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 TCC's of this Article 11, 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, provided that access to 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 allocable to the Tenant Improvements and the Original Improvements, and Landlord shall 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; 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. 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 any of the Premises or Base Building Improvements (including, without limitation, any Common Areas serving or providing access to the Premises 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 TCC's terms of this Article 11, restore the such Base Building and such Common Areas. Such restoration shall be Improvements to substantially the same condition of the Base Building and the Common Areas as existed immediately 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 Landlordlaws, provided that access to the Premises shall not be materially impaired. Upon the occurrence of any damage to the PremisesPremises Improvements, upon notice (the "LANDLORD REPAIR NOTICE") unless Landlord elects to terminate this Lease by timely delivery of a Landlord Termination Notice to Tenant from in accordance with the terms and conditions of Section 11.2, Landlord may elect to repair the Premises Improvements utilizing the proceeds of Tenant’s insurance by delivering written notice to Tenant of Landlord’s election to do so within sixty (60) days after the date of discovery of the damage (a "Landlord Repair Notice"), and if Landlord so elects, 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 10.3(ii), (iii) and (iv) of this Lease allocable to the Tenant Improvements and the Original Improvements, and Landlord shall repair any injury or damage to the Tenant Premises Improvements and the Original Improvements installed in the Premises and shall return such Tenant the Premises (including all Base Building Improvements and Original Improvements Premises Improvements) to their original conditionthe condition existing prior to the applicable damage or other casualty; provided that if neither Landlord nor Tenant elects to exercise its right to terminate this Lease under this Article 11, and Landlord timely delivers a Landlord Repair Notice to Tenant in accordance with this Section 11.1, above, and the cost of such repair by the Landlord repairs to the Premises Improvements exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carriercarrier (including by taking into account any deductible or self-insured retention), as assigned by Tenant, then, to the extent that the cost of such repairs by Landlord exceeds such sum, such excess cost of repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of such repairs to the damagePremises Improvements. In the event that neither Landlord nor Tenant elects to exercise its right to terminate this Lease under this Article 11 and Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, in accordance with this Section 11.1, above, Tenant shall, at its sole cost and expense, shall repair any injury or damage to the Premises Improvements, subject to Landlord's restoration of the Base Building Improvements to a condition reasonably permitting such repairs to occur; provided that the foregoing right of Landlord to elect to repair the Premises Improvements or to cause Tenant to repair the Premises Improvements and the Original Improvements installed shall not be applicable in the event that Tenant elects to terminate this Lease following any casualty causing damage to the Premises and shall return such Tenant Improvements and Original Improvements to their original conditionin accordance with Section 11.2. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of constructionsuch repairs or restoration of the Premises Improvements by Landlord or Tenant, Tenant shall submit to Landlord, for Landlord's review and approval, which approval shall not be unreasonably withheld, all plans, specifications and working drawings relating theretothereto (provided that Tenant shall not be required to include any Specialty Alterations that were part of the Premises Improvements prior to such fire or any other casualty in Tenant's plans, specifications and working drawings), and Landlord shall select the all contractors selected by Tenant to perform such improvement workrepairs. 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) business days after Tenant receives Landlord's written request for such information. 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, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as total rentable square feet of the date 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 therewithPremises.

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 Exterior 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 TCC's terms of this Article 11, restore the Base Building and such Common Exterior Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Exterior 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 Exterior Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE"“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 ’s insurance required under clauses (ii) and (iii) of Section 10.3 10.3.2 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's ’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty forty-five (6045) 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. 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 Exterior Areas necessary to Tenant's ’s occupancy, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult thereof, then during the time and to the extent the Premises are unfit for occupancy for occupancy, the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Rent shall be abated in proportion to the negligence or willful misconduct extent to which Tenant’s use 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 abatementthe Premises is diminished. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's ’s right to rent abatement pursuant to the preceding sentence shall terminate as of the date which is date, reasonably determined estimated by Landlord Tenant’s contractor or architect (“Tenant’s Construction Representative”), to be the date Tenant should have completed that (subject to Force Majeure, as defined in Section 30.16 below) repairs to the Premises should be completed by Tenant assuming Tenant used uses reasonable due diligence in connection therewith. provided that such date shall not exceed one (1) year from the date of the fire or other casualty.

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 TCC's terms of this Article 11, restore the Base Building Building. To the extent that such damage occurs during a period in which Tenant has elected to carry the Property Insurance, Tenant shall cause its insurer to pay the applicable insurance proceeds to Landlord, and such Common Areasshall otherwise make the payments required, as set forth in Section 10.7.2, above. 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 exterior portions of the Project deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICELandlord 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 Sections 10.3 and 10.7, as applicable, of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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. 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 if Landlord delivers a Landlord Repair Notice, and then 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 occupancyaccess thereto, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Premises. 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 the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith. Notwithstanding the foregoing, if such damage occurs during a period in which Tenant has elected to carry the Property Insurance, then Tenant's right to abatement of Rent shall be governed by the terms of Section 10.7.2.4(b), above.

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 TCC's terms of this Article 11, restore the Base Building Premises; provided, however, Tenant hereby acknowledges that in no event shall Landlord have any obligation to restore any office furniture, business and such Common Areastrade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise or any other items of Tenant's property on the Premises installed by, for, or at the expense of Tenant. Such restoration shall be to substantially the same condition of the Base Building 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 or Project or any other modifications to which are consistent with the Common Areas deemed desirable by Landlordcharacter of the Project, provided that access to the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICELandlord 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 allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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. 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 occupancyBuilding, Landlord shall allow and the Building is not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult thereof, then during the time and to the extent the Premises are Building is unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Building which is unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Building. 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 the 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 controlcontrol (specifically including, without limitation, 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 TCC's terms of this Article 11, 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 allocable to the Tenant Improvements and the Original Improvements, and Landlord shall 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; 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 conditionthe condition existing immediately prior to such casualty (provided such Tenant Improvements and Original Improvements were properly maintained pursuant to the TCCs of this Lease prior to such casualty), except for modifications required by "Applicable Laws," as that term is set forth in Article 24 of this Lease. Whether or not Landlord delivers a Landlord Repair Notice, prior 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 Tenant shall select the contractors contractors, subject to Landlord's reasonable approval, 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, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereofLease bears to the total rentable square feet of the Premises; provided, provided further, however, that if the damage or destruction is due any Hazardous Materials Clearances are required to the negligence or willful misconduct be obtained by Tenant before such restoration can begin, such abatement of Tenant or any of its agentsRent shall continue for only so long as Tenant, employeesin Landlord's reasonable judgment, 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 abatementdiligently pursues obtaining such required Hazardous Materials Clearances. 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 the 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 If the Premises resulting from fire Building Structure or any other casualty. If portions of the Premises or any Common Areas Project existing outside 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 controlcontrol (specifically including, without limitation, 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 TCC's terms of this Article 11, restore the Base Building Structure and all such Common Areasportions of the Project existing outside of the Building. Such restoration shall be to substantially the same condition of the Base Building Structure and the Common Areas exterior Project components 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 exterior Project components 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 allocable to the Tenant Improvements and the Original Improvements, and Landlord shall 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; 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 Building Systems, Tenant Improvements and the Original Improvements installed in the Premises and shall return such Building Systems, Tenant Improvements and Original Improvements to their original conditionthe condition existing immediately prior to such casualty (provided such Building Systems, Tenant Improvements and Original Improvements were properly maintained pursuant to the TCCs of this Lease prior to such casualty), except for modifications required by “Applicable Laws,” as that term is set forth in Article 24 of this Lease. Whether or not Landlord delivers a Landlord Repair Notice, prior 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 contractors, subject to Landlord’s reasonable approval, 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, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereofLease bears to the total rentable square feet of the Premises; provided, provided further, however, that if the damage or destruction is due any Hazardous Materials Clearances are required to the negligence or willful misconduct be obtained by Tenant before such restoration can begin, such abatement of Tenant or any of its agentsRent shall continue for only so long as Tenant, employeesin Landlord’s reasonable judgment, 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 abatementdiligently pursues obtaining such required Hazardous Materials Clearances. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 assuming Tenant used 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 material damage to the Premises resulting from fire or any other casualtycasualty promptly following the date Tenant becomes aware of such damage. If the Premises 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 TCC's terms of this Article 11, restore the Base Building, the Building Structure and such Common AreasBuilding Systems, except for those items which were constructed by or for the benefit of Tenant above and beyond the Tenant Improvement Allowance (the "Base, Shell and Core"). Such restoration shall be to substantially the same condition of the Base Building Base, Shell and the Common Areas Core 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 to the Common Areas deemed desirable by Landlordprovision of this Lease, provided that access to the Premises shall not be materially impaired. Upon 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 items (ii) and (iii) of Section 10.3 10.3.2 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the property covered by the proceeds being assigned. Except as provided below with respect to the termination of the Lease, if the cost of restoration of the Base, Shell and Core shall exceed the amount of insurance proceeds scheduled to be received by Landlord from Landlord's casualty, earthquake and/or flood insurance due to the deductible amounts under such insurance (which deductible amounts shall not be in excess of commercially reasonable amounts for Comparable Buildings), Tenant Improvements and shall pay such shortfall (not to exceed the Original Improvements installed deductible amounts permitted under this Lease or in the Premises event of earthquake damage, the first $150,000 of such deductible amount during the Initial Term or the first $159,000 during any Option Terms) to Landlord prior to Landlord's repair of the damage to the Base, Shell and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if Core. If the cost of such repair to the Tenant Improvements by Landlord exceeds is estimated, after review of the costs by Tenant, to exceed the amount of insurance proceeds scheduled to be received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of Tenant shall pay any such repairs shall be paid by Tenant short fall to Landlord prior to Landlord's commencement of repair of the damage. In the event that this Lease shall terminate as a result of such damage, (i) Tenant shall assign to Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known right to Landlord, Tenant shall, at its sole cost and expense, repair receive any injury or damage insurance proceeds received from Tenant's insurance carrier related to the Tenant Improvements constructed utilizing the proceeds of the Tenant Improvement Allowance, and (ii) Tenant shall retain the Original Improvements installed in insurance proceeds related to those of the Premises and shall return such Tenant Improvements which were constructed utilizing funds provided by Tenant over and Original Improvements above the Tenant Improvement Allowance. Tenant shall retain all insurance proceeds related to their original conditionTenant's personal property, furniture, fixtures and equipment. Whether or not Landlord delivers a Landlord Repair NoticeIn connection with such repairs and replacements, Tenant shall, prior to the commencement of constructionconstruction of the Tenant Improvements, Tenant shall submit to Landlord, for Landlord's review and approval, which approval shall not be unreasonably withheld, conditioned, or delayed, all plans, specifications and working drawings relating thereto, and Landlord Tenant shall have the right to alter the design of the previously existing Tenant Improvements, provided that such redesign shall not delay the repairs and restoration, and Tenant shall select the contractors to perform such improvement work; provided, however, that Landlord shall have the right to approve the contractor and the primary subcontractors relating to the Tenant Improvements, which approval shall not be unreasonably withheld, conditioned or delayed. 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 . Rent shall xxxxx if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted rental loss insurance is being received by Landlord or would have been so received if Landlord had obtained insurance which it is required to obtain under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 Building, Premises or any Common Areas serving or providing access to the Premises Project 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 TCC's terms of this Article 118, restore the Base Building Building, Premises and such Common AreasProject. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas Project 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, provided that access to the Premises and any common restrooms serving the Project 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 ’s insurance required under Section 10.3 7.3 of this Lease allocable to the Tenant Improvements extent necessary to reimburse Landlord for all costs and expenses incurred by Landlord in connection with the Original Improvementsrepair of any such damage, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and 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 ’s insurance carrier, as assigned by Tenant, plus the amount of insurance proceeds received by Landlord from Landlord’s insurance carrier to the extent allocable to damage of the Tenant Improvements and Alterations, the cost of such repairs repair shall be paid by Tenant on a progress-payment basis, but only after exhaustion of Tenant’s and Landlord’s insurance proceeds received by Landlord and allocable to Landlord prior to Landlord's commencement the damage 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 Alterations. In connection with such repairs and shall return such replacements, Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Noticeshall, 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 theretorelating, to the Tenant Improvements, and 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 Common Areas necessary to Tenant's ’s occupancy, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction Premises is due damaged such that the remaining portion thereof is not sufficient to allow Tenant to conduct is 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 negligence or willful misconduct of extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as a result of the date 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 therewithsubject 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 TCC's terms of this Article 11, 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 shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE"“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 ’s insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’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 ’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. 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, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 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 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 TCC's terms of this Article 11, restore the Base base, shell, and core of the Building and such Common Areascommon areas of the Real Property. Such restoration shall be to substantially the same condition of the Base base, shell, and core of the Building and common areas of 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 Real Property and/or the Building, or the lessor of a ground or underlying lease with respect to the Building or Project (if any), or any other modifications to the Common Areas common areas deemed desirable by Landlord, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 TenantTxxxxx's insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsSections 10.3.2 above, and Landlord shall repair any injury or damage to the Tenant Improvements tenant improvements and alterations installed within the Original Improvements installed in the Premises Building and shall return such Tenant Improvements tenant improvements and Original Improvements alterations to their original condition; provided that if the cost costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the cost excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repair of the damage. In If Landlord elects not to rebuild and/or restore the event that Landlord does Premises, Tenant shall entitled to retain, and shall not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known be obligated to assign to Landlord, that portion of the insurance proceeds payable to Tenant under Tenant's insurance required under Sections 10.3.2 above that pertain solely to Tenant's coverage for improvements and/or alterations within the Premises that are paid for solely by Tenant with monies that are other than any tenant improvement allowances provided to Tenant by Landlord (provided, however, for avoidance of doubt, Tenant shall assign to Landlord all other insurance proceeds as set forth hereinabove). In connection with such repairs and replacements of any such tenant improvements and alterations, 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. Whether or not Landlord delivers a Landlord Repair Notice, prior to the Landlord's commencement of constructionsuch improvement work, Tenant shall submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select designate the contractors to perform such improvement workwork (as such contractors may be approved by Tenant, with any such approval not to be unreasonably withheld, conditioned or delayed). 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 result of the willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a proportionate abatement of Base Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part and Txxxxx's Share of Operating Expenses, Tax Expenses and Utilities Costs, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 to, or affecting, the Premises resulting from fire or any other casualty. If the Premises Premises, the Project 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 TCC's TCCs of this Article ARTICLE 11, restore the Base Building and Shell (but excluding the Tenant Improvements constructed by Tenant pursuant to the Tenant Work Letter) and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and Shell (but excluding the Tenant Improvements constructed by Tenant pursuant to the Tenant Work Letter) 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 Landlordlaws, provided that access to the Premises and any common restrooms serving the Premises and Tenant's use of shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD TENANT REPAIR NOTICE") to Tenant Landlord from LandlordTenant, 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 SECTION 10.3.2 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the cost of such repair by Landlord exceeds the greater of (a) the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, or (b) the amount of insurance required to be maintained hereunder (whether by Landlord or 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, Following delivery of a 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. 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 (with Tenant's reasonable approval) 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent the Premises and/or Common Areas are unavailable for Tenant's use and occupancy regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 Except as otherwise set forth in Section 8.2 below, in the Premises resulting from fire event that all or any other casualty. If portion of the Premises or any Common Areas serving or providing access to the Leased Premises shall be damaged by fire or other casualty, this Lease shall not terminate, and Tenant shall reconstruct the Leased Premises on the terms and conditions set forth herein. If any such casualty shall occur, Tenant shall promptly notify Landlord of such damage, subject to the provisions of Article 5 of this Lease, Tenant shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond LandlordTenant's reasonable control, and subject to all other TCC's terms of this Article 11article, restore the Base Building and such Common Areas. Such restoration shall be Leased Premises 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 and/or the Leased Premises or any other modifications to the Common Areas deemed desirable requested by Landlord, provided which are consistent with the character of the Building; provided, however that access Landlord shall contribute to the Premises shall not be materially impaired. Upon the occurrence costs of such reconstruction ("Landlord's Insurance Contribution") out of any insurance proceeds actually received by Landlord as the result of such damage to the PremisesLeased Premises (other than insurance proceeds, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant from Landlordor any portion thereof, Tenant shall assign to received by 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 allocable to the Tenant Improvements and the Original Improvements, and Landlord shall repair any injury as compensation for loss or damage to personal property or fixtures belonging to Landlord) in an amount equal to the Tenant Improvements difference between Tenant's total costs of reconstruction and the Original Improvements installed in greater of the Premises and shall return following ("Tenant's Insurance Proceeds"): (a) the total amount of insurance required to be carried by Tenant under this Lease with respect to such event of damage or destruction; or (b) the total amount of insurance proceeds actually received by Tenant Improvements and Original Improvements to their original condition; provided that if as the cost result of such repair by Landlord exceeds damage or destruction. In no event shall Landlord's Insurance Contribution exceed the amount of insurance proceeds actually received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost result of such repairs shall be paid damage to the Leased Premises (other than insurance proceeds received 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 as compensation for loss or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements personal property or fixtures belonging to their original conditionLandlord). Whether or not Landlord delivers a Landlord Repair Notice, prior 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 portions of the Premises or Common Areas Building necessary to Tenant's occupancyoccupancy thereof, Landlord shall allow and the Building is not occupied by Tenant as a proportionate abatement result of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensessuch casualty, then during the time and to the extent the Premises Building is unfit for occupancy, the Minimum Monthly Rent shall be abated, to the extent compensated by the proceeds of rental interruption insurance payments received by Landlord, in proportion to the ratio that the amount of rentable square feet of the Building which are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereofLease bears to the total rentable square feet of the Building; provided, further, however, that if the 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to a 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 Leased 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. Within sixty (60) days after the date Landlord learns of the necessity for repairs as a result of damage, Landlord shall notify Tenant (“Damage Repair Estimate”) of Landlord’s estimated assessment of the period of time in which the repairs will be completed, which assessment shall be based upon the opinion of a contractor reasonably selected by Landlord and experienced in comparable repairs of comparable buildings. The Damage Repair Estimate shall also specify the date (“Repair Commencement Date”) upon which repairs would need to be commenced in order to be completed within the estimated repair period. 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 TCC's terms of this Article 11, restore the Base Building structure, the base, shell, and core of the Premises (i.e., the Premises other than Tenant Improvements, Alterations and Tenant’s personal property) 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 laws or by the holder of a mortgage on the Building Building, 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 deemed desirable by Landlord, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 ’s insurance required under Section 10.3 Sections 10.3.2(ii), (iii) and (iv) of this Lease allocable to cover the Tenant Improvements Improvements, the FF&E and the Original Improvementsany Alterations, and Landlord shall repair any injury or damage to the Tenant Improvements Improvements, the FF&E and the Original Improvements installed in the Premises any Alterations and shall return such Tenant Improvements Improvements, the FF&E and Original Improvements 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 ’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 ’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 Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original 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 for, but shall use reasonable efforts to minimize, 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating ExpensesRent, during the time and to the extent (a) the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 demandb) Tenant’s use and there shall be no rent abatement. 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 enjoyment of the date which Premises 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 therewithotherwise adversely affected.

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 material damage to the Premises resulting from fire or any other casualtycasualty promptly following the date Tenant becomes aware of such damage. If the Premises 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 TCC's terms of this Article 11, restore the Base Building, the Building Structure and such Common AreasBuilding Systems, except for those items which were constructed by or for the benefit of Tenant above and beyond the Tenant Improvement Allowance (the "Base, Shell and Core") . Such restoration shall be to substantially the same condition of the Base Building Base, Shell and the Common Areas Core 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 to the Common Areas deemed desirable by Landlordprovision of this Lease, provided that access to the Premises shall not be materially impaired. Upon 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 items (ii) and (iii) of Section 10.3 10.3.2 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; . Except as provided that below with respect to the termination of the Lease, if the cost of restoration of the Base, Shell and Core shall exceed the amount of insurance proceeds scheduled to be received by Landlord from Landlord's casualty, earthquake and/or flood insurance due to the deductible amounts under such insurance (which deductible amounts shall not be in excess of commercially reasonable amounts for Comparable Buildings), Tenant shall pay such shortfall (not to exceed the deductible amounts permitted under this Lease) to Landlord prior to Landlord's repair of the damage to the Base, Shell and Core. If the cost of such repair to the Tenant Improvements by Landlord exceeds is estimated, after review of the costs by Tenant, to exceed the amount of insurance proceeds scheduled to be received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of Tenant shall pay any such repairs shall be paid by Tenant short fall to Landlord prior to Landlord's commencement of repair of the damage. In the event that this Lease shall terminate as a result of such damage, (i) Tenant shall pay the amount of the deductible under Landlord's policy only if the termination is a result of Tenant's election to terminate under Section 11.2.2 below, (ii) Tenant shall assign to Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known right to Landlord, Tenant shall, at its sole cost and expense, repair receive any injury or damage insurance proceeds received from Tenant's insurance carrier related to the Tenant Improvements constructed utilizing the proceeds of the Tenant Improvement Allowance, and (iii) Tenant shall retain the Original Improvements installed in insurance proceeds related to those of the Premises and shall return such Tenant Improvements which were constructed utilizing funds provided by Tenant over and Original Improvements above the Tenant Improvement Allowance. Tenant shall retain all insurance proceeds related to their original conditionTenant's personal property, furniture, fixtures and equipment. Whether or not Landlord delivers a Landlord Repair NoticeIn connection with such repairs and replacements, Tenant shall, prior to the commencement of constructionconstruction of the Tenant Improvements, Tenant shall submit to Landlord, for Landlord's review and approval, which approval shall not be unreasonably withheld, conditioned, or delayed, all plans, specifications and working drawings relating thereto, and Tenant shall have the right to alter the design of the previously existing Tenant Improvements, provided that such redesign shall not delay the repairs and restoration, and Landlord shall select the contractors to perform such improvement work; provided, however, that Tenant shall have the right to approve the contractor and the primary subcontractors relating to the Tenant Improvements, which approval shall not be unreasonably withheld, conditioned or delayed. 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 as a result of such fire or other casualty shall have damaged the Premises or Common Areas necessary damage Tenant may be entitled to Tenant's occupancy, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as terms of the date 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 therewithSection 6.4 of this Lease.

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 material damage to the Premises resulting from fire or any other casualtycasualty promptly following the date Tenant becomes aware of such damage. If the Premises 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 TCC's terms of this Article 11, restore the Base Building, the Building Structure and such Common AreasBuilding Systems, except for those items which were constructed by or for the benefit of Tenant above and beyond the Tenant Improvement Allowance (the "Base, Shell and Core") . Such restoration shall be to substantially the same condition of the Base Building Base, Shell and the Common Areas Core 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 to the Common Areas deemed desirable by Landlordprovision of this Lease, provided that access to the Premises shall not be materially impaired. Upon 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 items (ii) and (iii) of Section 10.3 10.3.2 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if . If the cost of such repair by Landlord exceeds is estimated, after review of the costs by Tenant, to exceed the amount of insurance proceeds scheduled to be received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of Tenant shall pay any such repairs shall be paid by Tenant short fall 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 Landlordthis Lease shall terminate as a result of such damage, Tenant shall, at its sole cost and expense, repair shall assign to Landlord the right to receive any injury or damage insurance proceeds received from Tenant's insurance carrier related to the Tenant Improvements constructed utilizing the proceeds of the Tenant Improvement Allowance, and Tenant shall retain the Original Improvements installed in insurance proceeds related to those of the Premises and shall return such Tenant Improvements which were constructed utilizing funds provided by Tenant over and Original Improvements above the Tenant Improvement Allowance. Tenant shall retain all insurance proceeds related to their original conditionTenant's personal property, furniture, fixtures and equipment. Whether or not Landlord delivers a Landlord Repair NoticeIn 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, which approval shall not be unreasonably withheld, conditional, or delayed, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work; provided, however, that Tenant shall have the right to approve the contractor and the primary subcontractors if the contractor and/or its subcontractors are other than those listed on Schedule "1" to Exhibit ------------ ------- "B" to this Lease, which approval shall not be unreasonably withheld or delayed. --- 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 as a result of such fire or other casualty shall have damaged the Premises or Common Areas necessary damage Tenant may be entitled to Tenant's occupancy, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as terms of the date 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 therewiththis Lease.

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 Building, Premises or any Common Areas serving or providing access to the Premises Project 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 TCC's terms of this Article 118, restore the Base Building Building, Premises and such Common AreasProject. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas Project 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, provided that access to the Premises and any common restrooms serving the Project 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 ’s insurance required under Section 10.3 7.3 of this Lease allocable to the Tenant Improvements extent necessary to reimburse Landlord for all costs and expenses incurred by Landlord in connection with the Original Improvementsrepair of any such damage, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and 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 ’s insurance carrier, as assigned by TenantXxxxxx, plus the amount of insurance proceeds received by Landlord from Landlord’s insurance carrier to the extent allocable to damage of the Tenant Improvements and Alterations, the cost of such repairs repair shall be paid by Tenant on a progress-payment basis, but only after exhaustion of Xxxxxx’s and Xxxxxxxx’s insurance proceeds received by Landlord and allocable to Landlord prior to Landlord's commencement the damage 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 Alterations. In connection with such repairs and shall return such replacements, Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Noticeshall, 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 theretorelating, to the Tenant Improvements, and 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 Common Areas necessary to Tenant's ’s occupancy, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction Premises is due damaged such that the remaining portion thereof is not sufficient to allow Tenant to conduct is 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 negligence or willful misconduct of extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as a result of the date 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 therewithsubject 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 ---------------------------------------- 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 TCC's terms of this Article ------- 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 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 carried under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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 Landlordconnection with such repairs and replacements, 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. 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 common areas necessary to Tenant's occupancy, and if such damage is not the result of the 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 Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 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 reasonable control, and subject to all other TCC's terms of this Article 11, restore the Base Building ---------- Buildings 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 Buildings or Project or the Project. Notwithstanding any other modifications to the Common Areas deemed desirable by Landlordprovision of this Lease, provided that access to the Premises shall not be materially impaired. Upon upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICELandlord 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 allocable to the covering Tenant Improvements and the Original Improvements------------- that are fixtures, and Landlord shall repair any injury or damage to the Tenant Improvements installed in the Premises and the Original shall return such Tenant Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair of Tenant Improvements not originally constructed 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. 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 damage the Premises or Common Areas necessary to Tenant's occupancy, and if such damage is not the 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 Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that 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 or destruction is due to not the result of the negligence or willful misconduct of Tenant or any of its agentsthe Tenant Parties, employeesLandlord 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, contractorsand not occupied by Tenant as a result of the subject damage. Since Tenant is carrying business interruption insurance, invitees or guestsand Landlord is carrying rental-replacement insurance, and both parties shall carry earthquake insurance covering their respective interests in the Premises, Landlord and Tenant shall be responsible for any reasonablecooperate, applicable insurance deductible (which shall be payable each with the other, to Landlord minimize the impact of the casualty upon demand) and there shall be no rent abatementthe other party. In Further, in the 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 pursue in good faith) that the modifications will not deliver increase the Landlord Repair Notice, scope of work or the time necessary to complete the Tenant Improvements and may further condition its consent to Tenant's right agreement to rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined pay any excess costs caused by Landlord to be the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewithsuch modifications.

Repair of Damage to Premises by Landlord. 11.1.1 To the extent Landlord does not have actual knowledge of same, 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 Building or Phase IV 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 TCC's terms of this Article 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 laws, or any other modifications to the Common Areas common areas deemed reasonably desirable by Landlord, Landlord provided that access to the Premises and any common restrooms serving the Premises and reasonable access to the Parking Facilities shall not be materially impaired. Upon impaired thereby and such modifications do not modify the character of the Building as a first-class office building. 11.1.2 Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, upon within ten (10) days after notice (the "LANDLORD REPAIR NOTICE"“Landlord Repair Notice”) to Tenant from Landlord, if this Lease is not terminated, Tenant shall assign to Landlord (or to any party designated by Landlord) for the purpose of re-constructing such damaged portion(s) of the Premises and 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 ’s insurance required under Section 10.3 Sections 10.3.2 (ii) and (iii) above which pertain to the repair and restoration of this Lease allocable to the Tenant Improvements and the Original ImprovementsAlterations, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and Original Improvements Alterations to their original condition; provided that if (i) the cost of such repair by Landlord of such Tenant Improvements and Alterations (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 ’s insurance carrier, as assigned by Tenant, then the incremental cost differential of such repairs shall be paid by Tenant to Landlord prior to on a progress payment basis during Landlord's commencement ’s repair and replacement work (after exhaustion of insurance proceeds), and (ii) Tenant’s insurance proceeds shall be disbursed for all costs and expenses incurred by Landlord in connection with the 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 such damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements Alterations pursuant 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased disbursement procedure mutually approved by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 abatementTenant. 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 the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.Subject to

Repair of Damage to Premises by Landlord. (a) 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 16.2 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 TCC's terms of this Article 11XVI, restore the Base Building Premises, excluding Tenant’s Property and such Common AreasAlterations. 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 Superior Rights Holder or any other modifications to the Common Areas Premises outside of the Building deemed desirable by Landlord, which are consistent with the character of the Premises, provided that access to the Premises shall not be materially impairedimpaired by such modifications. Upon the occurrence of Tenant shall cooperate with Landlord in such manner as Landlord may reasonably request, at no cost to Tenant, to assist Landlord in collecting insurance proceeds due in connection with any damage to Casualty which affects the Premises, upon notice including providing requested information within ten (10) days after request. Landlord’s obligations under this Section 16.1(a) are subject to delays caused by any Tenant Parties (as defined in Section 5.1(e) above), Force Majeure, rights of Superior Rights Holders, Applicable Laws then-in- existence, delays for adjustment of insurance proceeds, and delays arising from the "LANDLORD REPAIR NOTICE") time needed for Tenant to Tenant from Landlordobtain 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 assign use diligent good faith efforts to obtain any and all Hazardous Materials Clearances as soon as reasonably possible. (b) Upon completion of restoration bv Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under as set forth in Section 10.3 of this Lease allocable to the Tenant Improvements and the Original Improvements, and Landlord shall 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; 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 Landlord16.1(a), Tenant shall, at its sole cost and expense, repair any injury or damage to Tenant’s Property and any Alterations (the Tenant Improvements and the Original Improvements installed in the Premises “Tenant’s Scope”) and shall return such Tenant Improvements and Original Improvements the same to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior 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. Under no circumstances shall Landlord be required to repair any damage to any part of the Tenant’s Scope, and Landlord shall select or make any repairs to or replacements of, the contractors to perform such improvement workTenant’s Scope. 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 TCC's terms of this Article 11, restore the Base Building Base, Shell, and Core of the Premises 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 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, 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 (ii) & (iii) of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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 Landlordconnection with such repairs and replacements, 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. 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 if such damage is not the 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 Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 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 TCC's terms of this Article 1111 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 deemed desirable by Landlord, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage Casualty to the Premises, and provided that this Lease is not terminated by Landlord or Tenant pursuant to the express provisions of this Lease, upon notice (the "LANDLORD REPAIR NOTICE"“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 ’s insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall also 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; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Landlord’s insurance carrier and from Tenant's ’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's ’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty thirty (6030) days following the date the casualty becomes known to Landlord, Landlord shall assign to Tenant all insurance proceeds payable to Landlord with respect to the Original Improvements and 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. 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence act or willful misconduct omission 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 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 assuming Tenant used reasonable due diligence in connection therewith).

Repair of Damage to Premises by Landlord. 11.1.1 To the extent Landlord does not have actual knowledge of same, 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 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 TCC's terms of this Article 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 laws, or any other modifications to the Common Areas common areas deemed reasonably desirable by Landlord, Landlord provided that access to the Premises, the Building H Parking Facilities and any common restrooms serving the Premises shall not be materially impaired. Upon impaired thereby and such modifications do not modify the character of the Building as a first-class office building. 11.1.2 Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, upon within ten (10) days after notice (the "LANDLORD REPAIR NOTICE"“Landlord Repair Notice”) to Tenant from Landlord, if this Lease is not terminated, Tenant shall assign to Landlord (or to any party designated by Landlord) for the purpose of re-constructing such damaged portion(s) of the Premises and 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 ’s insurance required under Section 10.3 Sections 10.3.2 (ii) and (iii) of this Lease allocable which pertain to the repair and restoration of the Tenant Improvements and the Original ImprovementsAlterations, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and Original Improvements Alterations to their original condition; provided that if (i) the cost of such repair by Landlord of such Tenant Improvements and Alterations (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 ’s insurance carrier, as assigned by Tenant, the incremental cost differential of such repairs shall be paid by Tenant to Landlord prior to on a progress payment basis during Landlord's commencement ’s repair and replacement work (after exhaustion of insurance proceeds), and (ii) Tenant’s insurance proceeds shall be disbursed for all costs and expenses incurred by Landlord in connection with the 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 such damage to the Tenant Improvements and Alterations pursuant to a disbursement procedure mutually approved by Landlord and Tenant. Subject to Section 10.6 above, as long as the Original damaged Tenant Improvements installed and Alterations in the Premises are repaired and/or restored, Tenant shall be entitled to retain any portion of the proceeds of the insurance described in Sections 10.3.2 (ii) and shall return (iii) in excess of the cost of such repairs and/or restoration. 11.1.3 In connection with such repairs and replacements, Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Noticeshall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’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 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 ’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 as a result thereof, then Landlord shall allow Tenant a proportionate abatement of Base Rent to the extent Landlord is reimbursed from the proceeds and Tenant’s Share of rental interruption insurance purchased by Landlord as part of increases in Operating Expenses, Tax Expenses and Utilities Costs during the time and to the extent Tenant is so prevented from using and does not use the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if less than all, but a substantial portion, of the damage or destruction Premises is due unfit for occupancy and the remainder of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from the negligence or willful misconduct portion of Tenant or any the Premises so damaged and such remaining portion, then the Base Rent and Tenant’s Share of its agentsincreases in Operating Expenses, employees, contractors, invitees or guests, Tenant Tax Expenses and Utilities Costs for the entire Premises shall be responsible abated for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatement. In the event such period 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 Tenant continues to be so prevented from using, and does not use, the date entire Premises. Tenant’s abatement period shall continue until Tenant should have completed repairs has been given reasonably sufficient time and reasonably sufficient access to the Premises assuming and/or the Building to install its property, furniture, fixtures and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction, and to move in over one (1) weekend. 11.1.4 Landlord shall use commercially reasonable efforts to minimize any such inconvenience, annoyance or interference to Tenant used reasonable due diligence in connection therewithresulting from Landlord’s repair of any damage pursuant to this 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 reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other TCC's terms of this Article ARTICLE 11, restore the Base Building base, shell and core of the Premises 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 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, provided that access to the Premises shall not be materially impaired. Upon Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICELandlord 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 carried under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury Injury or damage to the Tenant Improvements and the Original Improvements installed Installed in the Premises 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. 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 review and arid 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 result of the 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 Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises Promises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 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 TCC's terms of this Article 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 Building, 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 carried under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original Improvements(other than Tenant's personal property), and Landlord shall 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; 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 Landlordconnection with such repairs and replacements, 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. 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 common areas necessary to Tenant's occupancy, and if such damage is not the result of the 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 Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided. Notwithstanding anything to the contrary contained herein, further, however, that if (i) Landlord fails to deliver to Tenant a written estimate within forty-five (45) days from the date of discovery of the damage that the repairs required to be made are reasonably estimated to take more no more than one hundred eighty (180) days from such date of discovery to complete, or destruction is due to (ii) the negligence or willful misconduct repairs have not been completed (aside from minor, punch-list items) within one hundred eighty (180) days from the date of Tenant or any discovery of its agentsthe damage, employeesthen, contractors, invitees or guestsin either such event, Tenant may elect to terminate this Lease, by notifying Landlord in writing of such termination (a) within thirty (30) days of receipt of Landlord's estimate (or the lapse of the 45-day response period, as applicable); or (b) within thirty (30) days after the lapse of the 180-day repair period (unless the repairs have been completed by the date of Tenant's termination notice, in which event the termination shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatementvoid). In the event that Landlord shall not deliver the Landlord Repair Noticesuch event, Tenant's right to rent abatement pursuant to the preceding sentence this Lease shall terminate as of the date which is reasonably determined by Landlord to of Tenant's termination notice, and the respective rights and obligations of the parties shall be as specified in the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith.final sentence of Section 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 serving necessary to Tenant’s use of or providing access to the Premises shall be damaged by fire or other casualty, within sixty (60) days following Landlord’s discovery of the damage or destruction, Landlord shall promptly give notice to Tenant (the “Landlord Casualty Notice”) setting forth (a) the estimated time required, in the reasonable opinion of Landlord’s contractor, for the completion of repairs and diligentlyrestoration, and (b) whether or not Landlord elects, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other TCC's terms of this Article 11, to restore the Base Building and such Common Areas, the Tenant Improvements, Original Improvements and Alterations made to the Premises by Tenant. 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially modified or impaired. Upon the occurrence of any damage to the Premises, if this Lease is not terminated, 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 ’s insurance required under item (ii) of Section 10.3 10.4 of this Lease allocable which pertain to the Tenant Improvements and the Original Improvementswork to be performed by Landlord, and Landlord shall repair any injury or damage to the Tenant Improvements Improvements, Alterations and the Original Improvements installed in the Premises and shall return such Tenant Improvements 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 ’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, upon receipt of the appropriate conditional and/or unconditional lien releases, or, in the event Tenant is not the Original Tenant, then prior to Landlord's ’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. Whether or not Landlord delivers a Landlord Repair Notice, prior 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 shall, in its reasonable discretion, 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 a portion thereof or Common Areas necessary to Tenant's occupancy’s access to or occupancy of the Premises, then Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, 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; provided, further, however, that if the 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 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 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 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 TCC's terms of this Article 11, 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, provided that access to the Premises shall not be materially impaired. Upon upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant Premises resulting from Landlordfire or other 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 as to items of property described in clause (ii) of Section 10.3 of this Lease allocable to 10.2.2, and Landlord shall return the Tenant Improvements and Alterations to their original condition (provided that Tenant will have reasonable approval of the Original Improvements, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return construction drawings for such Tenant Improvements and Original Improvements to their original conditionAlterations); provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’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 ’s repair of the damage. In the event that there are any excess insurance proceeds from Tenant’s insurer, Landlord does not deliver the Landlord Repair Notice will refund such excess to Tenant 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 a reasonable time after the Tenant Improvements and Alterations are rebuilt. In the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior 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 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 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 Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 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 TCC's terms of this Article 11, restore the Base Building base building, 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 building, shell and core of the Common Areas Premises and common areas prior to the casualty, except for modifications thereto (i) required by zoning and building codes and other laws laws, or (ii) reasonably required by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas reasonably deemed desirable by Landlord, provided that (A) access to any common restrooms serving the Premises and Tenant's access to and use of the Premises shall not be materially impaired, and (B) such base building, shell and core and common areas will be in a condition that is equal or better than the condition of such items immediately prior to the damage and destruction. Upon 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 Landlordif 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 Sections 10.3.2(ii) and (iii) of this Lease allocable to the Tenant Improvements extent necessary to reimburse Landlord on a progress payment basis for all costs and expenses incurred by Landlord in connection with the Original Improvementsrepair of any such damage, and Landlord shall repair any injury or damage to the Tenant Improvements leasehold improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements leasehold improvements and 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, plus the amount of insurance proceeds received by Landlord from Landlord's insurance carrier to the extent allocable to damage of the leasehold improvements and Alterations, the cost of such repairs repair shall be paid by Tenant to Landlord prior to on a progress-payment basis, but only after exhaustion of Tenant's and Landlord's commencement of repair insurance proceeds received by Landlord and allocable to the damage of the damageleasehold improvements and Alterations. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlordconnection with such repairs and replacements, 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. 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 Tenant and Landlord shall select the general contractor to perform such improvement work and if they do not agree as to the identity of the general contractor, Landlord shall select the general contractor on the basis of a reputation for high quality work, integrity, timeliness of performance and financial stability, and, if commercially reasonable and practicable under the circumstances, after competitively bidding such improvement work to at least three (3) general contractors designated by Landlord (with respect to any such competitive bidding procedure, Landlord shall select as the general contractor to perform such improvement work, the general contract submitting the lowest bid and is able to meet Landlord's commercially reasonable schedule for the performance of such improvement work). Landlord shall not be liable for any inconvenience or annoyance to Tenant 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] 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 of or access to the Premises, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent to which Tenant is denied access to the Premises and/or to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage Premises 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 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 common areas providing access to the Premises assuming are damaged such that the portion of the Premises which is fit for occupancy and to which Tenant used reasonable due diligence in connection therewithis permitted access 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 during the time and to the extent Tenant is denied access to the Premises and/or the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result of the subject damage.

Repair of Damage to Premises by Landlord. Tenant shall promptly ---------------------------------------- notify Landlord of any damage to the Premises or the Building resulting from fire fire, earthquake, explosion, flood, wind, civil disturbance, or any other casualtyevent of a sudden, unexpected nature ("Casualty"). If the Premises or any Common Areas serving or providing access to the Premises Building shall be damaged by fire Casualty, within sixty (60) days following Landlord's discovery of the damage or other casualtydestruction, Landlord shall promptly and diligentlygive notice to Tenant (the "Landlord Casualty Notice") setting forth the estimated time required, subject to in the reasonable delays for insurance adjustment opinion of Landlord's designated licensed civil engineer, structural engineer or other matters beyond Landlord's reasonable controlappropriate (given the nature of the damage) licensed professional (the "Construction Professional"), for the completion of repairs and subject to all other TCC's of this Article 11, restore the Base Building and such Common Areasrestoration. Such repair and restoration shall be to substantially the same condition of the Tenant Improvements, Alterations, Original Improvements, Premises and 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 Applicable Laws. If this Lease is not terminated pursuant to the Common Areas deemed desirable by Landlord, provided that access to the Premises shall not be materially impaired. Upon the occurrence of any damage to the PremisesSection 11.2 below, 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 item (a) of Section 10.3 10.3.1 of this Lease allocable which pertain to the Tenant Improvements and the Original Improvementswork to be performed by Landlord, and Landlord shall diligently repair any injury or damage to the Base Building and the Tenant Improvements Improvements, Alterations and the Original Improvements installed in the Premises in a good and shall return such professional manner. If the cost of repairs to the Tenant Improvements 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 Landlord's insurance carrier or 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, upon receipt of the appropriate conditional and/or unconditional lien releases, or, in the event Tenant is not the Original Tenant or a Permitted Transferee Assignee, then if reasonably required by Landlord based on the creditworthiness of Tenant, prior to Landlord's commencement of repair of the damage. In ; provided, however, that if the event damage was caused by an earthquake, then the amount that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known Tenant is required to Landlord, Tenant shall, at its sole cost and expense, pay to repair any injury or uninsured damage to the Tenant Improvements Improvements, Alterations and the Original Improvements shall only pertain to any non-Building standard, non-general office improvements that Tenant requires to be installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original conditionPremises. Whether or not Landlord delivers a Landlord Repair Notice, prior 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 shall, in its reasonable discretion, 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 provided, however, that if such fire or other casualty Casualty shall have damaged the Premises or Common Areas a portion thereof necessary to Tenant's occupancyaccess to or occupancy of the Premises, then Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, 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; provided. For purposes of clarification, furtherthe parties agree that the Premises or portions thereof shall not be deemed occupied for purposes of Rent abatement even if workstations and furniture remains therein, however, that if the 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 abatementso long as persons do not conduct normal business operations in such areas. In the event that Landlord shall not deliver use commercially reasonable efforts to minimize interference with the Landlord Repair Notice, conduct of 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 business in the Premises assuming Tenant used reasonable due diligence in connection therewithwith the performance of any repair and restoration work following a Casualty.

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 Project serving or providing access to the Premises shall be damaged by fire or other casualtycasualty within sixty (60) days after the damage, Landlord shall provide Tenant with a written notice providing Tenant with the estimated date of completion of the repairs (the “Estimated Completion Date”). 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 TCC's terms of this Article 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 Project and/or the Building, or Project the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, 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 ’s insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the Tenant Improvements tenant improvements and the Original Improvements alterations installed in the Premises and shall return such Tenant Improvements tenant improvements and Original Improvements alterations to their original condition; provided that if the cost costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's ’s insurance carrier, as assigned by Tenant, the cost excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of ’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 Landlordconnection with such repairs and replacements of any such tenant improvements and Alterations, 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. Whether or not Landlord delivers a Landlord Repair Notice, prior to the Landlord’s commencement of constructionsuch improvement work, 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 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 Base Rent and Xxxxxx’s Share of Operating Expenses, Tax Expenses and Utilities Costs to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant Xxxxxx as a result thereof; provided, further, however, that if the 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 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 assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify ---------------------------------------- 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 TCC's of this Article 11, 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, provided that access to 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 allocable to the ------------ Tenant Improvements and the Original Improvements, and Landlord shall 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; 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. 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 ---------------------------------------- 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 TCC's terms of this Article ------- 11, restore the Base Building damaged areas (excluding, however, Tenant's property including -- trade fixtures, furnishings, equipment and such Common Areasall other items of personal property). Such restoration shall be to substantially the same condition of the Base Building and the Common Areas existing 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 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impairedimpaired and provided further that the overall quality and appearance is not diminished. Upon 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) SUMMIT 85 ENTERPRISE [Xxx.xxx] all insurance proceeds payable to Tenant under Tenant's insurance required carried under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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 Landlordconnection with such repairs and replacements, 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. 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 common areas necessary to Tenant's occupancy, and if such damage is not the result of the 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 Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 assuming Tenant used reasonable due diligence in connection therewith.

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 reasonable control, and subject to all other TCC's terms of this Article 11, 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 Landlordlaws, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon Tenant shall promptly notify Landlord upon the occurrence of any damage to the PremisesPremises resulting from a Casualty, upon and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the "LANDLORD REPAIR NOTICELandlord 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 10.3.2(ii) and (iii) of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and the Original Improvements to their original conditioncondition as reasonably modified by Tenant; 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 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 conditionPremises. 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 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 workwork (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 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, Landlord shall allow and the Premises is not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet of the Premises, provided further if so much of the Premises is damaged so that Tenant or any of is objectively prevented from effectively conducting its agentsbusiness from the entire Premises, employees, contractors, invitees or guests, Tenant then Rent shall be responsible abated for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand) and there shall be no rent abatementthe entire Premises. 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 the date 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) 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 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, within sixty (60) days following notice to Landlord of the damage or destruction, Landlord shall give notice to Tenant if Landlord elects, promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other TCC's terms of this Article 11, to restore the Base Building (excluding any Existing Improvements) and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building (excluding any Existing 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 (30) Mountain View Research ParkNeuropace, Inc. or Project or any other modifications to the Common Areas deemed desirable by Landlord, 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"“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 ’s insurance required under Section 10.3 10.4 of this Lease allocable but only to the extent the same apply to the Base Building (excluding any Existing Improvements) or Common Area to be restored or repaired by Landlord (and expressly excluding proceeds received by Tenant Improvements and the Original Improvementswhich are applicable to Tenant’s Personal Property), if any, and Landlord Tenant, not Landlord, shall repair any injury or damage to the Tenant Improvements installed in the Premises, the existing improvements as of the date of this Lease (unless removed or demolished in connection with the construction of the Tenant Improvements or any later Alterations) (the “Existing Improvements”) and the Original Improvements installed other improvements in the Premises and shall return such Tenant Improvements Improvements, Existing Improvements, Alterations and Original Improvements other such 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 condition 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 conditionevent. Whether or not Landlord delivers a Landlord Repair Notice, prior 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 with respect to the improvements to be repair and/or restored by Tenant pursuant to this Article 11, and Landlord shall select 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 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, provided that such abatement of Rent shall be allowed only to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and Expenses or otherwise paid to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereofLandlord; provided, provided further, however, that if the 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 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 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 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 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 TCC's terms of this Article 11, 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 reasonably desirable by Landlord. Notwithstanding any other provision of this Lease, provided that access to the Premises shall not be materially impaired. Upon upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant Premises resulting from Landlordfire or other 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 as to items of property described in clause (ii) of Section 10.3 of this Lease allocable to 10.2.2, and Landlord shall return the Tenant Improvements and the Original Improvements, and Landlord shall 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 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 ’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 ’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 Building or Common Area occurs as a result of the gross negligence or willful misconduct of Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Noticeand/or its agents, prior to the commencement of constructioncontractors, employees and/or invitees, 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, Landlord there shall allow Tenant be a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and that portion of the Premises is not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 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 811311.04/WLA 378421-00002/2-14-20/mem/mem -31- 000 XXXXXXX XXXXXXXXX [Akero Therapeutics, Inc.] other TCC's terms of this Article 11, 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, 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"“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 ’s insurance required under item (ii) of Section 10.3 10.4 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's ’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. 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 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 to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, 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; , provided, further, however, that if the damage or destruction is due to the gross negligence or willful misconduct of Tenant or any of its agents, employees, employees or contractors, invitees or guests, then 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 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 common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, within sixty (60) days of notice to Landlord of the damage or destruction, Landlord shall give notice to Tenant that Landlord elects, promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other TCC's terms of this Article 11, to restore the Base Base, Shell, and Core of the Premises and improvements to the Building not built by or for a tenant (collectively, the "Base, Shell and Core") and such Common Areascommon areas and the Tenant Improvements and Alterations made to the Premises by Tenant. Such restoration shall be to substantially the same condition of the Base Building Base, Shell, and the Common Areas Core 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 Building, 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 Landlordif this Lease is not terminated as a result thereof, 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 allocable which pertains to the Tenant Improvements and the Original Improvementswork to be performed by Landlord, and Landlord shall 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; 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 in accordance with a reasonable progress payment schedule. Upon Landlord's request, such insurance proceeds will be placed in an escrow account or other account reasonably acceptable to Tenant, subject to a progress payment disbursement procedure reasonably acceptable 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 Landlordconnection with such repairs and replacements, 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. 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. 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 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, Landlord shall allow Tenant a proportionate an abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased permitted by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 assuming Tenant used reasonable due diligence in connection therewithSection 19.9 below.

Repair of Damage to Premises by Landlord. Tenant The TCCs of this Article 11 shall promptly ---------------------------------------- notify Landlord of any damage to not be applicable during the Premises resulting from fire or any other casualtyConstruction Period. 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 TCC's TCCs of this Article 11, 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, provided that access to the Premises laws. Tenant shall not be materially impaired. Upon promptly notify Landlord upon the occurrence of any damage to the PremisesPremises resulting from a Casualty, upon and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the "LANDLORD REPAIR NOTICE"“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 ’s property insurance required under items (ii) and (iii) of Section 10.3 10.3.2 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant 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 ’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 borne by Tenant and paid by Tenant (in proportion to Landlord prior to the total cost of repair) as the repair or restoration work progresses. However, all such work will be competitively bid by 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 Casualty becomes known to Landlord, Tenant shall, using the proceeds of Tenant’s insurance (and at its sole cost and expense, to the extent in excess of such insurance) 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, or an alternate condition selected by Tenant (but subject to Landlord’s prior written approval, in accordance with the TCCs of Article 8). 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 approve the general contractors selected by Tenant to perform such improvement workwork (which approval shall not be unreasonably withheld, conditioned 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 Premises or Common Areas necessary to Tenant's ’s occupancy, Landlord shall allow and the Premises or a material portion thereof is not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Permitted Use bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 assuming Tenant used reasonable due diligence in connection therewiththerewith (taking into account any Force Majeure events or conditions affecting completion). The TCCs of this Section 11.1 shall survive the expiration or earlier termination of this Lease.

Repair of Damage to Premises by Landlord. 11.1.1 To the extent Landlord does not have actual knowledge of same, Tenant shall promptly ---------------------------------------- notify Landlord after Xxxxxx 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 Phase IV 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 TCC's terms of this Article 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 laws, or any other modifications to the Common Areas common areas deemed reasonably desirable by Landlord, Landlord provided that access to the Premises, the Phase IV Parking Facilities and any common restrooms serving the Premises shall not be materially impaired. Upon impaired thereby and such modifications do not modify the character of the Building as a first-class office building. 11.1.2 Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, upon within ten (10) days after notice (the "LANDLORD REPAIR NOTICE"“Landlord Repair Notice”) to Tenant from Landlord, if this Lease is not terminated, Tenant shall assign to Landlord (or to any party designated by Landlord) for the purpose of re-constructing such damaged portion(s) of the Premises and 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 who will effect such repair) 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 ’s insurance required under Section 10.3 Sections 10.3.2 (ii) and (iii) of this Lease allocable which pertain to the repair and restoration of the Tenant Improvements and the Original ImprovementsAlterations, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and Original Improvements Alterations to their original condition; provided that (i) if the cost of such repair by Landlord of such Tenant Improvements and Alterations (based on competitive pricing by all contractors and subcontractors and without any profit mark-up or supervision fees to Landlord) exceeds the amount of insurance proceeds received by Landlord from Tenant's ’s insurance carrier, as assigned by Tenant, the incremental cost differential of such repairs shall be paid by Tenant to Landlord prior to on a progress payment basis during Landlord's commencement ’s repair and replacement work (after exhaustion of insurance proceeds), and (ii) Tenant’s insurance proceeds shall be disbursed for all costs and expenses incurred by Landlord in connection with the 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 such damage to the Tenant Improvements and Alterations pursuant to a disbursement procedure mutually approved by Landlord and Tenant. Subject to Section 10.6 above, as long as the Original damaged Tenant Improvements installed and Alterations in the Premises are repaired and/or restored, Tenant shall be entitled to retain any portion of the proceeds of the insurance described in Sections 10.3.2 (ii) and shall return (iii) in excess of the cost of such repairs and/or restoration. Tenant may elect not to rebuild any Tenant Improvements or Alterations which Tenant must remove upon Lease expiration. 11.1.3 In connection with such repairs and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Noticereplacements, Tenant shall, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’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 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 ’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 as a result thereof, then Landlord shall allow Tenant a proportionate abatement of Base Rent to the extent Landlord is reimbursed from the proceeds and Tenant’s Share of rental interruption insurance purchased by Landlord as part of increases in Operating Expenses, Tax Expenses and Utilities Costs during the time and to the extent Tenant is so prevented from using and does not use the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if less than all, but a substantial portion, of the Premises is unfit for occupancy and the remainder of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from the portion of the Premises so damaged and such remaining portion, then the Base Rent and Tenant’s Share of increases in Operating Expenses, Tax Expenses and Utilities Costs for the entire Premises shall be abated for such period that Tenant continues to be so prevented from using, and does not use, the entire Premises. Notwithstanding the foregoing to the contrary, use of the Data Center shall not constitute use of the Premises by Tenant for purposes of determining the amount and extent of rent to be abated hereinabove. Tenant’s abatement period shall continue until Tenant has been given reasonably sufficient time and reasonably sufficient access to the Premises and/or the Building to install its property, furniture, fixtures and equipment to the extent the same shall have been removed and/or damaged as a result of such damage or destruction, and to move in over one (1) weekend. 11.1.4 Notwithstanding anything to the contrary herein, Tenant may elect to construct its own Tenant Improvements and Alterations in connection with any repair and restoration of the Premises following any such damage or destruction thereto, and may retain all insurance proceeds from Tenant’s insurance policies insuring Tenant’s Alterations and Tenant Improvements in the Premises for such purpose, so long as the damaged Tenant Improvements and Alterations are repaired and/or restored diligently, in compliance with all Laws and lien-free, and all costs thereof are timely paid by Xxxxxx. In the event the insurance proceeds from Tenant’s insurance policies are insufficient to pay for the cost of such repairs to Tenant’s Alterations and Tenant Improvements in the Premises (and such insufficiency is not due to Tenant’s failure to maintain the negligence or willful misconduct insurance required under Section 10.3.2.(ii) above), then Landlord shall make available to Tenant any shortfall thereof actually received by Landlord from Landlord’s insurance maintained as part of Operating Expenses so long as Tenant or any uses such proceeds to complete such repairs and restoration work. Such repair and restoration shall comply with the provisions of its agents, employees, contractors, invitees or guestsArticle 8 above. During Xxxxxx’s performance of such repair and restoration work of the Tenant Improvements and Alterations, Tenant shall be responsible for any reasonableentitled to an abatement of rent as and to the extent provided in Section 11.1 above, applicable insurance deductible (which shall be payable to but not beyond the period or the amount that Tenant would have been entitled had Landlord upon demand) and there shall be no rent abatement. In the event that performed such work in a diligent manner. 11.1.5 Landlord shall not deliver the Landlord Repair Noticeuse commercially reasonable efforts to minimize any such inconvenience, Tenant's right annoyance or interference to rent abatement Tenant resulting from Landlord’s repair of any damage 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 assuming Tenant used reasonable due diligence in connection therewiththis 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 reasonable delays for insurance adjustment or other matters matter’s beyond Landlord's ’s reasonable control, and subject to all other TCC's terms of this Article 11, 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, 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"“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 ’s insurance required under Section 10.3 10.3.2 (ii) and (iii) of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the Tenant Improvements and Improvements, the Original Improvements installed in the Premises all other improvements, alterations and additions to the Premises and shall return such Tenant Improvements, Original Improvements and Original Improvements all other improvements, alterations and additions to the Premises 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 ’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's ’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. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall shall, upon receipt of written request from Landlord, 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, Landlord shall allow Tenant a an equitable, proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if to the extent the damage or destruction is due to the negligence or willful wilful misconduct of Tenant or any of its agents, employees, employees or 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's Txxxxx’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 assuming Tenant used 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 TCC's terms of this Article 11, 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"“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 ’s insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's ’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. 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, Landlord shall allow Tenant a proportionate abatement general office tenant perspective) and at least fifty percent (50%) of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and is not occupied by Tenant as a result thereof; provided, further, however, that if then during the damage or destruction is due time and to the negligence or willful misconduct extent that the applicable portion of Tenant or any of its agentsthe Premises is unfit for occupancy, employees, contractors, invitees or guests, Tenant the Rent shall be responsible abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for any reasonable, applicable insurance deductible occupancy (which shall be payable and is not occupied) for the purposes permitted under this Lease bears to Landlord upon demand) and there shall be no rent abatementthe total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 assuming Tenant used reasonable due diligence in connection therewith.. -00- XXXXXX XXXXXX XXXXXX CENTRE DEL MAR [Santarus, Inc.]

Repair of Damage to Premises by Landlord. To the extent Landlord does not have actual knowledge of same, 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 Building or 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 TCC's terms of this Article 11, restore the base building, as set forth on Schedule 2 attached to the Tenant Work Letter (the “Base Building Building”) elements of the Premises and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building of the 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 or Project Laws, or any other modifications to the Common Areas common areas deemed reasonably desirable by LandlordLandlord 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 thereby. Upon Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Landlord shall have the right, upon written notice (the "LANDLORD REPAIR NOTICE"“Landlord Repair Notice”) to Tenant from Landlord, to require that Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's ’s insurance required under Section 10.3 Sections 10.2.6 (ii) of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and in which event Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and Original Improvements Alterations to their original condition; provided that if the cost Actual Cost of such repair by Landlord (based on competitive pricing without any profit or xxxx-up or supervision fee to Landlord or its Affiliates) exceeds the amount of insurance proceeds received by Landlord from Tenant's ’s insurance carrier, as assigned by Tenant, the excess cost of such repairs shall be paid by Tenant to Landlord prior to on a progress payment basis during Landlord's commencement of ’s repair of the damage. 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 a disbursement procedure mutually approved by Landlord and Tenant. As long as the Tenant Improvements and Alterations in the Premises are rebuilt, Tenant shall be entitled to retain any portion of the proceeds of the insurance described in Sections 10.2.6 (ii) in excess of the cost of such restoration. 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 this Section 11.1. 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 this Article 11, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and Original Improvements Alterations to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, if this Lease does not terminate pursuant to Section 11.2 below or for any other reason, Tenant shall shall, prior to the commencement of construction, submit to Landlord, for Landlord's ’s reasonable review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the non-affiliated independent third party 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 visitorsthe Tenant Parties, or injury to Tenant's ’s or any Tenant’s Parties’ 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 Tenant's occupancyreasonably use the Premises for the same use(s) which Tenant was conducting from within the Premises immediately prior to such casualty, and the Premises (or a portion thereof) are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for the same use(s) which Tenant was conducting from within the Premises immediately prior to such casualty, the Rent shall be abated (including, in the event that Tenant performs such repairs, abatement during a commercially reasonable period of build-out time and a weekend to move-in) in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for the same use(s) which Tenant was conducting from within the Premises immediately prior to such casualty bears to the total rentable square feet of the Premises; 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 proportionate total abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Leasesame use(s) which Tenant was conducting from within the Premises immediately prior to such casualty, and not occupied by Tenant as a result thereof; providedof the subject damage (including, furtherin the event that Tenant performs such repairs, however, that if the damage or destruction is due abatement during a commercially reasonable period of build-out time and a weekend 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 abatementmove-in). In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 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 common areas of the Building or Project serving or providing access to the Premises shall be damaged by fire or other casualty, within sixty (60) days of the damage, Landlord shall notify Tenant of the estimated date of completion of the repair (“Estimated Repair Completion Date”). 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 TCC's terms of this Article 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 Project and/or the Building, or Project the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, 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 ’s insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the Tenant Improvements tenant improvements and the Original Improvements alterations installed in the Premises and shall return such Tenant Improvements tenant improvements and Original Improvements alterations to their original condition; provided that if the cost costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's ’s insurance carrier, as assigned by Tenant, the cost excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of ’s repair of the damage, unless Tenant elects to terminate this Lease in accordance with (and pursuant to) the provisions of this Article. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlordconnection with such repairs and replacements of any such tenant improvements and Alterations, 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. Whether or not Landlord delivers a Landlord Repair Notice, prior to the Landlord’s commencement of constructionsuch improvement work, 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 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 Base Rent and Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 Building or other portion of the Project resulting from fire or any other casualty. If the Premises such Building or any Common Areas serving or providing access to the Premises such Building 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 TCC's terms of this Article 11, restore the Base Base, Shell, and Core of such Building 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 the Common Areas prior to the casualtycasually, 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 LandlordLandlord and reasonably approved by Tenant, provided that access to the Premises Building shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant from Landlordsuch Building, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's ’s physical damage and property damage insurance required under Section 10.3 of this Lease allocable (excluding, however, proceeds payable with respect to any damage to Tenant’s furniture, equipment and other personal property on the Tenant Improvements and the Original ImprovementsPremises), and Landlord shall 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 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 ’s insurance carrier, as assigned by Tenant, plus the amount of insurance proceeds received by Landlord from Landlord’s insurance carrier to the extent allocable to damage of such Tenant Improvements and Alterations, the cost of such repairs shall be paid by Tenant to Landlord in reasonable progress payments as Landlord repairs the damage (provided that if any mortgage holder or deed of trust beneficiary so requires, Tenant shall deposit such cost of repairs with such mortgage holder or deed of trust beneficiary prior to Landlord's the commencement of repair by Landlord of such injury or damage, in which case Tenant shall be entitled to interest on such funds to the damageextent permitted by such lender). In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlordconnection with such repairs and replacements, 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. 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 (subject to Tenant’s approval thereof, not to be unreasonable withheld or delayed (as indicated in Section 29.4 below)) 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 Building or Common Areas necessary to Tenant's ’s occupancy, Landlord shall allow Tenant a proportionate abatement of Base Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are Building is unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereofthereof for the conduct of Tenant’s business; provided, further, however, that if such damage is the damage or destruction is due to result of the negligence or willful misconduct of Tenant or any of its agents, Tenant’s employees, contractors, invitees licensees or guestsinvitees, Tenant such abatement of Base Rent 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant apply only to the preceding sentence shall terminate as extent Landlord is reimbursed from the proceeds of the date which is reasonably determined rental interruption insurance purchased by Landlord to be the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewithas a part of 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 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 TCC's terms of this Article 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 Building, 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 reasonably necessary by LandlordLandlord (provided that, provided if there are insufficient insurance proceeds to cover any increase in cost as a result of such modifications to the common areas that are not required by zoning and building codes and other laws, when compared to the cost of restoring the common areas to the condition existing immediately prior to such casualty (the "Differential"), the Differential shall not be deemed an Operating Expense and passed through to Tenant); and provided, further, 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 provided this Lease is not terminated pursuant to Sections 11.2 or 11.3 below, Tenant may elect to either (i) restore the damaged Tenant Improvements and/or Alterations (collectively, "LANDLORD REPAIR NOTICEDamaged Improvements") itself in compliance with Article 8 above, or (ii) require Landlord to restore the Damaged Improvements, which upon completion, such Damaged Improvements will comply with Section 8.2, provided that if Tenant from Landlordelects to require Landlord to restore the Damaged Improvements, then Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required carried under Section 10.3 of this Lease allocable and Tenant shall pay the Differential with respect to the Tenant Improvements and the Original Improvements, and Landlord shall 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; 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 such 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. 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 If such fire or other casualty shall have damaged the Premises or Common Areas common areas necessary to Tenant's occupancy, Landlord shall allow Tenant a proportionate abatement and if such damage is not the result of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or willful misconduct of Tenant or any of its agents, Tenant's employees, contractors, invitees licensees, or guestsinvitees, Tenant from and after the date of such damage, Rent shall be responsible xxxxx 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's right to rent abatement pursuant to the preceding sentence shall terminate as portion of the date which Premises that is reasonably determined untenantable and not used by Landlord to be the date Tenant should have completed repairs to until the Premises assuming Tenant used reasonable due diligence in connection therewith.have been

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 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 reasonable control, and DOCPROPERTY "Document number" 4879-3072-0534. DOCPROPERTY "Document version" 3 DOCPROPERTY "Client" 391132. DOCPROPERTY "Matter" 00001/ SAVEDATE \@ M-d-yy U48er IniP/ DOCPROPERTY "User Init" jll/ DOCPROPERTY "Typist Init" jll -15- DOCPROPERTY "Footer Notes" THE BEACON[Palisade Bio, Inc.] subject to all other TCC's terms of this Article 11, 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. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICELandlord 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 allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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 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, provided that, in such event, Tenant shall have no obligation to assign any insurance proceeds whatsoever to Landlord. 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 a Casualty shall have damaged the Premises or Common Areas necessary to Tenant's occupancy, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Premises. 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 the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith. Notwithstanding any contrary provision of this Article 11, 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 the physical or structural integrity of the Premises, 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 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 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 TCC's terms of this Article 11, 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 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 ’s insurance required carried under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’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 ’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 Landlordconnection with such repairs and replacements, 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. 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 Building or other portion of the Project resulting from fire or any other casualty. If the Premises such Building or any Common Areas serving or providing access to the Premises such PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Building 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 TCC's terms of this Article 11, restore the Base Base, Shell, and Core of such Building 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 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 LandlordLandlord and reasonably approved by Tenant, provided that access to the Premises Building shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant from Landlordsuch Building, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's physical damage and property damage insurance required under Section 10.3 of this Lease allocable (excluding, however, proceeds payable with respect to any damage to Tenant's furniture, equipment and other personal property on the Tenant Improvements and the Original ImprovementsPremises), and Landlord shall 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 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, plus the amount of insurance proceeds received by Landlord from Landlord's insurance carrier to the extent allocable to damage of such Tenant Improvements and Alterations, the cost of such repairs shall be paid by Tenant to Landlord in reasonable progress payments as Landlord repairs the damage (provided that if any mortgage holder or deed of trust beneficiary so requires, Tenant shall deposit such cost of repairs with such mortgage holder or deed of trust beneficiary prior to Landlord's the commencement of repair by Landlord of such injury or damage, in which case Tenant shall be entitled to interest on such funds to the damageextent permitted by such lender). In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlordconnection with such repairs and replacements, 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. 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 (subject to Tenant's approval thereof, not to be unreasonable withheld or delayed (as indicated in Section 29.4 below)) 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 Building or Common Areas necessary to Tenant's occupancy, Landlord shall allow Tenant a proportionate abatement of Base Rent during the time and to the extent the Building is unfit for occpancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof for the conduct of Tenant's business; provided, however, that if such damage is the result of the negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees or invitees, such abatement of Base Rent shall apply only to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as a part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 common areas of the Building or Project serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall notify Tenant of the estimated date of completion of the repair ("Estimated Repair Completion Date"). 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 TCC's terms of this Article 11, restore the Base Building Premises, including the Tenant Improvements and Landlord's Work, 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, the Tenant Improvements, Landlord's Work 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 Project and/or the Building, or Project the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, 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 allocable attributable to the Tenant Improvements and the Original ImprovementsAlterations made by Tenant, and Landlord shall repair any injury or 879352.05/SD374622-00001/3-28-19/MLT/bp -23- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] damage to the Tenant Improvements and the Original Improvements such Alterations installed in the Premises and shall return such Tenant Improvements and Original Improvements alterations to their original condition; provided that if the cost costs of such repair of such Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the cost excess costs 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 Landlordconnection with such repairs and replacements of any such Alterations, 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. Whether or not Landlord delivers a Landlord Repair Notice, prior to the Landlord's commencement of constructionsuch improvement work, 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, Landlord shall allow Tenant a proportionate abatement of Base Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part and Tenant's Share of Operating Expenses, Tax Expenses and Utilities Costs during the time and to the extent the Premises are unfit unusable by Tenant for occupancy for the its business purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 assuming Tenant used 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 material damage to the Premises resulting from fire or any other casualty. If the Project, the Building, Premises or any Common Areas serving (or any improvements contained in any of the same) serving, providing access to to, or otherwise affecting Tenant’s use and enjoyment of 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 TCC's terms of this Article 11, restore the Base Project, the Building and such Common AreasAreas (other than Tenant Improvements within the Premises). Such restoration shall be to substantially materially the same condition of the Base Building Project, the Building, the Premises and the Common Areas immediately 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any material damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE"“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 ’s insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the reasonable estimated cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’s insurance carrier, as assigned by Tenant, Landlord shall so advise Tenant and provide supporting documentation evidencing such estimated cost, and the cost uninsured costs of such repairs shall be paid by Tenant to Landlord Landlord, prior to Landlord's ’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 not be required to assign to Landlord (or to any party designated by Landlord) the insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3 of this Lease and Tenant shall, subject to reasonable delays for insurance adjustment or other matters beyond Tenant’s reasonable control, and subject to all other terms of this Article 11, 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 conditionPremises. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord's ’s reasonable review and approval, all plans, specifications and working drawings relating thereto; the work with respect to any such construction shall be performed in accordance with Article 8 hereof. Except as otherwise provided in this Lease, 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 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 TCC's terms of this Article 11, 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, provided that access to the Premises shall not be materially impaired. Upon the occurrence of and any damage to common restrooms serving the Premises, upon notice (the "LANDLORD REPAIR NOTICELandlord 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 allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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. 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or willful 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 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 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 TCC's terms of this Article 11, 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 shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICELandlord 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 allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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. 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, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Premises. 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 the 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 ---------------------------------------- notify Landlord of any damage to the Premises resulting from fire or any other casualty. Within sixty (60) days after the date Landlord learns of the necessity for repairs as a result of damage, Landlord shall notify Tenant ("DAMAGE REPAIR ESTIMATE") of Landlord's estimated assessment of the period of time in which the repairs will be completed, which assessment shall be based upon the opinion of a contractor reasonably selected by Landlord and experienced in comparable repairs of comparable buildings. The Damage Repair Estimate shall also specify the date ("REPAIR COMMENCEMENT DATE") upon which repairs would need to be commenced in order to be completed within the estimated repair period. 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 TCC's terms of this Article 11, restore the Base Building structure, the base, shell, and core of the Premises (i.e., the Premises other than Tenant Improvements, Alterations and Tenant's personal property) 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 laws or by the holder of a mortgage on the Building Building, 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 deemed desirable by Landlord, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 under Section 10.3 Sections 10.3.2(ii) and (iii) of this Lease allocable to cover the Tenant Improvements and the Original Improvementsany Alterations, and Landlord shall 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; 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 Landlordconnection with such repairs and replacements, 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. 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. 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 for, but shall use reasonable efforts to minimize, 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, Landlord shall allow Tenant a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating ExpensesRent, during the time and to the extent (a) the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 demandb) and there shall be no rent abatement. 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 use and enjoyment of the date which Premises 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 therewithotherwise adversely affected.

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 TCC's terms of this Article 11, restore the Base Base, Shell, and Core of the Premises and improvements to the Building not built by or for a tenant (collectively, the "Base, Shell and Core") and such Common Areascommon areas. Such restoration shall be to substantially the same condition of the Base Building Base, Shell, and the Common Areas Core 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 Building, 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, provided that access to the Premises and any common restrooms serving the Premises shall not be he materially impaired. Upon 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 under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; 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 Landlordconnection with such repairs and replacements, 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. 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. 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 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 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 Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 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 TCC's terms of this Article 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 Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 ’s insurance required carried under Section 10.3 10.3(ii) of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall use commercially reasonable efforts to repair any injury or damage to the Tenant Improvements and the Original Improvements tenant improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements tenant improvements to their original condition; provided that if the actual and reasonable cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’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 ’s repair of the damage. In ; provided, however, to the event that extent the actual and reasonable cost of such repair by Landlord does not deliver is less than the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known amount so assigned or otherwise delivered to Landlord, then any excess (i.e., the difference between the proceeds and the actual and reasonable cost of such repairs) shall be refunded to Tenant promptly upon completion of Landlord’s repair of such injury or damage. In connection with such repairs and replacements, 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. 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 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 shall have damaged the Premises or Common Areas common areas reasonably necessary to Tenant's ’s occupancy, and if such damage is not the result of the 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 Landlord as part of Operating ExpensesRent, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 assuming Tenant used 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 TCC's terms of this Article 11, 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 (hereinafter defined) 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 shall not be materially impairedimpaired by such modifications. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE") to Tenant from Landlord, Tenant shall assign cooperate with Landlord in such manner as Landlord may reasonably request to assist Landlord (or to any party designated by Landlord) all in collecting insurance proceeds payable to Tenant under Tenant's insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original Improvements, and Landlord shall repair due in connection with any injury or damage to the Tenant Improvements and the Original Improvements installed in Casualty which affects the Premises and shall return such Tenant Improvements and Original Improvements to their original condition; provided that if or the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrierBuilding, 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 damageincluding providing requested information within ten (10) days after request. In the event that 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 30.16 below, rights of Mortgagees, Applicable Laws 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 does not deliver to enter into and restore the Landlord Repair Notice within sixty 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 (60) days following the date the casualty becomes known collectively referred to Landlord, 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 Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and the Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior 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. Under no circumstances shall Landlord be required to repair any damage to, and Landlord shall select or make any repairs to or replacements of, the contractors to perform such improvement workTenant Improvements and/or Original 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. 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 the Tenant Improvements and Original Improvements to their 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, Landlord shall allow Tenant a proportionate abatement of Rent the unamortized costs thereof to the extent Landlord is reimbursed from not designated for removal. 11.1.3 Notwithstanding any contrary provision of this Article 11, the proceeds parties hereby agree as follows: (i) the closure of rental interruption insurance purchased by Landlord as the Project, the Building, the Common Areas, or any part thereof to protect public health shall not constitute a Casualty for purposes of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied (ii) Casualty covered by Tenant this Article 11 shall require that the physical or structural integrity of the Premises, the Project, the Building, or the Common Areas is degraded as a direct result thereof; providedof such occurrence, further, however, that if and (iii) a Casualty under this Article 11 shall not be deemed to occur merely because Tenant is unable to productively use the 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 Premises 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 physical and structural integrity of the date which Premises 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 therewithundamaged.

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 TCC's terms of this Article 11, 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, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon 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 ’s insurance required under Section 10.3 Sections 10.3.2(ii) and 10.3.2(iii) of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements Alterations installed in the Premises and shall return such Tenant Improvements and 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 ’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 ’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 Landlordconnection with such repairs and replacements, 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. 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 common areas necessary to Tenant's ’s occupancy, and if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant’s agents, employees, contractors, licensees or invitees, Landlord shall allow Tenant a proportionate abatement of Base Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the 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 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 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 reasonable control, and subject to all other TCC's terms of this Article 11, 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. Upon Tenant shall promptly notify Landlord upon the occurrence of any damage to the PremisesPremises resulting from a Casualty, upon and Tenant shall promptly inform its insurance carrier of any such damage. Upon notice (the "LANDLORD REPAIR NOTICELandlord 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 10.3.2 (ii) and (iii) of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant 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 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. 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 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 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, Landlord shall allow and the Premises is not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Premises. 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 the 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, [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. subject to reasonable delays for insurance adjustment or other matters beyond Landlord's ’s reasonable control, and subject to all other TCC's terms of this Article 11, 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 shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the "LANDLORD REPAIR NOTICE"“Landlord Repair Notice”) to Tenant from LandlordLandlord (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 ’s insurance required under Section 10.3 of this Lease allocable to the Tenant Improvements and the Original ImprovementsLease, and Landlord shall 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; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's ’s insurance carriercarrier (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 ’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. 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, Landlord shall allow and the Premises are not occupied by Tenant as a proportionate abatement of Rent to the extent Landlord is reimbursed from the proceeds of rental interruption insurance purchased by Landlord as part of Operating Expensesresult 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, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due Lease bears to the negligence or willful misconduct total rentable square feet 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 abatementthe Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant's ’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 assuming Tenant used reasonable due diligence in connection therewith.