Common use of OWNER'S REPAIR OBLIGATIONS Clause in Contracts

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business therein, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by (ire or

OWNER'S REPAIR OBLIGATIONS. If A.If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's ’s expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's ’s Personal Property Property, or any Alterations made to and/or build-out of, the Demised Premises (whether or not paid for in whole or in part with an Owner’s work contribution) or any other property or effects of Tenant (all of such Tenant’s Personal Property, Alterations and build-out, and other property are further collectively referred to as “Tenant’s Property Interest”). Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damagedamage to the Demised Premises or damage to the Building due to a fire or other casualty, the Fixed Rent and increases therein pursuant to Article 23 shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent and increases therein pursuant to Article 23 shall abatx xxx xxxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised PremisesPremises (except that with respect to any period(s) in which the Demised Premises shall be comprised of spaces which are then leased at different per square foot rental rates, then with respect to any such periods, the Fixed Rent shall xxxxx equitably for such period(s) on the basis of the area of the part of the Demised Premises so rendered untenantable and the Fixed Rent applicable thereto). However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent and increases therein pursuant to Article 23 shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. The foregoing notwithstanding, Owner agrees that if it is reimbursed by its rent insurance policies covering the Building (with it understood that Owner shall request reimbursement) for any days in the ninety (90) day period following the date that the Demised Premises, or any part thereof, shall be repaired by Owner to the extent required hereunder and prior to the date Tenant shall resume the conduct of its business in the Demised Premises or such part thereof, in which time period Tenant enters or is making arrangements to enter the Demised Premises to prepare to resume occupancy, any abatement with respect to such space shall extend beyond the date that such space has been repaired by Owner by the number of days that such rent insurance policy provides Owner with reimbursement for Tenant to prepare to resume occupancy of the Demised Premises for the conduct of business, up to a maximum extension time period of ninety (90) days. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner’s opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner’s option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days’ notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant. 

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises or -------------------------- Building shall be damaged by fire or other casualty and if casualty, Tenant shall give prompt notice to Owner of such damage, and Owner, at Owner's expense, shall thereafter repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire or a material portion of the Demised Premises shall be rendered untenantable or if the Building is damaged to the extent that reasonable access to the Demised Premises is not available by reason of any such damage, the Fixed Rent shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx xxxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's ’s expense, shall repair such damagedamage reasonably promptly under the cirumstances. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's ’s Personal Property Property, or any Alterations made to the Demised Premises by or on behalf of Tenant, including without limitation, any of Tenant’s Alterations (whether or not paid for in whole or in part with an Owner’s work contribution) or any of Owner’s Initial Work (other than that portion of Owner’s Initial Work, if any, relating to the core bathrooms located on the floor on which the Demised Premises is located) or any other property or effects of Tenant (all of such Tenant’s Personal Property, Alterations, Owner’s Initial Work and other property are further collectively referred to as “Tenant’s Property Interest”). Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent, including the portion of Fixed Rent which is the Electrical Inclusion Factor, and the escalation payments pursuant to Article 23, shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent, including the portion of Fixed Rent which is the Electrical Inclusion Factor, and the escalation payments pursuant to Article 23, shall abatx xxx xxxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised PremisesPremises (except that with respect to any period(s) in which the Demised Premises shall be comprised of spaces which are then leased at different per square foot rental rates, then with respect to any such periods, the Fixed Rent, including the portion of Fixed Rent which is the Electrical Inclusion Factor, shall xxxxx equitably for such period(s) on the basis of the area of the part of the Demised Premises so rendered untenantable and the Fixed Rent applicable thereto). However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent, including the portion of Fixed Rent which is the Electrical Inclusion Factor, and the escalation payments pursuant to Article 23, shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner’s opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner’s option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days’ notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises -------------------------- shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx xxxxx equitably for such period in on the proportion which basis of the area of the part of the Demised Premises so rendered untenantable bears to and the total area allocations of the Demised PremisesFixed Rent as set forth in subsection D of Section 38.02. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be to totally damaged or rendered wholly untenantable by fire or other casualty, and there shall be less than three (3) years remaining of the Demised Term, as it may be extended pursuant to the provisions of Article 42 (provided, however, if any option pursuant to Article 42 has not been exercised prior to such fire or other casualty because such fire or other casualty has occurred prior to the time by which Tenant must notify Owner of its exercise of such option, Tenant shall have the right to exercise such option by notice to Owner within the lesser of (a) the period of forty-five (45) days following Tenant's receipt of Owner's notice of termination hereunder and (b) the period between the date of such fire of other casualty and the date by which Tenant must otherwise notify Owner of the exercise of such option and in the event Tenant exercises its option in accordance with the foregoing, Owner's notice of termination shall be void and of no force and effect) and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this Lease and, in the event such notice is given, this Lease shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed rent shall be apportioned as of such date (subject to any earlier date or abatement of Fixed Rent) and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property Property, or any Alterations made to the Demised Premises by or on behalf of Tenant, including without limitation, any of Tenant's Alterations (whether or not paid for in whole or in part with an Owner's work contribution) or any other property or effects of Tenant (all of such Tenant's Personal Property, Alterations, and other property are further collectively referred to as "Tenant's Property Interest"). Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx xxxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised PremisesPremises (except that with respect to any period(s) in which the Demised Premises shall be comprised of spaces which are then leased at different per square foot rental rates, then with respect to any such periods, the Fixed Rent shall xxxxx equitably for such period(s) on the basis of the area of the part of the Demised Premises so rendered untenantable and the Fixed Rent applicable thereto). However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days" notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent and any additional rent shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent and Tenant's Proportionate Share of payments pursuant to the provisions of Article 23 shall abatx xxx xxxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a ten (10) days' notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said ten (10) days with the same effect as if the date of expiration of said ten (10) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx abate for the period from the date of dxxx xf such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx abate for such period in the proportion xxxxxrtion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll abate shall be equitably apportioned appoxxxxxed for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Further, should Owner, at its sole option, make available to Tenant, during the period of such repair, other space in the Building which is reasonably suitable for the temporary carrying on of Tenant's business, the Fixed Rent (as equitably adjusted to reflect any difference in the square footage of such space as compared to the Demised Premises) shall be reinstated with respect to such temporarily occupied space and shall be payable by Tenant from the date such space is occupied by Tenant. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. A. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property Property, or any Alterations made to the Demised Premises by or on behalf of Tenant, including without limitation, any of Tenant's Alterations (whether or not paid for in whole or in part with an Owner's work contribution) or any of Owner's Initial Construction (other than that portion of Owner's Initial Construction relating to the core bathrooms located on the floor on which the Demised Premises is located) or any other property or effects of Tenant (all of such Tenant's Personal Property, Alterations, Owner's Initial Construction and other property are further collectively referred to as "Tenant's Property Interest"). Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx xxxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised PremisesPremises (except that with respect to any period(s) in which the Demised Premises shall be comprised of spaces which are then leased at different per square foot rental rates, then with respect to any such periods, the Fixed Rent shall xxxxx equitably for such period(s) on the basis of the area of the part of the Demised Premises so rendered untenantable and the Fixed Rent applicable thereto). However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, expense shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx xxxxx for the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business thereinrepaired, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx xxxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll xxxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events. Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.

OWNER'S REPAIR OBLIGATIONS. If the Demised Premises shall be damaged by fire or other casualty and if Tenant shall give prompt notice to Owner of such damage, Owner, at Owner's expense, shall repair such damage. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be rendered untenantable by reason of any such damage, the Fixed Rent shall abatx xxx the period from the date of such damage to the earlier of (x) the date ten (10) days next following the date when such damage shall have been repaired or (y) the date upon which Tenant shall have completed its repairs thereto and commenced the conduct of its business therein, and if only a part of the Demised Premises shall be so rendered untenantable, the Fixed Rent shall abatx xxx such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shah shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to restore the Demised Premises, or (ii) the Building shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (ire orwhether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this Lease and, in the event such notice is given, this Lease and the Demised Term shall come to an end and expire (whether or not said term shall have commenced) upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such date or as of any earlier date upon which the Fixed Rent shall have abated as hereinabove provided in this Section and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant.