost estimate of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated to repair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reason. In the event Landlord, at its option, decides to restore or rebuild the Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with this paragraph, Tenant explicitly waives applicability of N.J.S.A. 46:8-6 and N.J.S.A. 46:8-7.

Fire. If 15.1 In case of any damage to the Premises shall be partially damaged building on the property by fire or similar other casualty as occurring during the term of this lease or previous thereto, which renders the leased premises wholly untenantable so that the same cannot be repaired and restored to the condition existing immediately prior to the casualty within one hundred twenty (120) days from the happening of such damage, then the terms hereby created, shall, a the option of the Tenant, terminate from the date of such damage. In the event the Tenant elects to terminate the lease for any reason which is covered under insurance policies carried by due to the inability of the Landlord to restore the same within the one hundred twenty (120) day period, Tenant shall notify the Landlord, in writing, certified mail, return receipt requested, of such a fact within thirty (30) days of the damage happening of the fire or casualty, and in such event the Tenant shall be repaired by immediately surrender the leased premises and at the expense of Landlord shall pay rent only to the extent provided for pursuant to time of such damage and the provisions thereofLandlord may re-enter and re-possess the premises, discharged from this lease. Any fire or similar casualty damage to In the Premisesevent the Landlord can restore the premises within one hundred twenty (120) days, within it shall advise the deductible limits Tenant of such fact, in writing, certified mail, return receipt requested and the aforementioned policies lease shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until such repairs are made, shall be apportioned according to the portion of the Premises which was damaged or which has been made unusable, whichever is less. Nevertheless the Lease shall continue remain in full force and effect. If effect during the Premises period of Landlord's restoration, except that rent shall xxxxx while the repairs and restorations are totally or substantially damaged by fire or similar casualty as is covered under policies required of Landlord pursuant to being made, but the covenants of this Lease, and if Landlord, at its option, decides not to restore or not to rebuild same, Landlord rent shall then, within sixty (60) days after such fire, give Tenant notice of such decision, and thereupon this Lease shall expire by lapse of time recommence upon the fifth day after such notice is given. Tenant shall then vacate the Premises and surrender same to Landlord. For the purpose of this Lease substantial damage is defined as that which is greater than twenty (20%) percent of the insured value restoration of the premises as determined and delivery of the same by the cost estimate of LandlordLandlord to the Tenant. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that it will undertake reconstruction and restoration of the damaged premises with due diligence and reasonable speed and dispatch. 15.2 If the Building shall be damaged, but the damage is repairable within one hundred twenty (120) days, the Landlord is not agrees to repair the same with reasonable promptness. In such event, the rent accrued and accruing shall not xxxxx, except for that portion of the leased premises that has been rendered untenantable and as to that portion the rent shall xxxxx, based on equitable adjustments. 15.3 In connection with Landlord's restoration as hereinabove referred to, in determining what constitutes reasonable promptness, consideration shall be obligated given to repair any damage or loss theretodelays caused by acts of God, nor replace samestrikes, nor compensate any person or party for any loss, damage, or destruction regardless and other causes of cause and/or reason. In Force Majeure beyond the event Landlord, at its option, decides to restore or rebuild the Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with . 15.4 The Tenant shall immediately notify the Landlord in case of fire or other damage to the premises. 15.5 Notwithstanding anything contained in 15.1 or 15.2 above, if such repairs are for any reason not completed within one hundred twenty (120) days, then the Tenant shall have the right to terminate this paragraphlease, and in such event of termination Landlord and Tenant explicitly waives applicability shall thereupon be released of N.J.S.A. 46:8-6 liability one to the other, and N.J.S.A. 46:8-7the within lease shall be deemed null and void.