Common use of Landlord’s Rights and Obligations Clause in Contracts

Landlord’s Rights and Obligations. In the event the Premises or any part of the Building is damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty (150) days from the date of such casualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 below), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty (150) days to complete, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Building and Premises damaged by such casualty (including the Leasehold Improvements and any Tenant Changes insured by Landlord pursuant to Subparagraph 14.1(c)), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's receipt of Landlord's election to so terminate.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the gross negligence or willful misconduct of Tenant ("Casualty") to an extent not exceeding twentythirty-five three percent (2533%) of the full replacement cost thereof, and Landlord's contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualtyCasualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 below), plus applicable deductibles or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such riskself insured retentions, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twentythirty-five three percent (2533%) of the full replacement cost thereof, or Landlord's contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of Casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) plus applicable deductibles or self insured retentions sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's receipt of Landlord's election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord's receipt of the estimate from Landlord's contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord's Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the gross negligence or willful misconduct of Tenant (“Casualty”) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties (the “Restoration Estimate”) that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twelve (15012) days months from the date of such casualtyCasualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twelve (15012) days months to completecomplete from the date of Casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from T enant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's Xxxxxx’s receipt of Landlord's ’s election to so terminate; provided that Landlord shall only have the right to terminate this Lease if Landlord also terminates the leases of all other similarly situated tenants at the Property for which Landlord has termination rights. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Xxxxxxxx’s receipt of the estimate from Xxxxxxxx’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event the Premises or any part of the Building is damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereofthereof (exclusive of the Leasehold Improvements and Tenant Changes), and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty eighty (150180) days from the date of such casualty, casualty and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration (less any insurance deductible Landlord must pay or incur in connection therewith) had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 Section 10.2 below), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration (including the Leasehold Improvements and any Tenant Changes to the extent such Tenant Changes are insured by Landlord pursuant to Section 7.1(c) above) and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty eighty (150180) days to complete, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restorationrestoration (less any insurance deductible Landlord must pay or incur in connection therewith), then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Building and Premises damaged by such casualty (including the Leasehold Improvements and any Tenant Changes insured by Landlord pursuant to Subparagraph 14.1(c)Section 7.1(c) above), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease by giving written notice to Tenant within sixty (60) days after Landlord receives notice of the occurrence of any such casualty, and such termination shall be effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the negligence or willful misconduct of Tenant (“Casualty”) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualtyCasualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of Casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant (“Determination Notice”) of (i) the length of time it will take to repair and (ii) its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the negligence or willful misconduct of Tenant (“Casualty”) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty eighty (150180) days from the date of such casualtyCasualty, and Landlord will or would receive insurance proceeds plus any deductible or self insurance sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty eighty (150180) days to completecomplete from the date of Casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the negligence or willful misconduct of Tenant (“Casualty”) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualtyCasualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of Casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the negligence or willful misconduct of Tenant (“Casualty”) to an extent not exceeding twentyforty-five nine percent (2549%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the negligence or willful misconduct of Tenant (“Casualty”) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualtyCasualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of Casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by tenant improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event the Premises or any part of the Building is damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one two hundred fifty forty (150240) days from the date of such casualty, and Landlord will or would receive insurance proceeds (other than deductibles under Landlord’s policies and uninsured amounts or claims adjustments that create a shortfall of not more than five percent (5%) of the replacement value of the Building) sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowSection 18.2 below and deductible as capped in Section 4.6), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) part of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one two hundred fifty forty (150240) days to complete, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restorationrestoration (other than deductibles under Landlord’s policies and uninsured amounts or claims adjustments that create a shortfall of not more than five percent (5%) of the replacement value of the Building), then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Building and Premises damaged by such casualty (including the Leasehold Improvements and any Tenant Changes insured by Landlord pursuant to Subparagraph 14.1(c)), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's receipt of Landlord's election to so terminate.:

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty (“Casualty”) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualtyCasualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of Casualty (which estimate shall be delivered to Tenant immediately following Landlord’s receipt thereof), or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. In addition, if Landlord’s contractor estimates that such work of repair, reconstruction and restoration will require longer than one hundred twenty (120) days to complete from the date of Casualty (which estimate shall be delivered to Tenant immediately following Landlord’s receipt thereof), then Tenant may elect to terminate this Lease within thirty (30) days of Tenant’s receipt of such estimate, provided that such termination date shall not be earlier than thirty (30) days following the date of the notice of termination. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of thirty (30) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild,.

Landlord’s Rights and Obligations. In the event the Premises or any part of the Building is damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 below), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty (150) days to complete, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Building and Premises damaged by such casualty (including the Leasehold Improvements and any Tenant Changes insured by Landlord pursuant to Subparagraph 14.1(c)), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's receipt of Landlord's election to so terminate.and

Landlord’s Rights and Obligations. In the event the Premises or any part of the Building is damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one two hundred fifty forty (150240) days from the date of such casualty, and Landlord will or would receive insurance proceeds (other than deductibles under Landlord’s policies and uninsured amounts or claims adjustments that create a shortfall of not more than five percent (5%) of the replacement value of the Building) sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 below), or should Landlord be a self-insurer for such casualty Section 18.2 below and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such riskdeductible as capped in Section 4.6, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) part of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one two hundred fifty forty (150240) days to complete, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restorationrestoration (other than deductibles under Landlord’s policies and uninsured amounts or claims adjustments that create a shortfall of not more than five percent (5%) of the replacement value of the Building), then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Building and Premises damaged by such casualty (including the Leasehold Improvements and any Tenant Changes insured by Landlord pursuant to Subparagraph 14.1(c)), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's receipt of Landlord's election to so terminate.:

Landlord’s Rights and Obligations. In the event the Premises or any part of If the Building is damaged by fire or other casualty (“Casualty”): (i) to an extent not exceeding twenty-five fifty percent (2550%) of the full replacement cost thereof, and Landlord's contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior Landlord has insurance coverage with respect to such damage within one hundred fifty (150) days from the date of such casualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance Casualty and/or was required to be carried by Landlord carry insurance with respect to such Casualty pursuant to this Lease Lease; or (including proceeds from Tenant and/or Tenant's insurance which Tenant is required ii) to deliver an extent not exceeding ten percent (10%) of the full replacement cost thereof with respect to Landlord pursuant to Subparagraph 20.2 below), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such riskany other Casualty, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, : (a) the Premises or any other part(s) of such Building is damaged to an extent exceeding twenty-five fifty percent (2550%) of the full replacement cost thereof, or Landlord's contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty (150) days to complete, or thereof by a Casualty for which Landlord will not receive has insurance proceeds even though Landlord carried the insurance coverage and/or was required to be carried by Landlord carry insurance coverage pursuant to this Lease; or (b) the Building is damaged to an extent exceeding ten percent (10%) of the full replacement cost thereof by a Casualty for which Landlord does not have insurance coverage and for which Landlord was not required to carry insurance pursuant to the Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration“Uninsured Casualty”), then Landlord may elect to either: (ai) repair, reconstruct and restore the portion of the Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (bii) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. In the event the Building is damaged to an extent exceeding ten percent (10%) of the full replacement cost of thereof, and Landlord elects to terminate this Lease pursuant to clause (ii) of the preceding sentence, Tenant may vitiate any such termination notice by notifying Landlord, in writing, prior to the expiration of the thirty (30) day period provided for in clause (ii) of the proceeding sentence, that Tenant will contribute to the cost of repair, reconstruction and restoration of the Building to the extent that such cost exceeds ten percent (10%) of the full replacement cost of the Building. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty not caused by the negligence or willful misconduct of Tenant (“Casualty”) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 below), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effecteffect and Landlord shall utilize commercially reasonable efforts to provide Tenant with alternate space in the Building. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of casualty, or Landlord will not receive insurance proceeds even though Landlord carried the from insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) Tenant sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild. If, for any reason (including Landlord’s failure to obtain insurance for the full replacement cost of any Alterations in the Building which Landlord is required to insure pursuant to Section 13.1 hereof), Landlord fails to receive insurance proceeds covering the full replacement cost of such damages, Landlord shall be deemed to have self-insured the replacement cost of such damages.

Landlord’s Rights and Obligations. In the event the Premises or any part of the Building is damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one two hundred fifty seventy (150270) days from the date of such casualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 Section 10.2 below), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one two hundred fifty seventy (150270) days to complete, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Building and Premises damaged by such casualty (including the Leasehold Improvements and any Tenant Changes insured by Landlord pursuant to Subparagraph 14.1(c)Section 7.1(c) above), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease by giving written notice to Tenant within sixty (60) days after Landlord receives notice of the occurrence of any such casualty, and such termination shall be effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Notwithstanding the foregoing, if Landlord’s contractor reasonably estimates that it will take longer than two hundred seventy (270) days from the date Landlord’s contractor’s estimate has been delivered to Landlord and Tenant to complete the restoration, reconstruction or repair of the Building and/or Premises and Landlord has not otherwise elected to terminate this Lease as provided above, Tenant shall have the right, for the period continuing through the tenth (10th) day after receipt of such estimate, to terminate this Lease by delivering written notice to Landlord of its election to do so. If Tenant fails to deliver written notice of its election to terminate this Lease within the above 10-day period, then Tenant shall have no further right to terminate this Lease.

Landlord’s Rights and Obligations. In the event If the Premises or any part of the Building is damaged by fire or other casualty (“Casualty“) to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's ’s contractor reasonably estimates in a writing delivered to the parties that the damage thereto is such that the Building and/or Premises may be repaired, reconstructed (or restored to substantially its condition immediately prior to such damage within one hundred fifty twenty (150120) days from the date of such casualty, and Landlord will or would receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration had Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (including proceeds from Tenant and/or Tenant's ’s insurance which Tenant is required to deliver to Landlord pursuant to Subparagraph 20.2 belowthis Lease), or should Landlord be a self-insurer for such casualty and such casualty would have been covered by the insurance required under this Lease had Landlord not elected to self-insure for such risk, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. If, however, the Premises or any other part(s) of such the Building is damaged to an extent exceeding twenty-five percent (25%) of the full replacement cost thereof, or Landlord's ’s contractor reasonably estimates that such work of repair, reconstruction and restoration will require longer than one hundred fifty twenty (150120) days to completecomplete from the date of casualty, or Landlord will not receive insurance proceeds even though Landlord carried the insurance required to be carried by Landlord pursuant to this Lease (and/or proceeds from Tenant, as applicable) sufficient to cover the costs of such repairs, reconstruction and restoration, then Landlord may elect to either: (a) repair, reconstruct and restore the portion of the Premises or Building and Premises damaged by such casualty Casualty (including the Leasehold Improvements and any Tenant Changes insured by Improvements, the Alterations that Landlord elects to insure pursuant to Subparagraph 14.1(c)Section 13.1 and, to the extent of insurance proceeds received from Tenant, the Alterations that Tenant is required to insure pursuant to Section 13.1), in which case this Lease shall continue in full force and effect; or (b) terminate this Lease effective as of the date which is thirty (30) days after Tenant's ’s receipt of Landlord's ’s election to so terminate. Under any of the conditions of this Section 17.1, Landlord shall give written notice to Tenant of its intention to repair or terminate within the later of sixty (60) days after the occurrence of such Casualty, or fifteen (15) days after Landlord’s receipt of the estimate from Landlord’s contractor or, as applicable, thirty (30) days after Landlord receives approval from Landlord’s Mortgagee to rebuild.