Common use of RESTORATION OR TERMINATION Clause in Contracts

RESTORATION OR TERMINATION. Within thirty (30) days after the date of fire or other casualty to either Building, Landlord shall notify Tenant whether or not, in Landlord’s reasonable opinion, such repairs can be made within two hundred and seventy (270) days after the date of such damage and Landlord’s reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two hundred and seventy (270) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: (i) notify Tenant of Landlord’s intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i); or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building will take more than two hundred and seventy (270) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(ii), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Building, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.

RESTORATION OR TERMINATION. If the Premises or either Building (including the Tenant Improvements) are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made (i) within two hundred seventy (270) days after the date of such damage, if such damage is to both Buildings, or (ii) within one hundred eighty (180) days after the date of such damage, if such damage is to only one Building, under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. Except as otherwise set forth herein, in such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of Monthly Base Rent and Additional Charges for Expenses and Taxes while such repairs to be made hereunder by Landlord are being made. Such reduction of Monthly Base Rent and Additional Charges for Expenses and Taxes, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, and shall be limited to the extent of rental abatement insurance proceeds actually received by Landlord under Landlord's casualty insurance policy. Within thirty (30) days after the date of fire or other casualty to either Buildingsuch damage, Landlord shall notify Tenant whether or not, in of the approximate date by which Landlord believes that it can complete the repair of such damage ("Estimated Damage Completion Date") (including such dates for each floor of the Premises if the completion thereof will occur on different dates). If Landlord’s reasonable opinion, such repairs can be made within 's Estimated Damage Completion Date is more than two hundred and seventy (270) days after the date of such damage and Landlord’s reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two or one hundred and seventy eighty (270180) days days, as applicable, from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: : (i) notify Tenant of Landlord’s 's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect (subject to Tenant's right to terminate provided below) and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i)herein; or (ii) notify Tenant of Landlord’s 's election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice; provided, however, that if the damage giving rise to such right to terminate this Lease by Landlord is the result of damage in only one of the Buildings (such Building being defined for purposes of this Paragraph as the "Damaged Building"), then Landlord's right to terminate this Lease shall only apply to the portion of the Premises, if any, in the Damaged Building, and in such event the Lease shall remain in full force and effect with respect to the Premises in the other Building (such building being defined for purposes of this Paragraph as the "Undamaged Building"), and as of the effective date of such termination Tenant's Share shall only be Tenant's Share with respect to the Undamaged Building, and the Monthly Base Rent shall be adjusted to the rate per rentable square foot then in effect under the Lease multiplied by the rentable square feet in the Rentable Area of the Premises located in the Undamaged Building. If Landlord notifies Tenant that restoration or repair of the Building will take Landlord's Estimated Damage Completion Date is more than two hundred and seventy (270) daysdays following the date of the damage if such damage is to both Buildings, or more than one hundred eighty (180) days following the date of the damage if such damage is to one of the Buildings, then Tenant shall have a right to terminate the Lease within in respect to all floors of the affected Building Premises to which Landlord's notice applied ("Affected Premises Portion") within thirty fifteen (3015) days following receipt of Landlord’s 's notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(iithe immediately preceding sentence), Tenant shall have no liability liability, in respect of the portion of the Premises with respect to which the Lease was terminated, for payment of the deductible under Landlord’s 's insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Buildingbusiness carried on by Tenant in the Premises, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such the termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination termination. If the Lease is terminated with respect to only a portion of the Premises, leaving the Lease in effect with respect to the affected Buildingbalance of the Premises, the Monthly Base Rent and Tenant's Share shall be appropriately adjusted. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any repairs or replacements of any paneling, decorations, railings, floor coverings or any alterations, additions, fixtures or improvements installed on the Premises by or at the expense of Tenant other than the Tenant Improvements to the extent they are covered by Landlord's insurance policies; provided, however, that to the extent Landlord's insurance policies cover any Alterations pursuant to Paragraph 11(f), Landlord shall make available to Tenant any available insurance proceeds with respect to any damage or destruction that affects such Alterations, after deducting therefrom the cost, if any, to Landlord for the recovery of such proceeds and/or of any repair to the Buildings or Premises or Project for which Landlord is responsible hereunder, in order for Tenant Improvements or Trade Fixturesto repair and restore such Alterations, pursuant to disbursement procedures established by Landlord and/or any Mortgagee. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.

RESTORATION OR TERMINATION. Within thirty forty-five (3045) days after Tenant notifies Landlord in writing of the date of fire or other casualty to either the Building, Landlord shall notify Tenant whether or not, in Landlord’s reasonable opinionopinion (based upon Landlord’s architect and/or contractor’s good faith review), such repairs can be made within two (without payment of overtime or other premiums) on or before the date which is the earlier of (x) the date that is one hundred and seventy eighty (270180) days after the date commencement of such damage repairs, and (y) the date which is four (4) months prior to the Expiration Date and Landlord’s reasonable estimate of the time needed for such repairsrepairs (“Landlord’s Repair Notice”). If such repairs cannot be made within two (without payment of overtime or other premiums) by a date which is the earlier of (x) the date that is one hundred and seventy eighty (270180) days from after the commencement of such repairs and (y) the date of such damagewhich is four (4) months prior to the Expiration Date, Landlord shall have the option option, within thirty (30) days after the date of such damage Landlord delivers the Landlord’s Repair Notice, to elect either to: (i) notify Tenant of Landlord’s intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(iSection 19(a); or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given by Landlord and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that If, pursuant to Landlord’s Repair Notice, restoration or repair of the Building will take more than two not be completed by a date which is the earlier of (x) the date that is one hundred eighty (180) days after the commencement of such repairs and seventy (270y) daysthe date which is four (4) months prior to the Expiration Date, Tenant shall have a the right to terminate the this Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s noticeRepair Notice, by providing Landlord with written notice of its election to do soso which notice shall specify a date for termination of the Lease, which date shall be not less than thirty (30) nor more than sixty (60) days after such notice is given by Tenant and this Lease shall terminate on the date specified in such notice. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(iiSection 19(a)(ii)), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected BuildingPremises, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.for

RESTORATION OR TERMINATION. If the Premises or the Building (including the Warm Shell Improvements and the Tenant Improvements) are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made within two hundred seventy (270) days after the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of Monthly Base Rent and Additional Charges for Expenses and Taxes for the period of time during which such repairs to be made hereunder by Landlord are being made. Such reduction of Monthly Base Rent and Additional Charges for Expenses and Taxes, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, and shall be limited to the extent of rental abatement insurance proceeds actually received by Landlord or a Mortgagee under Landlord's casualty insurance policy (or, if Landlord fails to carry such insurance as required by Paragraph 10(f), or fails to pay premiums for such insurance and such failure does not result from Tenant's failure to perform Tenant's obligations hereunder, proceeds that would have been payable to Landlord in the absence of such failure). Within thirty (30) days after the date of fire or other casualty to either Buildingsuch damage, Landlord shall notify Tenant whether or not, in Landlord’s 's reasonable opinion, such repairs can be made within two hundred and seventy (270) days after the date of such damage and Landlord’s 's reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two hundred and seventy (270) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: (i) notify Tenant of Landlord’s intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i); or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building will take more than two hundred and seventy (270) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(ii), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Building, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.notify

RESTORATION OR TERMINATION. If the Premises or the Building (including the Warm Shell Improvements and the Tenant Improvements) are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made within two hundred seventy (270) days after the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of Monthly Base Rent and Additional Charges for Expenses and Taxes for the period of time during which such repairs to be made hereunder by Landlord are being made. Such reduction of Monthly Base Rent and Additional Charges for Expenses and Taxes, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, and shall be limited to the extent of rental abatement insurance proceeds actually received by Landlord or a Mortgagee under Landlord's casualty insurance policy (or, if Landlord fails to carry such insurance as required by Paragraph 10(f), or fails to pay premiums for such insurance and such failure does not result from Tenant's failure to perform Tenant's obligations hereunder, proceeds that would have been payable to Landlord in the absence of such failure). Within thirty (30) days after the date of fire or other casualty to either Buildingsuch damage, Landlord shall notify Tenant whether or not, in Landlord’s 's reasonable opinion, such repairs can be made within two hundred and seventy (270) days after the date of such damage and Landlord’s 's reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two hundred and seventy (270) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: : (i) notify Tenant of Landlord’s 's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i); or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building will take more than two hundred and seventy (270) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(ii), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Building, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.this

RESTORATION OR TERMINATION. Within thirty (30) days after If the date of Premises are damaged by fire or other casualty to either Buildingcasualty, Tenant shall promptly notify Landlord and Landlord shall notify Tenant whether repair the damaged Premises (but not any of Tenant's movable personal property or nottrade fixtures therein) except that if, in Landlord’s 's reasonable opinionjudgment, such repairs can be made within two the damage would require more than one hundred and seventy twenty (270120) days after of work to repair, or if the date insurance proceeds (excluding rent insurance) which Landlord anticipates receiving must be applied to repay any mortgages encumbering the Property or are otherwise inadequate to pay the cost of such damage and Landlord’s reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two hundred and seventy (270) days from the date of such damagerepair, then Landlord shall have the option within thirty right, to be exercised no more than sixty (3060) days after following the date of such damage to elect either to: (i) notify Tenant of Landlord’s intention to repair such damage and diligently prosecute such repairsfire or casualty, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i); or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect to the affected Building as of a date specified in such noticeby so notifying Tenant, which notice shall specify a termination date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such noticeits transmission. If Landlord notifies is so required to repair, the work shall be commenced promptly and completed with due diligence, taking into account the time required for Landlord to procure said insurance proceeds, and construction delays due to shortages of labor or material or other causes beyond Landlord's reasonable control. Notwithstanding the foregoing, if following a fire or casualty affecting the Building, the Premises shall not for any reason, be restored and re-delivered to Tenant that restoration within one hundred eighty (180) days following the fire or repair casualty, or if the Premises shall be affected by a fire or casualty during the final two years of the Building will take more than two hundred and seventy (270) daysTerm or any Renewal Term, Tenant shall have a the right to terminate the this Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(ii), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Building, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.

RESTORATION OR TERMINATION. If the Premises or the Building are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made within one hundred eighty (180) days after the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of Monthly Base Rent and Additional Charges while such repairs to be made hereunder by Landlord are being made. Such reduction of Monthly Base Rent and Additional Charges, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, and shall be limited to the extent of rental abatement insurance proceeds actually received by Landlord under Landlord's casualty insurance policy. Within thirty (30) days after the date of fire or other casualty to either Buildingsuch damage, Landlord shall notify Tenant whether or not, not in Landlord’s 's reasonable opinion, opinion such repairs can be made within two one hundred and seventy (270) days after the date of such damage and Landlord’s reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two hundred and seventy (270) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: eighty (i) notify Tenant of Landlord’s 's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i)herein; or (ii) notify Tenant of Landlord’s 's election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building Premises will take more than two one hundred and seventy eighty (270180) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty fifteen (3015) days following receipt of Landlord’s 's notice, by providing Landlord with written notice of its election to do so. In in such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(iithe immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord’s 's insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Buildingbusiness carried on by Tenant in the Premises, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective such date of such termination with respect to the affected Buildingtermination. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any repairs or replacements of any paneling, decorations, railings, floor coverings or any alterations, additions, fixtures or improvements installed on the Premises by or at the expense of Tenant; provided, however, that to the extent Landlord's insurance policies cover any Alterations pursuant to Paragraph 10(f), Landlord shall make available to Tenant any available insurance proceeds with respect to any damage or destruction that affects such Alterations, after deducting therefrom the cost, if any, to Landlord for the recovery of such proceeds and/or of any repair to the Building or Premises or Project for which Landlord is responsible hereunder, in order for Tenant Improvements or Trade Fixturesto repair and restore such Alterations, pursuant to disbursement procedures established by Landlord and/or any Mortgagee. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.

RESTORATION OR TERMINATION. Within thirty (30) days after If the date of Premises or the Building are damaged by fire or other casualty to either Buildingcasualty, Landlord shall notify Tenant whether or notforthwith repair the same, in Landlord’s reasonable opinion, provided that such repairs can be made within two hundred and seventy (270) days after the date of such damage and Landlord’s reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two hundred and seventy (270) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: hundred (i) notify Tenant of Landlord’s 's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i)herein; or (ii) notify Tenant of Landlord’s 's election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building will take more than two hundred and seventy (270) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty fifteen (3015) days following receipt of Landlord’s 's notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(iithe immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord’s 's insurance relating to such damage. In case of termination by either event, (x) if such termination occurs prior to Reinstatement, within ten (10) days after such termination Tenant shall pay to Landlord the Monthly Base Rent that would have been payable under this Lease through the expiration of the Initial Term, and (y) if such termination occurs after Reinstatement, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Buildingbusiness carried on by Tenant in the Premises, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. , and Landlord agrees to shall refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective such date of such termination with respect to the affected Buildingtermination. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any repairs or replacements of any paneling, decorations, railings, floor coverings or any alterations, additions, fixtures or improvements installed on the Premises by or at the expense of Tenant; provided, however, that to the extent Landlord's insurance policies cover any Alterations pursuant to Paragraph 10(f), Landlord shall make available to Tenant any available insurance proceeds with respect to any damage or destruction that affects such Alterations, after deducting therefrom the cost, if any, to Landlord for the recovery of such proceeds and/or of any repair to the Building or Premises or Project for which Landlord is responsible hereunder, in order for Tenant Improvements or Trade Fixturesto repair and restore such Alterations, pursuant to disbursement procedures established by Landlord and/or any Mortgagee. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.

RESTORATION OR TERMINATION. Within thirty If, during the Lease Term, the Premises -------------------------- or the Building are totally or partially damaged or destroyed from any cause rendering the Premises totally or partially inaccessible or unusable, and such cause is fully covered by the net proceeds of insurance made available to Landlord, Landlord shall diligently (30taking into account the time necessary to effectuate a satisfactory settlement with any insurance companies involved) restore and repair the Premises and the Building, as the case may be, to proper condition for use and occupancy by Tenant to the extent of such net proceeds; provided, however, if such damage or destruction is not reasonably susceptible of being repaired or restored within one hundred eighty (180) days after the date occurrence of fire or other casualty to either Buildingsuch damage, including the time needed for removal of debris, preparation of plans and issuance of all required governmental permits, Landlord shall notify or Tenant whether or notmay, in Landlord’s reasonable opinion, such repairs can be made within two hundred and seventy forty-five (27045) days after the occurrence of such damage, terminate this Lease by giving notice of termination to the other and specifying in such notice the effective date of such damage and Landlord’s reasonable estimate of the time needed for such repairstermination. If this Lease is terminated pursuant to the preceding sentence, all Base Rent and Additional Rent payable hereunder shall be apportioned and paid (i) to the date such repairs cannot be made within two hundred damage occurred, with respect to space inaccessible or unusable, and seventy (270ii) days from to the date of such termination of this Lease, with respect to the remainder of the Premises, an equitable apportionment to be based upon the criteria provided below. Following any termination of this Lease as aforesaid, Tenant shall have no further rights or remedies as against Landlord pursuant to this Lease or otherwise. If this Lease is not terminated as a result of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: (i) notify Tenant of Landlord’s intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and a just and proportionate part of the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i); or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect Rent shall, according to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given nature and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building will take more than two hundred and seventy (270) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(ii), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with the Premises shall have been so rendered inaccessible or unusable for Tenant’s 's Permitted Use of Uses, be suspended or abated until the affected Building, Premises shall have been restored to proper use and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of Californiaoccupancy as aforesaid.

RESTORATION OR TERMINATION. Within If the Premises or the Building (including the Tenant Improvements) are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made within two hundred seventy (270) days after the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of Monthly Base Rent and Additional Charges while such repairs to be made hereunder by Landlord are being made. Such reduction of Monthly Base Rent and Additional Charges, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, and shall be limited to the extent of rental abatement insurance proceeds actually received by Landlord under Landlord's casualty insurance policy. Landlord shall, by written notice to Tenant within thirty (30) days after the date of fire or other casualty to either Buildingsuch damage, Landlord shall notify Tenant whether or not, not in Landlord’s 's reasonable opinion, based on a good faith estimate from a third-party general contractor, such repairs can be made within two hundred and seventy (270) days after the date of such damage and Landlord’s 's reasonable estimate of the time needed for such repairs, also based on a good faith estimate from a third-party general contractor. If such repairs cannot be made within two hundred and seventy (270) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: : (i) notify Tenant of Landlord’s 's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i)herein; or (ii) notify Tenant of Landlord’s 's election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building will take more than two hundred and seventy (270) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(ii), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Building, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.than

RESTORATION OR TERMINATION. If the Premises or the Building are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made within one hundred eighty (180) days after the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of Monthly Base Rent and Additional Charges while such repairs to be made hereunder by Landlord are being made. Such reduction of Monthly Base Rent and Additional Charges, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, and shall be limited to the extent of rental abatement insurance proceeds actually received by Landlord under Landlord’s casualty insurance policy. Within thirty (30) days after the date of fire or other casualty to either Buildingsuch damage, Landlord shall notify Tenant whether or not, not in Landlord’s reasonable opinion, opinion such repairs can be made within two one hundred and seventy eighty (270180) days after the date of such damage and Landlord’s reasonable estimate of the time needed for such repairs. If such repairs cannot be made within two one hundred and seventy eighty (270180) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: (i) notify Tenant of Landlord’s intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i)herein; or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building Premises will take more than two one hundred and seventy eighty (270180) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty fifteen (3015) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(iithe immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected Buildingbusiness carried on by Tenant in the Premises, and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of California.Tenant

RESTORATION OR TERMINATION. Within thirty If, during the Lease Term, the Premises or the Building are totally or partially damaged or destroyed from any cause which is covered by insurance obtained by Landlord under Section 11.2.1, Landlord shall diligently (30taking into account the time necessary to effectuate a satisfactory settlement with any insurance companies involved) restore and repair the Premises and the Building, as the case may be, to proper condition for use and occupancy by Tenant to the extent of such net proceeds; provided, however, if in Landlord's good faith determination, such damage or destruction is not reasonably susceptible of being repaired or restored within one hundred eighty (180) days after the date occurrence of fire or other casualty to either Buildingsuch damage, including the time needed for removal of debris, preparation of plans and issuance of all required governmental permits, Landlord shall notify or Tenant whether or notmay, in Landlord’s reasonable opinion, such repairs can be made within two hundred and seventy forty-five (27045) days after the occurrence of such damage, terminate this Lease by giving notice of termination to the other and specifying in such notice the effective date of such damage and Landlord’s reasonable estimate of the time needed for such repairstermination. If this Lease is terminated pursuant to the preceding sentence, all Base Rent and Additional Rent payable hereunder shall be apportioned and paid (i) to the date such repairs cannot be made within two hundred damage occurred, with respect to space inaccessible or unusable, and seventy (270ii) days from to the date of such termination of this Lease, with respect to the remainder of the Premises, an equitable apportionment to be based upon the criteria provided below. Following any termination of this Lease as aforesaid, Tenant shall have no further rights or remedies as against Landlord pursuant to this Lease or otherwise. If this Lease is not terminated as a result of such damage, Landlord shall have the option within thirty (30) days after the date of such damage to elect either to: (i) notify Tenant of Landlord’s intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and a just and proportionate part of the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced as provided in Paragraphs 21(a)(i); or (ii) notify Tenant of Landlord’s election to terminate this Lease with respect Rent shall, according to the affected Building as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice is given nature and this Lease shall terminate on the date specified in such notice. If Landlord notifies Tenant that restoration or repair of the Building will take more than two hundred and seventy (270) days, Tenant shall have a right to terminate the Lease within respect to the affected Building within thirty (30) days following receipt of Landlord’s notice, by providing Landlord with written notice of its election to do so. In such event (and also in the event Landlord terminates the Lease pursuant to this Paragraph 21(a)(ii), Tenant shall have no liability for payment of the deductible under Landlord’s insurance relating to such damage. In case of termination by either event, the Monthly Base Rent and Additional Charges for Expenses and Taxes shall be reduced by a proportionate amount based upon the extent to which such damage interfered with Tenant’s Permitted Use of the affected BuildingPremises shall have been so rendered inaccessible or unusable, be suspended or abated until the Premises shall have been restored to proper use and Tenant shall pay such reduced Monthly Base Rent and Additional Charges for Expenses and Taxes up to the effective date of such termination. Landlord agrees to refund to Tenant any Monthly Base Rent and Additional Charges for Expenses and Taxes previously paid for any period of time subsequent to the effective date of such termination with respect to the affected Building. The repairs to be made hereunder by Landlord shall not include, and Landlord shall not be required to repair, any damage by fire or other casualty or cause to the property of Tenant or any Alterations, Tenant Improvements or Trade Fixtures. Tenant hereby waives the provisions of Section 1932.2, and Section 1933.4, of the Civil Code of Californiaoccupancy as aforesaid.