Common use of Partial Destruction Clause in Contracts

Partial Destruction. If this Lease is not terminated under Section 7.01, Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenantable will be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding within one hundred fifty days from the date of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If this Lease is not terminated under Section 7.01In the event the Leased Premises are partially damaged or destroyed but, Lessor shall at its sole risk in Lessor’s reasonable determination, can still be used for the purposes and expense proceed with reasonable diligence to rebuild or repair in the Building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused manner intended by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor in the difference between the actual cost event of rebuilding or repairing total destruction of the Leased Premises and neither Lessor nor Lessee has elected to terminate this Lease, then all insurance proceeds payable in connection with such damage or destruction shall be paid to Lessee and used by Lessee to repair and restore the Leased Premises in accordance with this section. In this event, the Lease shall continue in full force and effect. Lessee shall prepare or have prepared plans, specifications, and working drawings that will be necessary for repair and restoration of the Leased Premises. The plans, specifications, and working drawings must be approved by Lessor (and by the Mortgagee, if applicable), which approval shall not be unreasonably withheld and must be given or refused within ten (10) business days after receipt thereof by Lessor (and Mortgagee, if applicable). If Lessor or the Mortgagee disapproves the plans, specifications, or working drawings, Lessor or Mortgagee shall notify Lessee of its objections and Lessee may either satisfy the objections, mediate any such matters, or terminate the Lease by written notice to the Lessor. In the event of such termination, all of the insurance proceeds payable in connection with such damage or destruction shall be paid to Lessor (except for proceeds from insurance attributable to Lessee’s Property). If Lessor (and Mortgagee, if applicable) approves the plans, specifications and working drawings, Lessee shall restore the Leased Premises substantially in accordance with the approved plans, specifications, and working drawings. Construction shall commence as soon as reasonably possible after the necessary governmental approvals have been obtained and shall be diligently pursued to completion. Lessee shall retain a contractor that is experienced in the type of construction required. In the event that insurance proceeds received by Lessor. If Lessee for the damage or destruction of the Leased Premises are insufficient to be rebuilt cover all costs of repair or repaired and are untenantable in whole or in part following the damage, either because restoration of the damage or the rebuilding or repairingLeased Premises, Lessee shall either (i) pay any and the damage or destruction was not caused or substantially contributed to by any act or negligence all costs and expenses for repair and restoration of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenantable will be adjusted to in accordance with the approved plans, specifications and working drawings, in excess of such an extent as insurance proceeds, (ii) modify the plans, specifications and working drawings such that all repairs and restoration of the Leased Premises may be fair and reasonable under completed for an amount equal to or less than the circumstances. If Lessor fails to complete the necessary repairs insurance proceeds received by Lessee hereunder, or rebuilding within one hundred fifty days from the date of the destruction, Lessee may at its option (iii) terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four unless Lessor, in its sole discretion, elects to: (24a) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of by written notice to Lessee; or (b) pay such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth hereinexcess.

Partial Destruction. If the Leased Premises should be partially damaged by fire or other casualty, and rebuilding or repairs, in Landlord’s estimation, can be completed within one hundred eighty (180) days from the date of written notification by Tenant to Landlord of the destruction, this Lease is shall not terminated under Section 7.01terminate, Lessor shall at its sole risk and expense Landlord shall, to the extent of insurance proceeds received, then proceed with reasonable diligence to rebuild or and repair the Building or other improvements to substantially the same condition in which they existed prior to the damage. Landlord shall not be required, providedhowever, Lessor has no obligation to rebuild, repair or rebuild Lessee's furniturereplace any part of the partitions, fixtures fixtures, additions and other improvements which may have been placed in, on or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing about the Leased Premises and any insurance proceeds received by LessorTenant or on behalf of Tenant as a part of Tenant finish out. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent Base Rent payable under this Lease during the period for which the Leased Premises are untenantable will shall be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor In the event that Landlord fails to complete the necessary repairs or rebuilding within one hundred fifty eighty (180) days from the date of written notification by Tenant to Landlord of the destruction, Lessee Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under this Lease cease to existshall cease. If any damage or destruction occurs Notwithstanding anything herein to the Leased Premises during contrary, if the last twenty-four (24) months holder of any indebtedness secured by a mortgage or deed of trust covering the Lease termBuilding and/or the Property requires that the insurance proceeds be applied to such indebtedness, Lessor may elect then Landlord shall have the right to terminate this Lease as by delivering written notice of the date Lessee notifies Lessor of termination to Tenant within fifteen (15) days after such damage. Lessor requirement is made, and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property all rights and agree that their respective rights in the event of damage or destruction are those specifically set forth hereinobligations under this Lease shall then cease.

Partial Destruction. If the Leased Premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed in Landlord’s reasonable opinion within one hundred eighty (180) working days from the date of written notification by Tenant to Landlord of the destruction, this Lease is shall not terminated under Section 7.01terminate, Lessor and Landlord shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building Leased Premises (and any Common Elements (defined in the Condominium Declaration) necessary for their operation) or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, Tenant or its agents, employees, invitees invitees, or those for whom Lessee Tenant is responsible, the rent Rent payable under this Lease during the period for which the Leased Premises are untenantable will shall be adjusted or abated to such an extent as may be fair and reasonable under the circumstances. If Lessor In the event that Landlord fails to substantially complete the necessary repairs or rebuilding within one two hundred fifty forty (240) working days from the date of written notification by Tenant to Landlord of the destruction, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord before such time as Landlord has substantially completed the repairs or rebuilding, whereupon all rights and obligations under this Lease shall cease to exist. If Notwithstanding anything set forth herein to the contrary, Landlord’s duty or obligation to repair or rebuild the Leased Premises shall be limited to the extent, and only to the extent, of the insurance proceeds Landlord actually receives, in connection with any such damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of after deducting Landlord’s reasonable costs and expenses in obtaining such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth hereininsurance proceeds.

Partial Destruction. If this Lease is not terminated under Section 7.01, Lessor shall shall, at its sole risk and expense expense, proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's ’s furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenantable will be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding within a reasonable time following Lessor’s receipt of notice of such casualty (not to exceed one hundred fifty (150) days from the date of written notification by Lessee to Lessor of the destruction), Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease termterm of this Lease, Lessor or Lessee may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If this Lease is not terminated under Section 7.01, Lessor shall shall, at its sole risk and expense expense, proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's ’s furniture, fixtures or personal property. If Subject to Section 7.4, if the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenantable will be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding within one hundred fifty eighty (180) days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or or, destruction occurs to the Leased Premises during the last twenty-four (24) months of the term of this Lease termthat would otherwise give Lessor the right to terminate this Lease, Lessor or Lessee may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If following damage or destruction to the Leased Premises or Building by fire or other casualty, this Lease Agreement is not terminated under pursuant to Section 7.017.1 hereof, Lessor Landlord shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building or Building, Leased Premises and other improvements to substantially the same condition conditions in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission Tenant’s use of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If or the conduct of its business is impaired due to the damage, whether or not the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsiblethemselves damaged, the rent payable under this Lease during the period for of impairment shall be equitably reduced based on the degree to which Tenant’s use and enjoyment of the Leased Premises are untenantable will impaired. Landlord’s obligation to rebuild or restore under this Section shall be adjusted limited to such an extent as may be fair restoring the Leased Premises and reasonable Building to substantially the condition in which the same existed prior to the casualty, exclusive of improvements for which Tenant is responsible under the circumstancesterms of this Lease, and Tenant shall, promptly after the completion of such work by Landlord, proceed with reasonable diligence and at Tenant’s sole cost and expense to restore those improvements for which Tenant is responsible under the Lease to substantially the condition in which the same existed prior to the casualty and to otherwise make the Leased Premises suitable for Tenant’s use. If Lessor this Lease is not terminated pursuant to Section 7.1 above, and if Landlord fails to substantially complete the necessary repairs or rebuilding within one hundred fifty ninety (90) days from the date of Landlord’s receipt of written notification by Tenant of the destruction, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth hereinshall cease.

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within one hundred twenty days from the date of written notification by Lessee to Lessor of the destruction, this Lease is shall not terminated under Section 7.01terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has shall have no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises leased premises and any insurance proceeds received by Lessor. If the Leased Premises leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises leased premises are untenantable will shall be adjusted to such an extent as may be fair and reasonable under the circumstances. If In the event that Lessor fails to complete the necessary repairs or rebuilding within one hundred fifty twenty days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease shall cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If A. In the event that the leased premises or the Building shall be damaged substantially or destroyed by such fire or other casualty during the term of this Lease, or of any renewal term, then Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant, in writing, of such termination within THIRTY (30) days after the date of such damages, in which case this Lease and the term and estate hereby granted shall expire as of the date specified in such notice (which date shall not be fewer than THIRTY (30) days after the giving of such notice), as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this Lease, and the rent and all other sums payable by Tenant under this Lease shall be apportioned to the date of such termination. Tenant shall be entitled to terminate this Lease if the damages render the Premises untenantable and if Landlord is not terminated under Section 7.01, Lessor unable to substantially complete the repairs that are required to be made by Landlord within sixty (60) days of receipt of notice. Nothing herein contained shall at relieve Tenant from any liability to Landlord or to its sole risk and expense proceed insurer in connection with reasonable diligence any damage to rebuild the leased premises or repair to the Building by fire or other improvements to substantially casualty if Tenant shall have been the same condition in which they existed prior cause of such damage B. Anything contained herein to the damagecontrary notwithstanding, it is specifically understood and agreed that Landlord’s obligation to repair and rebuild pursuant to the foregoing shall be limited to a basic building and the replacement of any interior work which may have originally been installed at Landlord’s cost. Except as herein provided, Lessor has there shall be no obligation to repair or rebuild Lessee's furniture, fixtures in the case of fire or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenantable will be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding within one hundred fifty days from the date of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the other casualty. C. The provisions of this paragraph shall be considered an express agreement governing any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event case of damage or destruction are those specifically set forth herein.of the premises by fire or other casualty,

Partial Destruction. If the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety days from the date of written notification by Lessee to Lessor of the destruction, this Lease is shall not terminated under Section 7.01terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building building or other improvements to substantially the same condition in which they existed prior to the damage, provided, damage provided Lessor has shall have no obligation to repair or rebuild Lessee's ’s furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If Lessor if the Leased Premises leased premises are to be rebuilt rebuild or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises leased premises are untenantable will shall be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding within one hundred fifty days from the date of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises leased premises during the last twenty-four (24) months of the Lease termTerm, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If following damage or destruction to the ------------------- Premises by fire or other casualty, this Lease is not terminated under pursuant to Section 7.017.1 hereof, Lessor this Lease shall at its sole risk not terminate, and expense proceed Landlord shall proceed, to the extent of insurance proceeds actually received by Landlord after the exercise by any mortgage of the Property of an option to apply proceeds against Landlord's debt to such mortgagee, with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same condition conditions in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent Base Rent payable under this Lease during the period for which the Leased Premises are untenantable will shall be adjusted reduced to an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the portion of the Premises not rendered untenantable bears to the total net rentable area of the Premises prior to the casualty. Landlord's obligation to rebuild or restore under this Section shall be limited to restoring the Premises to substantially the condition in which the same existed prior to the casualty, exclusive of improvements for which Tenant is responsible under Section 6.1 and EXHIBIT F, and Tenant shall, promptly after the completion of such an extent as may be fair work by Landlord, proceed with reasonable diligence and reasonable under at Tenant's sole cost and expense to restore those improvements for which Tenant is responsible to substantially the circumstancescondition in which the same existed prior to the casualty and to otherwise make the Premises suitable for Tenant's use. If Lessor Landlord fails to substantially complete the necessary repairs or rebuilding within one hundred fifty and eighty (180) working days from the date of Landlord's receipt of written notification by Tenant of the destruction, Lessee Tenant may at its own option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under this Lease shall cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If the Leased Premises are partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within one hundred eighty (180) days from the date of written notification by Lessee to Lessor of the destruction, this Lease is will not terminated under Section 7.01terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenantable will be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding within one hundred fifty days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. (a) If the building and/or other improvements comprising a part of the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease is shall not terminated under Section 7.01terminate, and Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building building or other improvements to substantially the same condition in which they existed prior to the damage. However, provided, Lessor has no Lessor's duty or obligation to repair or rebuild Lesseethe leased premises shall be limited to the extent, and only to the extent, that Lessor actually receives insurance proceeds in connection with any such damage or destruction after payment of all of Lessor's furniturereasonable costs and expenses in obtaining such insurance proceeds. (b) Notwithstanding the preceding subsection, fixtures in the event that Lessor fails to substantially complete the necessary repairs or personal property. rebuilding within one hundred twenty (120) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor before such time as Lessor has substantially completed the repairs or rebuilding, whereupon all rights and obligations under this Lease shall cease to exist. (c) If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees invitees, or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises leased premises are untenantable will shall be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding within one hundred fifty days from the date of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If this Lease the premises are only partially destroyed, for any reason whatsoever, it is not terminated under Section 7.01agreed that: - if the Lessee should suffer serious difficulties in its business and the repair, Lessor shall at its sole risk and expense proceed with reasonable diligence to rebuild restoration, reconstruction or repair replacement work of the Building damaged, deteriorated or other improvements to substantially the same condition in which they existed prior destroyed sections should last more than two years according to the damageLessor’s architect, providedthe Lessee and the Lessor may terminate this lease simply through sending a registered letter with acknowledgement of receipt, Lessor has no obligation to repair or rebuild Lessee's furniturewithout compensation, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage for one or the rebuilding or repairingother, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent payable under this Lease during the period for which the Leased Premises are untenantable will be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs or rebuilding all within one hundred fifty 30 days from the date letter of notification from the Lessor’s architect. - If, conversely, the partial destruction of the premises would not lead to serious difficulties in the Lessee’s business and if the duration of the repair, restoration, reconstruction or replacement work should be less than two years according to the Lessor’s architect, as in the case where neither the Lessee nor the Lessor would request the termination of this lease by virtue of the clause above, the Lessor shall undertake the repair, restoration, reconstruction or replacement work of the damaged, deteriorated or destroyed sections by alone retaining the right for compensation for these repairs, restorations or replacement, both from its Insurance Company and, if applicable, the Lessee’s Insurance Company. Due to the loss of enjoyment resulting from the partial destruction of the premises and the above-mentioned works, the Lessee will have the right to reduced rent calculated in relation to the duration of the loss of enjoyment and the proportion of this loss in relation to the Rented Premises. The above-mentioned reduction in rent will be calculated according to the chosen expert by mutual agreement between the parties or, failing that, appointed by the President of the Court of First Instance who shall decide in summary proceedings. In this case, the Lessee already waives any recourse towards the Lessor, regarding both the loss of enjoyment as well as the possible reduction in rent, fixed as set out above. In the different cases above, the Lessor will retains its rights, if any, against the Lessee if the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessorwhether total or partial, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs can be attributed to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth hereinLessee.

Partial Destruction. If the Leased Premises or any other portion of the Project, the loss of which would have a material adverse effect on Tenant's use and enjoyment of the Leased Premises, should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within one hundred eighty (180) working days from the date of written notification by Tenant to Landlord of the destruction, this Lease is shall not terminated under Section 7.01terminate, Lessor and Landlord shall at its sole risk and expense proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the -15- Tenant Initials /s/ SEO ------- Landlord Initials /s/ AN ------- Leased Premises and/or any other portion of the Project that is material to Tenant's use and any insurance proceeds received by Lessor. If enjoyment of the Leased Premises are to be rebuilt or repaired and are untenantable unfit for use by Tenant for the operation of Tenant's business in whole or in part following the damage, either because of the damage or the rebuilding or repairingRent (including Base Rental, Additional Rent and the damage or destruction was not caused or substantially contributed all other sums payable by Tenant to by any act or negligence of Lessee, its agents, employees, invitees or those for whom Lessee is responsible, the rent Landlord pursuant to this Lease) payable under this Lease during the period for which the Leased Premises are untenantable will shall be adjusted to such an extent as may be fair and reasonable under the circumstances. If Lessor In the event that Landlord fails to complete the necessary repairs or rebuilding within one hundred fifty eighty (180) working days from the date of written notification by Tenant to Landlord of the destruction, Lessee Tenant may at its option terminate this Lease by delivering written notice of termination to LessorLandlord, whereupon all rights and obligations under this Lease shall cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth herein.

Partial Destruction. If following damage or destruction to the Leased Premises by fire or other casualty, this Lease is not terminated under pursuant to Section 7.017.1 hereof, Lessor Landlord shall at its sole risk and expense proceed proceed, to the extent of insurance proceeds actually received by Landlord after the exercise by any mortgagee of the Property of an option to apply proceeds against Landlord's debt to such mortgagee, with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same condition conditions in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of LesseeTenant, its agents, employees, invitees or those for whom Lessee Tenant is responsible, the rent Base Rent payable under this Lease during the period for which the Leased Premises are arc wholly or partially untenantable will shall be adjusted reduced in an equitable manner. Landlord's obligation to such an extent as may be fair and reasonable under the circumstances. If Lessor fails to complete the necessary repairs rebuild or rebuilding within one hundred fifty days from the date of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations restore under this Lease cease Section shall be limited to exist. If any damage or destruction occurs to restoring the Leased Premises during to substantially the last twenty-four (24) months condition in which the same existed prior to the casualty, exclusive of improvements for which Tenant is responsible under the terms of the Lease termLeasehold Improvements Agreement, Lessor may elect to terminate this Lease as of if any, described above in Section 6.1, and Tenant shall, promptly after the date Lessee notifies Lessor completion of such damage. Lessor work by Landlord, proceed with reasonable diligence and Lessee hereby waive at Tenant's sole cost and expense to restore those improvements for which Tenant is responsible under the provisions terms of any law from time such Leasehold Improvements Agreement to time substantially the condition in effect during which the Term relating same existed prior to the effect upon leases of partial or total destruction of casualty and to otherwise make the Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth hereinPremises suitable for Tenant's use.

Partial Destruction. If this Lease In the event any portion of the Building is not terminated under Section 7.01damaged by fire or other casualty, Lessor Tenant shall at its sole risk and expense provide Landlord written notice of the same as soon as practicable thereafter. Following damage or destruction to the Building by fire or other casualty, Landlord shall proceed with reasonable diligence to rebuild or repair the Building or and other improvements to substantially the same condition conditions in which they existed prior to the damage, provided, Lessor has no obligation such damage or destruction only if insurance proceeds are available to repair or rebuild Lessee's furniture, fixtures or personal propertyLandlord to effect such rebuilding and repair. If the destruction was caused by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor the difference between the actual cost of rebuilding or repairing the Leased Premises and any insurance proceeds received by Lessor. If the Leased Premises are Building is to be rebuilt or repaired and are untenantable in whole or in part following the damage, either because of the damage or the rebuilding or repairing, and the damage or destruction was not caused or substantially contributed to by any act or negligence of LesseeTenant, its agents, employees, invitees or those others for whom Lessee Tenant is responsible, then the rent Rent and any Additional Rent payable under this Lease during the period for which the Leased Premises are Building is untenantable will shall be adjusted abated. Landlord’s obligation to such an extent as may rebuild or restore under this paragraph shall be fair and reasonable under limited to restoring the circumstancesBuilding to substantially the condition in which the same existed prior to the casualty. If Lessor fails Landlord has failed to substantially complete the necessary repairs rebuilding or rebuilding restoration required by this paragraph within one two hundred fifty ten (210) days from the date of Landlord’s receipt of written notification by Tenant of the destructionapplicable damage or destruction at issue or, Lessee in Tenant’s reasonable opinion, Landlord intentionally delays the beginning of the rebuilding or restoration, Tenant may at its option (i) complete the rebuilding or restoration on its own and charge Landlord for all commercially reasonable and necessary costs incurred; provided, however, Tenant provides Landlord with reasonably detailed documentation of such costs, or (ii) if it is determined that insurance proceeds available to Tenant to effect such rebuilding and restoration are not sufficient to restore the Building to substantially the condition in which the same existed prior to the casualty, to terminate this Lease by delivering written notice of such termination to LessorLandlord, whereupon all rights and obligations under in which case the Rent, Additional Rent or any other payment required to be made by Tenant pursuant to this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four (24) months of the Lease term, Lessor may elect to terminate this Lease shall be abated effective as of the date Lessee notifies Lessor of such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth hereintermination.

Partial Destruction. If this Lease is not terminated under Section 7.01In the event the Leased Premises are partially damaged or destroyed but, Lessor shall at its sole risk in Lessor’s reasonable determination, can still be used for the purposes and expense proceed with reasonable diligence to rebuild or repair in the Building or other improvements to substantially the same condition in which they existed prior to the damage, provided, Lessor has no obligation to repair or rebuild Lessee's furniture, fixtures or personal property. If the destruction was caused manner intended by an act or omission of Lessee, its employees, agents, or invitees, Lessee shall pay Lessor in the difference between the actual cost event of rebuilding or repairing total destruction of the Leased Premises and neither Lessor nor Lessee has elected to terminate this Lease, then all insurance proceeds payable in connection with such damage or destruction shall be paid to Lessee and used by Lessee to repair and restore the Leased Premises in accordance with this section. In this event, the Lease shall continue in full force and effect, provided that rent shall be abated with respect to all or any portion of the Leased Premises that is rendered untenantable from the date of such damage or destruction until the Leased Premises are fully restored. Lessee shall prepare or have prepared plans, specifications, and working drawings that will be necessary for repair and restoration of the Leased Premises. The plans, specifications, and working drawings must be approved by Lessor (and by the Mortgagee, if applicable), which approval shall not be unreasonably withheld and must be given or refused within ten (10) business days after receipt thereof by Lessor (and Mortgagee, if applicable). If Lessor or the Mortgagee disapproves the plans, specifications, or working drawings, Lessor or Mortgagee shall notify Lessee of its objections and Lessee may either satisfy the objections, mediate any such matters, or terminate the Lease by written notice to the Lessor. In the event of such termination, all of the insurance proceeds payable in connection with such damage or destruction shall be paid to Lessor (except for proceeds from insurance attributable to Lessee’s Property). If Lessor (and Mortgagee, if applicable) approves the plans, specifications and working drawings, Lessee shall restore the Leased Premises substantially in accordance with the approved plans, specifications, and working drawings. Construction shall commence as soon as reasonably possible after the necessary governmental approvals have been obtained and shall be diligently pursued to completion. Lessee shall retain a contractor that is experienced in the type of construction required. In the event that insurance proceeds received by Lessor. If Lessee for the damage or destruction of the Leased Premises are insufficient to be rebuilt cover all costs of repair or repaired and are untenantable in whole or in part following the damage, either because restoration of the damage or the rebuilding or repairingLeased Premises, and the damage or destruction was not caused or substantially contributed to by any act or negligence of Lessee, in its agentssole discretion, employees, invitees or those shall either (i) pay any and all costs and expenses for whom Lessee is responsible, the rent payable under this Lease during the period for which repair and restoration of the Leased Premises are untenantable will be adjusted to in accordance with the approved plans, specifications and working drawings, in excess of such an extent as insurance proceeds, (ii) modify the plans, specifications and working drawings such that all repairs and restoration of the Leased Premises may be fair and reasonable under completed for an amount equal to or less than the circumstances. If Lessor fails to complete the necessary repairs insurance proceeds received by Lessee hereunder, or rebuilding within one hundred fifty days from the date of the destruction, Lessee may at its option (iii) terminate this Lease by delivering written notice of termination to Lessor, whereupon all rights and obligations under this Lease cease to exist. If any damage or destruction occurs to the Leased Premises during the last twenty-four unless Lessor, in its sole discretion, elects to: (24a) months of the Lease term, Lessor may elect to terminate this Lease as of the date Lessee notifies Lessor of by written notice to Lessee; or (b) pay such damage. Lessor and Lessee hereby waive the provisions of any law from time to time in effect during the Term relating to the effect upon leases of partial or total destruction of Leased property and agree that their respective rights in the event of damage or destruction are those specifically set forth hereinexcess.