Common use of UNTENANTABILITY Clause in Contracts

UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.

UNTENANTABILITY. If In the premises event the Premises, Building or the Building Project are made unfit for occupancy damaged by fire or other casualtyinsured casualty and the insurance proceeds have been made available therefore by the holder or holders of any mortgages or deeds of trust, acts the damage shall be repaired by and at the expense of GodLandlord to the extent of such insurance proceeds available therefore, provided such repairs can, in Landlord’s sole opinion, be made within one hundred twenty (120) days after the occurrence of such damage without the payment of overtime or other causepremiums. Until such repairs are completed, Lessor the rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business. If repairs cannot, in Landlord’s sole opinion be made within one hundred twenty (120) days, Landlord may elect at its option make these within a reasonable time and, if agreed to by Tenant, this Lease shall continue in effect. In the case of repairs, which in Landlord’s opinion cannot be made within one hundred twenty (a120) days Landlord shall notify Tenant within thirty (30) days of the date of occurrence of such damage as to terminate whether or not Landlord elects to make such repairs and if no such repairs and if no such notice is given, Landlord shall be deemed to have elected to make such repairs. If Landlord elects not to make such repairs or if said repairs cannot be made within one hundred twenty (120) days of notice, then either party may, by written notice to the other, cancel this Lease as of the date when of the premises or occurrence of such damage and Tenant must vacate the Building are so made unfit for occupancy, by written notice to Lessee Premises within ninety thirty (9030) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such terminationnotice. Except as provided in this ParagraphSection, neither party hereto there shall have the right to terminate this Lease be no abatement of rent and no liability of Landlord by reason of damage any injury to, damage or destruction ofinterference with Tenant’s business or property arising from any such fire or other casualty or from the making or not making of any repairs, alterations or improvements in or to any portion of the premises Premises, Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant understands that Landlord will not carry insurance of any kind on Tenant’s furniture or furnishings or on any fixtures or equipment removable by Tenant under the Buildingprovisions of this Lease and that Landlord shall not be obliged to repair any damage thereto or replace the same. Landlord shall not be required to repair any injury or damage caused by fire or other cause, or to make any repairs or replacements to or of improvements installed in the Premises by or for Tenant.

UNTENANTABILITY. If the premises or the Building Leased Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Base Monthly Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Leased Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Leased Premises cannot, in Landlord's opinion, be restored to tenantability by the Landlord within a period of sixty (60) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenants' fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Leased Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Leased Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Leased Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense Tenant within one hundred eighty twenty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10120) days after the expiration date of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisessuch casualty. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to and including the effective date fifteen (15) days after the giving of such terminationnotice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. Except as provided in this ParagraphIn the event neither Landlord nor Tenant cancels the Lease, neither party hereto shall have the right within sixty (60) days and Landlord wishes to terminate this Lease by reason of damage to, or destruction ofeffect such restoration, the premises or the BuildingLandlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense. In no event shall Landlord be required to expend funds in excess of its insurance recovery on such restoration.

UNTENANTABILITY. If (a) In the premises event the Premises, Building or the Building Project are made unfit for occupancy damaged by fire or other casualtyinsured casualty and the insurance proceeds have been made available therefore by the holder or holders of any mortgages or deeds of trust, acts the damage shall be repaired by and at the expense of GodLandlord to the extent of such insurance proceeds available therefore, provided such repairs can, in Landlord's reasonable opinion, be made within one hundred twenty (120) days after the occurrence of such damage without the payment of overtime or other causepremiums. From the date such damages occur until such repairs are completed, Lessor the rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business. If repairs cannot, in Landlord's sole opinion be made within one hundred twenty (120) days, Landlord may elect at its option make these within a reasonable time and, if agreed to by Tenant, this Lease shall continue in effect. In the case of repairs, which in Landlord's opinion cannot be made within one hundred twenty (a120) days Landlord shall notify Tenant within thirty (30) days of the date of occurrence of such damage as to terminate whether or not Landlord elects to make such repairs, and if no such notice is given, Landlord shall be deemed to have elected to make such repairs. If Landlord elects not to make such repairs or if said repairs cannot be made within one hundred twenty (120) days of notice, then either party may, by written notice to the other, cancel this Lease as of the date when of the premises or occurrence of such damage and Tenant must vacate the Building are so made unfit for occupancy, by written notice to Lessee Premises within ninety thirty (9030) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such terminationnotice. Except as provided in this ParagraphSection, neither party hereto there shall have the right to terminate this Lease be no abatement of rent and no liability of Landlord by reason of damage any injury to, damage or destruction ofinterference with Tenant's business or property arising from any such fire or other casualty or from the making or not making of any repairs, alterations or improvements in or to any portion of the premises Premises, Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant understands that Landlord will not carry insurance of any kind on Tenant's furniture or furnishings or on any fixtures or equipment removable by Tenant under the Buildingprovisions of this Lease and that Landlord shall not be obliged to repair any damage thereto or replace the same. Landlord shall not be required to repair any injury or damage caused by fire or other cause, or to make any repairs or replacements to or of improvements installed in the Premises by or for Tenant.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of sixty (60) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenant's fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense Tenant within one hundred eighty twenty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10120) days after the expiration date of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisessuch casualty. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to and including the effective date fifteen (15) days after the giving of such terminationnotice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. Except as provided in this ParagraphIn the event neither Landlord nor Tenant cancels the Lease, neither party hereto shall have the right within sixty (60) days and Landlord wishes to terminate this Lease by reason of damage to, or destruction ofeffect such restoration, the premises or the BuildingLandlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense.

UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's ’s expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.

UNTENANTABILITY. If the condition referred to in Section 9.2 is such so as to make the entire premises untenantable, then the rental which Tenant is obligated to pay hereunder shall abatx xx of the date of the occurrence until the premises have been fully and completely restored by Landlord. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated. If the premises are partially damaged or destroyed, then during the Building period that Tenant is deprived of the use of the damaged portion of said premises, Tenant shall be required to pay rental covering only that part of the premises that it is able to occupy, based on the portion of the total rent which the amount of square foot area remaining that can be occupied bears to the total square foot area of all premises covered by this Lease. In the event the premises are made unfit for occupancy substantially or totally destroyed by fire or other casualtycasualty so as to be entirely untenantable, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within and it shall require more than ninety (90) days after that datefrom the date of said fire or other casualty for Landlord to complete restoration of same, or (b) then Landlord, upon written notice to repairTenant, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of in which case the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis and paid to and including the effective date of said Fire or other casualty. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such terminationother delays as may result from government restrictions, and controls on construction, if any, and or strikes, national emergencies and other conditions beyond the control of Landlord. Except as provided in this ParagraphNo compensation, neither party hereto shall have the right to terminate this Lease or claim, or diminution of rent will be allowed or paid by Landlord, by reason of damage toinconvenience, annoyance, or destruction ofinjury to business, arising from the premises necessity or repairing the BuildingDemised Premises or any portion of the building of which they arc a part.

UNTENANTABILITY. 18. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within forty five (45) days after that occurrence. In the alternative, Landlord may elect to repair the building or the premises at the Landlord’s expense within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty ninety (18090) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day time when the premises or the building were made unfit for occupancy, by notice to the other party not later than thirty (30) days after expiration of such one hundred eighty said ninety (18090) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days’ written notice of damage to, or destruction of, the premises or the Buildingsuch termination.

UNTENANTABILITY. If In the premises or the Building event (a) Premises are made unfit for occupancy untenantable by fire or other casualty, acts of God, casualty and Landlord shall decide not to restore or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that daterepair same, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled so damaged by fire or other casualty that Landlord shall decide to take possession of all damaged areas and to undertake reconstruction demolish or repairs; and if Lessor elects so to repairnot rebuild the same, restorethen, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day in any of such one hundred eighty (180) day periodevents, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto Landlord shall have the right to terminate this Lease by reason notice to Tenant within ninety (90) days after the date of damage tosuch fire or other casualty and the Rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty. In the event the Premises are made untenantable by fire or other casualty and Landlord shall decide to rebuild and restore the same, this Lease shall not terminate and Landlord shall repair and restore the Premises at Landlord's expense and with due diligence, subject, however, to (i) reasonable delays for insurance adjustments and (ii) delays caused by forces beyond Landlord's control, and the Rent shall xxxxx on a per diem basis the period or destruction ofreconstruction and repair. In the event the Premises are partially damaged by fire or other casualty but are not made wholly untenantable, then Landlord shall, except during the last year of the term hereof proceed with all due diligence to repair and restore the Premises, subject, however, to (i) reasonable delays for insurance adjustments, and (ii) delays caused by forces beyond Landlord's control. In such event, the premises Rent shall xxxxx in proportion to the nonusability of the Premises during the period while repairs are in progress. If the Premises are made partially untenantable as aforesaid during the last year of the Term hereof, as said Term may have been extended or renewed either Tenant or Landlord shall have the Buildingright to terminate this Lease as of the date of fire or other casualty, in which event, the Rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty.

UNTENANTABILITY. 18. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within forty five (45) days after that occurrence. In the alternative, Landlord may elect to repair the building or the premises at the Landlord's expense within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty ninety (18090) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day time when the premises or the building were made unfit for occupancy, by notice to the other party not later than thirty (30) days after expiration of such one hundred eighty said ninety (18090) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days' written notice of damage to, or destruction of, the premises or the Buildingsuch termination.

UNTENANTABILITY. If In the event the premises or the Building are made unfit for occupancy building in which the premises is located is damaged by fire or other casualty, acts Landlord shall forthwith repair the same provided such repairs can be made within sixty (60) days under the laws and regulations of Godthe state, or other causefederal, Lessor may elect county and municipal authorities and this lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the premises. If such repairs cannot be made within sixty (60) days, Landlord shall have the option to either (a) repair and restore such damage, this lease continuing in full force and effect, but the rent to terminate be proportionately reduced as hereinabove in this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that dateParagraph 16 provided, or (b) give notice to repair, restore, or rehabilitate the premises or the Building Tenant at Lessor's expense any time within one hundred eighty thirty (18030) days after Lessor is enabled such damage terminating this lease as of a date to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repairbe specified in such notice, restore, or rehabilitate the premises or the Building, this Lease which date shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under less than thirty (b30) above and shall not substantially complete the work within said one hundred eighty days nor more than sixty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (1060) days after the expiration giving of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisessuch notice. In the event of termination the giving of such notice, this Lease pursuant lease shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to this Paragraphwhich same damage interfered with the business carried on by Tenant in the premises, rent shall be apportioned on a per-diem basis paid up to and including the effective date of such termination, Landlord agreeing to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Except as provided Landlord shall not be required to repair any injury or damage by fire or other cause to the property of Tenant, or to make any repairs or replacement of any panelling, decorations, partitions, railing, ceilings, floor covering, or any improvements installed on the premises by Tenant. During the last twelve (12) months of the term of this Lease in this Paragraphthe event that the premises are damaged to such extent that they cannot reasonably be repaired and restored within six (6) months following the casualty, neither party hereto then Tenant shall have the right to terminate this Lease by reason written notice given to Landlord not later than thirty (30) days after such casualty. The provisions of damage toSection 1932, or destruction ofSubdivision 2, and 1933, Subdivision 4 of the premises or the BuildingCivil Code of California are hereby waived by Tenant.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of one hundred eighty (180) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenants fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety one hundred twenty (90120) days after that datethe date of such casualty. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. In the even neither Landlord not Tenant cancels the Lease, or (b) if in the Landlord's opinion the Premises can be restored to repair, restore, or rehabilitate the premises or the Building at Lessor's expense tenantability within one hundred eighty (180) days after Lessor is enabled and Landlord wishes to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of effect such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction ofrestoration, the premises or the Building.Landlord shall,

UNTENANTABILITY. If the condition referred to in Section 9.2 is such so as to make the entire premises untenantable, then the rental which Tenant is obligated to pay hereunder shall axxxx as of the date of the occurrence until the premises have been fully and completely restored by Landlord. Any unpaid or prepaid rent for the month in which said condition occurs shall be prorated. If the premises are partially damaged or destroyed, then during the Building period that Tenant is deprived of the use of the damaged portion of said premises, Tenant shall be required to pay rental covering only that part of the premises that it is able to occupy, based on the portion of the total rent which the amount of square foot area remaining that can be occupied bears to the total square foot area of all premises covered by this Lease. In the event the premises are made unfit for occupancy substantially or totally destroyed by fire or other casualtycasualty so as to be entirely untenantable, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within and it shall require more than ninety (90) days after that datefrom the date of said fire or other casualty for Landlord to complete restoration of same, or (b) then Landlord, upon written notice to repairTenant, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of in which case the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis and paid to and including the effective date of said fire or other casualty. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such terminationother delays as may result from government restrictions, and controls on construction, if any, and or strikes, national emergencies and other conditions beyond the control of Landlord. Except as provided in this ParagraphNo compensation, neither party hereto shall have the right to terminate this Lease or claim, or diminution of rent will be allowed or paid by Landlord, by reason of damage toinconvenience, annoyance, or destruction ofinjury to business, arising from the premises necessity of repairing the Demised Premises or any portion of the Buildingbuilding of which they are a part.

UNTENANTABILITY. If the premises Premises or the Building are made unfit for occupancy or any substantial part of either is damaged or destroyed by fire or other casualty, acts of Godcause or condition whatsoever, such that the damage or other causedestruction cannot be repaired within one hundred fifty (150) days, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancyLandlord may, by written notice to Lessee Tenant given within ninety thirty (9030) days after that datesuch damage, terminate this Lease as to all the Premises covered by this Lease. If the Premises are damaged or the access or use thereof is materially impaired by the damage, then Landlord's termination shall be effective as of the date of such damage; otherwise said termination shall be effective thirty (30) days after receipt of such notice by Tenant. Landlord agrees to give notice (the "Repair Notice") to Tenant within twenty (20) days after Tenant notifies Landlord of any such fire or other casualty and requests a Repair Notice; the Repair Notice will state the time Landlord requires to repair and restore the Premises and/or Building and will contain either a promise by Landlord to complete the repairs and restoration within such time (subject to force majeure), or (b) a statement by Landlord that it elects to repair, restore, or rehabilitate terminate by reason of the premises or the Building at Lessor's expense damage not being repairable within one hundred eighty fifty (180150) days after Lessor days. If the Repair Notice is enabled not given by Landlord within the time required or does not contain a promise by Landlord to take possession of all damaged areas complete such repairs and to undertake reconstruction or repairs; and if Lessor elects so to repairrestoration within the Required Time (as defined below), restore, or rehabilitate the premises or the Building, Tenant may terminate this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to Landlord provided that Tenant gives such notice within thirty (30)days after expiration of the other not later than ten twenty (1020) day period specified above. The "Required Time" means one hundred twenty (120) days after with respect to any damage that renders thirty percent (30%) or less of the expiration of said Premises unstable for the purposes contemplated herein and one hundred eighty fifty (180150) day perioddays for any other damage. If Landlord fails to complete repairs and restoration within the time stated in the Repair Notice to Tenant other than as a result of force majeure, computed as herein Tenant shall be entitled to terminate this Lease by written notice given to Landlord before the applicable repairs and restoration are complete; provided, and Lessor shall have no liability to Lessee for failure to restorehowever, repair, or rehabilitate the premises. In the event of termination of that before terminating this Lease pursuant to this Paragraphsentence, rent shall be apportioned on a per-diem basis Tenant must first give Landlord at least fifteen (15) days’ notice of Tenant's intention to terminate. If within such fifteen (15) day period, Landlord completes the repairs and including the effective date restoration required of such termination. Except as provided in this Paragraphit, neither party hereto Tenant shall have the no further right to terminate this Lease pursuant to the preceding sentence. Unless this Lease is terminated as hereinabove provided, Landlord shall proceed with due diligence to restore, repair and replace the Premises and Building to substantially the same condition as they were in as of the Commencement Date of this Lease and from and after the date of such damage until the date of completion of said repairs, replacements and restorations, a just proportion of Rent herein shall xxxxx according to the extent the full use and enjoyment of the Premises are materially impaired by reason of damage tosuch damage. Landlord shall be under no duty to restore any alterations, improvements or destruction ofadditions made by Tenant. Landlord's obligations under this Section shall be limited to the extent of insurance proceeds payable as a result of the casualty, the premises cause or the Buildingcondition.

UNTENANTABILITY. (1) If any fire or other casualty (whether insured or uninsured) renders all or a substantial portion of the premises Premises or the Building are made unfit for occupancy Untenantable (and the term "Untenantable" as used in this Article 14 shall include inaccessibility of the Premises such that Tenant is unable to and does not use the Premises), Landlord shall, with reasonable promptness after the occurrence of such damage, reasonably estimate the length of time that will be required to Substantially Complete the repair and restoration and shall by fire notice advise Tenant of such estimate ("Landlord's Notice"). If Landlord reasonably estimates that the amount of time required to Substantially Complete such repair and restoration will exceed one hundred eighty (180) days (or other casualtysixty (60) days during the last two (2) Lease Years of the then applicable Term provided, acts if Tenant then properly elects to extend the Term of Godthis Lease, or other causethen the 180-day test shall apply, Lessor may elect in place of the 60-day test) from the date such damage occurred, then: (a) if the Premises is rendered completely Untenantable, Tenant shall have the right to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by damage upon giving written notice to the other not later than ten at any time within twenty (1020) days after the expiration delivery of said one hundred eighty (180) day period, computed as herein providedLandlord's Notice, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto (b) Landlord shall have the right to terminate this Lease by reason if Landlord terminates the leases of damage toall similarly situated tenants (i.e., Landlord does not discriminate against Tenant in terminating this Lease) or destruction ofif Landlord does not intend to rebuild the Building in its current form, and Landlord's Notice may also constitute such notice of termination. The term "Untenantable" as used in this Article Fourteen shall mean: (i) with respect to all or part of the premises or Premises (as applicable), that as a result of the casualty, Tenant is unable to conduct its business in the affected portion of the Premises in substantially the manner that it was conducting its business prior to the casualty and does not use the portion of the Premises so affected, and (ii) with respect to the Building other than the Premises, that as a result of the casualty, Landlord and other occupants of the Building are unable to conduct their respective businesses in substantially the manner that they were conducting such businesses prior to the casualty and do not use the Building. In the event that this Lease is not terminated and Tenant continues to operate its business at the Premises during the reconstruction of the Building, Landlord shall, in its performance of such construction, use reasonable efforts to minimize disruption and/or inconvenience to Tenant's business; provided, however, that the parties acknowledge that some disruption and/or inconvenience will inevitably occur due to the performance of such reconstruction work.

UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, and cannot be repaired within ninety (90) days, either Lessee or Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that datethe other party, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.

UNTENANTABILITY. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within ninety (90) days after that dateoccurrence. In the alternative, Landlord may elect to repair the building or (b) to repair, restore, or rehabilitate the premises or at the Building at LessorLandlord's expense within one hundred eighty (180) days after Lessor the Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty (180) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day of such one hundred eighty (180) day periodtime when the premises or the building were made unfit for occupancy, by written notice to the other party not later than ten thirty (1030) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days' written notice of damage to, or destruction of, the premises or the Buildingsuch termination.

UNTENANTABILITY. If the premises Premises or the Building are made unfit for occupancy untenantable by fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease Agreement as of the date when the premises or the Building are so made unfit for occupancy, of such casualty by written notice to Lessee the Tenant within ninety (90) thirty days after that date, or (b) to repair, restore, or rehabilitate repair all damage to the premises Premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled so that the same shall be restored to take possession of all damaged areas and such condition as existed immediately prior to undertake reconstruction or repairs; and if Lessor such damage. If the Landlord elects so to repairterminate this Agreement, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis and be paid to the extent date of the fire or casualty. If the Landlord elects to restore the Premises and Building, such restoration shall be completed with reasonable promptness in substantially the same condition as existed immediately prior to the casualty. If the Premises are unusable during such restoration, or if the Tenant is reasonably required to close its operations while such repairs are made, the rent shall abatx xxxing such period of repair while such operations have ceased. If the Tenant continues to operate on the Premises during such repairs, but is unable to use a substantial portion of the Premises, then the rent shall be prorated in the proportion which the area of unusable leased space bears to the total Premises for the period that said space is unusable. The Landlord will not be liable for business losses to the premises Tenant by reason of damage to the Premises except for that damage caused by the negligent or willful actions of the Landlord. Notwithstanding anything contained in this Section 9 to the contrary, if the Premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work or cannot be made tenantable within said one hundred eighty twenty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10120) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraphthe casualty for any reason whatsoever, neither party hereto shall have the right to Tenant may terminate this Lease by reason of damage to, or destruction of, Agreement and the premises or the BuildingLease.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualtycasualty the Rent, acts until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per them basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the fault or negligence of the Tenant, its contractors, agents, or other causeemployees. If such damage shall be so extensive that the Premises cannot be restored to Building Standard by the Landlord within a period of four (4) months, Lessor may elect (a) either party shall have the right to terminate cancel this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day periodsuch damage, computed as herein provided, and Lessor except that if such fire or casualty resulted from the Tenant's fault or negligence the Tenant shall have no liability right to Lessee for failure cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to restorealter the Premises materially, repair, or rehabilitate the premisesLandlord may cancel this Lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the Term of this Lease. If this Lease is not so terminated, the Landlord will promptly repair the damage; however, no damage, compensation, or claim shall be apportioned on a per-diem basis to and including payable by Landlord for any inconvenience, loss of business or annoyance arising from the effective date fire or casualty or from any repair or restoration of such termination. Except as provided in this Paragraph, neither party hereto shall have any portion of the right to terminate this Lease by reason of damage to, or destruction of, the premises Premises or the Building.