Common use of Uninsured Casualty Clause in Contracts

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of damage or destruction is not fully covered by insurance that the Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, at Landlord’s option, either to (i) repair such damage as soon as reasonably possible at Landlord’s expense or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty (30) days after receipt of such notice to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty (30) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty (30) day period, this Lease shall terminate automatically as of the Casualty Date.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's Share of any deductible or retention amount payable under the property insurance for the Building(s) Building. Notwithstanding Section 13.1, in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following condition: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later man ten (10) days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty fifteen (3015) days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject to Section 7.2.2Notwithstanding Paragraph 20(a), any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged and subject to the extent Tenant is unable to use the Premises and termination right in Paragraph 20(b), in the event of damage a total or partial destruction is not fully covered by insurance that of the Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, at Landlord’s option, either to Building (i) repair such damage as soon as reasonably possible at by a casualty both of a type not required to be insured against by Landlord under the terms of this Lease and not actually insured against by Landlord’s expense , or (ii) give under circumstances where the net insurance proceeds (plus applicable deductibles that are included in Expenses) obtained as a result of such casualty (or, if Landlord fails to carry any specific insurance that Landlord is obligated to carry under this Lease, or fails to pay premiums for such insurance and such failure does not result from Tenant's failure to perform its obligations hereunder, proceeds that would have been payable to Landlord in the absence of such failure) are ninety percent (90%) or a lesser percentage of the cost of restoration, rebuilding or replacement (including without limitation if such circumstances result from a requirement by any Mortgagee that Landlord utilize insurance proceeds to pay down the Mortgage), which destruction exceeds five percent (5%) of the replacement cost of the Building, Landlord may elect, in its sole discretion by written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects , to either (x) terminate this Lease, or (y) if the damage can be reconstruct the Base Building (not including the Warm Shell Improvements or the Tenant shall have the right within thirty (30) days after receipt of such notice to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damageImprovements), in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. However, notwithstanding the foregoing, if Landlord elects not to reconstruct, Tenant may by written notice to Landlord within ten (10) days after Landlord notifies Tenant of Landlord's election, request that Landlord undertakes such reconstruction on the condition that (A) Tenant provides Landlord with reasonably acceptable assurance that Tenant will complete and pay for the reconstruction of all Warm Shell Improvements (in the form of a cash deposit, letter of credit or other financial assurance as Landlord may reasonably require) and (B) either (I) Tenant agrees in such written request to pay the entire cost for reconstruction of the Base Building (as determined by Landlord in its reasonable discretion), which shall make such repairs as soon as reasonably possiblebe paid (in lump sum or in progress payments, and Tenant shall reimburse at Landlord's election) to Landlord for such repairs within thirty (30) days after receipt of an invoice or invoices from Landlord. If ; or (II) if Tenant does not give agree to pay the entire reconstruction cost, then both of the following: (aa) Landlord is able, using commercially reasonable efforts, to obtain construction financing for the entire cost of such notice reconstruction (less any insurance proceeds actually received by Landlord and available to Landlord for application to such reconstruction) from a lender, and on terms and conditions, that are substantially similar to the Mortgagee and the Mortgage that exists on the date of this Lease and that are otherwise acceptable to Landlord in its commercially reasonable discretion; and (bb) the cost incurred by Landlord for such reconstruction (less any insurance proceeds actually received by Landlord and available to Landlord for application to such reconstruction) shall be amortized over the useful life of the Building (except that the cost for reconstruction of any Warm Shell Improvements and Tenant Improvements, if made by Landlord, shall be paid by Tenant in its entirety within the thirty (30) day perioddays after receipt of an invoice therefore) and shall be reimbursed monthly by Tenant to Landlord as an Additional Charge, this Lease shall terminate automatically as together with interest at the Default Rate, commencing on the date Landlord substantially completes restoration of the Casualty DateBase Building; provided, however, that Tenant shall not be obligated to pay for any portion of the useful life of the Base Building which extends beyond the Expiration Date (as it may be extended by the Extension Term, if any). If either (a) the remaining Term of the Lease at the time of such destruction is less than ten (10) years (which Term will include the Extension Term if Tenant delivers its Extension Notice prior to or together with Tenant's reconstruction request), or (b) the restoration or repair of the Premises (including any period of time necessary to obtain construction financing, if Tenant does not agree to fund such construction) will take more than two hundred and seventy (270) days to complete, then Landlord shall not be obligated to reconstruct the Base Building in response to Tenant's request but, rather, Landlord shall consider Tenant's request in Landlord's sole discretion. Landlord shall respond to Tenant's written request within thirty (30) days after receipt thereof. If Landlord reconstructs the Base Building pursuant to this Paragraph 20(c), Tenant shall be obligated to reconstruct the Warm Shell Improvements and Tenant Improvements, at Tenant's cost, or at Landlord's sole option Landlord may elect to reconstruct all or any portion of the Warm Shell Improvements and/or Tenant Improvements, at Tenant's cost.

Uninsured Casualty. Subject to Section 7.2.2, 7.2.2 any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, at Landlord’s option, either to (i) repair such damage as soon as reasonably possible at Landlord’s expense or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty ten (3010) day period, this Lease shall terminate automatically as of the Casualty Date.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating ExpenseBuilding. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s 's option, in Landlord's sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later than five (5) business days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord's sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject to the limitations of Section 7.2.27.2.3., any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Landlord’s Initials CZ Tenant’s Initials HZ Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, at Landlord’s option, either to (i) repair such damage as soon as reasonably possible at Landlord’s expense or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty ten (3010) day period, this Lease shall terminate automatically as of the Casualty Date.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant’s Share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Building as part of Operating ExpenseExpenses. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s reasonably estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage, in which event Landlord shall return to Tenant all funds deposited by Tenant.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant’s share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating ExpenseBuilding. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant’s Share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Building as part of Operating ExpenseExpenses. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant’s share of any deductible or retention amount payable under the property insurance for the Building(s) Building to the extent the same may be included in which the Premises are located shall be an Operating ExpenseExpenses. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtednessindebtedness or the proceeds are otherwise not available to pay the full repair of all damage, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s 's intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , Landlord shall make such repairs as soon as reasonably possible, possible and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from form Landlord. If Tenant does not give such notice within the thirty ten (3010) day period, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's Share of any deductible amount payable under the property insurance for the Building(s) Building as part of Operating Expenses, subject to any limitations in which the Premises are located shall be an Operating ExpenseSection 5.1(a). In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to Tenant's use and enjoyment of the Premises is materially impaired and the event of such damage or destruction is not fully covered by insurance that proceeds received by Landlord (or would have been available had Landlord secured the Landlord is insurance required to maintain pursuant to under this Lease Lease), or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtednessindebtedness and such amounts are actually applied, then Landlord shall have the right, right at Landlord’s 's option, in Landlord's sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit into escrow Landlord's estimated cost of such repairs (based on fixed price construction contracts to be entered into by Landlord and agreeable to Tenant in its reasonable discretion) not later than five (5) business days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty (30) days after receipt of an invoice from Landlord, indicating payment of such amounts. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord's sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's Share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Building as part of Operating ExpenseExpenses. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s 's option, in Landlord's sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right right, but not the obligation, within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later than fifteen (15) business days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty (30) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord's sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance proceeds received (or that would have been received had Landlord carried the insurance it is obligated to carry under this Lease) by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage. In the event Landlord elects not to terminate the Lease under this Section 19.2, and if Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only during the period the Premises are unfit for occupancy. In the event Landlord has elected to terminate the Lease under this Section 19.2, but Tenant has avoided that termination by committing to pay the cost of the repair, there shall be no abatement of Rent.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant’s Share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating ExpenseBuilding. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Xxxxxx's Share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating ExpenseBuilding, up to a maximum of $25,000 per casualty incident. In the event that the Premises or any portion of the Building(s) Building or the Project is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured proceeds received by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtednessLandlord, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later than ten (10) days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty fifteen (3015) days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of damage or destruction is not fully covered by insurance that the an Uninsured Casualty, Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the rightmay, at Landlord’s option, either to its option and at its sole discretion (i) repair such damage rebuild or restore the Premises as soon as reasonably possible at Landlord’s expense to the condition existing immediately prior to the damage or destruction (which, if so elected, shall be performed promptly following receipt of all required governmental permits and approvals and with all due diligence), in which event this Lease shall continue in full force and effect or (ii) terminate this Lease, in which event Landlord shall give written notice to Tenant within thirty sixty (3060) days after the date event of the occurrence of such damage or destruction of Landlord’s intention election to terminate this Lease as of the date of the occurrence event of damage or destruction. If such damageUninsured Casualty was caused by the gross negligence or willful misconduct of Tenant or any Tenant Related Parties, then Tenant shall be liable to Landlord therefor. In the event If Landlord elects to terminate this LeaseLease pursuant to the provisions of this subparagraph due to lack of funds, Tenant shall have the right within right, at Tenant’s sole election, to contribute any shortfall, in which case Landlord’s election to terminate shall be of no further force or effect and Landlord shall rebuild or restore the Premises pursuant to the provisions of this Article 15. If Landlord is obligated to rebuild or restore the Premises pursuant to the terms of the immediately preceding sentence, then, as a condition precedent to such obligation, Tenant shall contribute to Landlord in cash the shortfall in funds prior to the date that Landlord notifies Tenant that Landlord is ready to commence, or cause to be commenced, the rebuilding or restoration of the Premises. Such notice by Landlord to Tenant shall be given to Tenant at least thirty (30) days after receipt of such notice prior to give written notice the date that Landlord intends to Landlord of Tenant’s intention commence, or cause to pay be commenced, the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty (30) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty (30) day period, this Lease shall terminate automatically as rebuilding or restoration of the Casualty DatePremises.

Uninsured Casualty. Subject to Section 7.2.2, any Any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, at Landlord’s option, either to (i) repair such damage as soon as reasonably possible at Landlord’s expense or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty ten (3010) day period, this Lease shall terminate automatically as of the Casualty Date.

Uninsured Casualty. Subject to Section 7.2.2, 7.2.2 any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of damage or destruction is not fully covered by insurance that the Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, at Landlord’s option, either to (i) repair such damage as soon as reasonably possible at Landlord’s expense or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty (30) days after receipt of such notice to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty (30) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty (30) day period, this Lease shall terminate automatically as of the Casualty Date.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for or the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, at Landlord’s option, either to (i) repair Landlord’s Initials Tenant’s Initials such damage as soon as reasonably possible at Landlord’s expense or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty ten (3010) day period, this Lease shall terminate automatically as of the Casualty Date.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s 's intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , Landlord shall make such repairs as soon as reasonably possible, possible and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty ten (3010) day period, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage. Notwithstanding the foregoing, in the event that the cost of repair of such uninsured damage does not exceed in the aggregate $50,000.00, (x) neither Landlord nor Tenant shall have the right to terminate this Lease by reason of such uninsured damage and this Lease, (y) Tenant shall pay to Landlord one-half of the cost of repair of such uninsured damage, and (z) Landlord, without further cost or expense to Tenant, shall make such repairs as soon as reasonably possible.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating ExpenseBuilding. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's Share of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Building as part of Operating ExpenseExpenses. In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s 's option, in Landlord's sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later than five (5) business days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty (30) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord's sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject If, at any time during the term hereof, the ------------------ premises are damaged, except by a negligent or intentional act or omission of Tenant or any of Tenant's agents, employees or invitees, and such damage was caused by a casualty not covered by fire and extended coverage insurance, or for which there are insufficient insurance proceeds to Section 7.2.2, any deductible amount payable under the property insurance fully pay for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion cost of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of damage or destruction is not fully covered by insurance that the such repairs, Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the rightmay, at Landlord’s 's option, either to (i) repair such damage damages as soon as reasonably possible at Landlord’s expense 's expense, in which event this lease shall continue in full force and effect; or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to cancel and terminate this Lease lease. If Landlord has exercised option (ii) above, Tenant shall have the right within ten (10) days after the receipt of Landlord's notice of intention to cancel, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this lease shall be cancelled and terminated as of the date of the occurrence of such damage. In Landlord shall have the event Landlord elects option not to terminate this Leaselease in the event such destruction resulted from the negligent or intentional acts or omissions of Tenant or any of Illegible ---------- Initials -17- Tenant's agents, employees or invitees, and in such event, Tenant shall have the right within thirty (30) days after receipt of such notice continue to give written notice to Landlord of Tenant’s intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, be responsible for all rent and other obligations under this Lease shall continue in full force and effect. Landlord shall make such repairs as soon as reasonably possible, and Tenant shall reimburse Landlord for such repairs within thirty (30) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty (30) day period, this Lease shall terminate automatically as of the Casualty Date.lease,

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) Premises is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s 's intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , Landlord shall make such repairs as soon as reasonably possible, possible and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant does not give such notice within the thirty ten (3010) day period, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject If the Lease is not terminated, as set forth above, Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's share of any deductible or retention amount payable under the property insurance for the Building(s) in which Building (but for earthquake insurance retention or deductible, subject to the Premises are located shall be an Operating ExpenseEarthquake Cap). In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtednessindebtedness or the Premises cannot be restored within sixty (60) days of the issuance of permits for the necessary repair or reconstruction, then Landlord shall have the right, right at Landlord’s 's option, in Landlord's sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later than five (5) business days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord's sole and absolute discretion, to immediately terminate this Lease to be effective as of the date of the occurrence of the damage. If Tenant is reasonably required to vacate all or a portion of the Premises during Landlord's repair thereof, the Base Rent and Additional Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises), from the date Tenant vacates all or a portion of the Premises that was damaged only during the period that such portion of the Premises are unfit for occupancy. In any event, if the repairs cannot be completed within one hundred fifty (150) days after such damage, Tenant may terminate this Lease by giving written notice within ten (10) days after notice from Landlord specifying such time period of repair; and this Lease shall terminate automatically as of and the Casualty DateRent shall be abated from the date Tenant vacates the Premises.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured be maintained by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtednessLandlord, then Landlord shall have the right, right at Landlord’s 's option, in Landlord's sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damageshortfall in insurance proceeds, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated shortfall in insurance proceeds not later than five (5) business days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and plus insurance proceeds, Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord's sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage. If Landlord does not elect to terminate this Lease, or is not entitled to terminate this Lease following any damage described in this paragraph, then Landlord shall, to the extent of insurance proceeds available for such purpose, repair such damage as soon as reasonably possible at Landlord's expense. Notwithstanding anything to the contrary in this Article 21, Landlord shall not have the right to terminate this Lease if the cost of repair or restoration to the Premises would cost less than three percent (3%) of the replacement cost of the Premises.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's Share of any deductible or retention amount payable under the property insurance for the Building(s) Building as part of Operating Expenses (subject to the limitations expressly set forth in which the Premises are located shall be an Operating ExpenseArticle 5 above). In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s 's option, in Landlord's sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later than five (5) business days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord's sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant’s Percentage of any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating ExpensePremises. In the event that the Premises or any portion of the Building(s) is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, in Landlord’s sole and absolute discretion, either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than five (5) business days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty ten (3010) business days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, Landlord shall have the right, in Landlord’s sole and absolute discretion, to immediately terminate this Lease shall terminate automatically to be effective as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord any deductible or retention amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating ExpenseBase, Shell and Core. In the event that the Premises or any portion of the Building(s) Base, Shell and Core is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty (30) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following condition: Tenant shall deposit with Landlord Landlord’s estimated cost of such repairs not later than thirty (30) days prior to Landlord’s commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty (30) days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord’s final payment to Landlord’s contractor. If Tenant does not give such notice within the thirty (30) day period, or fails to make such deposit as required, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject Tenant shall be responsible for and shall pay to Section 7.2.2, Landlord Tenant's Share of any deductible or retention amount payable under the property insurance for the Building(s) Building (provided that in which no event shall Tenant be responsible for the Premises are located shall be an Operating Expenseextent of any deductible or retention amount in excess of $100,000 per casualty event). In the event that the Premises or any portion of the Building(s) Building is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s intention 's commitment to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , and Landlord shall make such repairs as soon as reasonably possiblepossible subject to the following conditions: Tenant shall deposit with Landlord Landlord's estimated cost of such repairs not later than ten (10) days prior to Landlord's commencement of the repair work. If the cost of such repairs exceeds the amount deposited, and Tenant shall reimburse Landlord for such repairs excess cost within thirty fifteen (3015) days after receipt of an invoice from Landlord. Any amount deposited by Tenant in excess of the cost of such repairs shall be refunded within thirty (30) days of Landlord's final payment to Landlord's contractor. If Tenant does not give such notice within the thirty ten (3010) day period, or fails to make such deposit as required, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of ------------------ the Building(s) Premises is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right (but not the obligation) within thirty ten (3010) days after receipt of such notice to give written notice to Landlord landlord of Tenant’s 's intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , Landlord shall make such repairs as soon as reasonably possible, possible and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises only to the extent rental abatement insurance proceeds are received by Landlord and only during the period that the Premises are unfit for occupancy. If Tenant does not give such notice within the thirty (30ten ( 10) day period, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.

Uninsured Casualty. Subject to Section 7.2.2, any deductible amount payable under the property insurance for the Building(s) in which the Premises are located shall be an Operating Expense. In the event that the Premises or any portion of ------------------ the Building(s) Premises is damaged to the extent Tenant is unable to use the Premises and the event of such damage or destruction is not fully covered by insurance that the proceeds received by Landlord is required to maintain pursuant to this Lease or in the event that the holder of any indebtedness secured by the Premises requires in accordance with California law, that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right, right at Landlord’s option, 's option either to (i) to repair such damage as soon as reasonably possible at Landlord’s expense 's expense, or (ii) to give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord’s 's intention to terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to terminate this Lease, Tenant shall have the right (but not the obligation) within thirty ten (3010) days after receipt of such notice to give written notice to Landlord of Tenant’s 's intention to pay the cost of repair of such damage, in which event, following the securitization of Tenant’s funding commitment in a form reasonably acceptable to Landlord, event this Lease shall continue in full force and effect. , Landlord shall make such repairs as soon as reasonably possible, possible and Tenant shall reimburse Landlord for such repairs within thirty fifteen (3015) days after receipt of an invoice from Landlord. If Tenant is required to vacate all or a portion of the Premises during Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises only to the extent rental abatement insurance proceeds are received by Landlord and only during the period that the Premises are unfit for occupancy. If Tenant does not give such notice within the thirty ten (30l0) day period, this Lease shall terminate automatically as of the Casualty Datedate of the occurrence of the damage.