Common use of Repair of Damage to Premises by Landlord Clause in Contracts

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 1, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to the improvements which exist in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier (including by taking into account any deductible or self-insured retention), as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Tenant shall in addition cooperate with requests for information regarding any repairs from Landlord’s insurer(s) by providing the requested information within ten (10) days after Tenant receives the request. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under items (ii) and (iii) of Section 10.4 of this Lease which pertain to work to be performed by Landlord, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements, Alterations and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements, Alterations and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the excess cost of such repairs shall be paid by Tenant to Landlord. Prior to the commencement of construction, Tenant Landlord shall submit to LandlordTenant, for Landlord's Tenant’s review and approval, all plans, specifications and working drawings relating theretoto the repair of such damage and the restoration of such Tenant Improvements, Alterations and Original Improvements to their original condition, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease Lease, and not occupied by Tenant as a result thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is unable to use, and does not use, bears to the total rentable square feet area of the Premises; provided, provided however, in the event that if the Premises are so damaged that it Tenant is unable to use, and does not reasonably practicable for Tenant to continue its business operations from any use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Rent shall also be fully abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such timeperiod, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. If the damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees or contractors, then Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand), up to Fifty Thousand Dollars ($50,000.00), and such deductible amount shall not be included in Operating Expenses.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building or Real Property serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell, and core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building base, shell, and core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Real Property, or Project the lessor of a ground or underlying lease with respect to the Real Property and/or the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the tenant improvements which exist and alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements tenant improvements and alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; , provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied by result of the negligence or willful misconduct of Tenant as or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Base Rent and Tenant's Share of Operating Expenses, then Tax Expenses and Utilities Costs during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. To the extent that Xxxxxxxx does not have knowledge of the same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If this Lease does not terminate pursuant to Section 14.2 of this Lease or for any other reason, if the Premises Premises, Building Structure, Building Systems, or any Common Areas portion of the Land serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment (not to exceed sixty (60) days with respect to such adjustment) or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 114, restore the Base Building and such Common AreasLand. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas Land prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or reasonably required by the holder of a mortgage on the Building or Project any Mortgagee or any other modifications to the Common Areas Base Building and/or the Land deemed desirable by Landlord. If this Lease does not terminate pursuant to Section 14.2 of this Lease or for any other reason, which are consistent with the character Tenant shall, at its sole cost and expense (regardless of the Projectavailability or sufficiency of insurance proceeds), provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to the improvements which exist any Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return the Premises to substantially their pre-existing condition, subject to such Original Improvements Alterations as Tenant desires to their original conditionmake in accordance with the terms and provisions of this Lease. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and which Landlord approval shall not be unreasonably withheld unless a Design Problem exists. Landlord shall select have the right to reasonably approve the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas Land necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount an abatement of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesRent, provided that if Xxxxxx’s right to Rent abatement pursuant to the terms of this Article 14 shall terminate as of the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable (including a reasonable period for Tenant to continue its business operations from any re-installation of Tenant’s furniture, fixtures and equipment and moving back into the damage portion of the Premises) assuming Tenant used reasonable due diligence in connection therewith (provided that in no event shall such Rent re-commence until such time as Landlord has restored the Base Building to a commercially reasonable condition and Landlord has obtained whatever occupancy permits that are required to allow Tenant to perform work necessary to allow Tenant to conduct business operations from its Premises (assuming that Tenant has received a certificate of occupancy, then the Rent temporary certificate of occupancy, or its legal equivalent, for its Premises, which shall be fully abated during such timeremain Tenant’s obligation)).

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell and core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building base, shell and core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance carried under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the tenant improvements which exist installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements tenant improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises; provided, provided that if however, the Premises are so damaged that it foregoing abatement shall not apply to the extent such damage is not reasonably practicable for Tenant to continue its business operations from any portion the result of the Premiseswillful misconduct of Tenant or Tenant's employees, then the Rent shall be fully abated during such timecontractors, licensees, or invitees.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required to be carried under items (ii) and (iii) of Section 10.3 of this Lease with respect to the Improvements and any Alterations, and Landlord shall repair any injury or damage to the improvements which exist Improvements and such Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements and such Alterations to their original condition; provided that if the cost of repair to the Improvements and such Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements installed in the Premises and shall return such Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the willful misconduct of Tenant as or Tenant’s employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent which proportionality shall be abated in proportion to based on the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly ---------------------------------------- notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Base Building or the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall Tenant shall, at Tenant's sole cost and expense, repair any injury or damage to the improvements Premises which exist in the Premises as is not part of the Lease Commencement Date (the "Original Improvements") Base Building, in accordance with Article 8, above, and shall return such Original Improvements the Premises to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereofof the Base Building or the Common Areas; provided provided, however, that if such fire or other casualty shall have damaged the Premises Base Building or Common Areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied by result of the negligence or wilful misconduct of Tenant as or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears as the sole result of the damage to the total rentable square feet of Base Building or the PremisesCommon Areas, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a “Casualty”), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) the portion of the insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and Section 10.3.2(iii) of this Lease with respect to the Improvements and Original Improvements, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within a reasonable time not less than sixty (60) days following the date the Casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building, the structural portion of the Rooftop Deck, or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a “Casualty”), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Building, the structural portion of the Rooftop Deck, and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Building, the structural portion of the Rooftop Deck, and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Sections 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements, Alterations and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements, Alterations and the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and reasonable approval, all plans, specifications and working drawings relating thereto, and Landlord shall reasonably select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancyoccupancy or inaccessible, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. To the extent Landlord does not already have actual knowledge of such damage, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty (“Casualty”). If the Premises or Building (including the Premises) and/or any Common Areas (including parking facilities) serving or providing access to the Premises shall be damaged by fire or other casualtyCasualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and (including the Premises) and/or such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Projectlaws, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Within sixty (60) days after the occurrence of any Casualty, Landlord shall deliver to Tenant an estimate (the “Casualty Estimate”), prepared by a qualified, independent, experienced and reputable architect and/or general contractor and addressed to Tenant, of the number of days (assuming no Force Majeure delay), measured from the date of the Casualty, that will be required for Landlord to substantially complete the repair and restoration of the Building (including the Premises) and the Common Areas (when such repairs are made without the payment of overtime or other premiums). Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business during any such repairs. If this Lease does not terminate pursuant to Section 11.2 below or for any other reason, and Landlord complies with its obligations set forth in this Article 11, Tenant shall, at its sole cost, subject to reasonable delays for insurance adjustment or other matters beyond Tenant’s reasonable control, repair any injury or damage to the improvements which exist Tenant Improvements (and any subsequent Alterations) installed in the Premises as of the Lease Commencement Date by Tenant (the "Original Improvements") and shall return such Original Improvements to their original condition“Tenant’s Restoration Work”). Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating theretothereto (other than Exempt Alterations which shall not be subject to Landlord’s approval) which Landlord approval shall not be unreasonably withheld, and Landlord shall select the contractors to perform such improvement workconditioned or delayed. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Building, Premises or Common Areas (including parking facilities) necessary to Tenant's ’s use and occupancy, and the Premises are not occupied by Tenant as a result thereofthereof (other than for the purpose of performing Tenant’s Restoration Work), then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. Notwithstanding any contrary provision of this Article 11, provided the parties hereby agree as follows: (i) the closure of the Project, the Building, the Common Areas, or any part thereof to protect public health shall not constitute a Casualty for purposes of this Lease, (ii) Casualty covered by this Article 11 shall require that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion physical or structural integrity of the Premises, then the Rent Project, the Building, or the Common Areas is degraded as a direct result of such occurrence, and (iii) a Casualty under this Article 11 shall not be fully abated during such timedeemed to occur merely because Tenant is unable to productively use the Premises in the event that the physical and structural integrity of the Premises is undamaged.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Base Building or the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall Tenant shall, at Tenant's sole cost and expense, repair any injury or damage to the improvements Premises which exist in the Premises as is not part of the Lease Commencement Date (the "Original Improvements") Base Building, in accordance with Article 8, above, and shall return such Original Improvements the Premises to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereofof the Base Building or the Common Areas; provided provided, however, that if such fire or other casualty shall have damaged the Premises Base Building or Common Areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied result of the negligence or wilful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears as the sole result of the damage to the total rentable square feet of Base Building or the PremisesCommon Areas, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify give reasonably prompt notice to Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Premises (other than the Tenant Improvements), Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Premises (other than the Tenant Improvements), Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition (any such work will be competitively bid by Landlord to ensure that Landlord receives commercially reasonable pricing for the performance of such work so that, to the extent reasonably possible, the cost of such work does not unnecessarily exceed the proceeds of Tenant’s insurance); provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, to the extent sufficient insurance proceeds are available to Tenant, repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Tenant Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty (“Casualty”). If the Premises or (a) Premises, (b) any Common Areas serving or providing access to the Premises, or (c) Building Systems servicing the Premises shall be damaged by fire Casualty, and Landlord or other casualtyTenant does not elect to terminate this Lease in accordance with the terms below, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111 and all applicable Laws, restore the damaged portions of the Base Building and Building, such Common AreasAreas and/or such Building Systems. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws Laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any Casualty to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease that relate to tenant improvements that were constructed within the Premises on the Commencement Date and any Alterations (excluding any proceeds allocable to Tenant’s furniture, fixtures, equipment and other personal property in the Premises), and Landlord shall also repair any injury or damage to such tenant improvements and Alterations, provided that if the improvements which exist in cost of such repair by Landlord exceeds the Premises amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the Lease Commencement Date damage. In the event that Landlord does not deliver the Landlord Repair Notice within thirty (30) days following the "Original Improvements") date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to such Alterations and shall return such Original Improvements Alterations to their original condition. Prior In such case, Tenant may use its insurance proceeds for such purpose. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any applicable insurance deductible (which shall in no event exceed the applicable deductible amounts then being maintained by prudent property owners of comparable properties in the area in which the Property is located, and which shall be payable to Landlord upon demand) and there shall be no rent abatement. Notwithstanding any other provision of this Lease, Tenant shall have no obligation to repair or restore the Alterations damaged that it is not reasonably practicable or destroyed by a Casualty, or pay or reimburse Landlord for Tenant to continue its business operations from their repair or restoration, if the Casualty occurs at any portion time during the last twenty four (24) months of the Premises, then the Rent shall be fully abated during such timeLease Term.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. The “Base Building” shall consist of the structural portions of the Building, and the public restrooms and the systems and equipment located in the internal core of the Building on the or floors on which the Premises are located. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant with respect to Alterations installed by or on behalf of Tenant in the Premises (other than the Landlord’s Work) under Tenant’s insurance required under Article 10 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements the Premises to their original condition. Prior ; provided that if the cost to repair the Alterations installed by or on behalf of Tenant in the Premises (other than the Landlord’s Work) exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the amount of such excess cost shall be paid by Tenant to Landlord prior to Landlord’s commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged that it damage or destruction is not reasonably practicable for due to the negligence or willful misconduct of Tenant to continue or any of its business operations from any portion of the Premisesagents, then the Rent employees, contractors, invitees or guests, Tenant shall be fully abated during such timeresponsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand), notwithstanding Section 10.5 to the contrary.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Tenant Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 1Section 8, restore the Base Building and such Common AreasPremises. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas Premises prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage or deed of trust on the Building Premises, or Project the lessor of a ground or underlying lease with respect to the Premises, or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. In connection with such repairs and replacements, Landlord shall repair any injury or damage to the improvements which exist in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements to their original condition. Prior shall, prior to the commencement of construction, submit to Tenant, for Tenant’s review and approval (which Tenant shall submit to Landlordnot unreasonably withhold, for Landlord's review and approvalcondition or delay), all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to the extent that Tenant's occupancy’s occupancy is materially impaired, and if such damage is not the Premises are not occupied by result of the negligence or willful misconduct of Tenant as or Tenant’s employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereof, then proportionate abatement of Base Rent and Operating Expenses during the time and to the extent that the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to Lease, and not occupied by Tenant as a result thereof. In the total rentable square feet event of the Premisesa fire or other casualty, provided that if the Premises are so damaged that it is not reasonably practicable Tenant will have no responsibility for Tenant to continue its business operations from rebuilding and/or restoring any portion of the Premises, then the Rent shall be fully abated during such timecommon areas.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be is damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws applicable Laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that Tenant’s access to and use of the Premises and any common restrooms serving the Premises shall not be materially impaired. If the Premises are damaged and Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided in Section 11.2 below, Landlord shall provide to Tenant as soon as reasonably practicable, but in no event later than forty-five (45) days after the occurrence of such damage, the reasonable estimate of Landlord’s architect or contractor of the estimated time required to complete the requisite repairs (the “Landlord Repair Notice”). If such repairs cannot, according to the Landlord Repair Notice, be completed within two hundred seventy (270) days from the date of such damage or ninety (90) days after the date on which such damage occurs if such damage occurs within the last twelve (12) months of the Lease Term, Tenant may elect to terminate this Lease by written notice to Landlord given within thirty (30) days after Tenant receive the Landlord Repair Notice, with such termination effective as of the date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant. If neither Landlord nor Tenant elect to terminate this Lease pursuant to a termination right provided in this Article 11, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord within thirty (30) days of Landlord’s written request therefor, together with reasonable documentation of such expenses. Prior Except to the commencement of construction, Tenant shall submit extent due to Landlord’s gross negligence or intentional act or omission, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided provided, however, that if such fire or other casualty shall have damaged the Premises or portions of the Common Areas necessary to Tenant's ’s occupancy, Landlord shall allow Tenant a proportionate abatement of Base Rent and the Premises are not occupied by Tenant as a result thereof, then Tenant’s Share of increases in Direct Expenses during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesPermitted Use, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged that it damage or destruction is not reasonably practicable for due to the negligence or willful misconduct of Tenant to continue or any of its business operations from any portion of the Premisesagents, then the Rent employees, contractors, invitees or guests, Tenant shall be fully abated during such timeresponsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty or any condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 11. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty or be subject to a condition existing as a result of a fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell, and core of the Premises and such Common Areas. Such restoration shall be common areas to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building (or Project any portion thereof) or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.5.2(ii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements (to the extent paid for with the Tenant Improvement Allowance) and Alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the negligence or willful misconduct of Tenant as or Tenant’s agents, employees, contractors, licensees or invitees, Landlord shall allow Tenant a result thereof, then proportionate abatement of Base Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from both Landlord’s insurance carrier and Tenant’s insurance carrier, as assigned by Tenant, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, then Tenant shall not assign its insurance proceeds as set forth hereinabove, and Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements installed in the Premises and shall return such Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell, and core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building base, shell, and core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas common areas deemed reasonably desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original conditioncondition prior to the casualty; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord Such submittal of plans and construction of improvements shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied performed by Tenant as a result thereof, then during in substantial compliance with the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount terms of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.Article 8

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workwork (except in the event that Landlord does not deliver Landlord Repair Notice, and Tenant shall perform such repairs, in which case Tenant shall select such contractor, subject to Landlord’s reasonable approval). In the event that Landlord fails to respond to Tenant within ten (10) business days following Tenant’s delivery of such plans, specifications and working drawings to Landlord, Tenant shall have the right to send Landlord a written reminder notice, indicating that Xxxxxxxx has failed to respond to the same (the “Casualty Repair Reminder Notice”) (which Casualty Repair Reminder Notice shall clearly and conspicuously state that Landlord’s failure to respond such Casualty Repair Reminder Notice within five (5) business days following Xxxxxxxx’s receipt of the same will result in a deemed approval of such plans, specifications and working drawings). If Landlord fails to respond to such plans, specifications and working drawings within five (5) business days after receipt of the Casualty Repair Reminder Notice, Landlord will be deemed to have approved such plans, specifications and working drawings. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Xxxxxx’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises or any Building Systems necessary for the use and occupancy of the Premises shall be damaged by fire or other casualty, Landlord will, as soon as reasonably possible following the date of the damage, deliver to Tenant an estimate of the time necessary to repair the damage in question such that the Premises may be used by and accessible to Tenant and the Buildings and Common Areas operable in a manner consistent with the operation prior to such damage; such notice will be based upon the review and opinions of Landlord’s architect and contractor (“Landlord’s Completion Notice”). Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Structure and such Common AreasBuilding Systems. Such restoration shall be to substantially the same condition of the Base Building Structure and the Common Areas Building Systems prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Buildings or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord delivered on or before the date that is ninety (90) days after the date of the damage, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under clauses (ii) and (iii) of Section 10.3.2 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist in Improvements and the Premises as of the Lease Commencement Date (the "Original Improvements") Improvements and shall return such Improvements and Original Improvements to their original condition (any such work will be competitively bid by Landlord to ensure that Landlord receives commercially reasonable pricing for the performance of such work so that, to the extent reasonably possible, the cost of such work does not unnecessarily exceed the proceeds of Tenant’s insurance); provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the portion of the cost of such repairs which is not so covered by Tenant’s insurance proceeds shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within ninety (90) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition, or an alternate condition described by Tenant (but subject to Landlord’s prior written approval). Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating theretothereto (it being acknowledged that the cost to prepare such plans may be paid for out of the applicable insurance proceeds received by Tenant), and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Premises, Common Areas or Building Systems necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand, not to materially exceed the levels of deductibles for such insurance then maintained by owners of Comparable Buildings). In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Sections 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage, or as soon as such additional costs are known. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or wilful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a “Casualty”), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required to be carried under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the willful misconduct of Tenant as or Tenant’s employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears Lease, and not occupied by Tenant as a result thereof. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to rent abatement pursuant to the total rentable square feet preceding sentence shall terminate as of the Premises, provided that if date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Base, Shell and Core and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Base, Shell and Core and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, such excess shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesPermitted Use, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged that it damage or destruction is not reasonably practicable for due to the negligence or willful misconduct of Tenant to continue or any of its business operations from any portion of the Premisesagents, then the Rent employees, contractors, invitees or guests, Tenant shall be fully abated during such timeresponsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement.

Repair of Damage to Premises by Landlord. To the extent that Landlord does not have actual knowledge of the same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Building Structure, Building Systems or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a “Casualty”), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Structure, Building Systems and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Projectlaws, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.4(ii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and the Original Improvements to their original conditioncondition as reasonably modified by Xxxxxx; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. Prior In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating theretothereto (which approval shall not be unreasonably withheld), and Landlord shall select have the right to approve the contractors to that will perform such improvement work. work (which approval shall not be unreasonably withheld), Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that further if so much of the Premises are is damaged so damaged that it Tenant is not reasonably practicable for Tenant to continue objectively prevented from effectively conducting its business operations from any the entire Premises, then Rent shall be abated for the entire Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, Xxxxxx’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which Tenant should have completed repairs to the Premises (including a reasonable period for re-installation of Tenant’s furniture, fixtures and equipment and moving back into the damaged portion of the Premises, then the Rent shall be fully abated during such time) assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall will, as soon as is reasonably possible following the date of the damage, deliver to Tenant a written notice (“Landlord’s Completion Notice”) containing an estimate of the time necessary to repair the damage in question such that the Premises may be used by and accessible to Tenant and the Building and Common Areas operable as a first-class office building. The Landlord’s Completion Notice will be based upon the review and opinions of Landlord’s architect and contractor taking into account that Landlord will perform the work promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, in order to restore the Premises, the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, Landlord shall provide notice (the “Landlord Repair Notice”) to Tenant from Landlord, stating whether Landlord has elected to make repairs to the Premises, and if Landlord has elected to make such repairs, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2 (ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the reasonable cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage, or as soon as such additional costs are known. Prior to the commencement of constructionany construction in the Premises by Tenant, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are extent Tenant is not occupied by reimbursed from the proceeds of business income interruption insurance (or would have been reimbursed had Tenant as a result thereofcarried the insurance required pursuant to Section 10.3 above), then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the gross negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it Landlord shall not deliver the Landlord Repair Notice and the Lease is not reasonably practicable for Tenant terminated pursuant to continue its business operations from any portion this Article 11, Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith and assuming that Landlord has completed the repairs Landlord is required to make pursuant to this Article 11.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises or any Building Systems necessary for the use and occupancy of the Premises shall be damaged by fire or other casualty, Landlord will, as soon as reasonably possible following the date of the damage, deliver to Tenant an estimate of the time necessary to repair the damage in question such that the Premises may be used by and accessible to Tenant and the Building and Common Areas operable in a manner consistent with the operation prior to such damage; such notice will be based upon the review and opinions of Landlord’s architect and contractor (“Landlord’s Completion Notice”). Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Structure and such Common AreasBuilding Systems. Such restoration shall be to substantially the same condition of the Base Building Structure and the Common Areas Building Systems prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord delivered on or before the date that is sixty (60) days after the date of the damage, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under clauses (ii) and (iii) of Section 10.3.2 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist in Improvements and the Premises as of the Lease Commencement Date (the "Original Improvements") Improvements and shall return such Improvements and Original Improvements to their original condition (any such work will be competitively bid by Landlord to ensure that Landlord receives commercially reasonable pricing for the performance of such work so that, to the extent reasonably possible, the cost of such work does not unnecessarily exceed the proceeds of Tenant’s insurance); provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the portion of the cost of such repairs which is not so covered by Tenant’s insurance proceeds shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition, or an alternate condition described by Tenant (but subject to Landlord’s prior written approval). Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating theretothereto (it being acknowledged that the cost to prepare such plans may be paid for out of the applicable insurance proceeds received by Tenant), and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Premises, Common Areas or Building Systems necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand, not to materially exceed the levels of deductibles for such insurance then maintained by owners of Comparable Buildings). In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment (not to exceed ninety (90) days) or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall Upon the occurrence of any damage to the Premises, if this Lease has not terminated, Tenant shall, at its sole cost and expense, repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if . Tenant’s right to rent abatement pursuant to the Premises are so damaged that it preceding sentence shall terminate as of the date which is not reasonably practicable for determined by Landlord to be the date Tenant should have completed repairs to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeand installed its FF&E and personal property, assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall use reasonable efforts to notify Tenant within sixty (60) days after the date of discovery of the damage whether Landlord will restore the Premises and Common Areas and, in Landlord’s reasonable judgment, the time period within which the restoration can be completed. If Landlord elects to restore Premises and Common Areas (as opposed to terminate the Lease if Landlord is eligible to do so pursuant to the terms of Section 11.2 below), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Premises and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Premises and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord impaired and Landlord’s repair shall repair any injury or damage to include the improvements which exist Tenant Improvements and Tenant’s Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workPremises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancyoccupancy for the Permitted Use, and the Premises Premises, or applicable part thereof, are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancyoccupancy for the purposes permitted under this Lease, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease Permitted Use bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. Within ninety (90) days of such casualty Landlord shall give to Tenant a notice estimating the date upon which the Landlord’s repair shall be complete (the “Landlord Repair Notice”). The ninety (90) day notice period in the preceding sentence may be extended by Landlord for an additional thirty (30) days if by the end of the ninety (90) day notice period Landlord has not received the information required to issue the Landlord Repair Notice and so notifies Tenant. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage, provided Tenant has been given satisfactory evidence of their costs. In the event that Landlord does not deliver the Landlord Repair Notice within one hundred twenty (120) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or wilful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Base, Shell and Core and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Base, Shell and Core and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Xxxxxx, such excess shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesPermitted Use, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged that it damage or destruction is not reasonably practicable for due to the negligence or willful misconduct of Tenant to continue or any of its business operations from any portion of the Premisesagents, then the Rent employees, contractors, invitees or guests, Tenant shall be fully abated during such timeresponsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their condition immediately prior to the casualty; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged caused the Premises or Common Areas necessary to Tenant's occupancybe rendered untenantable, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be Areas and the Premises to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, in each instance provided that access to to, and the Premises and any common restrooms serving use of, the Premises shall not be materially impaired. Landlord shall repair Upon the occurrence of any injury or damage to the improvements which exist in the Premises as of the Lease Commencement Date Premises, upon notice (the "Original Improvements"“Landlord Repair Notice”) and shall return such Original Improvements to their original condition. Prior to the commencement of constructionTenant from Landlord, Tenant shall submit assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) of this Lease and Landlord’s obligation to restore any Alterations or Tenant Improvements shall be limited to the extent of such proceeds received by Landlord. To the extent permitted pursuant to Applicable Laws, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesPremises or in its entirety if, provided that if as a result of the Premises are so damaged that it is damage, Tenant cannot reasonably practicable for Tenant to continue conduct its business operations from any portion of the Permanent Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a “Casualty”), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon becoming aware of the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the excess cost of such repairs shall be paid by Tenant to Landlord in accordance with a reasonable progress payment schedule, or, in the event Tenant is not the Original Tenant, then prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Tenant Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises (unless deminimus) resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall use commercially reasonable efforts to promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workwork (subject to Tenant's reasonable approval). Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that Premises (or if so much of the Premises are so damaged that it the remainder of the Premises is not reasonably practicable for Tenant to continue its business operations from any portion usable by Tenant, then all of the Premisesrent shall xxxxx during the repairs). In the event that Landlord shall not deliver the Landlord Repair Notice, then Tenant's right to rent abatement pursuant to the Rent preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be fully abated during such timethe date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord Landlord, in Landlord's reasonable determination, shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises; provided, provided however, in the event that if the Premises are so damaged that it Tenant is prevented from using, and does not reasonably practicable for Tenant to continue its business operations from any use, a portion of the PremisesPremises during such time and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then Rent for the Rent entire Premises shall be fully abated during for such timetime as Tenant continues to be so prevented from effectively conducting its business, and does not conduct its business, in the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a "Casualty"), Landlord shall promptly and diligently, subject to reasonable ./ -/// -32- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease relating to work to be performed by Landlord, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. Prior In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, but provided that Landlord has delivered notice to Tenant that Landlord intends to restore the Base Building and such Common Areas, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition, subject to reasonable delays, if any, for insurance adjustment or other matters beyond Tenant's reasonable control, or due to Landlord's restoration of the Base Building and such Common Areas. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Except in the case where Landlord or its agents are already aware of the same, Tenant shall promptly notify Landlord of any damage to the Premises (unless de minimus) resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall use commercially reasonable efforts to promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workwork (subject to Tenant’s reasonable approval). Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged at least fifty percent (50%) of the Premises or Common Areas necessary to Tenant's occupancy’s occupancy (from an objective, general office tenant perspective) and at least fifty percent (50%) of the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent that the applicable portion of the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy (and is not occupied) for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable controlcontrol (specifically including, without limitation, if Tenant utilizes all or any portion of the Premises for Lab Use, any requirement to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any governmental or quasi-governmental agency having jurisdiction over the use, storage, release or removal of “Hazardous Materials,” as that term is set forth in Section 29.33 of this Lease, below, in, on or about the Premises (collectively, the “Hazardous Materials Clearances”), which Hazardous Materials Clearances shall be obtained by Tenant), and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, and provided that Landlord does not elect to terminate this Lease pursuant to Section 11.2 below, Tenant shall, at its sole cost and expense, repair any injury or damage to the Original Improvements installed in the Premises and shall return the Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select reasonably approve the contractors to perform such improvement work. Landlord shall use commercially reasonable efforts to minimize, to the extent practicable, interference with Tenant’s use of the Premises resulting from repairs performed by Landlord pursuant to this Section 11.1, and Landlord shall use reasonable due diligence in performing the same. Notwithstanding the foregoing, Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy’s occupancy for the purposes permitted under this Lease, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancyuse for the purposes permitted under this Lease and are not used by Tenant for purposes of conducting business as a result thereof, the Base Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy use for the purposes permitted under this Lease Lease, and which is not so used by Tenant, bears to the total rentable square feet of the Premises; provided further, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from however, that, if, as a result of Tenant’s utilization of all or any portion of the PremisesPremises for Lab Use, then the any Hazardous Materials Clearances are required to be obtained by Tenant before such restoration can begin, such abatement of Base Rent shall continue for only so long as Tenant, in Landlord’s reasonable judgment, diligently pursues obtaining such required Hazardous Materials Clearances. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to Base Rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be fully abated during such timethe date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith, subject to extension for Force Majeure (which shall in no event include the casualty event which necessitated the repairs).

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impairedimpaired in a material way. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease which pertain to work to be performed by Landlord in the Premises to the extent Tenant does not perform such restoration work as permitted herein, in which event, Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and Original Improvements to their original condition; provided that if (a) the cost of such repair allocable to the Tenant Improvements and Alterations (including, any modifications thereto) exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage, (b) Landlord shall reasonably cooperate with Tenant should Tenant desire to modify the Tenant Improvements and/or Alterations so long as Tenant pays any incremental increase in the costs thereof in excess of the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier; and (c) Tenant elects to perform the restoration work in the Premises as permitted herein, then Tenant will not be obligated to assign Tenant’s insurance proceeds to Landlord, in which event, Tenant shall pay for any such restoration work (including applying any insurance proceeds received by Tenant in connection therewith) in the Premises. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workwork (provided, however, Original Tenant and/or any Non-Transferee Assignee shall have the right to perform the restoration work with respect to the Tenant Improvements in the Premises, in which case, (x) Landlord’s restoration work shall be limited to the repair of the Base Building originally provided by Landlord prior to Tenant’s construction of the Tenant improvements and (y) Original Tenant or a Non-Transferee Assignee shall have the right to retain a general contractor to repair the Tenant Improvement, subject to Landlord’s reasonable approval and coordination by Landlord of the Base Building work to be performed by Landlord’s contractor and the work to be performed by Tenant’s contractor). Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears Lease, and not occupied by Tenant as a result thereof. Landlord shall have no obligation to carry insurance of any kind on Tenant’s Alterations or upon Tenant’s goods, furniture or furnishings or on Tenant’s property, and Landlord shall not be obligated to repair any damage thereto or to replace the same. Tenant hereby waives the provisions of any California law which is in conflict with the provisions of this Article 11. Notwithstanding anything to the total rentable square feet contrary contained herein, Tenant shall not be required to reimburse Landlord for any insurance deductibles resulting from the occurrence of a casualty if this Lease is terminated as a result of such casualty and such casualty was not due to the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion negligence or willful misconduct of the Premises, then the Rent shall be fully abated during such timeTenant.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building (including the initial Tenant Improvements) and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall Tenant shall, at its sole cost and expense, repair any injury or damage to the improvements which exist any Alterations in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements Alterations to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesPermitted Use, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged that it damage or destruction is not reasonably practicable due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for Tenant any reasonable, applicable insurance deductible (which shall be payable to continue its business operations from any portion Landlord upon demand) and there shall be no rent abatement. Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Base Building or the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall Tenant shall, at Tenant's sole cost and expense, repair any injury or damage to the improvements Premises which exist in the Premises as is not part of the Lease Commencement Date (the "Original Improvements") Base Building, in accordance with Article 8, above, and shall return such Original Improvements the Premises to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereofof the Base Building or the Common Areas; provided provided, however, that if such fire or other casualty shall have damaged the Premises Base Building or Common Areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied result of the negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears as the sole result of the damage to the total rentable square feet of Base Building or the PremisesCommon Areas, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty ("Casualty"). If the Premises or any Common Areas serving or providing access to the Premises or Tenant's Parking Areas shall be damaged by fire Casualty or other casualtya Casualty results in the Premises not being provided with services required to be provided by Landlord pursuant to Article 6 above, and if neither Landlord nor Tenant has elected to terminate this Lease under this Article 11, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Original Improvements, Tenant Improvements, Alterations, Base Building and such Common Areas and Tenant's Parking Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice to Tenant from Landlord, Tenant shall assign to Landlord (or to Landlord's insurer, lender or contractor) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease for restoration of the Original Improvements, Tenant Improvements and/or any Alterations, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to continue its business operations from any portion Landlord prior to Landlord's commencement of repair of the Premises, then the Rent shall be fully abated during such timedamage.

Repair of Damage to Premises by Landlord. Except in instances where the Landlord Parties made Tenant aware of any such damage, Tenant shall promptly notify Landlord of any material damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building, Building Parking Structure and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building, Building Parking Structure and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by laws. Upon the holder occurrence of a mortgage on the Building or Project or any other modifications damage to the Common Areas deemed desirable Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3.2(ii) and (iii) of this Lease, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, and from Landlord's insurance carrier, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work; provided Tenant shall have the right to reasonably approve the contractor and subcontracotrs. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand). In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant's right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then the Rent shall be fully abated during such timedate when rental interruption proceeds are no longer payable.

Repair of Damage to Premises by Landlord. To the extent that Landlord does not have actual knowledge of the same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Premises, Building Structure, Building Systems, or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or reasonably required by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access such modifications will not violate clauses (a) through (e) of Section 1.1.3 above without the prior written consent of Tenant, which may be given or withheld in Tenant's reasonable discretion. In the event this Lease is not terminated pursuant to the Premises this Article 11, Tenant shall, at its sole cost and any common restrooms serving the Premises shall not be materially impaired. Landlord shall expense, repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements substantially to their original condition, except for modifications required by zoning and building codes and Applicable Laws. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approvalapproval (which approval shall not be withheld unless a Design Problem exists), all plans, specifications and working drawings relating thereto, and Landlord Tenant shall select the contractors to perform such improvement work, subject to Landlord's reasonable approval. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if Landlord shall use commercially reasonable efforts to minimize any such inconvenience or annoyance. If any such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises (or the affected portion thereof) are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet RSF of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet RSF of the Premises, provided that if . Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so (and including a reasonable period for the re-installation of Tenant's furniture, fixtures and equipment and moving back into the damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises) assuming Tenant used reasonable due diligence in connection therewith (provided that in no event shall 788288.01/WLA 375755-00007/8-9-18//ejw -24- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, then Inc. such Rent re-commence until such time as Landlord has restored the Rent Base Building and the Common Areas necessary for Tenant’s use of the Premises to a commercially reasonable condition and Landlord has obtained all occupancy permits that are required to allow the legal occupancy of the affected Building and to allow the Tenant to conduct business operations from its Premises (assuming that Tenant has received a certificate of occupancy, temporary certificate of occupancy, or its legal equivalent, for its Premises, which shall remain Tenant’s obligation)); provided that Landlord shall be fully abated during deemed to have restored the Base Building and the Common Areas on the date that Landlord would have completed such timework, but for any delays caused by Tenant or any of Tenant's agents.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any material damage to the Premises resulting from fire or any other casualty. If the Premises Premises, the Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall use commercially reasonable efforts to promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord Upon the occurrence of any damage to the Premises, Tenant shall at Tenant’s sole cost and expense, in accordance with the terms and conditions of Article 8 above, promptly and diligently repair any injury or damage to the Improvements, Alterations and other any other improvements which exist installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements to their original conditionthe condition existing prior to such damage (subject to any required modifications or modifications reasonably approved by Landlord). Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord Tenant shall select the contractors to perform such improvement workwork (subject to Landlord’s reasonable approval). Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that Premises (or if so much of the Premises are so damaged that it the remainder of the Premises is not reasonably practicable for Tenant to continue its business operations from any portion usable by Tenant, then all of the Premises, then rent shall xxxxx during the Rent shall be fully abated during such timerepairs).

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty or any condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 11. If the Premises or any Common Areas common areas of the Building Complex serving or providing access to the Premises shall be damaged by fire or other casualty or be subject to a condition existing as a result of a fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell, and core of the Premises and such Common Areas. Such restoration shall be common areas to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Complex (or Project any portion thereof) or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Article 10 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements and Alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the negligence or willful misconduct of Tenant as or Tenant’s agents, employees, contractors, licensees or invitees, Landlord shall allow Tenant a result thereof, then proportionate abatement of Base Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Building, the Premises (including Tenant Work) and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Building, the Premises (including Tenant Work) and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or Project. Upon the occurrence of any other modifications damage to the Common Areas deemed desirable Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord after Tenant becomes aware of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Buildings or Real Property serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Base, Shell, and Core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building Base, Shell, and Core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project laws, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, Landlord provided that access to the Premises and any common restrooms serving the Premises shall not be materially impairedimpaired thereby. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Sections 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements and Alterations to their original condition; provided that if the cost of such repair by Landlord (based on competitive pricing by all contractors and subcontractors and without any profit xxxx-up or supervision fees to Landlord) exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord on a progress payment basis with the first such payment being due from Tenant after Landlord's commencement of the repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's reasonable review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workwork pursuant to Landlord's standard competitive bidding procedures. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancyoccupancy to such a degree that Tenant is prevented from using, and does not use, all or any part of the Premises are not occupied by Tenant as a result thereof, then Landlord shall allow Tenant a proportionate abatement of Rent during the time and to the extent Tenant is so prevented from using and does not use the Premises are unfit for occupancyas a result thereof, the Rent and such abatement period shall be abated in proportion continue until Tenant has been given sufficient time and sufficient access to the ratio that the amount of rentable square feet Premises to rebuild such portions of the Premises which Tenant is unfit for occupancy for the purposes permitted under this Lease bears required to rebuild, to install its property, furniture, fixtures and equipment to the total rentable square feet extent the same shall have been removed and/or damaged as a result of the Premisessuch damage or destruction, provided that if the Premises are so damaged that it is not reasonably practicable for and to move in over one (1) weekend. Landlord shall use commercially reasonable efforts to minimize any such inconvenience, annoyance or interference to Tenant resulting from Landlord's repair of any damage pursuant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timethis Section 11.1.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to lo reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord. Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such ‘Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury injury) to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided . In the event that if Landlord shall not deliver the Landlord Repair Notice. Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a "Casualty"), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common AreasAreas (provided Landlord shall restore the Improvements to the extent Landlord delivers a “Landlord Repair Notice” as that term is defined below). Such restoration shall be to substantially the same condition of the Base Building and the Common Areas (and Improvements, to the extent applicable) prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under items (ii) and (iii) of Section 10.3.2 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and the Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to continue its business operations from any portion Landlord prior to Landlord's commencement of repair of the Premisesdamage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, then Tenant shall, at its sole cost and expense, repair any injury or damage to the Rent Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition, and in such event, Tenant shall not be fully abated during such time.required to assign Tenant’s insurance proceeds under items (ii) and (iii) of Section 10.3.2

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 1ARTICLE 11, restore the Base Building base, shell, and core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building base, shell, and core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under SECTION 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied by result of the negligence or wilful misconduct of Tenant as or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancyoccupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Tenant to conduct its business operations from such remaining portion and Tenant does not conduct its business operations therefrom, and if such damage is not the result of the negligence or wilful misconduct of Tenant or any of the Tenant Parties, Landlord shall allow Tenant a total abatement of Rent shall be abated in proportion during the time and to the ratio that the amount of rentable square feet of extent the Premises which is are unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet Lease, and not occupied by Tenant as a result of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timesubject damage.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas the Real Property serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Premises and such Common Areasthe Real Property. Such restoration shall be to substantially the same condition of the Base Building Premises and the Common Areas Real Property prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or . Notwithstanding any other modifications provision of this Lease, upon the occurrence of any damage to the Common Areas deemed desirable Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to the tenant improvements which exist and alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements tenant improvements and alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. Prior Notwithstanding anything to the contrary herein, in no event shall Landlord be obligated to repair or restore any specialized or dedicated equipment serving Tenant, such as any cabling, wiring, supplemental utility system, telephone system or wireless/Wi-Fi Network and any insurance of Tenant applicable to the same shall not be assigned to Landlord. In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select obtain Landlord’s consent to the contractors for such work such consent not to perform such improvement workbe unreasonably withheld or delayed. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such . If fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancyPremises, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion entitled to an equitable abatement of Base Rent, Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs based on the ratio that the amount square footage of rentable square feet the portion of the Premises which is unfit that are so rendered reasonably unusable for occupancy for the purposes permitted under this Lease Tenant’s business bears to the total rentable square feet footage of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment (not to exceed ninety (90) days) or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall Upon the occurrence of any damage to the Premises, if this Lease has not terminated, Tenant shall, at its sole cost and expense, repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if . Tenant's right to rent abatement pursuant to the Premises are so damaged that it preceding sentence shall terminate as of the date which is not reasonably practicable for determined by Landlord to be the date Tenant should have completed repairs to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeand installed its FF&E and personal property, assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required to be carried under items (ii) and (iii) of Section 10.3.2 of this Lease with respect to the Improvements and any Alterations, and Landlord shall repair any injury or damage to the improvements which exist Improvements and such Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements and such Alterations to their original condition; provided that if the cost of repair to the Improvements and such Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements installed in the Premises and shall return such Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the willful misconduct of Tenant as or Tenant’s employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent which proportionality shall be abated in proportion to based on the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Base, Shell and Core of the Premises and such Common Areas. Such restoration shall be Areas to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by law, the holder of a mortgage on the Building Real Property, the lessor of a ground or Project underlying lease, or any other modifications to the Common Areas deemed desirable by Landlord. Notwithstanding any other provision of this Lease, which are consistent with upon the character occurrence of the Project, provided that access any damage to the Premises resulting from fire or other casualty, Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to items of property described in clause (ii) of Section 10.3.2, and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to return the improvements which exist in the Premises as of the Lease Commencement Date (the "Original Improvements") Tenant Improvements and shall return such Original Improvements Alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. Prior In the event any damage to the commencement Building or Common Area occurs as a result of constructionthe negligence or willful misconduct of Tenant and/or its agents, contractors, employees and/or invitees, Tenant shall submit to reimburse Landlord, promptly on demand, for the cost of incurred by Landlord in repairing such damage and the provisions of Section 10.5 regarding Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord deductible shall select the contractors not apply to perform such improvement workreimbursement obligation. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage resulting from fire or the other casualty or Landlord's repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied result of the negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. To the extent Landlord does not have actual knowledge of same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty or any condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 11. If the Premises Premises, the Building Structure, the Building Systems or any Common Areas of the Project serving or providing access to the Premises shall be damaged by fire or other casualty or be subject to a condition existing as a result of a fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building (including the Building Structure and the Building Systems) and such Common Areas. Such restoration shall be Areas to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or by the holder of a mortgage on the Building Buildings or Project or any other nonmaterial modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises Premises, Project parking facility and any common restrooms serving the Premises shall not be materially impaired. In connection with the foregoing, Tenant shall provide Landlord with all insurance proceeds payable under any insurance carried by Tenant pursuant to the terms of Section 10.2.2 of this Lease (except to the extent applicable to Tenant’s personal property). Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, if the Lease is not terminated, Tenant shall put into a third party escrow account reasonably acceptable to Landlord (which escrow shall be jointly paid for by Landlord and Tenant) for distribution to Landlord (or to any party designated by Landlord) on a progress payment basis upon receipt of the appropriate conditional and/or unconditional lien releases, all insurance proceeds payable to Tenant under Tenant’s insurance required under Sections 10.3.2 (ii) and (iii) of this Lease and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and subsequent Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements and Alterations to their original condition; provided that (a) if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the incremental cost differential of such repairs shall be paid by Tenant to Landlord on a progress payment basis (after exhaustion of insurance proceeds), and (b) Tenant’s insurance proceeds shall be disbursed for all costs and expenses incurred by Landlord in connection with the repair of any such damage pursuant to a disbursement procedure mutually approved by Landlord and Tenant. As long as the Tenant Improvements in the Premises are rebuilt, Tenant shall be entitled to retain any portion of the proceeds of the insurance described in Sections 10.3.2 (ii) and (iii) in excess of the cost of such restoration or if this Lease terminates, Tenant will receive all of such insurance proceeds to the extent the such proceeds exceed Landlord’s TI Proceeds. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, if this Lease does not terminate pursuant to Section 11.2 of this Lease or for any other reason, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Tenant Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select Tenant may select, subject to Landlord’s reasonable approval, the contractors to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance with the terms of the Tenant Work Letter as though such construction of improvements were the initial construction of the Tenant Improvements. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary for Tenant to reasonably conduct Tenant's occupancy’s Permitted Use from the Premises, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancyoccupancy for Tenant’s Permitted Use, and not occupied by Tenant as a result thereof, including abatement during a commercially reasonable period of build-out and move time; provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Tenant to conduct its business operations from such remaining portion and Tenant does not conduct its business operations therefrom, Landlord shall allow Tenant a total abatement of Rent shall be abated in proportion during the time and to the ratio that the amount of rentable square feet of extent the Premises which is are unfit for occupancy for Tenant’s Permitted Use, and not occupied by Tenant as a result of the purposes permitted under this Lease bears subject damage. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to rent abatement pursuant to the total rentable square feet preceding sentence shall terminate as of the Premises, provided that if date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for and moved back into the Premises assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, but in no event more than 180 days after the date of the casualty and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior ; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to the Landlord prior to Landlord's commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises; provided further, provided however, that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion damage or destruction occurs as a result of the Premisesnegligence or willful misconduct of Tenant or any of its agents, then the Rent employees, contractors, invitees or guests, Tenant shall be fully abated during such timeresponsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand), and there shall be no abatement of Rent.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the ProjectProject and which are reasonably approved by Tenant, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements, Original Improvements, and any Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and any Alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and Alterations installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workwork subject to Tenant’s reasonable approval. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty or any condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 11. If the Premises or any Common Areas of the Project serving or providing access to the Premises shall be damaged by fire or other casualty or be subject to a condition existing as a result of a fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment and permitting by the building department or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be Areas to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or the Project. Notwithstanding any other modifications provision of this Lease, upon the occurrence of any damage to the Common Areas deemed desirable Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease covering Tenant Improvements that are fixtures, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements installed in the Premises and shall return such Tenant Improvements to their original condition. Prior ; provided that if the cost of repair of Tenant Improvements not originally constructed by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, assigned by Tenant , the cost of such repairs shall be paid by Tenant to the commencement of construction, Tenant shall submit Landlord prior to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select ’s repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged damage the Premises or Common Areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the negligence or willful misconduct of Tenant as or Tenant’s employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancyoccupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Tenant to conduct its business operations from such remaining portion and Tenant does not conduct its business operations therefrom, and if such damage is not the result of the negligence or willful misconduct of Tenant or any of the Tenant Parties, Landlord shall allow Tenant a total abatement of Rent shall be abated in proportion during the time and to the ratio that the amount of rentable square feet of extent the Premises which is are unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet Lease, and not occupied by Tenant as a result of the Premisessubject damage. Since Tenant is carrying business interruption insurance, provided that if and Landlord is carrying rental-replacement insurance, Landlord and Tenant shall cooperate, each with the Premises are so damaged that it is not reasonably practicable for Tenant other, to continue its business operations from any portion minimize the impact of the Premisescasualty upon the other party. Further, then in the Rent event that Tenant requests Landlord to construct modified Tenant Improvements in any rebuilding, Landlord may condition its consent to such modifications on confirmation by Landlord’s architect (which confirmation Landlord shall be fully abated during pursue in good faith) that the modifications will not increase the scope of work or the time necessary to complete the Tenant Improvements and may further condition its consent to Tenant’s agreement to pay any excess costs caused by such timemodifications.

Repair of Damage to Premises by Landlord. Tenant shall promptly ---------------------------------------- notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Premises and such Common Areascommon areas; provided, however, that in no event shall Landlord be required to repair, replace or restore any of Tenant's Property. Such restoration shall be to substantially the same condition of the Base Building Premises and the Common Areas common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Building, or Project the lessor of a ground or any underlying lease with respect to the Real Property and/or the Building, or my other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease (other than those payable with respect to Tenant's Property), and Landlord shall repair any injury or damage to the tenant improvements which exist and alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements tenant improvements and alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement improvements work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any my way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied by result of the negligence or willful misconduct of Tenant as or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Base Rent and Tenant's Share of Direct Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Building, Landlord's Work, and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord Upon the occurrence of any damage to the Premises, Tenant shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select reasonably approve the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if If such fire or other casualty shall have damaged the Premises Premises, or Common Areas necessary to Tenant's occupancy, and which render the Premises are not occupied by unfit of occupancy for the purposes permitted under this Lease, Landlord shall allow Tenant as a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears Lease, and not occupied for the conduct of business by Tenant as a result thereof. Tenant's right to rent abatement pursuant to the total rentable square feet of preceding sentence shall continue until Tenant has been provided a reasoable period to rebuild the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the PremisesPremises it is required to rebuild under this Article 11 (subject to Force Majeure), then the Rent shall be fully abated during such timeto install Tenant's property, furniture, fixtures, and equipment, and to move in over one (1) weekend.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord (which shall be delivered by Landlord within sixty (60) days of the casualty, or not at all), Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Original Improvements installed in the Premises and shall return such Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier (including by taking into account any deductible), as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the Lease Commencement Date damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the "date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Original Improvements") Improvements installed in the Premises and shall return such Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Tenant shall in addition cooperate with requests for information regarding any repairs from Landlord’s insurer(s) by providing the requested information within ten (10) days after Tenant receives the request. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Xxxxxx, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. Prior In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Tenant Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Xxxxxx's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving necessary to Tenant's use or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with . Within sixty (60) days following the character occurrence of the Project, provided that access any damage to the Premises Premises, Landlord may elect by written notice (the "Landlord Repair Notice") to Tenant to repair such damage and restore the Tenant Improvements and Original Improvements, in which case Tenant shall assign to Landlord (or to any common restrooms serving the Premises shall not be materially impaired. party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under items (ii) and (iii) of Section 10.3.2 of this Lease, and thereafter Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant in accordance with the foregoing, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver a Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workwork in Landlord's reasonable discretion. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or a portion thereof or the Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent and in the proportion that the Premises or such portion thereof are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears Lease, and not occupied by Tenant as a result thereof. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant to the total rentable square feet preceding sentence shall terminate as of the Premises, provided that if date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell and core of such Common Areas. Such restoration shall be Areas and the Premises (collectively, the “Base, Shell and Core”) to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by Law, the holder of a mortgage on the Building Real Property, the lessor of a ground or Project underlying lease, or any other modifications to the Common Areas reasonably deemed desirable by Landlord. Notwithstanding any other provision of this Lease, which are consistent with upon the character occurrence of the Project, provided that access any damage to the Premises resulting from fire or other casualty, Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to items of property described in clause (b) of Section 10.2.2, and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to return the improvements which exist in the Premises as of the Lease Commencement Date (the "Original Improvements") Improvements and shall return such Original Improvements Alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. Prior In the event any damage to the commencement Building or Common Area occurs as a result of constructionthe negligence or willful misconduct of any Tenant Parties, Tenant shall submit to reimburse Landlord, promptly on demand, for the costs incurred by Landlord in repairing such damage and the provisions of Section 10.5 regarding Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord ’s deductible shall select the contractors not apply to perform such improvement workreimbursement obligation. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage resulting from fire or the other casualty or Landlord’s repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied result of the negligence or willful misconduct of Tenant or any Tenant Parties, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas, as well as the Original Improvements (but as to the Original Improvements, only to the extent the insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant prior to Landlord’s commencement of repair of the damage, is equal to or greater than the anticipated cost of repairing the same [i.e., as more particularly contemplated in this Section 11.1 below]). Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, except as otherwise provided in this Article 11, Tenant shall assign to Landlord all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease for the Improvements and any Alterations, and Landlord shall repair any injury or damage to the improvements which exist Improvements and Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements and Alterations to their original condition. Prior ; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to the Landlord prior to Landlord’s commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided provided, however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and then Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears and not occupied by Tenant as a result thereof unless Landlord shall make available to Tenant, during the total rentable square feet period of such repair, other space in the PremisesProject which is reasonably suitable for the temporary conduct of Tenant’s business; provided, provided further, however, that if the Premises are so damaged that it damage or destruction is not reasonably practicable for due to the negligence or willful misconduct of Tenant to continue or any of its business operations from any portion of the Premisesagents, employees, contractors, invitees or guests, then the Rent Tenant shall be fully abated during responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord within thirty (30) days of written demand therefor) and there shall be no Rent abatement. Except as otherwise expressly provided in this Lease, Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such timedamage or the undertaking of such repair, reconstruction or restoration. Landlord shall have no obligation to carry insurance of any kind on the Improvements, any Alterations or upon Tenant’s Property or Tenant’s other goods, furniture or furnishings located at the Project, and Landlord shall not be obligated to repair any damage thereto or to replace the same (except to the extent Landlord has received Tenant’s insurance proceeds covering the cost thereof). Except as provided above, Tenant hereby waives the provisions of any California law which is in conflict with the provisions of this Article 11.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving necessary to Tenant’s use of or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Premises and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Premises and the Common Areas prior to the casualty, except for (i) modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or (ii) any other modifications to the Common Areas deemed reasonably desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired, and (iii) unless and until a Landlord Repair Notice is sent (as defined below), Landlord shall have no obligation to repair or restore any improvements or Alterations made to the Premises by Tenant, including any Tenant Improvements. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.4 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement repair work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided provided, however, that if such fire or other casualty shall have damaged the Premises or a portion thereof or Common Areas necessary to Tenant's ’s occupancy, then Landlord shall allow Tenant a proportionate abatement of Rent during the time and to the extent and in the proportion that the Premises or such portion thereof are unfit for occupancy for the purposes permitted under this Lease, and are not occupied by Tenant as a result thereof, then during the time and provided that such abatement of Rent shall be allowed only to the extent Landlord is reimbursed from the Premises are unfit for occupancyproceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses; provided further, however, if the Rent damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, then Tenant shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises responsible for any reasonable, applicable insurance deductible (which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timepayable to Landlord upon demand) and there shall be no rent abatement.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell, and core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building base, shell, and core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provisions of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all applicable tangible property damage insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. Prior Any excess tangible property damage insurance proceeds, after reasonable expenditures by the Landlord, shall be returned to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement workTenant. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied by result of the reckless or willful misconduct of Tenant as or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancyoccupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Tenant to conduct its business operations from such remaining portion and Tenant does not conduct its business operations therefrom, and if such damage is not the result of the reckless or willful misconduct of Tenant or any of the Tenant Parties, Landlord shall allow Tenant a total abatement of Rent shall be abated in proportion during the time and to the ratio that the amount of rentable square feet of extent the Premises which is are unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet Lease, and not occupied by Tenant as a result of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timesubject damage.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior ; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the excess cost (i.e., the portion of such cost that exceeds the amount of insurance proceeds) of such repairs shall be paid by Tenant to the Landlord prior to Landlord’s commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualtycasualty (collectively, a “Casualty”), Landlord shall use commercially reasonable efforts to promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access . Upon the occurrence of any damage to the Premises Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds applicable to Tenant Improvements and any common restrooms serving the Premises shall not be materially impaired. Alterations payable to Tenant under Tenant’s insurance required under Section 10.3.2 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist in the Premises as of the Lease Commencement Date (the "Original Improvements") Tenant Improvements and Alterations and shall return such Original Tenant Improvements and Alterations to their original condition. Prior ; provided that if the cost of such repair of Tenant Improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to the Landlord prior to Landlord’s commencement of construction, Tenant shall submit repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, for Landlord's review Tenant shall, at its sole cost and approvalexpense, all plans, specifications repair any injury or damage to the Tenant Improvements and working drawings relating thereto, Alterations installed in the Premises and Landlord shall select the contractors return such Tenant Improvements and Alterations to perform such improvement worktheir original condition. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy’s occupancy to such an extent that Tenant is unable to use and occupy the same, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount number of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that Premises (or if so much of the Premises are so damaged that it the remainder of the Premises is not reasonably practicable for Tenant to continue its business operations from any portion of the Premisesusable by Tenant, then all of the Rent shall xxxxx during the repairs). In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be fully abated during such timethe date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base structural portions and shell condition of the Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base structural and shell portions of the Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease and pay to Landlord the deductible amount thereunder, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. To the extent that Landlord does not already have actual knowledge of the same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all applicable insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears Lease, and not occupied by Tenant as a result thereof; unless Landlord shall make available to Tenant, during the total rentable square feet period of such repair, other space in the PremisesBuilding or the Project which is reasonably suitable for the temporary conduct of Tenant’s business; provided, provided further, however, that if the Premises are so damaged damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premisesdate which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the undertaking of such repair, then reconstruction or restoration. Landlord shall have no obligation to carry insurance of any kind on Tenant’s Alterations or upon Tenant’s goods, furniture or furnishings or on Tenant’s property, and Landlord shall not be obligated to repair any damage thereto or to replace the Rent shall be fully abated during such timesame. Tenant hereby waives the provisions of any California law which is in conflict with the provisions of this Article 11.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building or Real Property serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell, and core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building base, shell, and core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Real Property, or Project the lessor of a ground or underlying lease with respect to the Real Property and/or the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the tenant improvements which exist and alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements tenant improvements and alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Landlord’s and Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the negligence or willful misconduct of Tenant as or Tenant’s employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Base Rent and Tenant’s Share of Operating Expenses, then Tax Expenses and Utilities Costs, during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. The terms and conditions of this Article 11 shall not be applicable during the Construction Period. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications applicable Law. In addition to Landlord’s obligations with respect to the Base Building and Common Areas deemed desirable Areas, upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”, which notice shall contain the date that Landlord anticipates commencing construction and Landlord’s estimated repair completion date, the “Estimated Repair Completion Date”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements and Alterations to their original condition. Prior ; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the estimated cost of such repairs shall be paid by Tenant to the Landlord prior to Landlord’s commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and repair of the damage. Landlord shall select use commercially reasonable efforts to deliver the contractors Landlord Repair Notice to perform such improvement workTenant no later than sixty (60) days following the casualty. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly ---------------------------------------- notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the Occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements to their original condition. Prior ; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to the Landlord prior to Landlord's commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; , provided however, that if such fire or other casualty shall have damaged damage the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Project serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligentlydiligently prosecute to completion, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 110, restore the Base Building Base, Shell and Core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building Base, Shell and Core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project Project, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance with respect to Tenant Improvements required under Article 9 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. Prior In connection with such repairs and replacements Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, Landlord for Landlord's review and approval, approval all plans, plans specifications and working drawings relating thereto, . Such submittal of plans and Landlord construction of improvements shall select be performed in substantial compliance with the contractors to perform terms of the Work Letter as though such improvement workconstruction of improvements were the initial construction of the Tenant Improvements. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereof, then Basic Cost during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is materially damaged and unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord after Tenant becomes aware of any damage to the Premises resulting from fire or any other casualty. If the Premises Premises, the Building or any Common Areas common areas of the Building, or the Project serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Base, Shell, and Core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building Base, Shell, and Core of the Common Areas Premises and such common areas prior to the casualty, except for modifications required by zoning and building codes and other laws applicable Laws or by the holder of a mortgage on the Building Building, or the lessor of a ground or underlying lease with respect to the Project and/or the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.2.1(iv) above, which pertain to the repair and restoration of the Tenant Improvements and Alterations, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements and Alterations to their original condition; provided that (i) if the cost of such repair by Landlord of such Tenant Improvements and Alterations exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the incremental cost differential of such repairs shall be paid by Tenant to Landlord on a progress payment basis during Landlord’s repair and replacement work, and (ii) Tenant’s insurance proceeds shall be disbursed for all costs and expenses incurred by Landlord in connection with the repair of any such damage to the Tenant Improvements and Alterations pursuant to Landlord’s standard disbursement procedures. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance with the terms of the Work Letter as though such construction of improvements were the initial construction of the Tenant Improvements. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitorsthe Tenant Parties, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy’s occupancy to such a degree that Tenant is prevented from using, and does not use, all or any part of the Premises are not occupied by Tenant as a result thereof, then and if such damage is not the result of the gross negligence or willful misconduct of Tenant or Tenant’s employees, contractors, licensees, or invitees, Landlord shall allow Tenant a proportionate abatement of Base Rent and Tenant’s Share of increases in Direct Expenses during the time and to the extent Tenant is so prevented from using and does not use the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises Premises, of which it has actual knowledge, resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell, and core of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building base, shell, and core of the Common Areas Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2 (ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant. Prior Upon receipt of Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, any changes to the original construction documents including all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereof, then an abatement of all Rent during the time and to the extent the Premises or Building are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is inaccessible or unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease; provided, provided further, however, that if the Premises are so damaged damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed reasonably desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises Premises, parking and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approvalapproval (which shall not be unreasonably withheld, conditioned or delayed), all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage, or as soon as such additional costs are known. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or wilful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant's right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that use of and access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2 (ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage, or as soon as such additional costs are known. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Tenant Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy’s access to and occupancy of the Premises, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or wilful misconduct of Tenant or any of its agents, employees, contractors, invitees or guests, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a “Casualty”), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the Casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are is not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier (including by taking into account any deductible or self-insured retention), as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Tenant shall in addition cooperate with requests for information regarding any repairs from Landlord’s insurer(s) by providing the requested information within ten (10) days after Tenant receives the request. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeused reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. 11.1.1 Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty (“Casualty”). If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualtyCasualty, then unless this Lease is terminated in accordance with Section 11.2 below, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project any Mortgagee or any other modifications to the Common Areas deemed desirable by Landlord, Landlord and which are consistent with the character of the Project, Project (provided that access to the Premises and any common restrooms serving the Premises shall not be materially impairedimpaired by such modifications to the Common Areas). Tenant shall cooperate with Landlord in such manner as Landlord may reasonably request to assist Landlord in collecting insurance proceeds due in connection with any Casualty which affects the Premises or the Building, including providing requested information within ten (10) business days after request. In the Expense Year in which a Casualty occurs, there shall be included in Operating Expenses Landlord’s commercially reasonable deductible under its property insurance policy. Landlord’s obligations under this Section 11.1.1 are subject to delays caused by any Tenant Party, Section 29.16 below, rights of Mortgagees, Legal Requirements then-in-existence, delays for adjustment of insurance proceeds, and delays arising from the time needed for Tenant to obtain any license, clearance or other authorization of any kind required for Landlord to enter into and restore the Premises issued by any governmental authority to the extent necessary as a result of the use of Hazardous Materials in, on or about the Premises (collectively referred to herein as “Hazardous Materials Clearances”). Tenant shall use diligent good faith efforts to obtain any and all Hazardous Materials Clearances as soon as reasonably possible. 11.1.2 Tenant shall, at its sole cost and expense, repair any injury or damage to the improvements which exist Tenant’s Fitout installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements Tenant’s Fitout to their its original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's Lxxxxxxx’s review and approval, all plans, specifications and working drawings relating thereto. Under no circumstances shall Landlord be required to repair any damage to, and Landlord shall select the contractors or make any repairs to perform such improvement workor replacements of, Txxxxx’s Fitout. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however. If the Lease Term shall expire, that or if such fire or other casualty this Lease is terminated, in either case prior to completion of Tenant’s restoration of Tenant’s Fitout to its original condition, Tenant shall have damaged assign to Landlord all of its right, title and interest in and to a portion of the Premises or Common Areas necessary insurance proceeds therefor equal to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and unamortized costs thereof to the extent the Premises are unfit not designated for occupancyremoval. 11.1.3 Notwithstanding any contrary provision of this Article 11, the Rent parties hereby agree as follows: (i) the closure of the Project, the Building, the Common Areas, or any part thereof to protect public health shall be abated in proportion to the ratio not constitute a Casualty for purposes of this Lease, (ii) Casualty covered by this Article 11 shall require that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet physical or structural integrity of the Premises, provided that if the Project, the Building, or the Common Areas is degraded as a direct result of such occurrence, and (iii) a Casualty under this Article 11 shall not be deemed to occur merely because Tenant is unable to productively use the Premises are so damaged in the event that it is not reasonably practicable for Tenant to continue its business operations from any portion the physical and structural integrity of the Premises, then the Rent shall be fully abated during such timePremises is undamaged.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty or any condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 11. If the Premises Premises, the Building Structure, the Building Systems or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty or be subject to a condition existing as a result of a fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore commence to restore, and thereafter diligently prosecute to completion, the Base Building base, shell, and core of the Premises and such Common Areas. Such restoration shall be common areas to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of the Lease, upon the occurrence of any damage to the Premises, if the Lease is not terminated, all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3.2 of the Lease shall be disbursed for all costs and expenses incurred by Landlord in connection with the repair of any such damage pursuant to a disbursement procedure mutually approved by Landlord and Tenant. Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition. Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the cost of such repair by Landlord exceeds the amount of insurance _proceeds received by Landlord from Tenant's insurance carrier, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. As long as the Tenant Improvements in the Premises are so damaged that it is not reasonably practicable for rebuilt, Tenant shall be entitled to continue its business operations from retain any portion of the Premises, then proceeds of the Rent shall be fully abated during such time.insurance described in Section 10.3.2 in excess of the cost of such

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Base Building or any Common Areas serving or providing access to the Premises shall be damaged by a fire or any other casualtycasualty (collectively, a "Casualty"), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by LandlordProject, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Tenant shall promptly notify Landlord upon the occurrence of any damage to the Premises resulting from a Casualty, and Tenant shall promptly inform its insurance carrier of any such damage. If this Lease is not terminated as a result of such Casualty, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3(ii) and (iii) of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Improvements and the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. Prior In connection with such repairs and replacements, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty Casualty shall have damaged all or any portion of the Premises or Common Areas necessary to Tenant's occupancy, and such portion of the Premises are is not occupied by Tenant for the purposes such portion of the Premises was used for prior to such Casualty as a result thereof, then during the time and to the extent the Premises are is unfit for occupancyoccupancy for such prior use, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease such prior use bears to the total rentable square feet of the Premises. Notwithstanding any contrary provision of this Article 11, provided the parties hereby agree as follows: (a) the closure of the Project, the Building, the Common Areas, or any part thereof to protect public health shall not constitute a Casualty for purposes of this Lease, (b) Casualty covered by this Article 11 shall require that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion physical or structural integrity of the Premises, then the Rent Project, the Building, or the Common Areas is degraded as a direct result of such occurrence, and (c) a Casualty under this Article 11 shall not be fully abated during such timedeemed to occur merely because Tenant is unable to productively use the Premises in the event that the physical and structural integrity of the Premises is undamaged.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under items (ii) and (iii) of Section 10.4 of this Lease which pertain to work to be performed by Xxxxxxxx, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements, Alterations and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements, Alterations and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Xxxxxx, the excess cost of such repairs shall be paid by Tenant to Landlord. Prior to the commencement of construction, Tenant Landlord shall submit to LandlordTenant, for Landlord's Tenant’s review and approval, all plans, specifications and working drawings relating theretoto the repair of such damage and the restoration of such Tenant Improvements, Alterations and Original Improvements to their original condition, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease Lease, and not occupied by Tenant as a result thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is unable to use, and does not use, bears to the total rentable square feet area of the Premises; provided, provided however, in the event that if the Premises are so damaged that it Tenant is unable to use, and does not reasonably practicable for Tenant to continue its business operations from any use, a portion of the Premises, and as result thereof it is commercially impractical for Tenant to use all or a portion of the remaining Premises (i.e., the portion of the Premises that Tenant is actually able to use), and if Tenant does not conduct its business from the remaining Premises or portion thereof, then for such time during which it is impractical for Tenant to conduct its business therein, the Rent shall also be fully abated for the remaining Premises (or portion thereof) that Tenant does not use. If, however, Tenant reoccupies any portion of the Premises during such timeperiod, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. If the damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, employees or contractors, then Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand), up to Fifty Thousand Dollars ($50,000.00), and such deductible amount shall not be included in Operating Expenses.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving necessary to Tenant’s use or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with . Following the character occurrence of the Project, provided that access any damage to the Premises Premises, Landlord may elect by written notice (the “Landlord Repair Notice”) to Tenant to repair such damage and restore the Tenant Improvements and Original Improvements, in which case Tenant shall assign to Landlord (or to any common restrooms serving the Premises shall not be materially impaired. party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under items (ii) and (iii) of Section 10.3.2 of this Lease, and thereafter Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant in accordance with the foregoing, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver a Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or a portion thereof or the Common Areas necessary to Tenant's ’s occupancy, and Landlord shall allow Tenant a proportionate abatement of Rent to the Premises are not occupied extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Tenant Landlord as a result thereofpart of Operating Expenses, then during the time and to the extent and in the proportion that the Premises or such portion thereof are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided and not occupied by Tenant as a result thereof; provided, further, however, that if the Premises are so damaged damage or destruction is due to the negligence or willful misconduct of Tenant or any of Tenant’s Agents, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event that it is Landlord shall not reasonably practicable for Tenant deliver the Landlord Repair Notice, Tenant’s right to continue its business operations from any portion rent abatement pursuant to the preceding sentence shall terminate as of the Premises, then date which is reasonably determined by Landlord to be the Rent shall be fully abated during such timedate Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements and the Original Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Prior Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, provided that if Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises are so damaged that it is not reasonably practicable for assuming Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such time.used reasonable due diligence in connection therewith. 11.2

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building base, shell and core of such Common Areas. Such restoration shall be Areas and the Premises (collectively, the "Base, Shell and Core") to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by law, the holder of a mortgage on the Building Real Property, the lessor of a ground or Project underlying lease, or any other modifications to the Common Areas deemed desirable by Landlord. Notwithstanding any other provision of this Lease, which are consistent with upon the character occurrence of the Project, provided that access any damage to the Premises resulting from fire or other casualty, Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to items of property described in clause (ii) of Section 10.2.2, and any common restrooms serving the Premises shall not be materially impaired. Landlord shall repair any injury or damage to return the improvements which exist in the Premises as of the Lease Commencement Date (the "Original Improvements") Tenant Improvements and shall return such Original Improvements Alterations to their original condition. Prior ; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to the commencement of construction, Tenant shall submit Landlord prior to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage resulting from fire or the other casualty or Landlord's repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary necessary, in whole or in part, to Tenant's occupancy, and if such damage is not the Premises are not occupied by result of the gross negligence or willful misconduct of Tenant as or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeLease.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building or Real Property serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building Premises and the Common Areas common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Real Property, or Project the lessor of a ground or underlying lease with respect to the Real Property and/or the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease, and Landlord shall repair any injury or damage to the improvements which exist in Alterations made by Tenant to the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Improvements Alterations to their original condition. Prior ; provided that if the cost of repairing such Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Xxxxxx, the cost of repairing such Alterations shall be paid by Tenant to the commencement of construction, Tenant shall submit Landlord prior to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select repair of the contractors to perform such improvement workdamage. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, and if such damage is not the Premises are not occupied by sole result of the negligence or willful misconduct of Tenant as or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a result thereofproportionate abatement of Base Rent and Xxxxxx's Share of Operating Expenses, then Tax Expenses and Utilities Costs during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 1ARTICLE 11, restore the Base Building Building, the Premises, and such Common Areas. Such restoration shall at least be to substantially the same condition of the Base Building Building, the Premises, and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or laws. Notwithstanding any other modifications provision of this Lease, upon the occurrence of any damage to the Common Areas deemed desirable Premises, to the extent this Lease is not terminated, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3 of this Lease, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Landlord shall thereupon repair any injury or damage to the improvements which exist Tenant Improvements and Alterations installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements and Alterations to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord as construction progresses on a reasonable basis. Prior In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Tenant and Landlord shall select the contractors to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance with the terms of the Tenant Work Letter as though such construction of improvements were the initial construction of the Tenant Improvements. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are result of the gross negligence or willful misconduct of Tenant or Tenant’s employees, contractors, lisencees, or invitees, and is not occupied covered by Tenant’s or Landlord’s insurance, Landlord shall allow Tenant as a result thereof, then proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancyoccupancy for the purposes permitted under this Lease, the Rent shall be abated in proportion to the ratio and not occupied by Tenant as a result thereof; provided, however, that the amount of rentable if more than 60,000 usable square feet of the Premises which is damaged and the remaining portion of the Premises is not reasonably sufficient to allow Tenant or an independent unit of Tenant to conduct its business operations from such remaining portion and Tenant does not conduct its business operations therefrom, Landlord shall allow Tenant a total abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet Lease, and not occupied by Tenant as a result of the Premises, provided that if the Premises are so damaged that it is not reasonably practicable for Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timesubject damage.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other terms of this Article 1 111, restore the Base Building Base, Shell and Core of the Premises (as defined in Exhibit B) and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building Base, Shell and Core of the Premises and Common Areas prior to the casualty, except for modifications required by zoning and building codes and other applicable laws or by the holder of a mortgage on the Building Building, or the lessor of a ground or underlying lease with respect to the Project and/or the Building, or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance carried under Section 10.3 of this Lease relating to the Tenant Improvements, and Landlord shall repair any injury or damage to the improvements which exist Tenant Improvements installed in the Premises as of the Lease Commencement Date (the "Original Improvements") and shall return such Original Tenant Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. Prior Within sixty (60) days following the occurrence of such damage or other casualty, Landlord shall provide to Tenant a notice (the “Anticipated Completion Date Notice”) accompanied by the supporting opinion of a qualified, experienced and reputable contractor, architect or other qualified consultant or vendor, setting forth the date by which Landlord anticipates being able to substantially complete the repair and restoration of the Premises, the Building and/or the Project, as applicable, based on good construction practices and without employing labor at overtime or other premium rates, and including reasonably anticipated periods for insurance claim processing and adjustment (the “Anticipated Completion Date”). In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's ’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's ’s occupancy, and if such damage is not the Premises are not occupied by result of the gross negligence or willful misconduct of Tenant as or the Tenant Parties, Landlord shall allow Tenant a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the PremisesLease, provided that if the Premises are so damaged that it is and not reasonably practicable for occupied by Tenant to continue its business operations from any portion of the Premises, then the Rent shall be fully abated during such timeas a result thereof.