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

Repair of Damage to Premises by Landlord. If, during the Term of this Lease, the Premises or portions of the Building or Project necessary for Tenant’s reasonable use and occupancy of the Premises are damaged by fire or other casualty covered by property damage insurance carried by either party, Landlord shall take diligent steps to adjust the loss, secure a building permit, and restore the Premises, Building, and Project as required, provided (a) such repairs can, in Landlord’s reasonable opinion, be substantially completed within one hundred eighty (180) days of the date a permit for such repairs is issued by the governing authority, (b) insurance proceeds are available to pay eighty percent (80%) or more of the cost of restoration (taking into account any changes in building codes and/or other additional requirements imposed by the building department), (c) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall not require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall not terminate the ground lease, as the case may be, (d) the damage does not occur during the last twelve (12) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premises, Building, and or Project may not be restored identically as before, due to changes in building or zoning codes and/or Landlord’s desire to reconfigure the Building or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take reasonable steps to prevent further damage and to secure the Premises, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty (120) days after the damage or destruction, Landlord shall give written Notice to Tenant (the “Damage or Destruction Notice”) of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result of the failure of one or more of the conditions set forth in (a)-(e) above, in which case, Landlord’s Damage or Destruction Notice shall also include a termination date giving Tenant thirty (30) days to vacate the Premises. Landlord may elect to restore the Premises, Building, and/or Project notwithstanding the failure of any of the conditions set forth in clauses (a)-(e) above. The Damage or Destruction Notice shall also, if Landlord is required to or elects to restore, set forth Landlord’s reasonable estimate of the time required for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, but, provided no act of Tenant has impaired Landlord’s recovery under its rental interruption insurance, Tenant shall be entitled to a proportionate reduction of Rent to the extent Tenant’s use of the Premises is impaired, commencing with the date of damage and continuing until substantial completion of the restoration.

Repair of Damage to Premises by Landlord. If, during the Term of this Lease, If the Premises or portions any portion of the Building or Project necessary for Tenant’s reasonable use and occupancy of the Premises are is damaged by fire or other casualty covered by property damage insurance carried by either partycause (the “Occurrence”) without the negligence or willful act of Tenant or its partners, trustees, officers, directors, shareholders, members, beneficiaries, licensees, invitees, or any subtenants or subtenants’ agents, employees, contractors, or invitees, servants, guests, or independent contractors (collectively, “Tenant Persons”), Landlord shall take diligent steps to adjust the loss, secure a building permitdiligently, and as soon as practicable, repair the damage; provided, however, that Landlord may elect not to rebuild or restore the Premises, BuildingPremises or any portion of the Project, and Project as requiredinstead terminate this Lease, provided by notifying Tenant in writing of such termination within ninety (a) such repairs can, in Landlord’s reasonable opinion, be substantially completed within one hundred eighty (18090) days of after the date on which Landlord has actually discovered the full extent and nature of such damages, such notice to include a permit lease termination date and a date for such repairs is issued Tenant to vacate the Premises. Landlord may so elect to terminate this Lease only if the Building shall be damaged by fire or other cause, whether or not the governing authorityPremises are affected, (b) insurance proceeds are available to pay eighty percent (80%) and one or more of the cost of restoration following conditions is present: (taking into account any changes in building codes and/or other additional requirements imposed by i) repairs cannot reasonably be completed within two hundred (200) days after the building department), Occurrence; (cii) the Occurrence occurs during the last Lease Year; (iii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall not require that the insurance proceeds or any portion thereof be used to retire all or a portion of the mortgage debt, or shall not terminate the ground lease, as the case may be, ; (div) Landlord’s insurer has not agreed that the damage does not occur during the last twelve (12) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premisesis fully covered, Buildingexcept for deductible amounts, and or Project may not be restored identically as before, due to changes in building or zoning codes and/or by Landlord’s desire to reconfigure the Building insurance policies; or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take reasonable steps to prevent further damage and to secure the Premises(v) in Landlord’s sole discretion, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty percent (12020%) days after the damage or destruction, Landlord shall give written Notice to Tenant (the “Damage or Destruction Notice”) of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result of the failure of one or more of the conditions set forth rentable floor area of the Project is unusable, unmarketable, damaged or destroyed. If Landlord terminates this Lease, the Base Rent and Tenant’s Proportionate Share of increases in Operating Costs (a)-(ecollectively, “Periodic Rent”) aboveshall be apportioned and paid to the date of termination (subject to abatement as provided below). Such repair or restoration by Landlord shall be to substantially the same condition of the base, in 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, or the lessor of a ground or underlying lease with respect to the Project or portion thereof, or any other modifications to the Common Areas reasonably deemed desirable by Landlord, which caseare consistent with the character of the Project, Landlord’s Damage or Destruction Notice provided access to the Premises and any common restrooms serving the Premises shall also include a termination date giving Tenant thirty (30) days not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to vacate the Premises. Landlord may elect to restore the Premises, BuildingTenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 9.1.2 of this Lease that are attributable to the tenant improvements and Alterations, and/or Project notwithstanding and Landlord shall repair any injury or damage to the failure tenant improvements and Alterations installed in the Premises and shall return such tenant improvements to their condition prior to the Occurrence; provided that if the cost of any such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the conditions set forth in clauses (a)-(e) abovedamage. The Damage or Destruction Notice shall alsoIn connection with such repairs and replacements, if Landlord is required Tenant shall, prior to or elects the commencement of construction, submit to restoreLandlord, set forth for Landlord’s reasonable estimate of review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the time required for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, but, provided no act of Tenant has impaired Landlord’s recovery under its rental interruption insurance, Tenant shall be entitled contractors to a proportionate reduction of Rent to the extent Tenant’s use of the Premises is impaired, commencing with the date of damage and continuing until substantial completion of the restorationperform such improvement work.

Repair of Damage to Premises by Landlord. If, during the Term of this Lease, the Premises or portions of the Building or Project necessary for Tenant’s reasonable use and occupancy of the Premises are damaged by fire or other casualty covered by property damage insurance carried by either party, Landlord shall take diligent steps to adjust the loss, secure a building permit, and restore the Premises, Building, and Project as required, provided (a) such repairs can, in Landlord’s reasonable opinion, be substantially completed within one hundred eighty (180) days of the date a permit for after such repairs is issued by the governing authoritydamage, (b) insurance proceeds are available to pay eighty percent (80%) or more of the cost of restoration (taking into account any changes in building codes and/or other additional requirements imposed by the building department), (c) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall not require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall not terminate the ground lease, as the case may be, (d) the damage does not occur during the last twelve (12) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premises, Building, and or Project may not be restored identically as before, due to changes in building or zoning codes and/or Landlord’s desire to reconfigure the Building or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take reasonable steps to prevent further damage and to secure the Premises, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty (120) days after the damage or destruction, Landlord shall give written Notice to Tenant (the “Damage or Destruction Notice”) of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result of the failure of one or more of the conditions set forth in (a)-(e) above, in which case, Landlord’s Damage or Destruction Notice shall also include a termination date giving Tenant thirty (30) days to vacate the Premises. Landlord may elect to restore the Premises, Building, and/or Project notwithstanding the failure of any of the conditions set forth in clauses (a)-(e) above. The Damage or Destruction Notice shall also, if Landlord is required to or elects to restore, set forth Landlord’s reasonable estimate of the time required for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, but, provided no act of Tenant has impaired Landlord’s recovery under its rental interruption insurance, Tenant shall be entitled to a proportionate reduction of Rent to the extent Tenant’s use of the Premises is impaired, commencing with the date of damage and continuing until substantial completion of the restoration.

Repair of Damage to Premises by Landlord. If, during the Term of this Lease, If the Premises or portions any portion of the Building or Project necessary for Tenant’s reasonable use and occupancy of the Premises are is damaged by fire or other casualty covered by property damage insurance carried by either partycause (the "Occurrence") without the negligence or willful act of Tenant or its partners, trustees, officers, directors, shareholders, members, beneficiaries, licensees, invitees, or any subtenants or subtenants' agents, employees, contractors, or invitees, servants, guests, or independent contractors (collectively, "Tenant Persons"), Landlord shall take diligent steps to adjust the loss, secure a building permitdiligently, and as soon as practicable, repair the damage; provided, however, that Landlord may elect not to rebuild or restore the Premises or any portion of the Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within forty-five (45) days after the date of the Occurrence, such notice to include a lease termination date and a date for Tenant to vacate the Premises, Buildingneither of dates shall be less than thirty (30) nor more than ninety (90) days from the date of delivery of such notice. Landlord may so elect to terminate this Lease only if the Building shall be damaged by fire or other cause, whether or not the Premises are affected, and Project as required, provided one or more of the following conditions is present: (ai) such repairs can, in Landlord’s reasonable opinion, not reasonably be substantially completed within one hundred eighty (180) days after the Occurrence, and Landlord elects to terminate all leases of all tenants of the date a permit for such repairs is issued Building similarly affected by the governing authority, damage or destruction; (bii) insurance proceeds are available to pay eighty percent the Occurrence occurs during the last two (80%2) or more of the cost of restoration Lease Years; (taking into account any changes in building codes and/or other additional requirements imposed by the building department), (ciii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall not require that the insurance proceeds or any portion thereof be used to retire all or a portion of the mortgage debt, or shall not terminate the ground lease, as the case may be, ; (div) Landlord's insurer has not agreed that the damage does not occur during the last twelve is fully covered, except for deductible amounts, by Landlord's insurance policies; or (12v) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premisesin Landlord's sole discretion, Building, and or Project may not be restored identically as before, due to changes in building or zoning codes and/or Landlord’s desire to reconfigure the Building or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take reasonable steps to prevent further damage and to secure the Premises, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty (120) days after the damage or destruction, Landlord shall give written Notice to Tenant (the “Damage or Destruction Notice”) of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result of the failure of one or more of the conditions set forth in (a)-(e) above, in which case, Landlord’s Damage or Destruction Notice shall also include a termination date giving Tenant thirty (30) days to vacate the Premises. Landlord may elect to restore the Premises, Building, and/or Project notwithstanding the failure of any of the conditions set forth in clauses (a)-(e) above. The Damage or Destruction Notice shall also, if Landlord is required to or elects to restore, set forth Landlord’s reasonable estimate of the time required for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, but, provided no act of Tenant has impaired Landlord’s recovery under its rental interruption insurance, Tenant shall be entitled to a proportionate reduction of Rent to the extent Tenant’s use of the Premises is impaired, commencing with the date of damage and continuing until substantial completion of the restoration.fifty percent

Repair of Damage to Premises by Landlord. If, during Tenant shall promptly notify Landlord of any damage to the Term of this Lease, Premises resulting from fire or any other casualty. If the Premises or portions of the Building any Common Areas serving or Project necessary for Tenant’s reasonable use and occupancy of providing access to the Premises are shall be damaged by fire or other casualty covered by property damage insurance carried by either partycasualty, Landlord will, as soon as reasonably possible following the date of the damage, deliver to Tenant an estimate of the time necessary to repair the damage in question such that the Premises may be used by and accessible to Tenant and the Buildings and Common Areas operable in a manner consistent with the operation prior to such damage; such notice will be based upon the review and opinions of Xxxxxxxx’s architect and contractor (“Landlord’s Completion Notice”). Landlord shall take diligent steps promptly and diligently, subject to adjust the loss, secure a building permit, and restore the Premises, Building, and Project as required, provided (a) such repairs can, in reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable opinioncontrol, be and subject to all other terms of this Article 11, restore such Common Areas and the Premises to substantially completed within one hundred eighty (180) days of the date a permit same condition as existed prior to the casualty, except for such repairs is issued modifications required by the governing authority, (b) insurance proceeds are available to pay eighty percent (80%) or more of the cost of restoration (taking into account any changes in zoning and building codes and/or and other additional requirements imposed laws or by the building department), (c) the holder of any a mortgage on the Building or Project or ground lessor with respect any other modifications to the Building or Project Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises shall not require that be materially impaired. Upon the insurance proceeds or occurrence of any portion thereof be used damage to retire the mortgage debt, or shall not terminate the ground lease, as the case may be, (d) the damage does not occur during the last twelve (12) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premises, Building, and upon notice (the “Landlord Repair Notice”) to Tenant from Landlord delivered on or Project may not be restored identically as before, due to changes in building or zoning codes and/or Landlord’s desire to reconfigure before the Building or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take reasonable steps to prevent further damage and to secure the Premises, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty date that is ninety (12090) days after the date of the damage, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) of this Lease, and Landlord shall repair any injury or damage to the Improvements and the Original Improvements and shall return such Improvements and Original Improvements to their original condition (any such work will be competitively bid by Landlord to ensure that Landlord receives commercially reasonable pricing for the performance of such work so that, to the extent reasonably possible, the cost of such work does not unnecessarily exceed the proceeds of Tenant’s insurance); provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the portion of the cost of such repairs which is not so covered by Xxxxxx’s insurance proceeds shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within ninety (90) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and the Original Improvements installed in the Premises and shall return such Improvements and Original Improvements to their original condition, or an alternate condition described by Tenant (but subject to Landlord’s prior written approval). 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 (it being acknowledged that the cost to prepare such plans may be paid for out of the applicable insurance proceeds received by Tenant), and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or destructionthe repair thereof; provided however, Landlord that if such fire or other casualty shall give written Notice have damaged the Premises or Common Areas necessary to Tenant’s occupancy, and the Premises are not occupied by Tenant (the “Damage or Destruction Notice”) of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the failure of one or more Premises which is unfit for occupancy for the Permitted Use bears to the total rentable square feet of the conditions set forth in (a)-(e) abovePremises; provided, in which casefurther, Landlord’s Damage however, that if the damage or Destruction Notice shall also include a termination date giving destruction is due to the negligence or willful misconduct of Tenant thirty (30) days to vacate the Premises. Landlord may elect to restore the Premises, Building, and/or Project notwithstanding the failure of or any of the conditions set forth in clauses (a)-(e) above. The Damage its agents, employees, contractors, invitees or Destruction Notice shall also, if Landlord is required to or elects to restore, set forth Landlord’s reasonable estimate of the time required for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, but, provided no act of Tenant has impaired Landlord’s recovery under its rental interruption insuranceguests, Tenant shall be entitled responsible for any reasonable, applicable insurance deductible (which shall be payable to a proportionate reduction Landlord upon demand, not to materially exceed the levels of Rent deductibles for such insurance then maintained by owners of Comparable Buildings). In the event that Landlord shall not deliver the Landlord Repair Notice, Xxxxxx’s right to rent abatement pursuant to the extent Tenant’s use preceding sentence shall terminate as of the Premises date which is impaired, commencing with reasonably determined by Landlord to be the date of damage and continuing until substantial completion of Tenant should have completed repairs to the restorationPremises assuming Tenant used reasonable due diligence in connection therewith.

Repair of Damage to Premises by Landlord. If, during the Term of this Lease, If the Premises or portions any portion of the Building or Project necessary for Tenant’s reasonable use and occupancy of the Premises are is damaged by fire or other casualty covered by property damage insurance carried by either partycause (the “Occurrence”) without the gross negligence or intentional act of Tenant or its partners, trustees, officers, directors, shareholders, members, beneficiaries, licensees, invitees, or any subtenants or subtenants’ agents, employees, contractors, or invitees, servants, guests, or independent contractors (collectively, “Tenant Persons”), Landlord shall take diligent steps to adjust the loss, secure a building permitdiligently, and as soon as practicable, repair the damage; provided, however, that Landlord may elect not to rebuild or restore the Premises, BuildingPremises or any portion of the Project, and Project as requiredinstead terminate this Lease, provided by notifying Tenant in writing of such termination within ninety (a90) days after the date on which Landlord has actually discovered the full extent and nature of such damages, such notice to include a lease termination date and a date for Tenant to vacate the Premises (which, if Tenant shall not have vacated the Premises at such time, shall not be less than thirty (30) days after the date on which Tenant receives such notice). Landlord may so elect to terminate this Lease only if the Building shall be damaged by fire or other cause, whether or not the Premises are affected, and one or more of the following conditions is present: (i) repairs can, in Landlord’s reasonable opinion, not reasonably be substantially completed within one hundred eighty eight (180) days of after the date a permit for such repairs is issued by Occurrence; (ii) the governing authority, Occurrence occurs during the last two (b2) insurance proceeds are available to pay eighty percent Lease Years; (80%) or more of the cost of restoration (taking into account any changes in building codes and/or other additional requirements imposed by the building department), (ciii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall not require that the insurance proceeds or any portion thereof be used to retire all or a portion of the mortgage debt, or shall not terminate the ground lease, as the case may be, ; (div) Landlord’s insurer has not agreed that the damage does not occur during the last twelve (12) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premisesis fully covered, Buildingexcept for deductible amounts, and or Project may not be restored identically as before, due to changes in building or zoning codes and/or by Landlord’s desire to reconfigure the Building insurance policies; or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take (v) in Landlord’s reasonable steps to prevent further damage and to secure the Premisesdiscretion, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty percent (12020%) days after the damage or destruction, Landlord shall give written Notice to Tenant (the “Damage or Destruction Notice”) of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result of the failure of one or more of the conditions rentable floor area of the Project is unusable, unmarketable, damaged or destroyed. If either party terminates this Lease as set forth in this Article 8, the Base Rent and Tenant’s Proportionate Share of increases in Operating Costs (a)-(ecollectively, “Periodic Rent”) aboveshall be apportioned and paid to the date of termination (subject to abatement as provided below). Such repair or restoration by Landlord shall be to substantially the same condition of the base, in which caseshell, Landlord’s Damage 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 Destruction Notice shall also include by the holder of a termination date giving Tenant thirty (30) days to vacate mortgage on the Premises. Landlord may elect to restore the Premises, Building, and/or or the lessor of a ground or underlying lease with respect to the Project notwithstanding or portion thereof, or any other modifications to the failure of any common areas reasonably deemed desirable by Landlord, which are consistent with the character of the conditions set forth in clauses (a)-(e) above. The Damage or Destruction Notice shall also, if Landlord is required to or elects to restore, set forth Landlord’s reasonable estimate of the time required for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, butProject, provided no act of Tenant has impaired Landlord’s recovery under its rental interruption insurance, Tenant shall be entitled to a proportionate reduction of Rent that access to the extent Premises and any common restrooms serving the Premises shall not be materially impaired and Landlord shall use commercially reasonable efforts to perform such work in a manner designed to minimize material interference with Tenant’s use of the Premises is impairedPremises. Notwithstanding any other provision of this Lease, commencing with upon the date occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 9.1 of this Lease and continuing until substantial completion allocable to the value of the restorationTenant Improvements or Tenant’s Alterations, and Landlord shall repair any injury or damage to the Tenant Improvements or Tenant’s Alterations installed in the Premises and shall return such Tenant Improvements and Tenant’s Alterations to their condition prior to the Occurrence; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, 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.

Repair of Damage to Premises by Landlord. If, during the Term of this Lease, If the Premises or portions any portion of the Building or Project necessary for Tenant’s reasonable use and occupancy of the Premises are is damaged by fire or other casualty covered by property damage insurance carried by either partycause (the “Occurrence”) without the negligence or willful act of Tenant or its partners, trustees, officers, directors, shareholders, members, beneficiaries, licensees, invitees, or any subtenants or subtenants’ agents, employees, contractors, or invitees, servants, guests, or independent contractors (collectively, “Tenant Persons”), Landlord shall take diligent steps to adjust the loss, secure a building permitdiligently, and as soon as practicable, repair the damage; provided, however, that Landlord may elect not to rebuild or restore the Premises, BuildingPremises or any portion of the Project, and Project as requiredinstead terminate this Lease, provided by notifying Tenant in writing of such termination within ninety (a) such repairs can, in Landlord’s reasonable opinion, be substantially completed within one hundred eighty (18090) days of after the date on which Landlord has actually discovered the full extent and nature of such damages, such notice to include a permit lease termination date and a date for such repairs is issued Tenant to vacate the Premises. Landlord may so elect to terminate this Lease only if the Building shall be damaged by fire or other cause, whether or not the governing authorityPremises are affected, (b) insurance proceeds are available to pay eighty percent (80%) and one or more of the cost of restoration following conditions is present: (taking into account any changes in building codes and/or other additional requirements imposed by i) repairs cannot reasonably be completed within two hundred (200) days after the building department), Occurrence; (cii) the Occurrence occurs during the last Lease Year; (iii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall not require that the insurance proceeds or any portion thereof be used to retire all or a portion of the mortgage debt, or shall not terminate the ground lease, as the case may be, ; (div) Landlord’s insurer has not agreed that the damage does not occur during the last twelve (12) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premisesis fully covered, Buildingexcept for deductible amounts, and or Project may not be restored identically as before, due to changes in building or zoning codes and/or by Landlord’s desire to reconfigure the Building insurance policies; or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take reasonable steps to prevent further damage and to secure the Premises(v) in Landlord’s sole discretion, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty percent (12020%) days after the damage or destruction, Landlord shall give written Notice to Tenant (the “Damage or Destruction Notice”) of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result of the failure of one or more of the conditions set forth rentable floor area of the Project is unusable, unmarketable, damaged or destroyed. If Landlord terminates this Lease, the Base Rent and Tenant’s Proportionate Share of increases in Operating Costs (a)-(ecollectively, “Periodic Rent”) aboveshall be apportioned and paid to the date of termination (subject to abatement as provided below). Such repair or restoration by Landlord shall be to substantially the same condition of the base, in 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, or the lessor of a ground or underlying lease with respect to the Project or portion thereof, or any other modifications to the common areas reasonably deemed desirable by Landlord, which caseare consistent with the character of the Project, Landlord’s Damage or Destruction Notice provided access to the Premises and any common restrooms serving the Premises shall also include a termination date giving Tenant thirty (30) days not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to vacate the Premises. Landlord may elect to restore the Premises, BuildingTenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 9.1 of this Lease, and/or Project notwithstanding and Landlord shall repair any injury or damage to the failure tenant improvements installed in the Premises and shall return such tenant improvements to their condition prior to the Occurrence; provided that if the cost of any 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 in excess of the conditions set forth in clauses (a)-(e) above. The Damage or Destruction Notice insurance proceeds received by Landlord shall also, if be paid by Tenant to Landlord is required prior to or elects to restore, set forth Landlord’s reasonable estimate repair of the time required damage. In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, submit to Landlord, for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, but, provided no act of Tenant has impaired Landlord’s recovery under its rental interruption insurancereview and approval, Tenant all plans, specifications and working drawings relating thereto, and Landlord shall be entitled select the contractors to a proportionate reduction of Rent to the extent Tenant’s use of the Premises is impaired, commencing with the date of damage and continuing until substantial completion of the restorationperform such improvement work.

Repair of Damage to Premises by Landlord. If, during the Term of this Lease, the Premises or portions of the Building or Project necessary for Tenant’s 's reasonable use and occupancy of the Premises are damaged by fire or other casualty covered by property damage insurance carried by either party, Landlord shall take diligent steps to adjust the loss, secure a building permit, and restore the Premises, Building, and Project as required, provided (a) such repairs can, in Landlord’s 's reasonable opinion, be substantially completed within one hundred eighty (180) days of the date a permit for such repairs is issued by the governing authority, (b) insurance proceeds are available to pay eighty percent (80%) or more of the cost of restoration (taking into account any changes in building codes and/or other additional requirements imposed by the building department), (c) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall not require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall not terminate the ground lease, as the case may be, (d) the damage does not occur during the last twelve (12) months of the Lease Term and (e) Tenant performs its obligations hereunder. Tenant understands and agrees that the Premises, Building, and or Project may not be restored identically as before, due to changes in building or zoning codes and/or Landlord’s 's desire to reconfigure the Building or Project. Tenant shall promptly notify Landlord of any such damage or destruction and shall take reasonable steps to prevent further damage and to secure the Premises, until Landlord has had a reasonable time in which to assume such responsibilities. Within not more than one hundred twenty (120) days after the damage or destruction, Landlord shall give written Notice to Tenant (the “Damage or Destruction Notice”"DAMAGE OR DESTRUCTION NOTICE") of its intent to restore the Premises, Building, and/or Project, or to terminate the Lease as a result of the failure of one or more of the conditions set forth in (a)-(e) above, in which case, Landlord’s 's Damage or Destruction Notice shall also include a termination date giving Tenant thirty (30) days to vacate the Premises. Landlord may elect to restore the Premises, Building, and/or Project notwithstanding the failure of any of the conditions set forth in clauses (a)-(e) above. The Damage or Destruction Notice shall also, if Landlord is required to or elects to restore, set forth Landlord’s 's reasonable estimate of the time required for restoration after issuance of any required building permit. This Lease shall continue in full force and effect, but, provided no act of Tenant has impaired Landlord’s 's recovery under its rental interruption insurance, Tenant shall be entitled to a proportionate reduction of Rent to the extent Tenant’s 's use of the Premises is impaired, commencing with the date of damage and continuing until substantial completion of the restoration.