Common use of Landlord’s Right to Terminate Clause in Contracts

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised by delivery to Tenant of a written notice of election to terminate within forty-five (45) days after the date of such damage: A. The Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five terminate, not later than thirty (4530) days after the date receipt of a written notice from Tenant, following such damage, requesting Landlord's election: A. The Project Leased Premises or Building is damaged by an Insured Peril any peril either (i) covered by the type of insurance Landlord is required to carry pursuant to Article 9 or (ii) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated cost reasonable time to restore the Leased Premises exceeds ten percent one hundred twenty (10%120) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof;days. B. Either the Project The Leased Premises or the Building is damaged by an Uninsured Peril any peril both (i) not fully covered by the type of insurance Landlord is required to carry pursuant to Article 9 and (ii) not fully covered by valid and collectible insurance actually carried by Landlord and in force at the time of such an extent damage or destruction, unless Tenant elects to pay to Landlord the uninsured amount necessary to fully restore the Leased Premises or Building, in which case the Lease shall not terminate. Such election by Tenant must be made, in writing, within ten (10) days of notice from Landlord that some or all of the damage is uninsured and Tenant must deposit with Landlord the full amount of the estimated cost to restore exceeds two percent uninsured damage within ten (2%10) days of receipt of Landlord's estimate(s), and following completion Tenant shall immediately pay the then deficiency or shall be credited the overpayment, as appropriate, based upon the actual replacement cost of the Building;restoration costs and payments made by Tenant. C. The Leased Premises are damaged by any peril within twelve during the last Six (126) months of the last day of the Lease Term to such an extent that the estimated cost reasonable time to restore equals or the Leased Premises exceeds Sixty (60) days provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph if Tenant, at the time of such damage, has an amount equal express written option to six further extend the term of this Lease for a period of at least two (62) times years and Tenant exercises such option to so further extend the Base Monthly Rent then due; Lease Term within ten (10) days following the date of such damage, or D. Either the Project or the The Building is damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) canmay not be used for the same use being made thereof before such damage if whether or not restored as required by this Article. E. As used herein, the following terms shall have the following meanings: or (iiii) the term “Insured Peril” shall mean a peril actually insured against for which the such damage is not fully covered by insurance proceeds actually received by Landlord (and which are not then in effect or required to be paid to any Lender) are sufficient (except for any “deductible” amount specified maintained by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this LeaseLandlord as set forth herein.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this §11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this §11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “Uninsured Peril” for purposes of this Lease”.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Project Either the Premises or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-twenty five percent (25%) of the then actual replacement cost thereof; B. Either the Project Premises or the Building building where the school is located is damaged by an Uninsured Peril Peril, except that that Landlord may not terminate this Lease pursuant to such an extent that this Section 11.2B if one or more tenants of the estimated Premises agree in writing to pay the amount by which the cost to restore the damage exceeds two percent (2%) the net insurance proceeds and subsequently deposits such amount with Landlord within 30 days after Landlord has notified Tenant of the then actual replacement cost of the Buildingits election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project Premises or the Building building where the school is located is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project Premises under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “Uninsured Peril” ”. Notwithstanding the foregoing, if any bonds are outstanding pursuant to the terms of the Loan Documents, Landlord shall not have the right to terminate this Lease as provided in Section 11.2 unless Landlord shall have obtained an opinion of its counsel for purposes the benefit of this Leasethe bondholders and such other parties as are necessary pursuant to the terms of the Loan Documents that such a termination will not adversely effect the bondholder in any material respect.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damagedamage or destruction: A. (a) The Project Building is damaged by an Insured Peril any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (or any insurance Landlord was required to carry pursuant to the terms of this Lease) to such an extent that the estimated cost to restore the Building exceeds ten the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) fifty percent (10%) of the then actual replacement cost thereof. Notwithstanding the foregoing, or Tenant may override Landlord’s election to terminate the Building Lease pursuant to clause (i) above if Tenant shall agree in writing within ten (10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any costs of restoration to the extent such costs exceed the amount of any insurance proceeds received by Landlord (the “Casualty Shortfall Amount”), in which event Landlord cannot terminate this Lease and must rebuild the Premises is located is damaged areas affected by the Casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the extent required by any lender with a lien on the Leased Premises, with such an extent that lender the estimated cost Casualty Shortfall Amount on terms and conditions reasonably acceptable to restore exceeds twenty-five percent Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (25%b) of the then actual replacement cost thereof; B. Either the Project or the The Building is damaged by an Uninsured Peril uninsured peril, which peril Landlord was not required to, and did not, insure against pursuant to such an extent that the estimated cost to restore exceeds two percent provisions of Article 9 of this Lease. (2%c) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws or Restrictions then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damageBuilding, or (ii) if restored, cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws damage. Notwithstanding anything herein to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoingcontrary, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) Leased Premises is not affected by the casualty in question, then Landlord may not terminate this Lease unless it terminates the leases of all of the replacement cost other tenants of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this LeaseBuilding.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Project Building is damaged by an Insured Peril to such an extent that the estimated cost to restore the Building exceeds ten percent (10%) 50% of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the The Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2B if Tenant agrees in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of the Buildingits election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) 5% of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “Uninsured Peril” for purposes of this Lease”.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised by delivery to Tenant of a written notice of election to terminate within forty-five (45) days after the date of such damage: A. The Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent event that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right may elect to terminate this Lease following damage by fire or other casualty under the following circumstances: (a) If, in the event reasonable judgment of Landlord, the Premises and the Property cannot be substantially repaired and restored under applicable Laws within nine months from the date of the casualty; (b) If, in the reasonable judgment of Landlord, adequate proceeds, together with the sum of any deductibles under Landlord’s policies of insurance plus the amount of Landlord’s Contribution, are not, for any reason (other than nonpayment of premiums or the failure of Landlord to maintain the insurance required to be carried by Landlord pursuant to this Lease), made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed fifteen percent (15%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or (d) If the fire or other casualty occurs during the last year of the Term or if upon completion of repair and restoration there would be less than one year remaining in the Term. If any of the following occurscircumstances described in subparagraphs (a), which right may be exercised by delivery to (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant of a written notice of election to terminate within forty-five (45) 90 days after the date of such damage: A. The Project is damaged by an Insured Peril the casualty, specifying whether Landlord elects to such an extent that the estimated cost to restore exceeds ten percent (10%) terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If Landlord elects to terminate this Lease pursuant to the provisions of this Article 12, then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) termination shall be effective as of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) date of the then actual replacement cost of the Building; C. The Premises are damaged casualty, and all Base Rent, Additional Rent, Operating Costs and Taxes paid by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (Tenant and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws accruing subsequent to the condition existing immediately prior date of such casualty shall be returned to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this LeaseTenant.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Project Either the Property or the Premises is damaged by an Insured Peril to such an extent that the estimated cost to restore equals or exceeds ten eighty percent (1080%) of the then actual replacement cost thereofthereof and there remains less than three (3) years in the Lease Term; provided, or however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2A if Tenant at the Building time of such damage has a then valid written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days after Tenant receives Landlord's notice of election to terminate and such action results in which there being more than three (3) years remaining in the Premises is located is damaged to Lease Term (as it has been extended by the exercise of such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereofoption); B. Either the Project Property or the Building Premises is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this paragraph 11.2B if one or more tenants of the BuildingProperty agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within thirty (30) days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by paid or made available to Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project Property under the then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean and include any peril not actually insured against, any peril actually insured against but for which is the insurance proceeds paid or made available to Landlord are for any reason (except for any "deductible" amount specified by such insurance) insufficient to restore the Property under then existing building codes to the condition existing immediately prior to the damage, and any peril actually insured against but for which the insurance proceeds are not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake paid or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at made available to Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage:notice. A. The Project 11.2.1 Subject to Landlord’s insurance obligations under Section 9.3 hereunder, the Building is damaged by an Insured any Peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (“Covered Peril”), to such an extent that the estimated cost to restore the Building equals or exceeds ten fifty percent (1050%) of the then actual then-replacement cost value thereof; 11.2.2 Subject to Landlord’s insurance obligations under Section 9.3 hereunder, or the Building in which the Premises is located is damaged by any Peril not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated cost to restore the Building equals or exceeds twenty-five percent (25%) of the then actual then-replacement cost value thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. 11.2.3 The Leased Premises are damaged by any peril Covered Peril within twelve (12) six months of prior to the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this section 11.2.3 of this Lease if Tenant, at the time of such damage, has an express written option to further extend the term of this Lease and Tenant exercises such option to so further extend the Lease Term within 15 days following the date of Landlord’s termination notice; or D. Either the Project or the 11.2.4 The Building is damaged by any peril Covered Peril and, because of the Laws then in force, the Building either: (i) canmay not be restored at reasonable cost to substantially the same condition in which it was existed prior to such damage, or ; or (ii) canmay not be used for the same use being made thereof before such damage if whether or not restored as required by this Article. E. As used herein, the following terms article. Neither party shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (further obligations under this Lease after such termination, except for Landlord’s obligation to return the Prepaid Rent (if applicable) and the Security Deposit (less any “deductible” amount specified by such insurancepermitted deductions) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this LeaseTenant.

Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances: (a) If, in the reasonable judgment of Landlord, that portion of the Property which has been damaged, and the Premises cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of Landlord's Casualty Election Notice (as hereinafter defined); (b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason (other than Landlord's failure to maintain the "all risk" insurance required under Section 11.2 of this Lease), made available to Landlord from Landlord's insurance policies (and/or from Landlord's funds made available for such purpose, it being agreed that Landlord shall be obligated to contribute the difference, not to exceed $250,000.00, between the amount of the proceeds made available to Landlord from Landlord's insurance policies and the cost to make the required repairs) to make the required repairs and Landlord notifies Tenant in writing that Landlord has elected not to restore the Premises but instead intends to either (x) demolish the Premises without the intent to restore it to substantially its original condition within nine (9) months after such demolition, or (y) replace the Premises with a materially and substantially different structure; provided, however, Landlord shall not have the right to terminate this Lease in pursuant to the event provisions of this Subsection (b) if Landlord restores or repairs the Premises within one (1) year following the date of any of such fire or other casualty. In determining whether or not adequate proceeds are available to Landlord, the following occursfunds shall be taken into account: (i) proceeds from Landlord's insurance policies actually received by Landlord, (ii) any additional funds Landlord makes available for such purpose, which right funds shall be not less than $250,000.00 (provided, Landlord shall not be required to contribute more than $250,000.00 out of Landlord's funds to make the required repairs arising from any fire or other casualty), (iii) any funds Tenant elects to make available for such purpose at Tenant's sole option (which option Tenant may be exercised exercise by delivery to Tenant of a written notice of election to terminate Landlord within forty-five thirty (4530) days after Landlord notifies Tenant that Landlord elects to terminate the date Lease under this subsection) and (iv) any payments of such damage:Operating Expenses which relate to insurance deductibles paid by Tenant in the 12 months following the casualty; A. The Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%c) of the then actual replacement cost thereof, or the If either Building in which the Premises is located is damaged or destroyed during the last two (2) years of the Term to such an the extent that that, in the estimated reasonable judgment of Landlord, the cost to repair and restore exceeds twentysuch Building would exceed seventy-five percent (2575%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual full replacement cost of such Building; provided, however, that Landlord may not terminate this Lease pursuant to this Subsection (c) if (i) Tenant has any remaining Extension Option and (ii) within thirty (30) days after the Building; C. The Premises date Tenant receives from Landlord written notification terminating this Lease pursuant to the provisions of this subsection (c), Tenant delivers to Landlord written notice exercising such Extension Option ("Tenant's Termination Override") at the Fair Market Base Rental to be determined at the time of Tenant's Termination Override (and for the purposes of this subsection (c) the restrictions on the time within which Tenant must exercise such Extension Option are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then duehereby waived); or D. Either (d) If the Project fire or other casualty occurs during the Building is damaged by any peril and, because last year of the Laws then in forceTerm, and the repairs and restoration would either (i) cannot be restored at reasonable cost take longer than ninety (90) days to substantially complete following the same condition in which it was prior to such damagedate of the fire or other casualty, or (ii) canwould not be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: completed at least ninety (i90) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately days prior to the damage; expiration of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice ("Landlord's Casualty Election Notice") within one hundred and twenty (ii120) days after the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding date of the foregoingcasualty, specifying whether Landlord elects to terminate this Lease as provided above and, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) not, Landlord's estimate of the replacement cost of the improvements insured, such peril shall, at time required to complete Landlord’s election, be deemed an “Uninsured Peril” for purposes of 's repair obligations under this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damagedamage or destruction: A. The Project (a) Building E is damaged by an Insured Peril any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (or any insurance Landlord was required to carry pursuant to the terms of this Lease) to such an extent that either (i) the estimated cost to restore the Building exceeds fifty percent of the then actual replacement cost thereof or (ii) any shortfall in insurance proceeds exceed ten percent (10%) of the then actual replacement cost thereof, or of the Building (the “Shortfall Cap”). Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to clause (ii) above if Tenant shall agree in writing within ten (10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any costs of restoration to the extent such costs exceed the Shortfall Cap (the “Casualty Shortfall Amount”), in which event Landlord cannot terminate this Lease and must rebuild the Premises is located areas affected by the casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the extent required by any lender with a lien on the Leased Premises, with such lender the Casualty Shortfall Amount on terms and conditions reasonably acceptable to Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (b) Building E is damaged by an uninsured peril, which peril Landlord was not required to, and did not, insure against pursuant to such an extent that the estimated provisions of Article 9 of this Lease and the cost to restore exceeds twenty-five percent the Shortfall Cap. Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to this Section if Tenant shall agree in writing within ten (25%10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any Casualty Shortfall Amount, in which event Landlord cannot terminate this Lease and must rebuild the then actual replacement cost thereof; B. Either areas affected by the Project or casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged required by any peril within twelve lender with a lien on the Leased Premises, with such lender the Casualty Shortfall Amount on terms and conditions reasonably acceptable to Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. Building E (12c) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building E is damaged by any peril and, because of the Laws or Restrictions then in force, such Building (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for substantially the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten thirty-three percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (2533%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two ten percent (210%) (excluding deductibles) of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days following receipt of Landlord's notice to terminate; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease."

Landlord’s Right to Terminate. Landlord shall have the right option to ----------------------------- terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. (i) The Project is Improvements are damaged by an Insured Peril any peril either (i) covered by the type of insurance Landlord is required to carry pursuant to Subparagraph 8.C. or (ii) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated restoration cost to restore exceeds ten fifty percent (1050%) of the then actual replacement cost thereof. (ii) The Improvements are damaged by any peril both (i) not covered by the type of insurance Landlord is required to carry pursuant to Subparagraph 8.C. and (ii) not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, or the Building in which the Premises is located is damaged to such an extent that the estimated restoration cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (25%) of the then actual replacement cost of the Building;Improvements; provided, however, that Landlord may not terminate this Lease pursuant to this Subparagraph 14.B.(ii) if Tenant agrees in writing to pay the amount by which the restoration cost exceed five percent (5%) of the replacement cost of the Improvements and deposits with Landlord or provides other reasonable assurances of payment (which assurances must be approved by Landlord's Lender) of an amount equal to the estimated amount of such excess within thirty (30) days after Landlord has notified Tenant with its election to terminate this Lease pursuant to this Subparagraph 14.B.(ii). C. (iii) The Premises Improvements are damaged by any peril within during the last twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent Installment of rent then due; orprovided, however, that Landlord may not terminate this Lease pursuant to this Subparagraph 14.B.(iii) if Tenant, at the time of such damage, has an express written option to further extend the term of this Lease and Tenant exercises such option to so further extend the Lease Term within fifteen (15) days following notice of Landlord's termination of this Lease. D. Either the Project or the Building is (iv) The Improvements are damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable a cost less than or equal to the available insurance proceeds and any amounts Tenant is required by this Lease to pay or Tenant otherwise elects to pay, to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) 10% of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this §11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this §11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “Uninsured Peril” for purposes of this Lease.”

Landlord’s Right to Terminate. A final adjustment to Base Rent based upon the Remediation Cost shall be made at such time as the Landlord has completed remediation of the existing environmental conditions on the land on which the Project is to be developed and has obtained a No Further Action Letter with respect to such conditions. If the Remediation Cost exceeds $300,000 but does not exceed $500,000, Base Rent shall be adjusted (in addition to any other adjustment required hereunder) in the manner described in Section 37E above for the amount by which the Remediation Cost exceeds $300,000. Notwithstanding anything in this Lease to the contrary, if the Remediation Cost reasonably estimated by Landlord to complete remediation of the existing environmental conditions on the land on which the Project is to be developed (including the cost of environmental insurance) and to obtain a No Further Action letter exceeds $500,000, Landlord, by written notice to Tenant, may terminate this Lease; provided, however, that if the estimated cost is not in excess of $1,000,000, Tenant may, by written notice to Landlord within ten (10) days after receipt of Landlord's notice of termination, elect to keep the Lease in full force and effect by agreeing to pay (i) immediately, the amount of the estimated remediation cost (including the cost of environmental insurance) in excess of $750,000 and (ii) as Additional Base Rent, the amount of the estimated remediation cost (including the cost of environmental insurance) in excess of $300,000 (not, however, to exceed $450,000) amortized at 11% over the initial Term of the Lease. If the estimated remediation cost (including the cost of environmental insurance) is in excess of $1,000,000, Landlord shall have the an absolute right to terminate this Lease in the event any Lease. Upon termination of the following occursLease pursuant to this Section 37F, which right may be exercised by delivery Landlord shall refund to Tenant of a written notice of election to terminate within forty-five (45A) days after the date of such damage: A. The Project is damaged by an Insured Peril to such an extent that Base Rent and Estimated Basic Operating Costs for the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day first full month of the Lease Term paid by Tenant pursuant to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes Section 6B of this Lease, and (B) the Security Deposit paid by Tenant pursuant to Section 19 of this Lease. The Inducement Deposit shall not be refundable to Tenant.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten thirty-three percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (2533%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the BuildingPeril; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then dueTerm; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to ----------------------------- terminate this Lease in the event any of the following occurs, which right may be exercised by delivery to Tenant of a written notice of election to terminate within forty-five (45) days after the date of such damage: A. The Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent event that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s 's election, be deemed an “"Uninsured Peril” " for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “Uninsured Peril” for purposes of this Lease”.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage.: A. The Project (a) Either the project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. (b) Either the Project or the Building is damaged by an Uninsured Peril to such an as extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this (P)11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this lease; C. (c) The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this (P)11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease term within 15 days following the date of such damage; or D. (d) Either the Project or the Building is damaged by any peril and, because of the Laws laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. (e) As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured or required hereunder to be insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this P. 11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this P. 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right may elect to terminate this Lease following damage by fire or other casualty, effective as of the date of the occurrence of such damage, under the following circumstances: (i) if in Landlord’s reasonable judgment the Building cannot be substantially repaired and restored under Applicable Laws within six (6) months from the date of the casualty; (ii) if adequate insurance proceeds are not for any reason (other than Landlord’s failure to obtain coverages required pursuant to paragraph 12.3(a)), including, without limitation, the casualty not being a casualty for which Landlord is required to maintain insurance pursuant to paragraph 12.3(a) or a decision made by any holder of any encumbrance covering any part of the Premises, not to make available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, in Landlord’s sole and absolute discretion) an amount sufficient to cover all of the cost of the required repairs (excluding the deductible under the policy); (iii) if the Building is damaged or destroyed to the extent that, in the event reasonable judgment of Landlord, the cost to repair and restore the Building would exceed fifty percent (50%) of the full replacement cost of the Building; (iv) if the fire or other casualty occurs during the last one (1) year of the term of the Lease and the damage to the Building is material; or (v) if the casualty is caused by earthquake and the deductible amount payable under Landlord’s earthquake insurance policy exceeds $100,000. If any of the following occurscircumstances described in subparagraphs (i), which right may be exercised by delivery to (ii), (iii) or (iv) of this paragraph 13.3 occur or arise, Landlord shall give Tenant of a written notice of election to terminate within forty-five sixty (4560) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above or Landlord’s estimate of the time required to complete Landlord’s repair obligations if more than nine (9) months from the date of the casualty. In the event Landlord elects to terminate this Lease, this Lease shall be terminated effective as of the date of such damage: A. The Project is damaged by an Insured Peril casualty pursuant to such an extent that the estimated cost to restore exceeds ten percent (10%) notice of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged termination by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this ArticleLandlord. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Project Either the Property or the Premises is damaged by an Insured Peril to such an extent that the estimated cost to restore equals or exceeds ten eighty percent (1080%) of the then actual replacement cost thereofthereof and there remains less than three (3) years in the Lease Term; provided, or however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2A if Tenant at the Building time of such damage has a then valid written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days after Tenant receives Landlord's notice of election to terminate and such action results in which there being more than three (3) years remaining in the Premises is located is damaged to Lease Term (as it has been extended by the Exercise of such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereofoption); B. Either the Project Property or the Building Premises is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this paragraph 11.2B if one or more Tenants of the BuildingProperty agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within thirty (30) days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by paid or made available to Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project Property under the then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean and include any peril not actually insured against, any peril actually insured against but for which is the insurance proceeds paid or made available to Landlord are for any reason (except for any "deductible" amount specified by such insurance) insufficient to restore the Property under then existing building codes to the condition existing immediately prior to the damage, and any peril actually insured against but for which the insurance proceeds are not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake paid or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at made available to Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five sixty (4560) days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twentythirty-five percent (2535%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) $250,000 or any Lender requires that the insurance proceeds be applied to the payment of the then actual replacement cost of the Buildingmortgage debt; C. Either the Project, Building or the Premises are damaged and repairs of such damage cannot, in Landlord’s determination, be made within two hundred seventy (270) days after the occurrence of such damage, without the payment of overtime or other premiums; D. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that (as extended if Tenant previously exercised the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then dueExtension Option); or D. E. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. F. As used herein, the following terms shall have the following following, meanings: (i) the term “Insured Peril” shall mean a peril peril, other than earthquake or flood, actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any earthquake, flood or other peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to ----------------------------- terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten thirty-three percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (2533%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this Section 11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within thirty (30) days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six three (63) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this Section 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following following, meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or Facility: _______________ flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Premises is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building Premises is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof, provided, however, that Landlord may not terminate this Lease pursuant to this Paragraph 11.2B if one or more tenants of the Building;Project agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease, or provides other reasonable assurances reasonably acceptable to Landlord, of Tenant's ability to pay the excess amount as the work progresses. C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; orprovided, however, that Landlord may not terminate this Lease pursuant to this Paragraph 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of notice to Tenant that the Lease will be terminated, unless Tenant exercises its option. D. Either the Project or the Building Premises is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: meanings (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) thirty days after the date of such damagedamage or destruction: A. (a) The Project Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction or by any peril which would have been covered by the insurance Landlord is required to maintain pursuant to Section 9.2 (an "Insured Peril Peril") to such an extent that the estimated cost to restore the Building exceeds ten the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord (or which Landlord was required to carry pursuant to Section 9.2(a) hereof) plus the amount of any deductible (up to a maximum amount of five percent (105%) of the then actual replacement cost thereofof the Building), plus any amount that the Tenant agrees in writing to contribute towards restoration, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five (ii) fifty percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. (b) The Premises are Building is damaged by any an uninsured peril, which peril within twelve (12) months Landlord was not required to insure against pursuant to the provisions of ARTICLE 9 of this Lease, provided, however, that, subject to the requirements of the last day holder of any deed of trust encumbering the Property, Landlord shall not have the right to terminate this Lease if Tenant notifies Landlord, within thirty (30) days after Tenant receives Landlord's written notice of termination pursuant to this Section 10.3, that Tenant will pay for the cost of restoration of the Lease Term Leased Premises, in excess of any insurance proceeds to such an extent that the estimated cost to restore equals or exceeds an amount equal to six be received by Landlord. (6c) times the Base Monthly Rent then due; or D. Either the Project or the The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage:damage or destruction: Building F and Amenities Building A. The Project (a) Building F is damaged by an Insured Peril any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (or any insurance Landlord was required to carry pursuant to the terms of this Lease) to such an extent that either (i) the estimated cost to restore the Building exceeds fifty percent of the then actual replacement cost thereof or (ii) any shortfall in insurance proceeds exceed ten percent (10%) of the then actual replacement cost thereof, or of the Building (the “Shortfall Cap”). Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to clause (ii) above if Tenant shall agree in writing within ten (10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any costs of restoration to the extent such costs exceed the Shortfall Cap (the “Casualty Shortfall Amount”), in which event Landlord cannot terminate this Lease and must rebuild the Premises is located areas affected by the casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the extent required by any lender with a lien on the Leased Premises, with such lender the Casualty Shortfall Amount on terms and conditions reasonably acceptable to Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (b) Building F is damaged by an uninsured peril, which peril Landlord was not required to, and did not, insure against pursuant to such an extent that the estimated provisions of Article 9 of this Lease and the cost to restore exceeds twenty-five percent the Shortfall Cap. Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to this Section if Tenant shall agree in writing within ten (25%10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any Casualty Shortfall Amount, in which event Landlord cannot terminate this Lease and must rebuild the then actual replacement cost thereof; B. Either areas affected by the Project or casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged required by any peril within twelve lender with a lien on the Leased Premises, with such lender the Casualty Shortfall Amount on terms and conditions reasonably acceptable to Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (12c) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building F is damaged by any peril and, because of the Laws or Restrictions then in force, such Building (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for substantially the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five sixty (4560) days after the date of such damagedamage or destruction: A. (a) The Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) whole or a substantial portion of the then actual replacement cost thereof, or Building (including premises other than the Premises) is rendered untenantable in Landlord's good faith estimation and Landlord elects to terminate the leases of all other tenants of the Building in which similarly affected by the damage and whose leases give Landlord the right to terminate the applicable leases without charge or penalty; (b) The whole or a substantial portion of the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril rendered untenantable in Landlord's good faith estimation and cannot be restored within twelve (12) months from the date of the last day damage in Landlord's good faith estimation; (c) The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against by reason of Section 9.2(a) above and Landlord elects to terminate the leases of all other tenants of the Lease Term Building similarly affected by the damage and whose leases give Landlord the right to such an extent that terminate the estimated cost to restore equals applicable leases without charge or exceeds an amount equal to six penalty; (6d) times the Base Monthly Rent then due; or D. Either the Project or the The Building is damaged by any peril and, because of the Laws then in force, the Building (i) cannot be restored at reasonable cost (unless Landlord receives insurance proceeds sufficient to substantially cover the same condition in which it was prior to such damage, actual cost) or (ii) if restored, cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and or (iie) The damage occurs during the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent last twelve (2%12) months of the replacement cost Lease Term and affects the Premises unless Tenant previously exercised its option to extend the Lease Term in accordance with Article 15 below or within thirty (30) days of the improvements insureddamage Tenant exercises its option to extend the Lease Term in accordance with Article 15 below (provided the period for Tenant's exercise under Article 15 below has not previously lapsed). If Landlord terminates this Lease in accordance with this Section 10.3, such peril shalltermination shall be effective on the date specified in Landlord's termination notice, at Landlord’s election, which date cannot be deemed an “Uninsured Peril” for purposes of this Leaseless than five (5) nor more than thirty (30) days after the date Landlord delivers its termination notice to Tenant.

Landlord’s Right to Terminate. Landlord shall have the right may elect to terminate this Lease following damage by fire or other casualty, effective as of the date of the occurrence of such damage, under the following circumstances: (i) if in Landlord's reasonable judgment the Building cannot be substantially repaired and restored under Applicable Laws within six (6) months from the date of the casualty; (ii) if adequate insurance proceeds are not for any reason (other than Landlord's failure to obtain coverages required pursuant to paragraph 12.3(a)), including, without limitation, the casualty not being a casualty for which Landlord is required to maintain insurance pursuant to paragraph 12.3(a) or a decision made by any holder of any encumbrance covering any part of the Premises, not to make available to Landlord from Landlord's insurance policies (and/or from Landlord's funds made available for such purpose, in Landlord's sole and absolute discretion) an amount sufficient to cover all of the cost of the required repairs (excluding the deductible under the policy); (iii) if the Building is damaged or destroyed to the extent that, in the event reasonable judgment of Landlord, the cost to repair and restore the Building would exceed fifty percent (50%) of the full replacement cost of the Building; (iv) if the fire or other casualty occurs during the last one (1) year of the term of the Lease and the damage to the Building is material; or (v) if the casualty is caused by earthquake and the deductible amount payable under Landlord's earthquake insurance policy exceeds $100,000. If any of the following occurscircumstances described in subparagraphs (i), which right may be exercised by delivery to (ii), (iii) or (iv) of this paragraph 13.3 occur or arise, Landlord shall give Tenant of a written notice of election to terminate within forty-five sixty (4560) days after the date of the casualty, specifying whether Landlord elects to terminate this Lease as provided above or Landlord's estimate of the time required to complete Landlord's repair obligations if more than nine (9) months from the date of the casualty. In the event Landlord elects to terminate this Lease, this Lease shall be terminated effective as of the date of such damage: A. The Project is damaged by an Insured Peril casualty pursuant to such an extent that the estimated cost to restore exceeds ten percent (10%) notice of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged termination by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this ArticleLandlord. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) thirty days after the date of such damagedamage or destruction: A. The Project (a) Building 3 is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an Insured Peril “insured peril”) to such an extent that Landlord does not receive insurance proceeds (not including the effect of any deductible portion thereof equal to or greater than ninety percent (90%) of the estimated cost to restore exceeds ten percent (10%) Building 3 Building 3). Notwithstanding any of the then actual replacement cost thereofprovisions of this Paragraph 10.3 to the contrary, if Landlord desires to terminate the Lease as a result of any condition described in this Paragraph 10.3(a) and the damage to the Leased Premises is anticipated to exceed an amount equal to (i) six (6) months’ Base Monthly Rent and Additional Rent at the rental rate at the time of the casualty, or (ii) in the Building in which last year of the Premises is located is damaged Lease Term, three (3) months’ Base Monthly Rent and Additional Rent at the rental rate at the time of the casualty (as applicable, the “Loss Cap”), Landlord shall send written notice thereof to such an extent that Tenant detailing the estimated cost of restoration and the amount by which it exceeds the Loss Cap. No later than thirty (30) days after Tenant’s receipt of such written notice from Landlord, Tenant shall notify Landlord in writing whether Tenant is willing to contribute the amount required to restore the Leased Premises (including the Tenant Improvements therein) which exceeds twenty-five percent (25%) the Loss Cap or whether Tenant desires to terminate this Lease. Provided that Tenant timely notifies Landlord that Tenant is willing to contribute such sum toward restoration of the Leased Premises, Landlord shall restore the Leased Premises (excluding any improvements and any Alterations therein built by Tenant), at its sole cost and expense, with Tenant paying each month as Additional Rent an amortized portion of the amount identified in Landlord’s written notice that is in excess of the Loss Cap. Such Additional Rent due from Tenant in payment for the restoration costs that are in excess of the Loss Cap shall be amortized on a straight line basis over the Lease Term (including all remaining Extension Periods whether or not an Option to Extend therefor has then actual replacement cost thereof;been exercised or not) with interest on the unamortized balance at the Standard Interest Rate. Tenant shall pay such Additional Rent to Landlord for the remainder of the Lease Term (inclusive of any and all Extension Periods) and if the Lease Term expires or otherwise terminates before the end of the period over which such restoration costs were amortized, then upon such expiration or termination of the Lease, Tenant shall pay to Landlord a lump sum payment equal to the unamortized principal balance of the restoration costs. If Tenant fails to timely respond to Landlord’s written notice, this Lease shall terminate as provided in Paragraph 10.3 above. B. Either the Project or the (b) Building 3 is damaged by an Uninsured Peril uninsured peril, which peril Landlord was not required to such an extent that (and did not) insure against pursuant to the estimated cost to restore exceeds two percent provisions of Article 9 of this Lease. (2%c) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building 3 is damaged by any peril and, because of the Laws or Restrictions then in force, Building 3 (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease as to a Portion of the Leased Premises (and as to the Remainder, the entirety of any floor thereof) in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damagedamage or destruction: A. (a) Any given floor of any Portion of the Leased Premises are damaged to an extent exceeding fifty percent (50%) of the square footage of that floor. (i) Such Portion of the Leased Premises are damaged to an extent, within Landlord’s reasonable discretion, that creates a safety risk, causes risk of damage to or inoperability of a building system or increases the cost of, or makes unavailable the insurance required to be maintained by the parties by the terms of this Lease; and (ii) Tenant does not offer in writing within fifteen (15) days after receipt of Landlord’s notice of termination, to repair, at Tenant’s cost, such Portion of the Leased Premises to the extent necessary to eliminate such risks or conditions, or Tenant thereafter does not promptly commence or diligently pursue such repair to completion. (c) The Project Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an Insured Peril “insured peril”) to such an extent that the estimated cost to restore the Building exceeds ten the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord plus the deductible with respect to such insurance, or (ii) twenty percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (2520%) of the then actual replacement cost thereof; B. Either the Project or the (d) The Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent uninsured peril. (2%e) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage:notice. A. 11.2.1 The Project Building is damaged by an Insured any Peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (“Covered Peril”), to such an extent that the estimated cost to restore the Building equals or exceeds ten fifty percent (1050%) of the then actual then-replacement cost value thereof, or the ; 11.2.2 The Building in which the Premises is located is damaged by any Peril not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated cost to restore the Building equals or exceeds twenty-five percent (25%) of the then actual then-replacement cost value thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. 11.2.3 The Leased Premises are damaged by any peril Covered Peril within twelve (12) six months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this section 11.2.3 of this Lease if Tenant, at the time of such damage, has an express written option to further extend the term of this Lease and Tenant exercises such option to so further extend the Lease Term within 15 days following the date of Landlord’s termination notice; or D. Either the Project or the 11.2.4 The Building is damaged by any peril Covered Peril and, because of the Laws then in force, the Building either: (i) canmay not be restored at reasonable cost to substantially the same condition in which it was existed prior to such damage, or ; or (ii) canmay not be used for the same use being made thereof before such damage if whether or not restored as required by this Article. E. As used herein, the following terms article. Neither party shall have any further obligations under this Lease after such termination, except for Landlord’s obligation to return the following meanings: Security Deposit (iless any permitted deductions) the term “Insured Peril” shall mean a peril actually insured against for which the to Tenant. Notwithstanding anything set forth in this section 11.2, any insurance proceeds actually received by that Landlord (and which are not is required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws carry pursuant to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” terms of this Lease shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” to be actually carried for the purposes of this Leasesection 11.2, if Landlord is in breach of such obligation.

Landlord’s Right to Terminate. Notwithstanding the terms of Section 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, and instead terminate this Lease, by notifying Tenant of such election in an applicable Landlord Casualty Notice, in which event such Landlord Casualty Notice shall include a termination date giving Tenant one hundred twenty (120) days to vacate the Premises, but Landlord may so elect only if the Building or Project shall be damaged by Casualty or cause, and one or more of the following conditions is present: (i) in the reasonable judgment of the Construction Professional, repairs cannot reasonably be completed within twelve (12) months after the date of the Casualty (when such repairs are made without the payment of overtime or other premiums); (ii) the Mortgagee shall require that the insurance proceeds or any material portion thereof be used to retire the mortgage debt, or shall terminate the ground lease, as the case may be; (iii) more than Five Million Dollars ($5,000,000) of the damage to the Premises or Project (other than the Tenant Improvements, Alterations and the Original Improvements) is not fully covered by Landlord's insurance policies or that portion of the proceeds from Landlord's insurance policies allocable to the Building or the Project, as the case may be, unless such shortfall is due to Landlord's failure to carry the insurance required to be carried by Landlord under this Lease (provided that Landlord shall have the right not be entitled to terminate this Lease in the event any of the following occurs, which right may be exercised by delivery to Tenant of a written notice of election to terminate if within forty-five (455) business days after of receipt of Landlord's termination notice, Tenant commits to fund (and thereafter actually funds) the date shortfall of such damage: A. The Project is damaged by an Insured Peril insurance proceeds not due to such an extent that Landlord's failure to carry required insurance); or (iv) the estimated cost to restore exceeds ten percent (10%) of damage occurs during the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within last twelve (12) months of the last day of Lease Term (and Tenant has not exercised any option to extend the Lease Term Term) and repairs will reasonably require in excess of ninety (90) days to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Articlerepair. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damagedamage or destruction: A. The Project (a) Building G is damaged by an Insured Peril any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (or any insurance Landlord was required to carry pursuant to the terms of this Lease) to such an extent that either (i) the estimated cost to restore the Building exceeds fifty percent of the then actual replacement cost thereof or (ii) any shortfall in insurance proceeds exceed ten percent (10%) of the then actual replacement cost thereof, or of the Building (the “Shortfall Cap”). Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to clause (ii) above if Tenant shall agree in writing within ten (10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any costs of restoration to the extent such costs exceed the Shortfall Cap (the “Casualty Shortfall Amount”), in which event Landlord cannot terminate this Lease and must rebuild the Premises is located areas affected by the casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the extent required by any lender with a lien on the Leased Premises, with such lender the Casualty Building G Shortfall Amount on terms and conditions reasonably acceptable to Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (b) Building G is damaged by an uninsured peril, which peril Landlord was not required to, and did not, insure against pursuant to such an extent that the estimated provisions of Article 9 of this Lease and the cost to restore exceeds twenty-five percent the Shortfall Cap. Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to this Section if Tenant shall agree in writing within ten (25%10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any Casualty Shortfall Amount, in which event Landlord cannot terminate this Lease and must rebuild the then actual replacement cost thereof; B. Either areas affected by the Project or casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged required by any peril within twelve lender with a lien on the Leased Premises, with such lender the Casualty Shortfall Amount on terms and conditions reasonably acceptable to Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (12c) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building G is damaged by any peril and, because of the Laws or Restrictions then in force, such Building (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for substantially the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to ----------------------------- terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five sixty (4560) days after the date of such damage: A. (i) The Project Building is damaged by an Insured Peril any peril either (a) covered by the type of insurance Landlord is required to carry pursuant to Paragraph 8.D. or (b) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction and in either event the proceeds of such insurance are made available to Landlord, to such an extent that the estimated restoration cost to restore exceeds ten eighty percent (1080%) of the then actual replacement cost thereofthereof and there remains less than three (3) years in the Lease Term; provided, or however, that Landlord may not terminate this Lease pursuant to this subparagraph if Tenant at the time of such damage has a then valid written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within thirty (30) days following the date of such damage and such action results in there being more than three (3) years remaining in the Lease Term (as it has been extended by the exercise of such option). (ii) The Building in which the Premises is located is damaged by any peril both (a) not covered by the type of insurance Landlord is required to carry pursuant to Paragraph 8.D. and (b) not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction to such an extent that the estimated restoration cost to restore exceeds twenty-five percent (255%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building;; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph if Tenant agrees in writing to pay the amount by which the restoration costs exceed five percent (5%) of the replacement costs of the Building and deposits an amount equal to the estimated amount of such costs within thirty (30) days after Landlord has notified Tenant of its election to terminate this Lease pursuant to this subparagraph. C. (iii) The Premises are Building is damaged by any peril within during the last twelve (12) months of the last day Lease Term; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph if Tenant, at the time of such damage, has previously effectively exercised its Option to Extend the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six Term, if any. (6iv) times the Base Monthly Rent then due; or D. Either the Project or the The Building is damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable cost to substantially the same condition in which it was prior to such damagedamage because of a substantial increase in the cost of restoration directly related to changes in Laws that have occurred since the Building was constructed, which substantial increase is not covered by insurance proceeds actually made available by Landlord; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph if (a) Tenant agrees in writing to pay the additional restoration costs directly related to changes in Laws that have occurred since the Building was constructed to the extent it is not covered by insurance proceeds actually recovered by Landlord, and Tenant deposits such amount within thirty (30) days after Landlord has exercised its option to terminate this Lease, or (iib) canthe Building may be redesigned in a manner that does not be used for materially change its size, configuration or value, which redesign would result in Landlord being able to restore the same use Building at reasonable costs and would not result in there being made thereof before insufficient insurance proceeds actually recovered by Landlord so long as Landlord and Tenant reach agreement on such damage if restored as required by redesign within thirty (30) days after Landlord has exercised its option to terminate the Lease and any and all Lenders approve such redesign. For purposes of this Articlesubparagraph, a "substantial increase in the costs of restoration" shall mean an increase of five percent (5%) or more over what the restoration costs would have been had no changes in Laws occurred since the damaged Building was originally constructed. E. As used herein(v) If Tenant elects to make a deposit to avoid a termination of this Lease pursuant to Paragraph 16.B(ii) or (iv), the following terms shall have the following meaningsapply to such deposit: (ia) the term “Insured Peril” deposit may be in the form of cash or an irrevocable letter of credit: (b) any irrevocable letter of credit provided by Tenant to satisfy this requirement must be payable to Landlord, be in the amount of the required deposit, be in form reasonably acceptable to Landlord, and provide for the disbursal of funds to Landlord upon Landlord's certification that the same are needed to pay for restoration costs actually incurred: (c) the deposit shall mean be disbursed to Landlord as it is needed to pay restoration costs as they come due on a peril actually insured against progress payment basis in accordance with customary commercial bank construction lending practices, and Tenant shall take such action as is necessary to cause the deposit to be so disbursed: and (d) the deposit, whether in the form of cash or letter of credit, shall be held in trust for which the disbursal to pay restoration costs by any Lender that is an insurance proceeds actually received company or financial institution, or if there is no such Lender or if such Lender does not agree to act in such capacity, then by a bank, savings and loan association, or other financial institution selected by Landlord (and which are not required to approved by Tenant, whose fee shall be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this LeaseTenant.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised by delivery to Tenant of a written notice of election to terminate within forty-five (45) days after the date of such damage: A. 11.2.1 The Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof, unless Tenant volunteers to pay the excess replacement cost and provides Landlord with reasonable assurances of Tenant’s ability to so pay; B. 11.2.2 Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building, unless Tenant volunteers to pay the excess replacement cost and provides Landlord with reasonable assurances of Tenant’s ability to so pay; C. 11.2.3 The Premises are materially damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then dueTerm; or D. 11.2.4 Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. 11.2.5 As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damagedamage and any peril which would have been an Insured Peril but for the failure of the Landlord to carry insurance required to be carried hereunder; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance insurance, if any, exceeds two percent (2%) of the replacement cost of the improvements insured, such peril the excess deductible shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Project is Premises are damaged by an Insured Peril to such an extent that any peril and, in the estimated cost to restore exceeds ten percent (10%) reasonable opinion of Landlord's architect or construction consultant, the restoration of the then actual replacement cost thereof, or Premises cannot be substantially completed within 270 days after the Building in which the Premises is located is damaged to date of such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof;damage; or B. Either the Project or the The Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this paragraph11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this paragraph11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against (or required to be insured by Landlord under this Lease) for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damagedamage and Landlord agrees to use its commercially reasonable efforts to collect such insurance proceeds (which efforts shall not be deemed to include the commencement of any litigation or arbitration or other action or proceeding against the insurance carrier or any lender); and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. DAMAGE FROM INSURED PERIL. The Project Building is damaged by an Insured Peril peril to such an extent that the estimated cost to restore exceeds ten percent (10%) 33% of the he then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost costs thereof; B. DAMAGE FROM UNINSURED PERIL. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) 5% of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this Section 11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease. Landlord will notify Tenant within 30 days after the date of such damage whether the estimated cost to restore due to the Uninsured Peril will exceed the amount described in this paragraph; C. DAMAGE NEAR END OF TERM. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either provided, however, that Landlord may not terminate this Lease pursuant to this Section 11.2C if Tenant, at the Project or the Building is damaged by any peril and, because time of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for has a then valid express written option to extend the same use being made thereof before Lease Term and Tenant exercises such damage if restored as required by this Article. E. As used herein, option to extend the Lease Term within 15 days following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by date of such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.or

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damagedamage or destruction: A. The Project Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an Insured Peril “insured peril”) to such an extent that the estimated cost to restore the Building exceeds ten percent the lesser of (10%i) of the then actual replacement cost thereofinsurance proceeds available from insurance actually carried by Landlord plus any deductibles, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty(ii) seventy-five percent (2575%) of the then actual replacement cost thereof; B. Either the Project or the The Building is damaged by an Uninsured Peril uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds two the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent (275%) of the then actual replacement cost of the Buildingthereof; C. The Premises are Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease to any peril within twelve extent and (12i) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals the Building exceeds One Hundred Thousand Dollars ($100,000) and (ii) Tenant has not agreed in writing to pay all costs to restore the Building in excess of One Hundred Thousand Dollars ($100,000). In the event Tenant has agreed in writing to pay all costs to restore the Building in excess of One Hundred Thousand Dollars ($100,000), Tenant shall provide to Landlord, within ten (10) business days following any such damage, a cash deposit or exceeds letter of credit for such work, which deposit or letter of credit shall be an amount equal to six (6cover the estimated cost to restore the Building as determined in Landlord’s sole discretion. Any letter of credit so delivered to Landlord shall meet the requirements of Section 3.7(A) times the Base Monthly Rent then due; orabove. D. Either the Project or the The Building is damaged by any peril and, because of the Laws then in force, the Building (i) cancan not be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) canif restored, can not be used for the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to ----------------------------- terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Project is Improvements are damaged by an Insured Peril within the last three (3) years of the Lease Term (or Option Term) to such an extent that the estimated cost to restore equals or exceeds ten seventy-five percent (1075%) of the then actual replacement cost thereofof the Premises; B. The Improvements are damaged by an Uninsured Peril, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore (in excess of the proceeds available, if any) exceeds twenty-five ten percent (2510%) of the then actual replacement cost thereof; B. Either of the Project or Premises; provided, however, that Landlord may not terminate the Building is damaged Lease pursuant to this subparagraph 11.2B if Tenant agrees in writing to pay the amount by an Uninsured Peril to such an extent that which the estimated restoration cost to restore exceeds two ten percent (210%) of the then actual replacement cost of the BuildingPremises and deposits an amount equal to the estimated amount of such excess with Landlord within thirty (30) days after Landlord has notified Tenant of its election to terminate the Lease pursuant to this subparagraph 11.2B; C. The Premises Improvements are damaged by any peril within twelve (12) months of the last day of the Lease Term (or Option Term) to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2C if Tenant, at the time of such damage, has a then valid written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within thirty (30) days following the date of such damage; or D. Either the Project or the Building is The Improvements are damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable cost to substantially the same condition in which it was they were prior to such damagedamage because of a substantial increase in the cost of restoration directly related to changes in Laws that have occurred since the Improvements were constructed which substantial increase is not covered by insurance proceeds actually recovered by Landlord; provided, however, that Landlord may not terminate the Lease pursuant to this subparagraph 11.2D if (i) Tenant agrees in writing to pay the additional restoration costs directly related to changes in Laws that have occurred since the Improvements were constructed to the extent it is not covered by insurance proceeds actually recovered by Landlord, and Tenant deposits such amount within thirty (30) days after Landlord has exercised its option to terminate the Lease, or (ii) canthe Improvements may be redesigned in a manner that does not be used for materially change their size, configuration or value which redesign would result in Landlord being able to restore the same use Improvements at reasonable cost and would not result in there being made thereof before insufficient insurance proceeds actually recovered by Landlord so long as Landlord and Tenant reach agreement upon such damage if restored as required by redesign within sixty (60) days after Landlord has exercised its option to terminate the Lease. For purposes of this Articlesubparagraph 11.2D, a "substantial increase in the cost of restoration" shall mean an increase of ten percent (10%) or more over what the restoration costs would have been had no changes in the Laws occurred since the Improvements were originally constructed. E. If Tenant elects to make a deposit to avoid a termination of this Lease by Landlord pursuant to subparagraph 11.2B or 11.2D, the following shall apply to such deposit: (i) the deposit may be in the form of cash or an irrevocable letter of credit; (ii) any irrevocable letter of credit provided by Tenant to satisfy this requirement must be payable to Landlord, be in the amount of the required deposit, be in form reasonably acceptable to Landlord, and provide for the disbursal of funds to Landlord upon Landlord's certification that the same are needed to pay for restoration costs actually incurred; and (iii) the deposit shall be disbursed to Landlord as it is needed to pay restoration costs as they come due on a progress payment basis in accordance with good construction lending practices, and Tenant shall take such action as is necessary to cause the deposit to be so disbursed. F. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.:

Landlord’s Right to Terminate. Landlord may elect to terminate this Lease following damage by fire or other casualty under the following circumstances: (a) If, in the reasonable judgment of Landlord, that portion of the Property which has been damaged, and the Premises cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of Landlord's Casualty Election Notice (as hereinafter defined); (b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason (other than Landlord's failure to maintain the "all risk" insurance required under Section 11.2 of this Lease), made available to Landlord from Landlord's insurance policies (and/or from Landlord's funds made available for such purpose, it being agreed that Landlord shall be obligated to contribute the difference, not to exceed $250,000.00, between the amount of the proceeds made available to Landlord from Landlord's insurance policies and the cost to make the required repairs) to make the required repairs and Landlord notifies Tenant in writing that Landlord has elected not to restore the Premises but instead intends to either (x) demolish the Premises without the intent to restore it to substantially its original condition within nine (9) months after such demolition, or (y) replace the Premises with a materially and substantially different structure; provided, however, Landlord shall not have the right to terminate this Lease in pursuant to the event provisions of this Subsection (b) if Landlord restores or repairs the Premises within one (1) year following the date of any of such fire or other casualty. In determining whether or not adequate proceeds are available to Landlord, the following occursfunds shall be taken into account: (i) proceeds from Landlord's insurance policies actually received by Landlord, (ii) any additional funds Landlord makes available for such purpose, which right funds shall be not less than $250,000.00 (provided, Landlord shall not be required to contribute more than $250,000.00 out of Landlord's funds to make the required repairs arising from any fire or other casualty), (iii) any funds Tenant elects to make available for such purpose at Tenant's sole option (which option Tenant may be exercised exercise by delivery to Tenant of a written notice of election to terminate Landlord within forty-five thirty (4530) days after Landlord notifies Tenant that Landlord elects to terminate the date Lease under this subsection) and (iv) any payments of such damage:Operating Expenses which relate to insurance deductibles paid by Tenant in the 12 months following the casualty; A. The Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%c) of the then actual replacement cost thereof, or the If either Building in which the Premises is located is damaged or destroyed during the last two (2) years of the Term to such an the extent that that, in the estimated reasonable judgment of Landlord, the cost to repair and restore exceeds twentysuch Building would exceed seventy-five percent (2575%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual full replacement cost of such Building; provided, however, that Landlord may not terminate this Lease pursuant to this Subsection (c) if (i) Tenant has any remaining Extension Option and (ii) within thirty (30) days after the Building; C. The Premises date Tenant receives from Landlord written notification terminating this Lease pursuant to the provisions of this subsection (c), Tenant delivers to Landlord written notice exercising such Extension Option ("TENANT'S TERMINATION OVERRIDE") at the Fair Market Base Rental to be determined at the time of Tenant's Termination Override (and for the purposes of this subsection (c) the restrictions on the time within which Tenant must exercise such Extension Option are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then duehereby waived); or D. Either (d) If the Project fire or other casualty occurs during the Building is damaged by any peril and, because last year of the Laws then in forceTerm, and the repairs and restoration would either (i) cannot be restored at reasonable cost take longer than ninety (90) days to substantially complete following the same condition in which it was prior to such damagedate of the fire or other casualty, or (ii) canwould not be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: completed at least ninety (i90) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately days prior to the damage; expiration of the Term. If any of the circumstances described in subparagraphs (a), (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant notice ("LANDLORD'S CASUALTY ELECTION NOTICE") within one hundred and twenty (ii120) days after the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding date of the foregoingcasualty, specifying whether Landlord elects to terminate this Lease as provided above and, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) not, Landlord's estimate of the replacement cost of the improvements insured, such peril shall, at time required to complete Landlord’s election, be deemed an “Uninsured Peril” for purposes of 's repair obligations under this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Project is Premises are damaged by an Insured Peril to such an extent that any peril and, in the estimated cost to restore exceeds ten percent (10%) reasonable opinion of Landlord's architect or construction consultant, the restoration of the then actual replacement cost thereof, or Premises cannot be substantially completed within 270 days after the Building in which the Premises is located is damaged to date of such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof;damage; or B. Either the Project or the The Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this PARA 11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this PARA 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against (or required to be insured by Landlord under this Lease) for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damagedamage and Landlord agrees to use its commercially reasonable efforts to collect such insurance proceeds (which efforts shall not be deemed to include the commencement of any litigation or arbitration or other action or proceeding against the insurance carrier or any lender); and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate (“Landlord Termination Notice”) within forty-five thirty (4530) days after the date of such damagedamage or destruction: A. (a) The Project Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an Insured Peril “insured peril”) to such an extent that the estimated cost to restore the Building exceeds ten percent the lesser of (10%i) of the then actual replacement cost thereofinsurance proceeds available from insurance actually carried by Landlord, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five (ii) fifty percent (25%) of the then actual replacement cost thereof; B. Either the Project or the (b) The Building is damaged by an Uninsured Peril uninsured peril, which peril Landlord was not required to such an extent that insure against pursuant to the estimated cost to restore exceeds two percent provisions of Article 9 of this Lease. (2%c) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws or Restrictions then in force, the Building (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent Landlord elects to terminate this Lease in accordance with this Paragraph 10.3, Tenant may reject such termination right by providing written notice to Landlord within ten (2%10) business days after receipt of the replacement Landlord Termination Notice. Promptly following Tenant’s notice to reject the Landlord Termination Notice, the parties shall confer and jointly review the plans and cost estimates from Landlord’s architect and contractors. Within ten (10) days after such conference, Tenant shall either (x) agree to pay the shortfall between the actual cost of restoration and the improvements insuredamount from the insurance proceeds as supplemented by Tenant hereby, such peril shallon no less frequent than a monthly basis, at and the Lease shall continue as if Landlord had not exercised its right to terminate under this Paragraph 10.3, or (y) decline to fund any restoration of the Leased Premises and accept Landlord’s election, be deemed an “Uninsured Peril” for purposes termination of this Lease. In the event Tenant does not respond to Landlord within the foregoing 10-day period, such non-response shall constitute Tenant’s decision to decline funding pursuant to clause (y) above.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. 14.2.1. The Project is Premises are damaged by an Insured Peril any peril either (a) covered by the type of insurance Landlord is required to carry pursuant to Section 8.3 or (b) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated restoration cost to restore exceeds ten fifty percent (1050%) of the then actual replacement cost thereof. 14.2.2. The Premises are damaged by any peril both (a) not covered by the type of insurance Landlord is required to carry pursuant to Section 8.3 and (b) not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, or the Building in which the Premises is located is damaged to such an extent that the estimated restoration cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (25%) of the then actual replacement cost of the Building;Premises; provided, however, that Landlord may not terminate this Lease pursuant to this Section 14.2.2 if Tenant agrees in writing to pay the amount by which the restoration cost exceed five percent (5%) of the replacement cost of the Premises and deposits with Landlord or provides other reasonable assurances of payment (which assurances must be approved by Landlord's Lender) of an amount equal to the estimated amount of such excess within thirty (30) days after Landlord has notified Tenant with its election to terminate this Lease pursuant to this Section 14.2.2. C. 14.2.3. The Premises are damaged by any peril within during the last twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or. D. Either the Project or the Building is 14.2.4. The Premises are damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable a cost less than or equal to the available insurance proceeds and any amounts Tenant is required by this Lease to pay or Tenant otherwise elects to pay, to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this PARA 11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this PARA 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Project Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the The Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this P. 11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this P. 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Project Either the Property or the Premises is damaged by an Insured Peril to such an extent that the estimated cost to restore equals or exceeds ten eighty percent (1080%) of the then actual replacement cost thereofthereof and there remains less than three (3) years in the Lease Term; provided, or however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2A if Tenant at the Building time of such damage has a then valid written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days after Tenant receives Landlord's notice of election to terminate and such action results in which there being more than three (3) years remaining in the Premises is located is damaged to Lease Term (as it has been extended by the Exercise of such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereofoption); B. Either the Project Property or the Building Premises is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this paragraph 11.2B if one or more tenants of the BuildingProperty agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within thirty (30) days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by paid or made available to Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project Property under the then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean and include any peril not actually insured against, any peril actually insured against but for which is the insurance proceeds paid or made available to Landlord are for any reason (except for any "deductible" amount specified by such insurance) insufficient to restore the Property under then existing building codes to the condition existing immediately prior to the damage, and any peril actually insured against but for which the insurance proceeds are not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake paid or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at made available to Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Project 10.2.1 Either the Premises or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten fifty percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (2550%) of the then actual replacement cost thereof; B. 10.2.2 Either the Project Premises or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two exceed twenty-five percent (225%) of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this section if Tenant agrees in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposits such amount with Landlord within 30 days after Landlord has notified Tenant of the Buildingits election to terminate this Lease; C. 10.2.3 The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times monthly installments of the Base Monthly Rent then due; or D. 10.2.4 Either the Project or the Building is damaged by any peril and, because of the Laws laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. 10.2.5 As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project Premises under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two ten percent (210%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease."

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project (other than the Building) or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore the Project (other than the Building) exceeds ten percent (10%) 33% of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore the Building exceeds twenty-five percent (25%) 50% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this PARA 11.2B if one or more tenants of the BuildingBuilding agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this PARA 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) 5% of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to ----------------------------- terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this Paragraph 11.B1 if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount interim equal to six (6) times the Base Monthly Rent when due; provided. however, that Landlord may not terminate this Lease pursuant to this Paragraph 11.2C if Tenant, at the time of such damage, has a then duevalid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. (i) The Project is Improvements are damaged by an Insured Peril any peril either (i) covered by the type of insurance Landlord is required to carry pursuant to Subparagraph 8.C. or (ii) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated restoration cost to restore exceeds ten fifty percent (1050%) of the then actual replacement cost thereof. (ii) The Improvements are damaged by any peril both (i) not covered by the type of insurance Landlord is required to carry pursuant to Subparagraph 8.C. and (ii) not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, or the Building in which the Premises is located is damaged to such an extent that the estimated restoration cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (25%) of the then actual replacement cost of the Building;Improvements; provided, however, that Landlord may not terminate this Lease pursuant to this Subparagraph 14.B.(ii) if Tenant agrees in writing to pay the amount by which the restoration cost exceed five percent (5%) of the replacement cost of the Improvements and deposits with Landlord or provides other reasonable assurances of payment (which assurances must be approved by Landlord's Lender) of an amount equal to the estimated amount of such excess within thirty (30) days after Landlord has notified Tenant with its election to terminate this Lease pursuant to this Subparagraph 14.B.(ii). C. (iii) The Premises Improvements are damaged by any peril within during the last twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent Installment of rent then due; orprovided, however, that Landlord may not terminate this Lease pursuant to this Subparagraph 14.B.(iii) if Tenant, at the time of such damage, has an express written option to further extend the term of this Lease and Tenant exercises such option to so further extend the Lease Term within fifteen (15) days following notice of Landlord's termination of this Lease. D. Either the Project or the Building is (iv) The Improvements are damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable a cost less than or equal to the available insurance proceeds and any amounts Tenant is required by this Lease to pay or Tenant otherwise elects to pay, to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) thirty days after the date of such damagedamage or destruction: A. The Project (a) Building 4 is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an Insured Peril “insured peril”) to such an extent that Landlord does not receive insurance proceeds (not including the effect of any deductible portion thereof equal to or greater than ninety percent (90%) of the estimated cost to restore exceeds ten percent (10%) Building 4). Notwithstanding any of the then actual replacement cost thereofprovisions of this Paragraph 10.3 to the contrary, if Landlord desires to terminate the Lease as a result of any condition described in this Paragraph 10.3(a) and the damage to the Leased Premises is anticipated to exceed an amount equal to (i) six (6) months’ Base Monthly Rent and Additional Rent at the rental rate at the time of the casualty, or (ii) in the Building in which last year of the Premises is located is damaged Lease Term, three (3) months’ Base Monthly Rent and Additional Rent at the rental rate at the time of the casualty (as applicable, the “Loss Cap”), Landlord shall send written notice thereof to such an extent that Tenant detailing the estimated cost of restoration and the amount by which it exceeds the Loss Cap. No later than thirty (30) days after Tenant’s receipt of such written notice from Landlord, Tenant shall notify Landlord in writing whether Tenant is willing to contribute the amount required to restore the Leased Premises (including the Tenant Improvements therein) which exceeds twenty-five percent (25%) the Loss Cap or whether Tenant desires to terminate this Lease. Provided that Tenant timely notifies Landlord that Tenant is willing to contribute such sum toward restoration of the Leased Premises, Landlord shall restore the Leased Premises (excluding any improvements and any Alterations therein built by Tenant), at its sole cost and expense, with Tenant paying each month as Additional Rent an amortized portion of the amount identified in Landlord’s written notice that is in excess of the Loss Cap. Such Additional Rent due from Tenant in payment for the restoration costs that are in excess of the Loss Cap shall be amortized on a straight line basis over the Lease Term (including all remaining Extension Periods whether or not an Option to Extend therefor has then actual replacement cost thereof;been exercised or not) with interest on the unamortized balance at the Standard Interest Rate. Tenant shall pay such Additional Rent to Landlord for the remainder of the Lease Term (inclusive of any and all Extension Periods) and if the Lease Term expires or otherwise terminates before the end of the period over which such restoration costs were amortized, then upon such expiration or termination of the Lease, Tenant shall pay to Landlord a lump sum payment equal to the unamortized principal balance of the restoration costs. If Tenant fails to timely respond to Landlord’s written notice, this Lease shall terminate as provided in Paragraph 10.3 above. Building 4 B. Either the Project or the (b) Building 4 is damaged by an Uninsured Peril uninsured peril, which peril Landlord was not required to such an extent that (and did not) insure against pursuant to the estimated cost to restore exceeds two percent provisions of Article 9 of this Lease. (2%c) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building 4 is damaged by any peril and, because of the Laws or Restrictions then in force, Building 4 (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right to ----------------------------- terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage: A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this (P)11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this (P)11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease."

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) 30 days after the date of such damage:. A. The Either the Project or the Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) 33% of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) % of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2B if one or more tenants of the BuildingProject agree in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within 30 days after Landlord has notified Tenant of its election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) 12 months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent when due; provided, however, that Landlord may not terminate this Lease pursuant to this ¶11.2C if Tenant, at the time of such damage, has a then duevalid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following the date of such damage; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i1) the term “Insured Peril” shall mean a peril actually insured or required hereunder to be insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) % of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “Uninsured Peril” for purposes of this Lease.”

Landlord’s Right to Terminate. Landlord shall have the right may elect to terminate this Lease following damage by fire or other casualty under the following circumstances: (a) If, in the reasonable judgment of Landlord, the Project cannot be substantially repaired and restored under applicable Laws within one (1) year from the date of the casualty; (b) If, in the reasonable judgment of Landlord, adequate proceeds are not, for any reason, made available to Landlord from Landlord’s insurance policies, including the deductible portions of such policies (and/or from Landlord’s funds made available for such purpose, at Landlord’s sole option), to make the required repairs; (c) If, in the reasonable judgment of Landlord, the following amounts are insufficient to make the required repairs: (i) proceeds from applicable insurance policies, plus any deductibles (except earthquake insurance coverages) or self-insured retentions, if any, and (ii) any funds otherwise made available for such purpose by Landlord or Tenant (at each party’s sole option), provided, however, this Section 12.2(b) shall only be applicable if Landlord’s out-of-pocket costs are in excess of Two Hundred Thousand Dollars ($200,000.00) (provided, however, that, in the event Landlord makes such determination as a result of a Mortgagee requiring that any insurance proceeds be applied to such Mortgagee’s indebtedness, Landlord shall only have a right to terminate the Lease in accordance with the foregoing if Landlord is unable, after making good faith reasonable efforts, to timely secure reasonable financing under commercially reasonable terms and conditions (including the rate) for the subject market and area to pay for the subject repairs and restoration) (d) If the Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed thirty-three percent (33%) of the full replacement cost of the Building, whether or not the Premises are at all damaged or destroyed; or (e) If the fire or other casualty occurs during the last year of the Term or if upon completion of repair and restoration there would be less than three hundred sixty five (365) days remaining in the Term. If any of the following occurscircumstances described in subparagraphs (a), which right may be exercised by delivery to (b), (c) or (d) of this Section 12.2 occur or arise, Landlord shall give Tenant of a written notice of election to terminate within forty-five ninety (4590) days after the date of such damage: A. The the casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If only the Premises and no other part of the Project is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the casualty event and sufficient insurance proceeds actually to fully cover the repair and restoration are not received by Landlord (excepting any applicable deductibles), and, Landlord has a right to terminate this Lease pursuant to the terms and conditions of this Lease and solely due to the failure to receive such receipt of insufficient proceeds Landlord elects to terminate this Lease and so notifies Tenant, Tenant may elect to pay the cost of repair and restoration (less available insurance proceeds and deductible, which are not required to shall be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore in accordance with the Project under then existing Laws to the condition existing immediately prior to the damage; terms and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes conditions of this Lease) (the “Tenant Contribution”) by delivering written notice of such election, together with payment of such Tenant Contribution, to Landlord within ten (10) days after delivery of Landlord’s notice of election to terminate this Lease solely due to Landlord’s receipt of insufficient insurance proceeds to complete the repair and restoration work. In the event Tenant fails to timely tender notice to Landlord and/or deliver the Tenant Contribution to Landlord, Tenant shall be deemed to waive its right to elect to pay the same and Landlord’s termination of the Lease shall remain in full force and effect. Upon receipt of such notice and Landlord’s receipt of payment by Tenant of the Tenant Contribution in accordance with the terms of this Lease, the Landlord termination shall be deemed rescinded and, following Tenant’s delivery to Landlord of the Tenant Contribution, Landlord shall promptly proceed with the repair and restoration of the Premises and Landlord shall have no further ability to terminate the Lease due to Landlord’s receipt of insufficient insurance proceeds. If Landlord elects to terminate this Lease under this Section 12.2 and Tenant does not elect to pay the Tenant Contribution, this Lease shall terminate as of the date set forth in Landlord’s notice of election to terminate this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five terminate, not later than thirty (4530) days after the date receipt of a written notice from Tenant, following such damage, requesting Landlord’s election: A. The Project Leased Premises or Building is damaged by an Insured Peril any peril either (i) covered by the type of insurance Landlord is required to carry pursuant to Article 9 or (ii) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated cost to restore exceeds ten more than Twenty Five (25) percent (10%) of the then actual replacement cost thereof, Building or the Building in which the Leased Premises is located is materially damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof;or destroyed. B. Either the Project The Leased Premises or the Building is damaged by an Uninsured Peril any peril both (i) not fully covered by the type of insurance Landlord is required to carry pursuant to Article 9 and (ii) not fully covered by valid and collectible insurance actually carried by Landlord and in force at the time of such an extent damage or destruction, unless Tenant elects to pay to Landlord the uninsured amount necessary to fully restore the Leased Premises or Building, in which case the Lease shall not terminate. Such election by Tenant must be made, in writing, within ten (10) days of notice from Landlord that some or all of the damage is uninsured and Tenant must deposit with Landlord the full amount of the estimated cost to restore exceeds two percent uninsured damage within ten (2%10) days of receipt of Landlord’s estimate(s), and following completion Tenant shall immediately pay the then deficiency or shall be credited the overpayment, as appropriate, based upon the actual replacement cost of the Building;restoration costs and payments made by Tenant. C. The Leased Premises are damaged by any peril within twelve during the last six (126) months of the last day of the Lease Term to such an extent that the estimated cost reasonable time to restore equals or the Leased Premises exceeds Sixty (60) days provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph if Tenant, at the time of such damage, has an amount equal express written option to six further extend the term of this Lease for a period of at least two (62) times years and Tenant exercises such option to so further extend the Base Monthly Rent then due; Lease Term within ten (10) days following the date of such damage, or D. Either the Project or the The Building is damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) canmay not be used for the same use being made thereof before such damage if whether or not restored as required by this Article. E. As used herein, the following terms shall have the following meanings: or (iiii) the term “Insured Peril” shall mean a peril actually insured against for which the such damage is not fully covered by insurance proceeds actually received by Landlord (and which are not then in effect or required to be paid to any Lender) are sufficient (except for any “deductible” amount specified maintained by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this LeaseLandlord as set forth herein.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Project Building is damaged by an Insured Peril to such an extent that the estimated cost to restore exceeds ten thirty three percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (2533%) of the then actual replacement cost thereof; B. Either the Project or the The Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost thereof; provided, however, that Landlord may not terminate this Lease pursuant to this Paragraph 11.2B if Tenant agrees in writing to pay the amount by which the cost to restore the damage exceeds such amount and subsequently deposit such amount with Landlord within thirty (30) days after Landlord has notified Tenant of the Buildingits election to terminate this Lease; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this Paragraph 11.2C if Tenant, at the time of such damage, has a then valid express written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within fifteen (15) days following the date of such written notice of Landlord's election to terminate; or D. Either the Project or the The Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “"Insured Peril” " shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “"deductible” " amount specified by such insurance) to restore the Project Building under then existing Laws building codes to the condition existing immediately prior to the damage; and (ii) the term “"Uninsured Peril” " shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “"deductible” " for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, shall be deemed an “"Uninsured Peril” for purposes of this Lease".

Landlord’s Right to Terminate. Landlord shall have the right to ----------------------------- terminate this Lease in the event any of the following occurs, which right may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. The Project is Improvements are damaged by an Insured Peril within the last three (3) years of the Lease Term (or Option Term) to such an extent that the estimated cost to restore equals or exceeds ten seventy-five percent (1075%) of the then actual replacement cost thereofof the Premises; B. The Improvements are damaged by an Uninsured Peril, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore (in excess of the proceeds available, if any) exceeds twenty-five ten percent (2510%) of the then actual replacement cost thereof; B. Either of the Project or Premises; provided, however, that Landlord may not terminate the Building is damaged Lease pursuant to this subparagraph 11.2B if Tenant agrees in writing to pay the amount by an Uninsured Peril to such an extent that which the estimated restoration cost to restore exceeds two ten percent (210%) of the then actual replacement cost of the BuildingPremises and deposits an amount equal to the estimated amount of such excess with Landlord within thirty (30) days after Landlord has notified Tenant of its election to terminate the Lease pursuant to this subparagraph 11.2B; C. The Premises Improvements are damaged by any peril within twelve (12) months of the last day of the Lease Term (or Option Term) to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph 11.2C if Tenant, at the time of such damage, has a then valid written option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within thirty (30) days following the date of such damage; or D. Either the Project or the Building is The Improvements are damaged by any peril and, because of the Laws then in force, (i) canmay not be restored at reasonable cost to substantially the same condition in which it was they were prior to such damagedamage because of a substantial increase in the cost of restoration directly related to changes in Laws that have occurred since the Improvements were constructed which substantial increase is not covered by insurance proceeds actually recovered by Landlord; provided, or (ii) canhowever, that Landlord may not be used for terminate the same use being made thereof before such damage Lease pursuant to this subparagraph 11.2D if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) Tenant agrees in writing to pay the term “Insured Peril” shall mean a peril actually insured against for which additional restoration costs directly related to changes in Laws that have occurred since the Improvements were constructed to the extent it is not covered by insurance proceeds actually received recovered by Landlord (Landlord, and which are not required to be paid to any Lender) are sufficient (except for any “deductible” Tenant deposits such amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.within thirty

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damage: A. (1) The Project is Premises are damaged by an Insured Peril any peril either (i) covered by the type of insurance Landlord is required to carry pursuant to Paragraph 8.C or (ii) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated restoration cost to restore exceeds ten fifty percent (10%) of the then actual replacement cost thereof, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (250%) of the then actual replacement cost of the Building;. C. (2) The Premises are damaged by any peril both (i) not covered by the type of insurance Landlord is required to carry pursuant to Paragraph 8.C and (ii) not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated restoration cost exceeds five percent (5%) of the then actual replacement cost of the Building; provided, however, that Landlord may not terminate this Lease pursuant to this subparagraph if Tenant agrees in writing to pay the amount by which the restoration cost exceed five percent (5%) of the replacement cost of the Premises and deposits with Landlord an amount equal to the estimated amount of such excess within thirty (30) days after Landlord has notified Tenant with its election to terminate this Lease pursuant to this subparagraph. (3) The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to Term, and, in the reasonable opinion of Landlord's architect or construction consultant, the restoration of the Premises cannot be substantially completed within sixty (60) days after the date of such an extent that the estimated cost to restore equals or exceeds an amount equal to six damage. (64) times the Base Monthly Rent then due; or D. Either the Project or the Building is The Premises are damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damageif restored, or (ii) canmay not be used for the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five thirty (4530) days after the date of such damagedamage or destruction: A. (a) The Project Building is damaged by an Insured Peril any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (or any insurance Landlord was required to carry pursuant to the terms of this Lease) to such an extent that either (i) the estimated cost to restore the Building exceeds fifty percent of the then actual replacement cost thereof; or (ii) any shortfall in insurance proceeds exceed ten percent (10%) of the then actual replacement cost thereof, or of the Building (the “Shortfall Cap”). Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to clause (ii) above if Tenant shall agree in writing within ten (10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any costs of restoration to the extent such costs exceed the Shortfall Cap (the "Casualty Shortfall Amount"), in which event Landlord cannot terminate this Lease and must rebuild the Premises is located is damaged areas affected by the casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the extent required by any lender with a lien on the Leased Premises, with such an extent that lender the estimated cost Casualty Shortfall Amount on terms and conditions reasonably acceptable to restore exceeds twenty-five percent Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (25%b) of the then actual replacement cost thereof; B. Either the Project or the The Building is damaged by an Uninsured Peril uninsured peril, which peril Landlord was not required to, and did not, insure against pursuant to such an extent that the estimated provisions of Article 9 of this Lease and the cost to restore exceeds two percent the Shortfall Cap. Notwithstanding the foregoing, Tenant may override Landlord’s election to terminate the Lease pursuant to this Section if Tenant shall agree in writing within ten (2%10) days after receipt of Landlord’s notice electing to terminate this Lease to pay any Casualty Shortfall Amount, in which event Landlord cannot terminate this Lease and must rebuild the then actual replacement cost of areas affected by the Building; C. The Premises are damaged casualty; provided, however, that if Tenant exercises such election, Tenant shall enter into an agreement with Landlord pursuant to which Tenant will covenant to deposit into an escrow or, to the extent required by any peril within twelve lender with a lien on the Leased Premises, with such lender the Casualty Shortfall Amount on terms and conditions reasonably acceptable to Landlord. In addition, if Tenant elects to override Landlord’s election to terminate this Lease as provided above, Tenant shall execute and deliver to any such lender any documents reasonably required by such lender to evidence Tenant’s intention to keep this Lease in full force and effect. (12c) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the The Building is damaged by any peril and, because of the Laws or Restrictions then in force, such Building (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, cannot be used for substantially the same use being made thereof before such damage if restored as required by this Articledamage. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this Lease.

Landlord’s Right to Terminate. Landlord shall have the right option to terminate this Lease in the event any of the following occurs, which right option may be exercised only by delivery to Tenant of a written notice of election to terminate within forty-five (45) thirty days after the date of such damagedamage or destruction: A. (a) The Project Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction or by any peril which would have been covered by the insurance Landlord is required to maintain pursuant to Section 9.2 (an “Insured Peril Peril”) to such an extent that the estimated cost to restore the Building exceeds ten the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord (or which Landlord was required to carry pursuant to Section 9.2(a) hereof) plus the amount of any deductible (up to a maximum amount of five percent (105%) of the then actual replacement cost thereofof the Building), plus any amount that the Tenant agrees in writing to contribute towards restoration, or the Building in which the Premises is located is damaged to such an extent that the estimated cost to restore exceeds twenty-five (ii) fifty percent (25%) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. ; (b) The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any an uninsured peril, which peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it Landlord was prior to such damage, or (ii) cannot be used for the same use being made thereof before such damage if restored as required by this Article. E. As used herein, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws insure against pursuant to the condition existing immediately prior to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) provisions of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes Article 9 of this Lease, provided, however, that, subject to the requirements of the holder of any deed of trust encumbering the Property, Landlord shall not have the right to terminate this Lease if Tenant notifies Landlord, within thirty (30) days after Tenant receives Landlord’s written notice of termination pursuant to this Section 10.3, that Tenant will pay for the cost of restoration of the Leased Premises, in excess of any insurance proceeds to be received by Landlord.

Landlord’s Right to Terminate. If the Premises are rendered wholly untenantable by fire or any other casualty or if the Premises or the Building should be damaged or destroyed by fire or other casualty to the extent of fifty percent (50%) or more of the monetary value of either thereof, whether the Premises themselves be damaged or not, or so that fifty percent (50%) or more of the floor space contained in either thereof shall be rendered untreatable, then in any such event the Landlord shall have the right to may, at its option, terminate this Lease or elect to repair or rebuild the same. If, as a result of any damage either to the Premises or to the Building, the Landlord determines to demolish or rebuild the Premises or the Building, then in any such event the event Landlord may also terminate this Lease. In any of the following occursforegoing instances the Landlord shall notify the Tenant as to its election, which right may be exercised by delivery to Tenant of a written notice of election to terminate within forty-five ninety (4590) days after the date casualty in question. If the Landlord elects to terminate this Lease, then the same shall terminate three (3) days after such notice is given and the Tenant shall immediately vacate the Premises and surrender the same to the Landlord, paying rent to the time of such said vacation and surrender, subject to a proportionate abatement from the time of said damage:. If the Landlord does not elect to terminate this Lease, the Landlord shall repair and/or rebuild the Premises as promptly as possible, subject to any delay from causes beyond its reasonable control and to Landlord's receipt of insurance proceeds, and the Term shall continue without interruption and this Lease shall remain in full force and effect, subject to equitable abatement in the Minimum Rent from the time of said damage or destruction until Landlord has completed its repairs or restoration. A. The Project is Section 13.3 If any part of or all of the Xxxxxx Complex, Building or Common Areas are damaged by an Insured Peril fire or other casualty or are taken by condemnation or appropriation to such an extent that the estimated cost to restore exceeds ten percent (10%) Xxxxxx Complex cannot, in the sole judgment of Landlord, be operated as a multi-use facility, then the then actual replacement cost thereofLandlord may cancel this Lease, or the Building in which although the Premises is located is are not themselves damaged to such an extent that the estimated cost to restore exceeds twenty-five percent or appropriated. Written notice of said cancellation shall be given Tenant within ninety (25%90) of the then actual replacement cost thereof; B. Either the Project or the Building is damaged by an Uninsured Peril to such an extent that the estimated cost to restore exceeds two percent (2%) of the then actual replacement cost of the Building; C. The Premises are damaged by any peril within twelve (12) months of the last day of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Base Monthly Rent then due; or D. Either the Project or the Building is damaged by any peril and, because of the Laws then in force, (i) cannot be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) cannot be used for the same use being made thereof before days after such damage if restored as required by this Article. E. As used hereinor after such appropriation becomes effective and Tenant shall immediately surrender possession, the following terms shall have the following meanings: (i) the term “Insured Peril” shall mean a peril actually insured against for which the insurance proceeds actually received by Landlord (and which are not required to be paid to any Lender) are sufficient (except for any “deductible” amount specified by such insurance) to restore the Project under then existing Laws paying Minimum Rent to the condition existing immediately prior time of said surrender, subject to equitable abatement in Minimum Rent from the time of damage to the damage; and (ii) the term “Uninsured Peril” shall mean any peril which is not an Insured Peril. Notwithstanding the foregoing, if the “deductible” for earthquake or flood insurance exceeds two percent (2%) of the replacement cost of the improvements insured, such peril shall, at Landlord’s election, be deemed an “Uninsured Peril” for purposes of this LeaseDemised Premises.