Common use of Landlord's Obligation to Repair and Reconstruct Clause in Contracts

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentRental. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.14.2, Landlord shall cause such damage to be repaired and and, provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Rent, except for that rent Rental (other than any Additional Rental due Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such All such repairs shall be made at the expense of the Landlord, subject to Tenant's responsibilities set forth herein. Notwithstanding the foregoing, if all such damage is not completely repaired to the point that the Premises are again rendered tenantable within 180 days after the date of the casualty, then Tenant may elect to terminate this Lease by giving to Landlord notice of such election within ninety (90) days after the expiration of the 180 day period. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, inventory trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwisePremises, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenants responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations reserved hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations reserved hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, then Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentRent. If, as the result of a such Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.Subsection 16.2, Landlord shall cause such damage to be repaired and all Rent, except for that rent Rent (other than any Additional Rent due Landlord by reason because of Tenant’s 's failure to perform any of its obligations hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such All such repairs shall be made at the expense of Landlord, but Landlord shall not be required to perform any work within the Premises beyond that described in Section 4 and which were constructed by Landlord as Leasehold Improvements. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements Alterations installed in the Leased Premises by or on behalf of Tenant pursuant to Subsection 10.4 or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty casualty, including damages or casualties of war (any of such causes being referred to herein as a “"Casualty”)", but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentRental. If, as the a result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, then subject to the provisions of Section 14.B.13.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent Rent (other than any Additional Rent due to Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantabilityuntenantablity. Such All such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwiseTenant, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly. Tenant acknowledges notice that (1) Landlord shall not obtain insurance of any kind on Tenants furniture, furnishings; equipment or fixtures, alterations, improvements and additions, (2) it is Tenant's obligation to obtain such insurance at Tenant's sole cost and expense and restore or repair all of such items, and (3) Landlord shall not be obligated to repair any damage thereto, replace the same or otherwise do any work thereto except as set forth in this subsection 13.A. with respect to those improvements insured with the Leasehold Improvement Insurance.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”), Casualty but the Leased Premises shall not be thereby rendered wholly or partially untenantable, then Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentRent. If, as the result of a such Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.Subsection 16.2, Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations hereunder, Rent shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such All such repairs shall be made at the expense of Landlord, but Landlord shall not be required to perform any work within the Premises beyond that described and constructed by Landlord prior to the Commencement Date as Leasehold Improvements. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) 's Personal Property or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwiseAlterations, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises premises shall be damaged by fire,, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”"casualty"), provided not caused by or attributable to any act or omission of Tenant, its servants, employees, agents, invitees, and the like, but the Leased Premises premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentrental or additional rental. If, as the result of a Casualtycasualty, the Leased Premises premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.13.2, Landlord shall cause such damage to be repaired and all Rent, except for that rent rental (other than additional rental due Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder, ) shall be abated proportionately as to the portion of the Leased Premises premises rendered untenantable untenantable, during the period of such untenantability. Such All such repairs shall be made at the expense of the Landlord. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Leaselease) or to any leasehold improvements installed in the Leased Premises premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rentrent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as "a “Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentRent. If, as the a result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., 16.2 Landlord shall cause such damage to be repaired and all Rent, except for that rent Rent (other than any Additional Rent due Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs Landlord's obligation to repair shall be made at limited to the expense construction of Landlordthe structure, demising walls, roof, slab and utility services as originally provided. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coveringscovering, furniture and other property removable by Tenant under the provisions of this Lease) Lease or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which Which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident accident, or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall shall, subject to the provisions of Section 12.2., promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired repaired, and there shall be no abatement of rentRental. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, untenantable then, subject to the provisions of Section 14.B.12.2., Landlord shall cause such damage to be repaired and provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Rent, except for that rent rental (other any Additional Rental due Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder), shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such All such repairs shall be made at the expense of Landlord, subject to Tenant's responsibilities set forth in this Lease. Landlord shall not be liable for interruption to Tenant’s business 's business, or for damage to, or replacement replacement, or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture furniture, equipment, and other property removable by Tenant under the provisions of this Lease) or to replacement of any leasehold improvements installed in the Leased Premises made by or on behalf of Tenant or otherwiseTenant, all of which damage, replacement replacement, or repair shall be undertaken and completed by Tenant promptly. Notwithstanding anything to the contrary provided in this Lease, any obligation of Landlord hereunder to restore the Premises, or any other part of the Building, shall be limited to such reconstruction as can be financed by such insurance proceeds as shall actually be received by Landlord, free and clear from collection by any Mortgagees and after deducting the cost and expense, including attorneys' fees, if any, of settling with the insurer.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantableuntenantable (damaged to such an extent as to preclude Tenant’s use of the Premises for the purposes originally intended), then, subject to the provisions of Section 14.B.Subsection 17.2 of this Lease, Landlord shall cause such damage to be repaired repaired, including Tenant Improvements and all RentAlterations, except for that rent to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided Tenant with additional services hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant’s business or for damage to, to or replacement or repair of, of Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwisePersonal Property, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptlyTenant, at Tenant’s expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of Section 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations reserved hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentRent reserved hereunder. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.16.2, Landlord shall cause such damage to be repaired and all Rent, except for that rent Rent reserved hereunder (other than any Additional Rent due Landlord either by reason of Tenant’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided Tenant with additional services hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such All such repairs shall be made at the expense of Landlord, subject to Tenant’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant’s business or for damage to, to or replacement or repair ofof Tenant Improvements, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) Personal Property or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwiseAlterations, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptlyLandlord, at Tenant’s expense. Notwithstanding the foregoing, Landlord shall make commercially reasonable efforts to avoid disruption of Tenant’s business.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantableuntenantable (damaged to such an extent as to preclude Tenant’s use of the Premises for the purposes originally intended), then, subject to the provisions of Section 14.B.subsection 17.2, Landlord shall cause such damage to be repaired repaired, including Tenant Improvements and all RentAlterations, except for that rent and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided Tenant with additional services hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantabilityuntenantability (provided if the remaining usable portion of the Premises is such that Tenant cannot operate its business therein, Tenant shall receive an abatement of all the Rent due hereunder to the extent Tenant does not use all of the Premises). Such All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant’s business or for damage to, to or replacement or repair of, of Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwisePersonal Property, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptlyTenant, at Tenant’s expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, and the Annual Basic Rent and Tenant's Share of Increased Operating Costs (but not any amounts due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations reserved hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations to the extent of Landlord’s insurance for such items,, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If such damage is not fully repaired within six (6) months after the date of the Casualty, Tenant may cancel this Lease without liability by giving Landlord notice within thirty (30) days’ after the expiration of such six-month period. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations reserved hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “Casualty”), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentrepaired. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.subsection 10.2 and provided such Casualty has not resulted from the gross negligence or willful misconduct of Tenant or Tenant’s Agents, Landlord shall cause such damage to be repaired and all Rent, except for that rent Rent reserved hereunder (other than any Additional Rent due Landlord either by reason of Tenant’s failure to perform any of its obligations hereunder or by reason of Landlord’s having provided to Tenant additional services hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable or unusable for Tenant’s business during the period of such untenantability. Such All such repairs shall be made at the expense of Landlord, subject to Tenant’s responsibilities set forth in this Lease. Landlord shall not be liable for interruption to Tenant’s business or for damage to, to or replacement or repair of, of Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture Personal Property and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptlyAlterations.

Landlord's Obligation to Repair and Reconstruct. If the Leased Demised Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Demised Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentGross Rent. If, as the result of a Casualty, the Leased Demised Premises shall be rendered wholly untenantable for a period less than sixty (60) days or partially untenantable, then, subject to Landlord's option to terminate the provisions of Lease, as set forth in this Section 14.B.below, Landlord shall cause such damage to be repaired and and, provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Rent, except for that rent Gross Rent (other than any Additional Rent due Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder, ) shall be abated proportionately as to the portion of the Leased Demised Premises rendered untenantable during the period of such untenantability. Such If, as a result of a casualty not caused by Tenant's negligence as described above, the Demised Premises are rendered wholly untenantable and Tenant is unable to use the Demised Premises for Tenant's Proposed Use for a period more than sixty (60) days, Tenant shall have the right to terminate the Lease Agreement upon thirty (30) days prior written notice to Landlord. All such repairs shall be made at the expense of Landlord, subject to Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwiseDemised Premises, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s 's control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, or replacement or repair of, Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), the Premises shall be rendered wholly or partially Untenantable, as hereinafter defined, then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent proceeds of insurance (including proceeds of insurance from the State Insurance Trust Fund) are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of proceeds of insurance and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. For purposes of this Lease, the Premises shall be deemed "Untenantable" if Tenant is unable to use the Premises for the purposes originally intended. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations reserved hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations reserved hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If If, as the Leased Premises shall be damaged by result of fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantableuntenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of Section 14.B.subsection 17.2, Landlord shall cause such damage to be repaired repaired, including Tenant Improvements and all RentAlterations, except for that rent and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant’s 's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such All such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise's Personal Property, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptlyTenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rentRental. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.14.2, Landlord shall cause such damage to be repaired and and, provided such damage is not caused by the negligence of Tenant, its agents, concessionaires, officers, employees, contractors, licensees or invitees, all Rent, except for that rent Rental (other than any Additional Rental due Landlord by reason of Tenant’s 's failure to perform any of its obligations hereunder, ) shall be abated proportionately as to the portion of the Leased Premises rendered untenantable TENANT /s/ MP LANDLORD /s/ DPW during the period of such untenantability. Such All such repairs shall be made at the expense of the Landlord, subject to Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwisePremises, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If the Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a “"Casualty”"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B.14.2, Landlord shall in a reasonably prompt manner cause such damage to be repaired and all Rent, except for that rent due Landlord by reason of Tenant’s failure to perform any of its obligations hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of repaired. All such untenantability. Such repairs shall be made at the expense of Landlord. ; but Landlord shall not be required to perform any work beyond that described in Schedule B. Landlord shall not be liable for interruption to Tenant’s 's business or for damage to, to or replacement or repair of, of Tenant’s 's personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwiseTenant, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly. If, as the result of Casualty, the Premises are rendered partially or totally untenantable, Annual Basic Rental, Tenant's Occupancy Charge and Additional Rental shall be abated proportionately as to the portion of the Premises rendered untenantable and continuing to be untenantable, and the Breakpoint shall be proportionately reduced until the Premises are tenantable.