Common use of Casualty Damage Clause in Contracts

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety thirty (9030) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualtycasualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of Tenant's furniture and equipmentthe Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire fee or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that (i) substantial alteration or reconstruction of the Building shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) such that that the Building cannot be substantially restored to the condition which existed immediately prior to the damage or destruction within twenty-four (24) months after the fire or other casualty, or (ii) in the event any mortgagee under a first mortgage or first deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt debt, or (iii) in the event of any material uninsured loss the occurrence of a casualty which is not insured under the insurance required to be carried by Landlord pursuant to the Buildingterms of Section 20, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within fifteen (15) days after the date of Landlord’s receipt of the estimated cost of reconstruction or determination by a mortgagee to take the proceeds in which event the Rent hereunder shall be abated as of the date of such damage. If Landlord does not elect to terminate this Lease, Landlord shall, as soon as practicable, but no more than ninety (90) days after the date of such damage. If Landlord does not thus elect , commence to terminate this Lease, Landlord repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was in immediately prior to the happening occurrence of the fire or other casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant’s furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations to the Premises made by Tenant following the earliest Commencement Date pursuant to the terms of this Lease which were not approved by Landlord at Landlord's expense in originally constructing the Building writing, and installing the Tenant Improvements, nor Landlord shall Landlord not in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty, plus any deductible amounts thereunder. When If Landlord determines that insurance proceeds will be insufficient to restore the portions Building as required by this Section 23, Landlord may, at its option, elect to either (1) terminate this Lease by written notice to Tenant, or (2) provide the extra funds necessary to complete the restoration. In the event Landlord did not originally construct any Alterations to be repaired, the time for Landlord to commence and complete such repairs shall be extended by the amount of time necessary for Landlord to obtain detailed working drawings of the Premises originally furnished at Landlord's expense have been restored by LandlordAlterations to be repaired. In the event Landlord does not either commence the repairs to the Building within the time required herein, or complete the repairs to the Building within two hundred seventy (270) days after the date of such damage, Tenant shallmay terminate this Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, at Tenant's expense, complete as the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentcase may be. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution an equitable abatement of rent Rent during the time and to the extent the Premises are unfit for occupancyoccupancy and are vacated by Tenant. If the Premises or any other portion of the Building or the Project be Complex is damaged by fire or other casualty resulting from the fault or negligence intentional acts of Tenant or any employee, officer, contractor, agent, subtenant, or licensee of Tenant's agents, employees, or invitees, the rent Rent hereunder shall not be diminished abated during the repair of such damage damage, and Tenant shall be remain liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedspayment thereof.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee the Premises have been damaged and there is less than two (2) years of the Building Lease Term remaining on the date of such casualty or in the event any Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. Such termination shall be effective as of the date of fire or casualty, with respect to any portion of the Premises that was rendered untenantable, and the date specified in Landlord's notice, with respect to any portion of the Premises that remained tenantable. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (provided that Landlord shall not be required to restore any unleased premises in the Building) and the Leasehold Improvements (but excluding any improvements, alterations or additions made by Tenant in violation of this Lease) located within the Premises, if any, which Landlord has insured to substantially the same condition they were in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the Leasehold Improvements, if any, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs to the Premises originally furnished at Landlord's expense have been restored completed by Landlord, Tenant shall, at shall complete the restoration or replacement of all Tenant's expenseProperty necessary to permit Tenant's reoccupancy of the Premises, complete the and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's ability to pay such costs prior to Landlord's commencement of repair and restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a per diem basis during the time and to the extent the Premises are unfit for occupancyuntenantable. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteescontractors, the rent Rent hereunder shall not be diminished during any period during which the repair of such damage Premises, or any portion thereof, is untenantable, and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Landlord and Tenant hereby waive the provisions of any law from time to time in effect during the Lease Term relating to the effect upon leases of partial or total destruction of leased property. Landlord and Tenant agree that their respective rights in the event of any damage to or destruction of the Premises shall be those specifically set forth herein.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In Landlord shall notify Tenant of the estimated repair period within ninety (90) days after the date of such casualty. However, in case the Building shall be so damaged that substantial alteration or reconstruction to the extent greater than fifty percent (50%) of the replacement value of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not elect to terminate this Lease, but if the Premises are damages to the extent that Tenant reasonably estimates that it will be unable to conduct business in the Premises for a period of one hundred eighty (180) days, then Tenant shall have the right to terminate this Lease by notifying Landlord in writing of such termination within thirty (30) days following receipt of Landlord’s notice that Landlord does not elect to terminate this Lease as a consequence of said casualty. If neither Tenant nor Landlord thus elect elects to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all furniture, fixtures and equipment which are necessary to permit Tenant’s reoccupancy of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except thatthat Rent shall be abated from the date of the damage or destruction for any portion of the Premises that is unusable by Tenant, subject which abatement shall be in the same proportion that the RSF in the Premises which is unusable by Tenant bears to the total RSF in the Premises; provided that Tenant shall not be entitled to any abatement of Rent if the damage or destruction in the Premises is restored within five (5) business days after Landlord’s receipt of written notice from Tenant of the occurrence of the damage or destruction. The provisions of this Lease, including this Section 14, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the next sentencePremises, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises Building or any other portion of the Building Project, and any statute or regulation of the state in which the Project be damaged by fire is located, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other casualty resulting from the fault statute or negligence of Tenant regulation, now or hereafter in effect, shall have no application to this Lease or any of Tenant's agents, employees, damage or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable destruction to Landlord for the cost all or any part of the repair and restoration of Premises, the Building or any other portion of the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsProject.

Casualty Damage. If the Premises all or any part thereof shall be of the Premises is damaged by fire or other casualty, Tenant shall give prompt written notice thereof of such damage to Landlord. In case If either of the Building shall be Buildings is so damaged by fire or other casualty that substantial alteration or reconstruction of the such Building shallwill, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building), Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) 60 days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. In addition, if, in the reasonable judgment of Landlord’s contractor, the required repairs likely will take longer than 180 days to complete after they are commenced, Landlord shall give Tenant written notice within 45 clays after the date of the damage of the contractor’s determination and Tenant shall have the right to terminate this Lease by delivering a written termination notice to Landlord within 10 days after receiving Landlord’s notice, time being of the essence with respect to Tenant’s termination notice. If neither Landlord does not thus elect nor Tenant elects to terminate this Lease, and provided insurance proceeds and any contributions from Tenant, if necessary, are available to fully repair the damage, Landlord shall within 90 days after the date of such damage commence to repair and restore the Buildings and shall proceed with reasonable diligence to restore the Building Buildings (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to before the happening of the casualty; provided, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant’s furniture, furnishings or fixtures and equipment removable by Tenant or any improvements, alterations or additions installed by or for the benefit of Tenant under this Lease. Landlord at Landlord's expense shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount in excess of the insurance proceeds (excluding any deductible) and any contributions from Tenant, if necessary, actually received by Landlord as a result of the fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by Tenant or loss of Tenant’s personal property resulting in any way from such damage or the repair thereofof such damage, except that, subject to the provisions of the next sentence, Landlord that Rent shall allow Tenant a fair diminution of rent equitably xxxxx during the time and to the extent the Premises are unfit for occupancy. If In the Premises or event any other portion Mortgagee requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within 30 days after the date of notice to Tenant of any such event, whereupon all rights and obligations shall cease and terminate under this Lease. Notwithstanding the foregoing, if Landlord has not substantially completed the repairs this Section 24 requires within 270 days after the casualty occurs (subject to an extension of such period for any Tenant delay, provided that Landlord must give Tenant notice of any such delay promptly after Landlord becomes aware of the Building or delay), Tenant may terminate this Lease upon 30 days’ written notice delivered to Lender and Mortgagee before Landlord has substantially completed such required repairs, provided that if the Project be damaged by fire or other casualty resulting from the fault or negligence of required repairs are substantially completed within 30 days after Tenant or any of Tenant's agents, employees, or inviteesdelivered its termination notice, the rent hereunder termination notice will be ineffective. Tenant will not have the right to terminate the Lease under this Section 24 with respect to such casualty damage, and the Lease shall not be diminished during remain in full force and effect with the repair of such damage and same effect as if Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedshad never had a termination right under this Section 24.

Casualty Damage. A. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have has been damaged by such casualty) or in the event any mortgagee Landlord will not be permitted by applicable law to rebuild the Building in substantially the same form as existed prior to the fire or casualty or in the event the Premises has been materially damaged and there is less than two (2) years of the Building Lease Term remaining on the date of such casualty or in the event any Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. Such termination shall be effective as of the date of fire or casualty, with respect to any portion of the Premises that was rendered untenantable, and the effective date of termination specified in Landlord's notice, with respect to any portion of the Premises that remained tenantable. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (provided that Landlord shall not be required to restore any unleased premises in the Building) and the Leasehold Improvements (but excluding any improvements, alterations or additions made by Tenant in violation of this Lease) located within the Premises, if any, which Landlord has insured (or is required to insure) to substantially the same condition they were in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the Leasehold Improvements, if any, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs to the Premises originally furnished at Landlord's expense have been restored completed by Landlord, Tenant shall, at shall complete the restoration or replacement of all Tenant's expenseProperty necessary to permit Tenant's reoccupancy of the Premises, complete the and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's ability to pay such costs prior to Landlord's commencement of repair and restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a per diem basis during the time and to the extent any damage to the Premises are unfit for occupancycauses the Premises to be rendered untenantable and not used by Tenant. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesTenant Related Parties, the rent Rent hereunder shall not be diminished during any period during which the repair Premises, or any portion thereof, is untenantable (except to the extent Landlord is entitled to be reimbursed by the proceeds of such damage any rental interruption insurance), and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Landlord and Tenant hereby waive the provisions of any law from time to time in effect during the Lease Term relating to the effect upon leases of partial or total destruction of leased property. Landlord and Tenant agree that their respective rights in the event of any damage to or destruction of the Premises shall be those specifically set forth herein.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shallthat, in Landlord's sole opiniongood faith estimation, be the time required to repair and reconstruct the Building shall exceed one hundred eighty (180) days from the date of the casualty (whether or not the Premises shall have been damaged by such casualty) ), or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building that would not be covered by fire and extended coverage insurance commonly carried for commercial properties such as the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety sixty (9060) days after of the date of such damagethe casualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair proportional diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event any mortgagee under a first mortgage or first deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt debt, or in the event of any material uninsured loss the occurrence of a casualty which is not insured under the “all risk” extended coverage insurance required to be carried by Landlord pursuant to the Buildingterms of Section 20, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within fifteen (15) days after the date of Landlord’s receipt of the estimated cost of reconstruction or determination by a mortgagee to take the proceeds, in which event the Rent hereunder shall be abated as of the date of such damage. If Landlord does not elect to terminate this Lease, Landlord shall, as soon as practicable, but no more than ninety (90) days after the date of such damage. If Landlord does not thus elect , commence to terminate this Lease, Landlord repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was in immediately prior to the happening occurrence of the fire or other casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant’s furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations to the Premises made by Tenant following the Commencement Date which were not approved by Landlord at Landlord's expense in originally constructing the Building writing, and installing the Tenant Improvements, nor Landlord shall Landlord not in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty, plus any deductible amounts thereunder. When If Landlord determines that insurance proceeds will be insufficient to restore the portions Building as required by this Section 24, Landlord may, at its option, elect to either (1) terminate this Lease by written notice to Tenant, or (2) provide the extra funds necessary to complete the restoration. In the event Landlord did not originally construct any Alterations to be repaired, the time for Landlord to commence and complete such repairs shall be extended by the amount of time necessary for Landlord to obtain detailed working drawings of the Premises originally furnished at Landlord's expense have been restored by LandlordAlterations to be repaired. In the event Landlord does not either commence the repairs to the Building within the time required herein, or complete the repairs to the Building within two hundred seventy (270) days after the date of such damage, Tenant shallmay terminate the Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, at Tenant's expense, complete as the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentcase may be. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution an equitable abatement of rent Rent during the time and to the extent the Premises are unfit for occupancyoccupancy and vacated by Tenant. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence intentional acts of Tenant or any employee, officer, contractor, agent, subtenant, or licensee of Tenant's agents, employees, or invitees, the rent Rent hereunder shall not be diminished abated during the repair of such damage damage, and Tenant shall be remain liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedspayment thereof.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building), Landlord may, at its option, terminate tcrininate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect to terminate tenninate this Lease, and provided insurance proceeds and any contributions from Tenant, if necessary, are available to fully repair the damage, Landlord shall within one hundred twenty (120) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening hapging, of the casualty; provided, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part t Tc, ant's furniture, furnishings, fixtures and/or equipment removable by Tenant or ally improvements, alterations or additions installed by or for the benefit of Tenant under the provisions of this Lease. Landlord at Landlord's expense shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an all amount in excess of the insurance proceeds (excluding any deductible) and any contributions from Tenant, if necessary, actually received by Landlord as a result of the die fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any ally inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by the Tenant or loss of Tenant's personal propeny resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If Notwithstanding anything to the contrary contained herein, if die Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault intentional or negligence negligent acts or omissions of Tenant or any of Tenant's agentsRepresentatives, employees, or invitees, (i) the rent hereunder Rent shall not be diminished during the repair of such damage damage, (ii) Tenant shall not have any right to terminate this Lease due to the occurrence of such casualty or damage, and (iii) Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of all or any portion of the Building or the Project caused thereby (including, without limitation, any deductible) to the extent such cost and expense is not covered by insurance proceeds. In die event the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have die right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Tenant of any such event, whereupon all rights and obligations shall cease and terminate hereunder except for those obligations expressly intended to survive any such termination of this [.me. Except as otherwise provided in this Section 27, Tenant hereby waives the provisions of Sections 1932(2.), 1933(4.), 1941 and 1942 of die California Civil Code.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building), Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect to terminate this Lease, and provided insurance proceeds and any contributions from Tenant, if necessary, are available to fully repair the damage, Landlord shall within one hundred twenty (120) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty; provided, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, furnishings, fixtures and/or equipment removable by Tenant or any improvements, alterations or additions installed by or for the benefit of Tenant under the provisions of this Lease. Landlord at Landlord's expense shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount in excess of the insurance proceeds (excluding any deductible) and any contributions from Tenant, if necessary, actually received by Landlord as a result of the fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by the Tenant or loss of Tenant's personal property resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If Notwithstanding anything to the contrary contained herein, if the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault intentional or negligence negligent acts or omissions of Tenant or any of Tenant's agentsRepresentatives, employees, or invitees, (i) the rent hereunder Rent shall not be diminished during the repair of such damage damage, (ii) Tenant shall not have any right to terminate this Lease due to the occurrence of such casualty or damage, and (iii) Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of all or any portion of the Building or the Project caused thereby (including, without limitation, any deductible) to the extent such cost and expense is not covered by insurance proceeds. In the event the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Tenant of any such event, whereupon all rights and obligations shall cease and terminate hereunder except for those obligations expressly intended to survive any such termination of this Lease. Except as otherwise provided in this Section 27, Tenant hereby waives the provisions of Sections 1932(2.), 1933(4.), 1941 and 1942 of the California Civil Code.

Casualty Damage. If Tenant shall promptly notify Landlord or the Building Manager of any fire or other casualty to the Premises or to the extent it knows of damage, to the Building. In the event the Premises or any substantial part thereof of the Building is wholly or partially damaged or destroyed by fire or other casualty which is covered or required to be covered by Landlord's insurance hereunder, Landlord will proceed to restore the same to substantially the same condition existing immediately prior to such damage or destruction to the extent of insurance proceeds collected and made available by any mortgagee of Landlord unless, in Landlord's reasonable judgment, (i) such damage or destruction is incapable of repair or restoration within twelve months following the date of damage or destruction; or (ii) the insurance proceeds recovered by reason of the damage or destruction are inadequate to complete the restoration of the Building; or (iii) any mortgagee of Landlord shall fail to make insurance proceeds available for restoration (provided Landlord is not in default under its mortgage documents), in any of which events Landlord may, at Landlord's option and by written notice given to Tenant within sixty (60) days after such damage or destruction, declare this Lease terminated as of the happening of such damage or destruction without further recourse to either party. To the extent after fire or other casualty that Tenant shall be damaged by deprived of the use and occupancy of the Premises or any portion thereof as a result of any such damage, destruction or the repair thereof, providing Tenant did not cause the fire or other casualty, Tenant shall give prompt written notice thereof then so long as and to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in extent Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee recovery of the Building should require that the insurance proceeds payable Rent as a result of a casualty is covered or required to be applied covered by Landlord's insurance hereunder, Tenant shall be entitled to an equitable reduction in rent under this Lease as the amount of damaged or unusable space in the Premises bears to the payment rentable square footage of the mortgage debt Premises until such time as the Premises are restored. Landlord and Tenant shall reasonably determine the amount of damaged or unusable space and the square footage of the Premises referenced in the event of any material uninsured loss prior sentence. Tenant shall have the right to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety if (90i) days after the date of such damage. If Landlord does elects not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building and intends to substantially demolish the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation Building; or (ii) Landlord fails to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing within twelve (12) months following the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess date of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdestruction.

Casualty Damage. If Landlord, by notice to Tenant within 60 days of the Premises date of the fire or other casualty (a “Casualty”), shall have the right to terminate this Lease if all or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been is damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination extent that it cannot reasonably be repaired within ninety (90) 120 days after the date of such damagethe Casualty. If Landlord does this Lease is not thus elect to terminate this Leaseterminated, Landlord shall commence promptly and proceed with reasonable diligence to diligently restore the Building Premises. Such restoration shall be to substantially the same condition in which it was immediately that existed prior to the happening of the casualtyCasualty, except that Landlord's obligation to restore shall not exceed the scope of the work for modifications required to be done by Landlord at Landlord's expense Law. However, in originally constructing the Building and installing the Tenant Improvements, nor no event shall Landlord be required to spend for such work an amount in excess of more than the insurance proceeds actually received by Landlord. Upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s Insurance with respect to any Leasehold Improvements performed by or for the benefit of Tenant; provided if the estimated cost to repair such Leasehold Improvements exceeds the amount of insurance proceeds received by Landlord as a result from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within 15 days of demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentrepairs. Landlord shall not be liable for any inconvenience or annoyance to Tenant Tenant, or injury to the business of Tenant Tenant’s business, resulting in any way from such damage the Casualty or the repair thereof. Provided that Tenant is not in Default, except thatduring any period of time that all or a material portion of the Premises is rendered untenantable as a result of a Casualty, subject to the Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant. The provisions of the next sentencethis Lease, including this Section 15, constitute an express agreement between Landlord shall allow and Tenant a fair diminution of rent during the time with respect to any and to the extent the Premises are unfit for occupancy. If the Premises all damage to, or destruction of, all or any other portion part of the Premises, the Building, the Property or the Project, and any Laws, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any similar or successor Laws now or hereinafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsProperty.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion’s reasonable exercise of its business opinion as supported by documentation by a certified architect and delivered to Tenant, be required take more than 180 days to complete (whether or not the Premises shall have been damaged by such casualty) ), or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining, or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, either Landlord or Tenant may, at its respective option, terminate this Lease by notifying Tenant the other in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect determines that any such damage shall take less than 180 days to complete, upon Tenant’ reasonable request, Landlord shall furnish Tenant with supporting documentation from a certified architect. If neither Landlord nor Tenant so elects to terminate this Lease, Landlord shall commence (no later than sixty (60) days following the casualty) and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by Landlord as a result of the casualty. ; provided that Landlord shall have complied with the insurance requirements and limits set forth in Section 13A. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all Tenant’s Property which are necessary to permit Tenant’s reoccupancy of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to that Rent shall be abated from the provisions date of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit damage or destruction for occupancy. If the Premises or any other portion of the Premises that is unusable by Tenant (including without limitation if the Premises is not itself damaged, but the Building has suffered damage making access to and use of the Premises impracticable), which abatement shall be in the same proportion that the Rentable Area of the Premises which is unusable (or such use is so rendered impracticable) by Tenant bears to the Project be damaged by fire or other casualty resulting from total Rentable Area of the fault or negligence of Premises; provided that Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during entitled to any abatement of Rent if the repair damage or destruction within the Premises is restored within five (5) Business Days after Landlord’s receipt of such damage and written notice from Tenant shall be liable to Landlord for the cost of the repair and restoration occurrence of the Building damage or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdestruction.

Casualty Damage. If With reasonable promptness after discovering any damage to the Premises Premises, or to the Common Areas necessary for access to the Premises, resulting from any part thereof shall be damaged by fire or other casualtycasualty (a “Casualty”), Landlord shall notify Tenant shall give prompt written notice thereof to of Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction ’s reasonable estimate of the Building shalltime required to substantially complete repair of such damage (the “Landlord Repairs”). If, in according to such estimate, the Landlord Repairs cannot be substantially completed within 210 days after they are commenced, either party may terminate this Lease upon 60 days’ notice to the other party delivered within 10 days after Landlord's sole opinion’s delivery of such estimate. Within 90 days after discovering any damage to the Project resulting from any Casualty, be required (Landlord may, whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its optionis affected, terminate this Lease by notifying Tenant in writing if (i) any Security Holder terminates any ground lease or requires that any insurance proceeds be used to pay any mortgage debt; (ii) any damage to Landlord’s property is not fully covered by Landlord’s insurance policies; (iii) Landlord decides to rebuild the Building or Common Areas so that it or they will be substantially different structurally or architecturally; (iv) the damage occurs during the last 12 months of such termination within ninety the Term; or (90v) days after any owner, other than Landlord, of any damaged portion of the date of Project does not intend to repair such damage. If Landlord does not thus elect to Tenant may terminate this Lease, by notifying Landlord within 30 days after receiving Landlord’s estimate of the time required to substantially complete the Landlord Repairs, if (a) the Casualty has occurred during the last 12 months of the Term and has damaged a material portion of the Premises, and (b) such estimate indicates that the damage cannot reasonably be repaired within 60 days after Tenant’s receipt of such estimate. If this Lease is not terminated pursuant to this Section 11, Landlord shall commence promptly and proceed with diligently perform the Landlord Repairs, subject to reasonable diligence to delays for insurance adjustment and other events of Force Majeure. The Landlord Repairs shall restore the Building Premises and the Common Areas necessary for access to the Premises to substantially the same condition in which it was immediately prior that existed when the Casualty occurred, except for (a) any modifications required by Law or any Security Holder, and (b) any modifications to the happening Common Areas that are deemed desirable by Landlord, are consistent with the character of the casualtyProject, except that Landlord's obligation and do not materially impair access to restore the Premises. Notwithstanding Section 10.4, Tenant shall not exceed the scope of the work assign to Landlord (or its designee) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.2 with respect to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant any Tenant-Insured Improvements, nor shall Landlord be required to spend for such work an amount in excess and if the estimated or actual cost of restoring any Tenant-Insured Improvements exceeds the insurance proceeds actually received by Landlord from Tenant’s insurance carrier, Tenant shall pay such excess to Landlord within 30 days after Landlord’s demand. No Casualty and no restoration performed as required hereunder shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder; provided, however, that if the Premises or any Common Area necessary for Tenant’s access to the Premises is damaged by a Casualty, then, during any time that, as a result of the casualty. When the portions such damage, any portion of the Premises originally furnished at Landlord's expense have been restored is untenantable for the Permitted Use or inaccessible and is not occupied by LandlordTenant, Tenant shall, at Tenant's expense, complete Monthly Rent shall be abated in proportion to the restoration rentable square footage of such portion of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, . Landlord may, at its option, unless the casualty resulted from any act or omission of Landlord or Landlord’s agents, servants or employees that constitutes negligence or willful misconduct, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If, by reason of such casualty, the Premises are rendered untenantable in some material portion, and the amount of time required to repair the damage is reasonably determined by Landlord to be in excess of one hundred eighty (180) days from the date upon which Landlord is required to determine whether to terminate this Lease, then Tenant shall have the right to terminate this Lease by giving Landlord written notice of termination within thirty (30) days after the date Landlord delivers Tenant notice that the amount of time required to repair the damage has been determined by Landlord to be in excess of one hundred eighty (180) days. If Landlord (or Tenant, if applicable) does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was as existed immediately prior to the happening occurrence of the casualty, except that Landlord's ’s obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Shell Improvements and installing the Tenant ImprovementsImprovements in the Premises, nor shall Landlord be obligated to restore the Building Shell Improvements or the Premises if the cost of the restoration work required to spend for such work an amount under this Lease and all other leases of space in excess of the Building exceeds the insurance proceeds actually received by Landlord as a result of the casualtycasualty unless the casualty resulted from any act or omission of Landlord or Landlord’s agents, servants or employees that constitutes gross negligence or willful misconduct. Landlord shall notify Tenant promptly in writing if it does not intend to restore the premises for the reasons stated above. In such event, Tenant shall have the right to terminate this Lease by giving Landlord written notice of termination within thirty (30) days after the date Landlord delivers Tenant notice that it does not intend to restore the Premises. When the portions of the Premises originally furnished at Landlord's expense Tenant Improvements have been restored by Landlord, Tenant shall, at shall restore Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's ’s furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises or portion thereof are unfit for occupancy. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault willful misconduct or gross negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is are not covered by insurance proceeds.

Casualty Damage. Tenant shall give immediate written notice to Landlord of any damage caused to or suffered by the Premises or the Building. Tenant shall be responsible for any subsequent waste which may occur to the Premises or the Building in the event Tenant fails to timely notify Landlord of any damage to the Premises or the Building. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be is totally destroyed, or so partially damaged such that substantial alteration or reconstruction Tenant's use of the Building shallPremises is materially interfered with, from a risk which is wholly covered by insurance proceeds made available to Landlord for such purpose, Landlord shall proceed with reasonable diligence to repair the damage or destruction, and the Lease shall not terminate; provided, however, that if in the opinion of 33265500v4 Landlord's sole opinion, architect the rebuilding or repairs cannot reasonably be required completed within one hundred eighty (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90180) days after the date of Landlord's actual knowledge of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence or Tenant may at its election terminate the Lease by delivering written notice of said election to restore the Building to substantially other party within thirty (30) days after receipt of the same condition opinion of Xxxxxxxx's architect, in which it was immediately prior to event the happening rent payable for any unexpired portion of the casualtyLease shall be abated, except that Landlord's obligation to restore shall not exceed effective upon the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from date such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancyoccurred. If the Premises or the Building is substantially damaged, in such a way that Tenant's use of the Premises is materially interfered with, from a risk not wholly covered by insurance made available to Landlord for repair or reconstruction, Landlord may terminate the Lease by delivering written notice of said termination to Tenant not later than forty-five (45) days after the casualty occurs, in which event all rights and obligations under the Lease shall cease and terminate, effective upon the date such damage occurred, except any other portion liability of Tenant accruing prior to the Lease being terminated. If the Premises or the Building is substantially damaged during the final twenty-four (24) months of the Term or any renewal Term, Landlord shall not be required to rebuild or repair the damage to the Building or the Project be damaged Premises unless Tenant exercises a renewal option, if any, within fifteen (15) days after the date of receipt by fire or other casualty resulting from the fault or negligence of Tenant or any Landlord of Tenant's agents, employeesnotification of the occurrence of the damage. If Tenant does not elect to exercise its renewal option, or inviteesif there is no previously unexercised renewal option contained within the Lease, Landlord shall have the option to terminate the Lease, and rent shall be abated for the unexpired portion of the Term, effective upon the date such damage occurred. If the Lease is not terminated pursuant to the preceding paragraphs, then Landlord shall proceed immediately and shall use reasonable diligence to rebuild or repair the Building and the Premises to substantially the condition in which they existed prior to the damage; provided, however, that Landlord shall not be required to rebuild, repair, or replace any part of the partitions, fixtures, additions, or other improvements or personal property required to be covered by Tenant's insurance described in article X above. If the Premises is untenable, in whole or in part, during the period beginning on the date such damage occurred, and ending on the date of substantial completion of Landlord's repair or restoration work, then, under such circumstances, the rent hereunder shall not be diminished during the repair of for such damage and Tenant period shall be liable reduced to Landlord for such extent as may be fair and reasonable under the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered circumstances, as reasonably determined by insurance proceedsLandlord.

Casualty Damage. If the Premises Building or any part thereof shall be portion of it is damaged or destroyed by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case any casualty and: (a) the Building or Project or a material part of the Common Areas shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole ’s opinion, be required (whether or not the Premises shall have been damaged by such the casualty); or (b) Landlord is not permitted to rebuild the Building or a material part of the Common Areas in substantially the event same form as it existed before the damage; or (c) the Premises shall be materially damaged by casualty during the last two years of the Lease Term; or (d) any mortgagee of the Building should require requires that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt; or in (e) the event of any material uninsured loss to the Building, damage is not fully covered by insurance maintained by Landlord; then Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) 90 days after the date casualty, give notice to Tenant of such damageLandlord’s election to terminate this Lease, and the balance of the Lease Term shall automatically expire on the fifth day after the notice is delivered. If Landlord does not thus elect to terminate this Lease, provided that Tenant was operating from the Premises immediately prior to the casualty and will recommence operations after restoration of the Premises, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially and the same condition in which it was immediately prior to the happening of the casualty, except that Premises. Landlord's ’s obligation to restore shall not exceed the scope be limited to restoration of the work required Premises to be done by Landlord at Landlord's expense a Building standard core and shell condition to the extent insurance proceeds are sufficient; in originally constructing the Building and installing the Tenant Improvements, nor no event shall Landlord be obligated to restore any improvements which were installed by Tenant. However, Landlord shall not be required to spend for such work an amount restore any unleased premises in excess the Building or any portion of the insurance proceeds actually received by Landlord as a result of the casualtyTenant’s property. When the portions of the Premises originally furnished at Landlord's expense have been restored by LandlordIf this Lease is not terminated, Tenant shall, at Tenant's its expense, complete promptly restore all leasehold improvements installed in the restoration Premises (including the Tenant Improvements) and its own furniture, trade fixtures and personal property. Rent shall xxxxx in proportion to the portion of the PremisesPremises not usable (and actually not used) by Tenant as a result of any casualty resulting in damage to the Building which is covered by insurance carried or required to be carried by Landlord under this Lease, including as of the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, date on which the Premises becomes unusable and the restoration of Tenant's furniture abatement shall continue until the date that Landlord restores the Premises to a Building standard core and equipmentshell condition. Landlord shall not otherwise be liable to Tenant for any delay in restoring the Premises or any inconvenience or annoyance to Tenant or injury to the Tenant’s business of Tenant resulting in any way from the damage or the repairs, Tenant’s sole remedy being the right to an abatement of Rent. The proceeds payable under all casualty insurance policies maintained by Landlord on the Premises or Building shall belong to and be the property of Landlord, and Tenant shall not have any interest in such proceeds. Tenant agrees to look to Tenant’s casualty insurance policies for the restoration and replacement of all of the improvements existing in the Premises as of the Commencement Date (including any Tenant Improvements defined herein) and any modifications and additions thereto, and Tenant’s fixtures, equipment and furnishings in the Premises, and in the event of termination of this Lease, for any reason, following any damage or destruction, Tenant shall promptly assign to Landlord or otherwise pay to Landlord, upon Landlord’s request, the proceeds of said insurance and such other additional funds so that the total amount assigned and/or paid by Tenant to Landlord shall be sufficient to restore (whether or not any such restoration is actually to occur) all improvements, fixtures, equipment and furnishings (excepting only Tenant’s moveable personal property and equipment) existing therein immediately prior to such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancydestruction. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence Such obligation of Tenant shall survive the expiration or any termination of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsthis Lease.

Casualty Damage. If the Premises Building and the Parking Facilities or any --------------- part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building or the Parking Facilities or both shall be so damaged that substantial alteration or reconstruction of the Building same requiring more than two hundred seventy (270) days shall, in Landlord's sole but reasonable opinion, be required or in the event there is less than one (whether or not 1) year of the Premises shall have been damaged by such casualty) Lease Term remaining or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Buildingdebt, Landlord may (or Tenant may, at its optionif the casualty was not attributable to an act or omission of Tenant, or Tenant's employees, agents, servants, customers or invitees), terminate this Lease by notifying Tenant the other party in writing of such termination within ninety (90) days after the date of such damagecasualty. If neither Landlord does not thus elect nor Tenant elects to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Premises, the Building, the Parking Facilities and the Tenant Improvements, as applicable (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding sentence have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of the Premisesall improvements, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensefurniture, and equipment, which are necessary to permit Tenant's reoccupancy of the restoration Building. Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Building. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Parking Facilities, or both, is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteescasualty, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent the Building, the Parking Facilities or such cost and expense is not covered portion thereof are unusable by insurance proceedsTenant for the conduct of Tenant's business therefrom.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building (i.e., casualty which would reasonably require more than one hundred eighty (180) days to restore) shall, in Landlord's sole ’s reasonable opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety seventy-five (9075) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by Landlord as a result of the casualtycasualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the Tenant shall present Landlord with evidence reasonably satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of Tenant's furniture and equipmentthe Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, commencing with the date of such casualty, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancyTenant’s normal business operations as reasonably determined by Tenant in the exercise of prudent business judgment. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building or the Premises shall be so damaged by fire or other casualty (a) such that substantial alteration or more than thirty percent (30%) reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged is required, as determined by such casualtyLandlord, or (b) or in the event any mortgagee regardless of the Building should require that extent of damage, such damage is either uninsured or the insurance proceeds payable as a result of a casualty be applied are unavailable or insufficient for Landlord to restore the payment of Building or the mortgage debt or in the event of any material uninsured loss to the BuildingPremises, Landlord may, at its option, may elect to either terminate this Lease by notifying Tenant in writing of such termination within ninety or restore the Building or the Premises. In all other cases, Landlord shall promptly commence reconstruction repair subject to this Section 26. If Landlord elects to terminate the Lease, the estate created hereby shall terminate forty-five (9045) days after following the date of damage, and Base Rent due hereunder shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair and restore the Building or the Premises, then Landlord shall commence and proceed with reasonable diligence to restore the Building or the Premises (except Landlord shall not be responsible for delays outside of its control) to substantially the same condition in which it was existing immediately prior to the happening of the casualty. If Landlord is required to make any repairs or restorations pursuant to this Section 26, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work repairs or restoration an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When If Landlord elects to repair or restore the portions Building or the Premises, then Tenant, within thirty (30) days after the date the damage occurred, may request in writing from Landlord an estimate of the Premises originally furnished at time required to repair or restore the Building or the Premises. Landlord shall notify Tenant of Landlord's expense have been restored by Landlordreasonable estimate of the time for restoration or repair.. If a casualty damages more than forty percent (40%) of the manufacturing area within the Premises and, as a result thereof, Tenant shall, at Tenant's expense, complete the restoration is not able to conduct its manufacturing operations in any portion of the Premises, including then Tenant shall have the reconstruction right to terminate this Lease if Landlord estimates that the Premises cannot be restored within one hundred and twenty (120) days from the date the damage occurred. Tenant shall exercise (if at all) the aforesaid right to terminate within five (5) business days from receipt of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseestimate, and which termination shall be effective as of the restoration of Tenant's furniture and equipmentdate the damage occurred. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by Tenant or loss of Tenant's personal property resulting in any way from such damage or the repair restoration thereof, except that, subject to the provisions of the next sentenceduring any restoration, Landlord shall allow Tenant a fair diminution of rent Base Rent during the time and to the extent the Premises are unfit for occupancy. If It is the Premises or any other portion intent of the parties hereto that the original Tenant Improvements will be covered by the casualty insurance carried by Landlord on the Building and that, in the event of a casualty where Landlord elects or its otherwise required to restore or repair, Landlord will restore or repair such improvements to the Project be damaged by fire or other casualty resulting from the fault or negligence extent of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable insurance proceeds which are actually available to Landlord for the cost such purpose; provided, however, in no event shall Landlord be required to rebuild, repair or replace any part of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.any Altexx-

Casualty Damage. If (a) During the Term, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such fire or other casualty), (i) or in the event if such damage cannot be repaired within 90 days thereafter, as reasonably determined by Landlord, (ii) if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss to the Building(iii) if such damage is not covered by insurance carried by Landlord, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety (90) 50 days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair the Premises and/or the Building, Landlord shall within 60 days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend rebuild, repair or replace any part of Tenant’s furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease. Tenant shall not be entitled to any compensation or damages from Landlord, and Landlord shall not be liable, for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseBuilding, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for ’s personal property, or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a square footage basis _during the time and to the extent the Premises are unfit or unavailable for occupancy. If the Premises or any other portion of the Building or the Project be are damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agentsTenant Party, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Whether or not any damage to the Premises is caused by Tenant or a Tenant Party, Tenant shall cause all applicable proceeds under Tenant’s insurance to be paid to or for the account of Landlord for payment of the necessary repair and restoration. Any insurance which may be carried by Landlord against loss or damage to the Building or to the Premises shall be for the sole benefit of Landlord and under its sole control. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises or Building, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Premises. Except as otherwise provided in this Section 22, Tenant hereby waives the provisions of California Civil Code sections 1932(2), 1933(4), 1941 and 1942.

Casualty Damage. If (a) During the Term, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such fire or other casualty), (i) or in the event if such damage cannot be repaired within 90 days thereafter, as reasonably determined by Landlord, (ii) if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss to the Building(iii) if such damage is not covered by insurance carried by Landlord, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety (90) 50 days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair the Premises and/or the Building, Landlord shall within 60 days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend rebuild, repair or replace any part of Tenant’s furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease. Tenant shall not be entitled to any compensation or damages from Landlord, and Landlord shall not be liable, for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseBuilding, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for ’s personal property, or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a square footage basis during the time and to the extent the Premises are unfit or unavailable for occupancy. If the Premises or any other portion of the Building or the Project be are damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agentsTenant Party, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Whether or not any damage to the Premises is caused by Tenant or a Tenant Party, Tenant shall cause all applicable proceeds under Tenant’s insurance to be paid to or for the account of Landlord for payment of the necessary repair and restoration. Any insurance which may be carried by Landlord against loss or damage to the Building or to the Premises shall be for the sole benefit of Landlord and under its sole control. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises or Building, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Premises. Except as otherwise provided in this Section 22, Tenant hereby waives the provisions of California Civil Code sections 1932(2), 1933(4), 1941 and 1942.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's Landlord ‘s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all furniture, fixtures and equipment which are necessary to permit Tenant’s reoccupancy of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except thatthat Rent shall be abated from the date of the damage or destruction until the Premises has been substantially restored for any portion of the Premises that is unusable by Tenant, subject which abatement shall be in the equitable proportion that the Rentable Area of the Premises which is unusable by Tenant bears to the provisions total Rentable Area of the next sentencePremises; provided that Tenant shall not be entitled to any abatement of Rent if the damage or destruction within the Premises is restored within five (5) Business Days after Landlord ‘s receipt of written notice from Tenant of the occurrence of the damage or destruction. Notwithstanding the foregoing, Landlord if such casualty was due to the fault or neglect of Tenant or Tenant’s employees, contractors or agents, such abatement or reduction shall allow Tenant a fair diminution of rent during the time be made only if and to the extent the Premises are unfit for occupancy. If the Premises or of any other portion proceeds of the Building or the Project be damaged rental interruption insurance actually received by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage Landlord and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby allocated to the extent such cost and expense is not covered by insurance proceedsPremises.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building or any part thereof or access thereto shall be so damaged or destroyed by fire or other casualty that substantial alteration or reconstruction of the Building and access thereto shall, in the good faith and reasonable determination of Landlord's sole opinionArchitect, be required with such repair taking longer than ninety (90) days (whether or not the Premises shall have been damaged by such casualty) ), or in the event any mortgagee of the Building Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, then this Lease shall not terminate, but Landlord may, at its option, terminate this Lease by notifying relocate Tenant in writing of such termination to similar premises within the Uptown Charlotte Area within ninety (90) days after the date of such damage, at Landlord's cost, instead of restoring the Building and/or the Premises for Tenant's use; provided, however that Landlord shall use reasonable efforts to relocate Tenant's critical operations as soon as possible after such damage or destruction. If Landlord does not thus elect In order to terminate this Leaserelocate Tenant within the aforesaid ninety (90) day period, Landlord shall commence and proceed with reasonable diligence have the right to restore temporarily place Tenant in separate buildings within the Building greater Charlotte Area if necessary to substantially accommodate the same condition in which it was immediately prior to the happening size of Tenant's Premises. As soon as reasonably practicable thereafter, Landlord shall relocate all of the casualtyPremises to one (1) building in the Uptown Charlotte Area, except that Landlord's obligation to restore however, the Premises shall not exceed the scope of the work be required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for located on contiguous floors within such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentbuilding. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage damage, repair, or the repair thereof, except that, subject to the provisions relocation. Upon restoration of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or relocation of Tenant, Tenant shall proceed to restore Tenant's furniture, fixtures and equipment and any other portion of leasehold improvements installed by Tenant. Landlord shall pay all relocation costs, as set forth in Section 8.21, unless the Building or the Project be damaged by fire or other casualty resulting results from the fault or negligence of Tenant or any of Tenant's agents, employees, employees or invitees, the rent hereunder shall not be diminished during the repair of such damage and in which case Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsproceeds and for the cost of relocation of Tenant.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that (i) substantial alteration or reconstruction of the Building shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty), or (ii) or in the event any mortgagee under a first mortgage or first deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt debt, or (iii) in the event of any material uninsured loss the occurrence of a casualty which is not insured under the "all risk" extended coverage insurance required to be carried by Landlord pursuant to the Buildingterms of Section 20, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety fifteen (9015) days after the date of Landlord's receipt of the estimated cost of reconstruction or determination by a mortgagee to take the proceeds in which event the Rent hereunder shall be abated as of the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall, as soon as practicable, but no more than sixty (60) days after the date of such damage, begin to repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was in immediately prior to the happening occurrence of the fire or other casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations to the Premises made by Tenant following the Commencement Date which were not approved by Landlord at Landlord's expense in originally constructing the Building writing, and installing the Tenant Improvements, nor Landlord shall Landlord not in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty, plus any deductible amounts thereunder. When If Landlord determines that insurance proceeds will be insufficient to restore the portions Building as required by this Section 24, Landlord may, at its option, elect to either (1) terminate this Lease by written notice to Tenant, or (2) provide the extra funds necessary to complete the restoration. In the event Landlord did not originally construct any Alterations to be repaired, the time for Landlord to commence and complete such repairs shall be extended by the amount of time necessary for Landlord to obtain detailed working drawings of the Premises originally furnished at Landlord's expense have been restored by LandlordAlterations to be repaired. In the event Landlord does not either commence the repairs to the Building within the time required herein, or complete the repairs to the Building within two hundred seventy (270) days after the date of such damage, Tenant shallmay terminate the Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, at Tenant's expense, complete as the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentcase may be. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, that Landlord shall allow Tenant a fair diminution an equitable abatement of rent Rent during the time and to the extent that all or any portion of the Premises are rendered untenantable because of the lack of essential services such as electricity, HVAC or elevator service or are otherwise unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged occupancy and have been vacated by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If During the Term hereof, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such fire or other casualty), (i) or in the event if such damage cannot be repaired within ninety (90) days thereafter, as reasonably determined by Landlord, (ii) if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss to the Building(iii) if such damage is not covered by insurance carried by Landlord, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety sixty (9060) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair the Premises and/or the Building, Landlord shall within sixty (60) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that LandlordLandlord shall not be required to rebuild, repair or replace any part of Tenant's obligation to restore furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease, but such work shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Building. Tenant shall not be entitled to any compensation or damages from Landlord, and installing the Tenant ImprovementsLandlord shall not be liable, nor shall Landlord be required to spend for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseBuilding, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for personal property, or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a square footage basis during the time and to the extent the Premises are unfit or unavailable for occupancyoccupancy to the extent Landlord is able to collect from its own business income loss insurance policy. If the Premises or any other portion of the Building or the Project be are damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises or Building, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Premises. Except as otherwise provided in this Section 22, and except if against any other provision of the law or against public policy. Tenant hereby waives the provisions of Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event any mortgagee of the Building Landlord’s should require that the insurance proceeds payable as a result of a said fire or other casualty be applied to the payment in reduction of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage in which event the rent hereunder shall be abated as of the date of such damage. If Landlord is not entitled to or does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that . Landlord's ’s obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing Building Standard improvements (as described in the Tenant Improvements) in the Premises, nor shall Landlord be required to spend for such work an amount incur costs or expense in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When In no event shall Landlord be required to rebuild, repair or replace any part of Tenant’s furniture, furnishings, fixtures or equipment removable by Tenant under the portions terms of this Lease. Except for the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration installation of Building Standard improvements within the Premises, including all cost and expense of reconstructing the Premises shall be borne by Tenant, and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentPremises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, contractors, licensees or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Premises shall for the sole benefit of the party carrying such insurance and under its sole control.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If: (a) the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole ’s opinion, be required (whether or not the Premises shall have been damaged by such the casualty); or (b) or in the event any mortgagee Premises shall be partially damaged by casualty during the last two years of the Building should require that Lease Term; Landlord may, within 90 days after the insurance proceeds payable as a result casualty, give notice to Tenant of a casualty be applied Landlord’s election to terminate this Lease, and the payment balance of the mortgage debt or in Lease Term shall automatically expire on the event fifth day after the notice is delivered. Within 90 days of the date of any material uninsured loss to casualty which requires substantial alteration or reconstruction of the Building, Landlord shall notify Tenant whether Landlord intends to rebuild the Building, and, if so, whether the Building can be rebuilt so that the Premises will be made tenantable within 210 days of the date of the casualty (the “Restoration Period”). If the notice indicates that Landlord does not intend to rebuild or that the Building cannot be rebuilt so that the Premises will be made tenantable within the Restoration Period, Tenant may, at its optionwithin ten days of Landlord’s notice, give Landlord notice that Tenant elects to terminate this Lease, and the balance of the Lease Term shall automatically expire on the fifteenth day after the notice is delivered. Should Landlord’s notice indicate that the Building can be rebuilt so that the Premises will be made tenantable within the Restoration Period or if the notice indicates that rebuilding will take longer than the Restoration Period but Tenant does not elect to terminate this Lease by notifying Tenant within ten days of Landlord’s notice, Landlord shall proceed with reasonable diligence to rebuild the Building in writing accordance with the terms of such termination within ninety (90) days after the date of such damagethis article. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building and the Premises to substantially the same condition they were in which it was immediately prior to before the happening of the casualty. However, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount restore any unleased premises in excess the Building or any portion of Tenant’s property. Rent shall xxxxx in proportion to the portion of the insurance proceeds actually received Premises not useable by Landlord Tenant as a result of the casualty. When the portions any casualty covered by insurance carried or required to be carried by Landlord under this Lease, as of the date on which the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentbecomes unusable. Landlord shall not otherwise be liable to Tenant for any delay in restoring the Premises or any inconvenience or annoyance to Tenant or injury to the Tenant’s business of Tenant resulting in any way from such the damage or the repair thereofrepairs, except that, subject Tenant’s sole remedy being the right to an abatement of Rent. If Landlord proceeds to rebuild the provisions Building but fails to achieve substantially completion of the next sentencePremises within thirty (30) days after the Restoration Period (or within thirty (30) days after the expiration of such longer rebuilding period as set forth in Landlord’s notice provided Tenant did not terminate the Lease as provided above), as such period is extended for Unavoidable Delay, then Tenant may terminate this Lease by written notice to Landlord shall allow Tenant a fair diminution given within ten (10) days after the expiration of rent during the time and to the extent such thirty (30) day period, unless Landlord achieves substantial completion of the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of within such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsten (10) day period.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event if any mortgagee under a first mortgage or first deed of trust covering the Building should require that the insurance proceeds payable as a result of a such fire or other casualty be applied used to the payment of retire the mortgage debt debt, or in the event of any material uninsured loss the occurrence of a casualty which is not insured under the all risk extended coverage insurance required to be carried by Landlord pursuant to the Buildingterms of Section 20, Landlord may, at its option, so long as Landlord is similarly terminating all other leases in the Building that are similarly affected by the casualty, terminate this Lease by notifying Tenant in writing of such termination within fifteen (15) days after the date of Landlord's receipt of the estimated cost of reconstruction or determination by a mortgagee to take the proceeds, in which event the Rent hereunder shall be abated as of the date of such damage. If Landlord does not elect to terminate this Lease, as soon as practicable, but no more than ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building to substantially the same condition in which it was in immediately prior to the happening of the fire or other casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations to the Premises made by Tenant which were not approved by Landlord at Landlord's expense in originally constructing the Building writing, and installing the Tenant Improvements, nor Landlord shall Landlord not in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualtyfire or other casualty plus any deductible amounts thereunder. When Additionally, Landlord shall not be required to rebuild, repair, or replace the portions of Initial Improvements (as defined in the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and Agreement) to the restoration extent Tenant of Tenant's furniture Contractor are responsible therefor in accordance with the Tenant Improvements Agreement. If Landlord determines that insurance proceeds will be insufficient to restore the Building as required by this Section 24, Landlord may, at its option, elect to either (1) terminate this Lease by written notice to Tenant, or (2) provide the extra funds necessary to complete the restoration. If Landlord did not originally construct any Alterations to be repaired, the time for Landlord to commence and equipmentcomplete such repairs shall be extended by the amount of time necessary for Landlord to obtain detailed working drawings of the Alterations to be repaired. If Landlord does not either commence the repairs to the Building within the time required herein, or complete the repairs to the Building within one hundred eighty (180) days after the date of such damage, Tenant may terminate the Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, as the case may be. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution an equitable abatement of rent Rent during the time and to the extent the Premises or portions thereof are unfit for occupancyoccupancy and Tenant is not conducting normal business operations from such portions of the Premises or access to the Premises has been materially impaired for more than seven (7) days. If the Premises or any other portion of the Building or the Project be Complex is damaged by fire or other casualty resulting from the fault or negligence intentional acts of Tenant or any employee, officer, contractor, agent, subtenant, or licensee of Tenant's agents, employees, or invitees, the rent Rent hereunder shall not be diminished abated during the repair of such damage damage, and Tenant shall be remain liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedspayment thereof.

Casualty Damage. 16.01 If all or any portion of the Premises becomes untenantable or inaccessible by fire or other casualty to the Premises or the Common Areas (collectively a “Casualty”), Landlord, with reasonable promptness, shall cause a general contractor selected by Landlord to provide Landlord with a written estimate of the amount of time required, using standard working methods, to substantially complete the repair and restoration of the Premises and any Common Areas necessary to provide access to the Premises (“Completion Estimate”). Landlord shall promptly forward a copy of the Completion Estimate to Tenant. If the Completion Estimate indicates that the Premises or any part thereof Common Areas necessary to provide access to the Premises cannot be made tenantable within 180 days from the date the repair is started, then either party shall be damaged by fire or other casualty, Tenant shall give prompt have the right to terminate this Lease upon written notice thereof to Landlordthe other within 10 days after Tenant’s receipt of the Completion Estimate. Tenant, however, shall not have the right to terminate this Lease if the Casualty was caused by the negligence or intentional misconduct of Tenant or any Tenant Related Parties. In case addition, Landlord, by notice to Tenant within 90 days after the Building shall be so damaged that substantial alteration or reconstruction date of the Building shallCasualty, in Landlord's sole opinion, be required shall have the right to terminate this Lease if: (whether or not 1) the Premises shall have been materially damaged by such casualty) or in the event any mortgagee and there is less than 2 years of the Building should require Term remaining on the date of the Casualty; (2) any Mortgagee requires that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt; or in the event of any (3) a material uninsured loss to the Building, Landlord may, at its option, Building or Premises occurs. Tenant also shall have the right to terminate this Lease by notifying notice to Landlord if: (a) a substantial portion of the Premises has been damaged by Casualty and such damage cannot reasonably be repaired within 60 days after receipt of the Completion Estimate; (b) there is less than 1 year of the Term remaining on the date of the Casualty; (c) the Casualty was not caused by the negligence or willful misconduct of Tenant in writing or its agents, employees or contractors; and (d) Tenant provides Landlord with written notice of such termination its intent to terminate within ninety (90) 30 days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening Tenant’s receipt of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsCompletion Estimate.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If: (a) the Building or Project or a material part of the Common Areas shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such the casualty); or (b) Landlord is not permitted to rebuild the Building or Project or a material part of the Common Areas in substantially the event same form as it existed before the damage; or (c) the Premises shall be materially damaged by casualty during the last two years of the Lease Term; or (d) any mortgagee of the Building should require requires that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt; or in (e) the event of any material uninsured loss to the Building, damage is not fully covered by insurance maintained by Landlord; then Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) 90 days after the date casualty, give notice to Tenant of such damageLandlord's election to terminate this Lease, and the balance of the Lease Term shall automatically expire on the fifth day after the notice is delivered. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building and the Premises to substantially the same condition they were in which it was immediately prior to the happening of before the casualty. However, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount restore any unleased premises in excess the Building or any portion of Tenant's property. Rent shall xxxxx in proportion to the portion of the insurance proceeds actually received Premises not usable by Landlord Tenant as a result of any casualty resulting in damage to the casualty. When the portions Building which is covered by insurance carried or required to be carried by Landlord under this Lease, as of the date on which the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentbecomes unusable. Landlord shall not otherwise be liable to Tenant for any delay in restoring the Premises or any inconvenience or annoyance to Tenant or injury to the Tenant's business of Tenant resulting in any way from such the damage or the repair thereofrepairs, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, sole remedy being the rent hereunder shall not be diminished during the repair right to an abatement of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsRent.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building), Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect to terminate this Lease, and provided insurance proceeds and any contributions from Tenant, if necessary, are available to fully repair the damage, Landlord shall within seventy-five (75) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty; provided, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, furnishings, fixtures and/or equipment removable by Tenant or any improvements, alterations or additions installed by or for the benefit of Tenant under the provisions of this Lease. Landlord at Landlord's expense shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount in excess of the insurance proceeds (excluding any deductible) and any contributions from Tenant, if necessary, actually received by Landlord as a result of the fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by the Tenant or loss of Tenant's personal property resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If Notwithstanding anything to the contrary contained herein, if the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault intentional or negligence negligent acts or omissions of Tenant or any of Tenant's agentsRepresentatives, employees, or invitees, (i) the rent hereunder Rent shall not be diminished during the repair of such damage damage, (ii) Tenant shall not have any right to terminate this Lease due to the occurrence of such casualty or damage, and (iii) Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of all or any portion of the Building or the Project caused thereby (including, without limitation, any deductible) to the extent such cost and expense is not covered by insurance proceeds. In the event the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Tenant of any such event, whereupon all rights and obligations shall cease and terminate hereunder except for those obligations expressly intended to survive any such termination of this Lease. Except as otherwise provided in this Section 27, Tenant hereby waives the provisions of Sections 1932(2.), 1933(4.), 1941 and 1942 of the California Civil Code.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, . be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's ’s obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's ’s expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's ’s expense have been restored by Landlord, Tenant shall, at Tenant's ’s expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's ’s expense, and the restoration of Tenant's ’s furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any Landlord’s mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s re-occupancy of the Premises, including the reconstruction of all improvements in excess of those . Tenant Improvements originally installed at Landlord's expense, and the restoration shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ’s ability to pay such foregoing costs, prior to Landlord’s commencement of such repair and equipmentrestoration to the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent, equal to a pro rata decrease based on the then applicable Monthly Installment of Base Rent as set forth herein, during the time and in proportion to the extent the Premises are unfit for occupancyoccupancy by Tenant by reason of such damage and the required repair and restoration of the Property. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent Rent payable hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. (A) If the Premises Premises, or any part thereof Common Areas of the Building or of the Complex providing access thereto, shall be damaged by fire or other casualty, Tenant Landlord shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the use available insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building same. Such restoration shall be to substantially the same condition in which it was immediately prior to the happening of the casualty, except for modifications required by zoning and building codes and other Laws or by any Holder (as defined in Article 24), any other modifications to the Common Areas deemed desirable by Landlord (provided access, size and configuration to the Premises is not materially impaired), and except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess repair or replace any of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by LandlordTenant Work or any Tenant’s furniture, Tenant shallfurnishings, at Tenant's expensefixtures, complete the restoration of the Premises, including the reconstruction of all equipment or other personal property or any Alterations or other improvements in excess of those any work performed by Landlord under the terms and provisions of the Workletter or any separate agreement therefor signed by the parties hereto. Landlord agrees to give Tenant Improvements originally installed at written notice within sixty (60) days of the date of the fire or other casualty of the estimated duration of the repair or restoration required or Landlord's expense’s election to terminate the Lease if permitted under clauses (a) through (d) below. If the estimated time for repair or restoration exceeds two hundred seventy (270) days, and Tenant shall have the restoration right to terminate this Lease within thirty (30) days of Landlord’s original notice to Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to the Tenant’s business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence. However, Landlord shall allow Tenant a fair diminution proportionate abatement of rent Rent (Base Rent and Additional Rent) during the time and to the extent the Premises are unfit for occupancyoccupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof (unless Tenant or its employees, agents, or contractors caused the damage). If Notwithstanding the Premises or any other portion of foregoing to the contrary, Landlord may elect to terminate this Lease if the Building or the Project Complex shall be materially damaged by Tenant or its employees, agents, or contractors or if the Building shall be damaged by fire or other casualty resulting from or cause such that: (a) repairs to the fault Premises and access thereto cannot reasonably be completed within one hundred eighty (180) days after the casualty without the payment of overtime or negligence other premiums, (b) more than twenty-five percent (25%) of Tenant the Premises is affected by the damage, and fewer than twenty-four (24) months remain in the Term, or any material damage occurs to the Premises during the last twelve (12) months of Tenant's agentsthe Term, employees(c) any Holder shall require that the insurance proceeds or any portion thereof be used to retire the Mortgage debt (or shall terminate the ground lease, as the case may be), or inviteesthe damage is not fully covered by Landlord’s insurance policies, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for or (d) the cost of the repair repairs, alterations, restoration or improvement work would exceed twenty-five percent (25%) of the replacement value of the Building, or the nature of such work would make termination of this Lease necessary or convenient. Tenant agrees that Landlord’s obligation to restore, and restoration the abatement of Rent and any other remedies provided herein, shall be Tenant’s sole recourse in the event of such damage, and waives any other rights Tenant may have under any applicable Law to terminate the Lease by reason of damage to the Premises, the Building or the Project caused thereby to Complex. If this Lease has not been sooner terminated by Landlord or Tenant and the extent such cost and expense repair or restoration is not covered by insurance proceedscompleted within two hundred seventy (270) days after the date of the fire or other casualty for any reason, including Force Majeure Delay, Tenant may terminate this Lease upon thirty (30) days notice to Landlord, provided that if the repair or restoration is completed within such thirty (30) day period, Tenant’s termination of this Lease shall be null and void and this Lease shall continue in full force and effect in accordance with its terms.

Casualty Damage. If the Leased Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opiniondiscretion, be required (whether or not the Leased Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, shell; except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by require Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding sentence have been restored completed by Landlord, Tenant shall, at shall restore all improvement necessary to permit Tenant's expense, complete the restoration re-occupancy of the Leased Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's Tenant furniture and equipment. All cost and expense of reconstructing the Leased Premises shall be borne by Tenant. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Leased Premises are unfit for occupancyoccupancy and are unoccupied. If the Leased Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair and restoration of such damage the Building and Tenant shall be liable to Landlord for rent and for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsproceeds actually received by Landlord. Notwithstanding the foregoing, in the event that it is estimated that Landlord will need more than one hundred eighty (180) days to repair the damage caused by such casualty, Tenant shall have the right to terminate this Leased by providing written notice to Landlord within five (5) days of Landlord's notice to Tenant.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall notify Tenant in writing no later than thirty (30) days after the date of the casualty of Landlord’s reasonable estimate of the duration of the repairs, and subject to Tenant’s termination right below, shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, to the extent Landlord had financial responsibility for them pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. If Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, except and Landlord reasonably estimates that the required repairs cannot be completed within one hundred eighty (180) days after being commenced, Tenant may elect, not later than thirty (30) days after Tenant’s receipt of Landlord written notice of the estimated time required to effectuate such repairs, to terminate this Lease by written notice to Landlord effective as of the date specified in Tenant’s notice. Notwithstanding the foregoing, Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the repairs described in the preceding two sentences have been substantially completed by Landlord, Tenant shall be permitted to complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises; provided that Tenant shall not be required to expend any amount in excess of the insurance proceeds actually received by Landlord Tenant policies maintained by Tenant under Section 15.B. Except as a result set forth above, all cost and expense of the casualty. When the portions of reconstructing the Premises originally furnished at shall be borne by Tenant, and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the ’s commencement of repair and restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to the provisions Tenant’s occupancy of the next sentencePremises, Landlord shall allow Tenant a fair diminution proportionate abatement of rent Rent during the time and to the extent the Premises are unfit for occupancy. If This Lease sets forth the Premises terms and conditions upon which this Lease may terminate in the event of any damage or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesdestruction. Accordingly, the rent hereunder shall not be diminished during parties hereby waive the repair provisions of such California Civil Code Section 1932, Subsection 2, and Section 1933, Subsection 4 (and any successor statutes thereof permitting the parties to terminate this Lease as a result of any damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdestruction).

Casualty Damage. If the Premises or any part thereof shall be is damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee mortgage of the Building Landlord should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed . When the scope of Building has been restored by Landlord (including the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at as “Landlord's expense have been restored by Landlord’s Work” under the Work Letter attached hereto as Exhibit “B”, Tenant shall, at Tenant's expense, shall complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, Premises and the restoration replacement of Tenant's ’s furniture and equipment. Landlord shall not be liable for any inconvenience inconveniences or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of base rent during the time and to the extent the Premises are unfit for occupancyuntenantable. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair repaid of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by Landlord’s insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant Lessee shall give prompt written notice thereof to LandlordLessor. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in LandlordLessor's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building), Landlord Lessor may, at its option, terminate this Lease by notifying Tenant Lessee in writing of such termination within sixty (60) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Lessor does not elect to terminate this Lease and provided insurance proceeds and any contributions from Lessee, if necessary, are available to fully repair the damage, Lessor shall within ninety (90) days after the date of such damage. If Landlord does not thus elect damage commence to terminate this Lease, Landlord repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building (except that Lessor shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty; provided, except that Landlord's obligation to restore Lessor shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Lessee's furniture, furnishings or fixtures and equipment removable by Landlord at Landlord's expense Lessee or any improvements, alterations or additions installed by or for the benefit of Lessee under the provisions of this Lease. Lessor shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount in excess of the insurance proceeds and any contributions from Lessee, if necessary, actually received by Landlord Lessor as a result of the fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord Lessor shall not be liable for any inconvenience or annoyance to Tenant or Lessee, injury to the business of Tenant Lessee, loss of use of any part of the Premises by the Lessee or loss of Lessee's personal property resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord Lessor shall allow Tenant Lessee a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or active or passive negligence or omissions of Tenant Lessee or any of TenantLessee's agents, employees, or invitees, the rent hereunder Rent shall not be diminished during the repair of such damage and Tenant Lessee shall be liable to Landlord Lessor for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. In the event the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, then Lessor shall have the right to terminate this Lease by delivering written notice of termination to Lessee within thirty (30) days after the date of notice to Lessee of any such event, whereupon all rights and obligations shall cease and terminate hereunder. Except as otherwise provided in this Paraxxxxx 00, Xxxxxx xxxeby waives the provisions of Sections 1932(2.), 1933(4.), 1941 and 1942 of the California Civil Code.

Casualty Damage. If (a) During the Term, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such fire or other casualty), (i) or in the event if such damage cannot be repaired within 90 days thereafter, as reasonably determined by Landlord, (ii) if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss to the Building(iii) if such damage is not covered by insurance carried by Landlord, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety (90) 50 days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair the Premises and/or the Building, Landlord shall within 60 days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that LandlordLandlord shall not be required to rebuild, repair or replace any part of Tenant's obligation to restore furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease, but such work shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Building. Tenant shall not be entitled to any compensation or damages from Landlord, and installing the Tenant ImprovementsLandlord shall not be liable, nor shall Landlord be required to spend for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseBuilding, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for personal property, or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a square footage basis during the time and to the extent the Premises are unfit or unavailable for occupancy. If the Premises or any other portion of the Building or the Project be are damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises or Building, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Premises.

Casualty Damage. If Landlord, by notice to Tenant within 60 calendar days of the Premises date of the fire or other casualty (a "Casualty"), shall have the right to terminate this Lease if all or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been is damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination extent that it cannot reasonably be repaired within ninety (90) 120 calendar days after the date of such damagethe Casualty. If Landlord does this Lease is not thus elect to terminate this Leaseterminated, Landlord shall commence promptly and proceed with reasonable diligence to diligently, restore the Building Premises and all Leasehold Improvements existing within the Premises prior to the Casualty. Such restoration shall be to substantially the same condition in which it was immediately that existed prior to the happening of the casualtyCasualty, except that for modifications required by Laws. Upon notice from Landlord's obligation , Tenant shall assign to restore shall not exceed the scope of the work required Landlord (or to be done any party designated by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the ) all property insurance proceeds actually payable to Tenant under Tenant's Insurance with respect to any Leasehold Improvements performed by or for the benefit of Tenant; provided if the estimated cost to repair such Leasehold Improvements exceeds the amount of insurance proceeds received by Landlord as a result from Tenant's insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's commencement of repairs. Within 30 calendar days of demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentrepairs. Landlord shall not be liable for any inconvenience or annoyance to Tenant Tenant, or injury to the Tenant's business of Tenant resulting in any way from such damage the Casualty or the repair thereof. During any period of time that all or any portion of the Premises is rendered untenantable as a result of a Casualty, except that, subject the Rent shall xxxxx for the portion of the Premises that is untenantable or unusable by Tenant for its ordinary business operations and not used by Tenant for the period from the date of the Casualty to the date such portion of the Premises is made tenantable. Notwithstanding the foregoing, and without limiting Tenant's obligations, to pay to Landlord any cost of restoration in excess of the proceeds of Tenant's Insurance, in the event that Landlord does not receive sufficient insurance proceeds to complete all required restoration work, whether due to an uninsured Casualty, requirements of a Mortgagee, or otherwise, then Landlord shall have the right to terminate this Lease by written notice to Tenant. The provisions of the next sentencethis Lease, including this Section 16, constitute an express agreement between Landlord shall allow and Tenant a fair diminution of rent during the time with respect to any and to the extent the Premises are unfit for occupancy. If the Premises all damage to, or destruction of, all or any other portion part of the Premises, the Building, the Property or the Project, and any Laws, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any similar or successor Laws now or hereinafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project Property. Within sixty (60) calendar days after the date Landlord learns of the necessity for repairs as a result of Casualty damage to the Premises, Landlord shall notify Tenant ("Damage Repair Estimate") of Landlord's estimated assessment of the period of time in which the repairs will be damaged by fire completed to the Premises. If the Damage Repair Estimate indicates that repairs cannot be completed to the Premises within one hundred eighty (180) calendar days after being commenced and if such damage is not the result of the gross negligence or other casualty resulting from the fault or negligence willful misconduct of Tenant or any Tenant's Invitees, Tenant may elect, not later than thirty (30) calendar days after Tenant's receipt of the Damage Repair Estimate, to terminate this Lease by written notice to Landlord effective thirty (30) calendar days following delivery of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsnotice.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Premises shall be borne by Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Premises caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event there is less than two (2) years of the Lease Term remaining or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as EXHIBIT "D" (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Budding, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord's obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an amount in excess the repair and restoration of the insurance proceeds actually received by improvements located within the Premises, if any, for which Landlord as a result had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the casualtyAllowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of the Premisesall improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant's reoccupancy of the reconstruction Premises which Landlord is not obligated to restore as set forth above. Except as set forth above, all cost and expense of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensereconstructing the Premises shall be borne by Tenant, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Tenant shall not be entitled to receive any credit or payment with respect to any portion of the Reconstruction Allowance not actually spent upon restoration of the Promises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and EXHIBIT 10.6 Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have has been damaged by such casualty) or in the event any mortgagee Landlord will not be permitted by applicable law to rebuild the Building in substantially the same form as existed prior to the fire or casualty or in the event the Premises has been materially damaged and there is less than two (2) years of the Building Lease Term remaining on the date of such casualty or in the event any Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. Such termination shall be effective as of the date of fire or casualty, with respect to any portion of the Premises that was rendered untenantable, and the effective date of termination specified in Landlord's notice, with respect to any portion of the Premises that remained tenantable. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (provided that Landlord shall not be required to restore any unleased premises in the Building) and the Leasehold Improvements (but excluding any improvements, alterations or additions made by Tenant in violation of this Lease) located within the Premises, if any, which Landlord has insured to substantially the same condition they were in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the Leasehold Improvements, if any, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs to the Premises originally furnished at Landlord's expense have been restored completed by Landlord, Tenant shall, at shall complete the restoration or replacement of all Tenant's expenseProperty necessary to permit Tenant's reoccupancy of the Premises, complete the and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's ability to pay such costs prior to Landlord's commencement of repair and restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a per diem basis during the time and to the extent any damage to the Premises are unfit for occupancycauses the Premises to be rendered untenantable and not used by Tenant. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesTenant Related Parties, the rent Rent hereunder shall not be diminished during any period during which the repair Premises, or any portion thereof, is untenantable (except to the extent Landlord is entitled to be reimbursed by the proceeds of such damage any rental interruption insurance), and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Landlord and Tenant hereby waive the provisions of any law from time to time in effect during the Lease Term relating to the effect upon leases of partial or total destruction of leased property. Landlord and Tenant agree that their respective rights in the event of any damage to or destruction of the Premises shall be those specifically set forth herein. Notwithstanding anything in this Article XIX to the contrary, if all or any portion of the Premises shall be made untenantable by a fire or other casualty, Landlord shall with reasonable promptness, cause an architect or general contractor selected by Landlord to estimate the amount of time required to substantially complete repair and restoration of the Premises and make the Premises tenantable again, using standard working methods (the "Completion Estimate"). If the Completion Estimate indicates that the Premises cannot be made tenantable within twelve (12) months from the date the repair and restoration is started, either party shall have the right to terminate this Lease by giving written notice to the other of such election within ten (10) days after its receipt of the Completion Estimate. Tenant, however, shall not have the right to terminate this Lease in the event that the fire or casualty in question was caused by the negligence or intention misconduct of Tenant or any Tenant Related Parties. If the Completion Estimate indicates that the Premises can be made tenantable within twelve (12) months from the date the repair and restoration is started and Landlord has not otherwise exercised its right to terminate the Lease pursuant to the terms hereof, or if the Completion Estimate indicates that the Premises cannot be made tenantable within twelve (12) months but neither party terminates this Lease pursuant to this Article XIX, Landlord shall proceed with reasonable promptness to repair and restore the Premises.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building), Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within sixty (60) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not elect to terminate this Lease and provided insurance proceeds and any contributions from Tenant, if necessary, are available to fully repair the damage, Landlord shall within ninety (90) days after the date of such damage. If Landlord does not thus elect damage commence to terminate this Lease, Landlord repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty; provided, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, furnishings or fixtures and equipment removable by Tenant or any improvements, alterations or additions installed by or for the benefit of Tenant under the provisions of this Lease. Landlord at Landlord's expense shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount in excess of the insurance proceeds (excluding any deductible) and any contributions from Tenant, if necessary, actually received by Landlord as a result of the fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by the Tenant or loss of Tenaxx'x xersonal property resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault intentional or negligence negligent acts or omissions of Tenant or any of Tenant's agents, employees, or inviteesRepresentatives, the rent hereunder Rent shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of all or any portion of the Building or the Project caused thereby (including, without limitation, any deductible) to the extent such cost and expense is not covered by insurance proceeds. In the event the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Tenant of any such event, whereupon all rights in obligations shall cease and terminate hereunder. Except as otherwise provided in this Section 27, Tenant hereby valves the provisions of Sections 1932(2.), 1933(4.), 1941 and 1942 of the California Civil Code.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord's mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as EXHIBIT E (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord's obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an amount in excess the repair and restoration of the insurance proceeds actually received by improvements located within the Premises, if any, for which Landlord as a result had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the casualtyAllowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant's reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building 2 shall be so damaged by fire or other casualty that substantial alteration or reconstruction of Building 2 (i.e., alteration or reconstruction which is estimated to cost in excess of the product found by multiplying the rentable area in square feet of Building 2 by $5.00) shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event any mortgagee under a first mortgage or first deed of the trust covering Building 2 should require that substantially all of the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt debt, or in the event of any material uninsured loss the occurrence of a casualty which is not insured under the fire and extended coverage insurance required to be carried pursuant to the Buildingterms of Section 20, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagedamage or determination by such a mortgagee to take the proceeds, in which event the Rent, Basic Operating Costs and Taxes hereunder shall be abated as of the date of such termination. If Landlord does not thus elect to terminate this Lease, Landlord shall within ninety (90) days after the date of such damage, commence to repair and restore Building 2 and shall proceed with reasonable diligence to restore the Building 2 to substantially the same condition in which it was in immediately prior to the happening of the fire or other casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess rebuild, repair, or replace any part of Tenant's furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations, unless insurance proceeds from Landlord's or Tenant's property insurance are available to rebuild the Alterations. If Landlord determines that insurance proceeds available to Landlord will be insufficient to restore Building 2 as required by this Section 24, Landlord may, at its option, elect to either (i) terminate this Lease by written notice to Tenant, or (ii) provide the extra funds necessary to complete the restoration; provided, however, Landlord shall restore if Tenant provides the necessary extra funds. If Landlord receives insufficient funds and elects therefore not to restore it shall so notify Tenant and Tenant shall have 30 days to elect to provide the extra funds needed. If Building 2 is to be restored each of Landlord and Tenant shall contribute the insurance proceeds actually it received by and retained (net of any costs and expenses incurred in obtaining the same) to the cost of such restoration. If Tenant does not elect to provide the necessary extra funds the Lease shall terminate. In the event Landlord as a result does not either (i) commence the repairs to Building 2 within the time required herein, or (ii) complete the repairs to Building 2 within one hundred eighty (180) days after the date of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlordsuch damage, Tenant shallmay terminate the Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, at Tenant's expense, complete as the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentcase may be. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution proportional abatement of rent during Rent, Basic Operating Costs and Taxes from the date of damage until the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building restored or the Project Lease is terminated. Landlord agrees to use reasonably diligent good faith efforts to have its mortgagees agree to allow the insurance proceeds from any casualty of Building 2 to be used to restore such damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdestroyed improvements.

Casualty Damage. If the Premises or any part thereof --------------- shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building Complex shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building Complex shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event if any mortgagee or beneficiary under a mortgage or deed of trust covering the Building Complex should require that the insurance proceeds payable as a result of a said fire or other casualty be applied to the payment balance of the mortgage debt or in the event of any material uninsured loss to the Buildingdebt, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety sixty (9060) days after the date such insurance proceeds are applied to such mortgage debt, in which event the Base Rental hereunder shall be abated as of the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall within one hundred eighty (180) days after the date of such damage commence to repair and restore the Complex and shall proceed with reasonable diligence to restore the Building Complex (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that LandlordLandlord shall not be required to rebuild, repair, or replace any part of Tenant's obligation to restore furniture or furnishings or fixture and equipment removable by Tenant under the provisions of this Lease, but such work shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Complex and installing Building standard items in the Tenant ImprovementsPremises, nor shall Landlord in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty. When the portions Tenant agrees that promptly after completion of the Premises originally furnished at Landlord's expense have been restored such work by Landlord, Tenant shall, will proceed with reasonable diligence and at Tenant's expensesole cost and expense to restore, complete the restoration of the Premisesrepair and replace all alterations, including the reconstruction of all improvements in excess of those Tenant Improvements originally additions, improvements, fixtures and equipment installed at Landlord's expense, and the restoration of by Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project Complex be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project Complex caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Complex or to the Premises shall be for the sole benefit of the party carrying such insurance and shall be under its sole control. Tenant shall use proceeds from insurance carried by Tenant to repair and restore Tenant's property. See Section 25 of the Addendum.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, opinion be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee mortgagees of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied be.applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety Ninety (90) days after the date of such damage. If Landlord does not doesnot thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially substantially, the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing Shell Improvements (as described in the Tenant ImprovementsWork Letter but not including replacement of acoustical ceiling tiles) in the Premises, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense Shell Improvements have been restored by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, Premises to Building Standard and the restoration of Tenant's furniture and equipment. Landlord shall, subject to the last sentence of this Paragraph, provide Tenant with an allowance (the "Reconstruction Allowance") to pay for reconstruction of the Premises to Building Standard, such Reconstruction Allowance to be in a dollar amount equal to the actual original cost to Landlord of providing the Allowance Items provided by Landlord pursuant to the Work Letter. Except for reconstruction of the Shell improvements by Landlord and the Reconstruction Allowance, all cost and expense of reconstructing the Premises to Building Standard shall be borne by Tenant. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, invitees the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the entire cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by Landlord's insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If, by reason of such casualty, the Premises are rendered untenantable in some material portion, and the amount of time required to repair the damage is reasonably determined by Landlord, by written notice to Tenant within such ninety (90) day period, to be in excess of one hundred eighty (180) days from the date upon which Landlord is required to determine whether to terminate this Lease, then Tenant shall have the right to terminate this Lease by giving Landlord written notice of termination within thirty (30) days after the date Landlord delivers Tenant notice that the amount of time required to repair the damage has been determined by Landlord to be in excess of one hundred eighty (180) days. If Landlord fails to give such notice within such ninety (90) day period, as provided for in the immediately preceding sentence, Tenant shall be entitled to assume that the Landlord believes that the amount of time to complete such repairs will not be in excess of such one hundred eighty (180) day period and Tenant shall have no rights to terminate this Lease. If Landlord (or Tenant, if applicable) does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was as existed immediately prior to the happening occurrence of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Shell Improvements and installing the Tenant ImprovementsImprovements in the Premises, nor shall Landlord be obligated to restore the Building Shell Improvements or the Premises if the cost of the restoration work required to spend for such work an amount under this Lease and all other leases of space in excess of the Building exceeds the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancyuntenantable. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, agents or employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is are not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant Lessee shall give prompt written notice thereof to LandlordLessor. In case the Building shall be damaged by fire or other casualty, but shall not be rendered untenantable in whole or in part, Lessor shall, at its sole expense, cause such damage to be repaired with reasonable diligence to substantially the same condition in which it was immediately prior to the happening of the casualty, and the Base Rental hereunder shall not be abated; however, in case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in LandlordLessor's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event any mortgagee under a mortgage or deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt or in the event of any material uninsured loss to the Buildingdebt, Landlord Lessor may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant Lessee in writing of such termination within ninety sixty (9060) days after the date of such damage. If Landlord Lessor does not thus elect to terminate this Lease, Landlord Lessor shall within seventy-five (75) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Lessor shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore Lessor shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Lessee's fixtures, equipment or other personal property removable by Landlord at Landlord's expense Lessee under the provisions of this Lease, and Lessor shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord Lessor as a result of the fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord Lessor shall not be liable for any inconvenience or annoyance to Tenant Lessee or injury to the business of Tenant Lessee resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord Lessor shall allow Tenant Lessee a fair diminution of rent during the time and to the extent the Premises Premises, or any portion thereof, are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant Lessee or any of TenantLessee's agents, employees, or inviteesinvites, the rent hereunder shall not be diminished during the repair of such damage damage, and Tenant Lessee shall be liable to Landlord Lessor for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance, which may be carried by Lessor or Lessee against loss or damage to the Building or to the Premises, shall be for the sole benefit of the party carrying such insurance and under its sole control.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment in reduction of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord is not entitled to, or does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that . Landlord's obligation to restore shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of expend more than the insurance proceeds actually received by Landlord as a result of the casualty. When the portions Except for such insurance proceeds, all cost and expense of reconstructing the Premises originally furnished at shall be borne by Tenant, and Tenant shall present Landlord with evidence satisfactory to Landlord, of Tenant's ability to pay such costs prior to Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration commencement of reconstruction of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Initials: SK ----------- GB ----------- Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall will give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that (i) substantial alteration or reconstruction of the Building shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty), or (ii) or in the event any mortgagee under a first mortgage or first deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt debt, or (iii) in the event of any material uninsured loss the occurrence of a casualty which is not insured under the "all risk" extended coverage insurance required to be carried by Landlord pursuant to the Buildingterms of Section 20, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within fifteen (15) days after the date of Landlord's receipt of the estimated cost of reconstruction or determination by a mortgagee to take the proceeds in which event the Rent hereunder will be abated as of the date of such damage. If Landlord does not elect to terminate this Lease, Landlord will, as soon as practicable, but no more than ninety (90) days after the date of such damage. If Landlord does not thus elect , commence to terminate this Lease, Landlord shall commence repair and restore the Building and will proceed with reasonable diligence to restore the Building to substantially the same condition in which it was in immediately prior to the happening occurrence of the fire or other casualty, except that Landlord's obligation to restore shall Landlord will not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations to the Premises made by Tenant following the Commencement Date which were not approved by Landlord at Landlord's expense in originally constructing the Building writing, and installing the Tenant Improvements, nor shall Landlord will not in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty, plus any deductible amounts thereunder. When If Landlord determines that insurance proceeds will be insufficient to restore the portions Building as required by this Section 24, Landlord may, at its option, elect to either (1) terminate this Lease by written notice to Tenant, or (2) provide the extra funds necessary to complete the restoration. In the event Landlord did not originally construct any Alterations to be repaired, the time for Landlord to commence and complete such repairs will be extended by the amount of time necessary for Landlord to obtain detailed working drawings of the Premises originally furnished at Landlord's expense have been restored by LandlordAlterations to be repaired. In the event Landlord does not either commence the repairs to the Building within the time required herein, or complete the repairs to the Building within two hundred seventy (270) days after the date of such damage, Tenant shallmay terminate the Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, at Tenant's expense, complete as the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentcase may be. Landlord shall will not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall will allow Tenant a fair diminution an equitable abatement of rent Rent during the time and to the extent the Premises are unfit for occupancyoccupancy and are vacated by Tenant. If the Premises or any other portion of the Building or the Project be Complex is damaged by fire or other casualty resulting from the fault or negligence intentional acts of Tenant or any employee, officer, contractor, agent, subtenant, or licensee of Tenant's agents, employees, or invitees, the rent Rent hereunder shall will not be diminished abated during the repair of such damage damage, and Tenant shall be will remain liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedspayment thereof.

Casualty Damage. If the Premises or any part thereof shall be Dwelling Unit is damaged by fire or other casualty, by the failure of or malfunction of any equipment or utilities serving the Dwelling Unit, Tenant shall give prompt written notice thereof to promptly notify Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shallIf, in the sole determination of Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord damage does not thus elect render the Dwelling Unit substantially impaired or require repairs requiring Tenant to terminate this Leasevacate the Dwelling Unit, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially repair the same condition in which it was immediately prior to the happening within a reasonable period of the casualtytime after service upon Landlord of written notice of such damage by Xxxxxx, except that Landlord's obligation to restore and Rent shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent xxxxx during the time and to the extent the Premises are unfit for occupancyperiod of such repairs. If the Premises Dwelling Unit or any other portion of the Building or the Project be part thereof is damaged by fire or other casualty to such an extent that use of the Dwelling Unit is substantially impaired, or required repairs can be made only by Tenant vacating the Dwelling Unit, in the sole determination of Landlord, either Landlord or Tenant shall have the right to terminate the Lease in accordance with the terms of Section 55-248.24 of the VRLTA, and subject to Section 9(e) of the Lease. Landlord shall account to Tenant for the Security Deposit and prepaid rent, as applicable, plus accrued interest on the Security Deposit (if any) based upon the damage or casualty. However, if Landlord reasonably believes that Xxxxxx, Xxxxxx’s guests, invitees or authorized occupants were the cause of the damage or casualty, Landlord shall so notify Tenant and make disposition of the Security Deposit and prepaid rent by advising Tenant that such funds will be held until a determination is made of the amount of damages caused by Xxxxxx’s acts. Landlord shall have the right to apply the Security Deposit and prepaid rent to the damage so caused by Tenant, Xxxxxx’s guests, invitees, or authorized occupants. Except as otherwise provided herein, Tenant and Landlord do hereby otherwise release each other from any and all liability, loss, damage or claim resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair casualty and agree to secure from their insurers acknowledgement of such damage release and Tenant shall be liable to Landlord for the cost a waiver of the repair and restoration any rights of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedssubrogation.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord's obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an amount in excess the repair and restoration of the insurance proceeds actually received by improvements located within the Premises, if any, for which Landlord as a result had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the casualtyAllowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Xxxxxx's reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Xxxxxx, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole ’s reasonable opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any and Landlord’s mortgagee of the Building should require requires that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualtycasualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of Tenant's furniture and equipmentthe Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be Dwelling Unit is damaged by fire or other casualty, by the failure of or malfunction of any equipment or utilities serving the Dwelling Unit, Tenant shall give prompt written notice thereof to promptly notify Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shallIf, in the sole determination of Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord damage does not thus elect render the Dwelling Unit substantially impaired or require repairs requiring Tenant to terminate this Leasevacate the Dwelling Unit, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially repair the same condition in which it was immediately prior to the happening within a reasonable period of the casualtytime after service upon Landlord of written notice of such damage by Tenant, except that Landlord's obligation to restore and Rent shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent xxxxx during the time and to the extent the Premises are unfit for occupancyperiod of such repairs. If the Premises Dwelling Unit or any other portion of the Building or the Project be part thereof is damaged by fire or other casualty to such an extent that use of the Dwelling Unit is substantially impaired, or required repairs can be made only by Tenant vacating the Dwelling Unit, in the sole determination of Landlord,either Landlord or Tenant shall have the right to terminate the Lease in accordance with the terms of Section 55-248.24 of the VRLTA, and subject to Section 2.4(e) of the Lease. Landlord shall account to Tenant for the Security Deposit and prepaid rent, as applicable, plus accrued interest on the Security Deposit (if any) based upon the damage or casualty. However, if Landlord reasonably believes that Tenant, Tenant's guests, invitees or authorized occupants were the cause of the damage or casualty, Landlord shall so notify Tenant and make disposition of the Security Deposit and prepaid rent by advising Tenant that such funds will be held until a determination is made of the amount of damages caused by Tenant's acts. Landlord shall have the right to apply the Security Deposit and prepaid rent to the damage so caused by Tenant, Tenant's guests, invitees, or authorized occupants. Except as otherwise provided herein, Tenant and Landlord do hereby otherwise release each other from any and all liability, loss, damage or claim resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair casualty and agree to secure from their insurers acknowledgement of such damage release and Tenant shall be liable to Landlord for the cost a waiver of the repair and restoration any rights of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedssubrogation.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that in Landlord’s reasonable judgment, substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have has been damaged by such casualty) or in the event any mortgagee Landlord will not be permitted by applicable law to rebuild the Building in substantially the same form as existed prior to the fire or casualty or in the event the Premises has been materially damaged and there is less than two (2) years of the Building Lease Term remaining on the date of such casualty or in the event any Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. Such termination shall be effective as of the date of fire or casualty, with respect to any portion of the Premises that was rendered untenantable, and the effective date of termination specified in Landlord’s notice, with respect to any portion of the Premises that remained tenantable. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (provided that Landlord shall not be required to restore any unleased premises in the Building) and the Leasehold Improvements (but excluding any improvements, alterations or additions made by Tenant in violation of this Lease) located within the Premises, if any, which Landlord has insured to substantially the same condition they were in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the Leasehold Improvements, if any shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs to the Premises originally furnished at Landlord's expense have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration or replacement of all Tenant’s Property necessary to permit Tenant’s reoccupancy of the Premises, and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a per diem basis during the time and to the extent any damage to the Premises are unfit for occupancycauses the Premises to be rendered untenantable and not used by Tenant. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesTenant Related Parties, the rent Rent hereunder shall not be diminished during any period during which the repair Premises, or any portion thereof, is untenantable (except to the extent Landlord is entitled to be reimbursed by the proceeds of such damage any rental interruption insurance), and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Landlord and Tenant hereby waive the provisions of any law from time to time in effect during the Lease Term relating to the effect upon leases of partial or total destruction of leased property. Landlord and Tenant agree that their respective rights in the event of any damage to or destruction of the Premises shall be those specifically set forth herein.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect had financial responsibility pursuant to terminate this Lease, the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall commence and proceed with reasonable diligence to restore not be responsible for delays not within the Building control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualtycasualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s re-occupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of Tenant's furniture and equipmentthe Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building Landlord should require that the insurance proceeds payable as a result of a said fire or other casualty be applied to the payment in reduction of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety forty-five (9045) days after the date of such damage in which event the rent hereunder shall be abated as of the date of such damage. If Landlord is not entitled to or does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building and the Leased Premises (including Leasehold Improvements) to substantially the same condition in which it was they were immediately prior to the happening of the casualty, except that Landlord's obligation to restore casualty but Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount incur costs or expense in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When In performing such work, Landlord shall not be responsible for delays outside its control. If the portions Building and premises are not rebuilt so as to allow Tenant to occupy the Premises and and conduct its business in the Premises within two hundred forty (240) days after the date of the Premises originally furnished at Landlord's expense have been restored casualty, then Tenant may terminate this Lease by Landlordwritten notice to Landlord within ten (10) days after the expiration of such two hundred forty (240) day period. In no event shall Landlord be required to rebuild, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration repair or replace any part of Tenant's furniture and equipmentProperty. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Complex is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, employees or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Complex caused thereby to the extent such cost and expense is not covered by or would not be covered by Landlord's insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control.

Casualty Damage. If the Premises or any part thereof shall be Dwelling Unit is damaged by fire or other casualty, Tenant by the failure of or malfunction of any equipment or utilities serving the Dwelling Unit, Tenant(s) shall give prompt promptly notify Landlord and Agent. If, in the sole determination of Landlord or Agent, such damage does not render the Dwelling Unit substantially impaired or require repairs requiring Tenant(s) to vacate the Dwelling Unit, Landlord shall repair the same within a reasonable period of time after delivery by Tenant(s) to Landlord of written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore Rent shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent xxxxx during the time and to the extent the Premises are unfit for occupancyperiod of such repairs. If the Premises Dwelling Unit or any other portion of the Building or the Project be part thereof is damaged by fire or other casualty to such an extent that use of the Dwelling Unit is substantially impaired, or required repairs can be made only by Tenant(s) vacating the Dwelling Unit, in the sole determination of Landlord or Agent, either Landlord or Tenant(s) shall have the right to terminate the Lease in accordance with the terms of the VRLTA by giving to the other party at least fourteen (14) days’ notice of termination. Landlord shall account to Tenant(s) for the Security Deposit and prepaid Rent, if applicable, based upon the damage or casualty. However, if Landlord or Agent reasonably believe that Tenant(s), Tenant(s)’ guests, invitees or authorized occupants were the cause of the damage or casualty, Landlord shall so notify Tenant(s) and make disposition of the Security Deposit and any prepaid Rent by advising Tenant(s) that such funds will be held until a determination is made of the amount of damages caused by Tenant(s)’ acts. Landlord shall have the right to apply the Security Deposit and prepaid Rent to the damage so caused by Tenant(s), Tenant(s)’ guests, invitees, or authorized occupants. Except as otherwise provided herein. Tenant(s) do hereby release Landlord and Agent from any and all liability, loss, damage or claim resulting from the fault any casualty, and shall require its insurer to waive any rights of subrogation against Landlord or negligence Agent. Landlord retains any rights of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedssubrogation against Tenant(s).

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all furniture, fixtures and equipment which are necessary to permit Tenant’s reoccupancy of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to that Rent shall be abated from the provisions date of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit damage or destruction for occupancy. If the Premises or any other portion of the Building Premises that is unusable by Tenant, which abatement shall be in the same proportion that the Rentable Area of the Premises which is unusable by Tenant bears to the total Rentable Area of the Premises; provided that Tenant shall not be entitled to any abatement of Rent if the damage or destruction within the Project be damaged by Premises is restored within five (5) Business Days after Landlord’s receipt of written notice from Tenant of the occurrence of the damage or destruction. Landlord shall notify Tenant in writing, within thirty (90) days after any fire or other casualty resulting affecting the Premises or Tenant’s means of access to the Building, of Landlord’s reasonable estimate of the time to complete all repairs to the Premises or, if affected, Tenant’;s means of access to the Building. If such estimate exceeds the lesser of (i) one (1) year from the fault date of such fire or negligence of Tenant casualty or any of Tenant's agents, employeessuch damage occurs, or invitees(ii) one-half (1/2) of the then-remaining Term of this Lease, the rent hereunder shall not be diminished during the repair of such damage and then Tenant shall be liable have the right to terminate this Lease by written notice delivered to Landlord for the cost within thirty (30) days of the repair and restoration of the Building or the Project caused thereby to the extent receiving such cost and expense is not covered by insurance proceedsnotification from Landlord.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety thirty (9030) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit E (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. casualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of Tenant's furniture and equipmentthe Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds. Notwithstanding anything in this Article 18 to the contrary, if all or any portion of the Premises shall be made untenantable by fire or other casualty, Landlord shall with reasonable promptness, cause an architect or general contractor selected by Landlord to estimate the amount of time required to substantially complete repair and restoration of the Premises and make the Premises tenantable again, using standard working methods (the “Completion Estimate”). If the Completion Estimate indicates that the Premises cannot be made tenantable within nine (9) months from the date the repair and restoration is started, either party shall have the right to terminate this Lease by giving written notice to the other of such election within ten (10) days after its receipt of the Completion Estimate. Tenant, however, shall not have the right to terminate this Lease in the event that the fire or casualty in question was caused by the negligence or intentional misconduct of Tenant. If the Completion Estimate indicates that the Premises can be made tenantable within nine (9) months from the date the repair and restoration is started and Landlord has not otherwise exercised its right to terminate the Lease pursuant to the terms heroes, or is the Completion Estimate indicates that the Premises cannot be made tenantable within nine (9) months but neither party terminates this Lease pursuant to this Article 18, Landlord shall proceed with reasonable promptness to repair and restore the Premises.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Premises or Building are damaged by a casualty, or any Common Areas of the Building providing access to the Premises are damaged to the extent that (i) Tenant does not have reasonable access to the Premises, (ii) or the casualty results in the Premises not being provided with base Building systems or parking facilities, or (iii) in the event the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such casualty) as reasonably determined by Landlord, or (iv) in the event any mortgagee there are less than two (2) years of the Building should require Lease Term remaining, or (v) in the event that Landlord’s mortgagee requires that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord either party may, at its option, terminate this Lease by notifying Tenant the other in writing of such termination within ninety (90) days after the date of such damagecasualty. If the damage extends to the Premises or the Building in a manner which prevents Tenant’s Permitted Use and restoration of the Premises or Building shall take more than one hundred eighty (180) days from the date of such casualty to be restored in the reasonable opinion of Landlord and Tenant, Tenant at its option may terminate the Lease upon written notice to Landlord within thirty (30) days after the date of such casualty. If Landlord does and Tenant do not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualtycasualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter, more than the dollar amount of the IT Allowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of Tenant's furniture and equipmentthe Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to . Landlord and Tenant agree that Tenant’s Rent shall be fully abated during the provisions period beginning on the later of (a) the date of the next sentence, Landlord shall allow Casualty or (b) the date on which Tenant a fair diminution of rent during the time and ceases to the extent occupy the Premises are unfit for occupancyand ending on the date of Substantial Completion of Landlord’s restoration obligations as provided in this section. If the Premises or any other If, however, Tenant is able to occupy and does occupy a portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agentsPremises, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant Rent shall be liable to Landlord abated only for the cost portion of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is Premises not covered occupied by insurance proceedsTenant.

Casualty Damage. If the Premises Solar Equipment or any part thereof shall will be damaged by fire or other casualty, Tenant shall will give prompt written notice thereof to Landlord. In case the Building shall will be so damaged such that substantial alteration or reconstruction of the Building shallBuilding, in Landlord's sole opinion, be is required (whether or not the Premises shall any equipment or property of Tenant will have been damaged by such casualty) or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall will commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening shell, excluding any of the casualty, Solar Equipment (which will be Tenant’s sole responsibility to restore at its sole cost and expense) in accordance with the terms of the Lease; except that Landlord's obligation to restore shall will not exceed the scope of the work required to be done by require Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding sentence have been restored completed by Landlord, Tenant shall, at Tenant's expense, Xxxxxx will then complete the restoration of the Premises, including the reconstruction of all improvements in excess of those such improvements installed by Landlord which are necessary to permit Xxxxxx's resumption of operations pursuant to the Tenant’s final working drawings and specifications ("Improvement Restoration"). Construction of the Improvement Restoration will be completed within two (2) months after Landlord first notifies Tenant that the improvements to be completed by Landlord have been substantially completed. All cost and expense of completing the Improvements originally installed at Landlord's expense, and the restoration of Restoration will be borne by Tenant's furniture and equipment. Landlord shall will not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, thereof except that, subject to that the provisions Lease Fee will xxxxx from the date of the next sentence, Landlord shall allow Tenant a fair diminution damage through the period of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsrestoration.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord's obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an amount in excess the repair and restoration of the insurance proceeds actually received by improvements located within the Premises, if any, for which Landlord as a result had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the casualtyAllowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant's reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be Dwelling Unit is damaged by fire or other casualty, by the failure of or malfunction of any equipment or utilities serving the Dwelling Unit, Tenant shall give prompt written notice thereof to promptly notify Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shallIf, in the sole determination of Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord damage does not thus elect render the Dwelling Unit substantially impaired or require repairs requiring Tenant to terminate this Leasevacate the Dwelling Unit, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially repair the same condition in which it was immediately prior to the happening within a reasonable period of the casualtytime after service upon Landlord of written notice of such damage by Xxxxxx, except that Landlord's obligation to restore and Rent shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent xxxxx during the time and to the extent the Premises are unfit for occupancyperiod of such repairs. If the Premises Dwelling Unit or any other portion of the Building or the Project be part thereof is damaged by fire or other casualty to such an extent that use of the Dwelling Unit is substantially impaired, or required repairs can be made only by Tenant vacating the Dwelling Unit, in the sole determination of Landlord,either Landlord or Tenant shall have the right to terminate the Lease in accordance with the terms of Section 55-248.24 of the VRLTA, and subject to Section 2.4(e) of the Lease. Landlord shall account to Tenant for the Security Deposit and prepaid rent, as applicable, plus accrued interest on the Security Deposit (if any) based upon the damage or casualty. However, if Landlord reasonably believes that Xxxxxx, Xxxxxx's guests, invitees or authorized occupants were the cause of the damage or casualty, Landlord shall so notify Tenant and make disposition of the Security Deposit and prepaid rent by advising Tenant that such funds will be held until a determination is made of the amount of damages caused by Xxxxxx's acts. Landlord shall have the right to apply the Security Deposit and prepaid rent to the damage so caused by Tenant, Xxxxxx's guests, invitees, or authorized occupants. Except as otherwise provided herein, Tenant and Landlord do hereby otherwise release each other from any and all liability, loss, damage or claim resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair casualty and agree to secure from their insurers acknowledgement of such damage release and Tenant shall be liable to Landlord for the cost a waiver of the repair and restoration any rights of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedssubrogation.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have has been damaged by such casualty) or in the event any mortgagee Landlord will not be permitted by applicable law to rebuild the Building in substantially the same form as existed prior to the fire or casualty or in the event the Premises has been materially damaged and there is less than two (2) years of the Building Lease Term remaining on the date of such casualty or in the event any Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. Such termination shall be effective as of the date of fire or casualty, with respect to any portion of the Premises that was rendered untenantable, and the effective date of termination specified in Landlord's notice, with respect to any portion of the Premises that remained tenantable. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (provided that Landlord shall not be required to restore any unleased premises in the Building) and the Leasehold Improvements (but excluding any improvements, alterations or additions made by Tenant in violation of this Lease) located within the Premises, if any, which Landlord has insured to substantially the same condition they were in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the Leasehold Improvements, if any, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs to the Premises originally furnished at Landlord's expense have been restored completed by Landlord, Tenant shall, at shall complete the restoration or replacement of all Tenant's expenseProperty necessary to permit Tenant's reoccupancy of the Premises, complete the and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's ability to pay such costs prior to Landlord's commencement of repair and restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a per diem basis during the time and to the extent any damage to the Premises are unfit for occupancycauses the Premises to be rendered untenantable and not used by Tenant. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault gross negligence or negligence willful misconduct of Tenant or any of Tenant's agents, employees, or inviteesTenant Related Parties, the rent Rent hereunder shall not be diminished during any period during which the repair Premises, or any portion thereof, is untenantable (except to the extent Landlord is entitled to be reimbursed by the proceeds of such damage any rental interruption insurance), and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.. Landlord and Tenant hereby waive the provisions of any law from time to time in effect during the Lease Term relating to the effect upon leases of partial or total destruction of leased property. Landlord and Tenant agree that their respective rights in the event of any damage to or destruction of the Premises shall be those specifically set forth herein. Notwithstanding anything in this Article XIX to the contrary, if all or any portion of the Premises shall be made untenantable by a fire or other casualty, Landlord shall, with reasonable promptness, cause an architect or general contractor selected by Landlord to estimate the amount of time required to substantially complete repair and restoration of the Premises and make the Premises tenantable again, using standard working methods (the "Completion Estimate"). If the Completion Estimate indicates that the Premises cannot be made tenantable within eighteen (18) months from the date the repair and restoration is started, either party shall have the right to terminate this Lease by giving written notice to the other of such election within ten (10) days after its receipt of the Completion Estimate. Tenant, however, shall not have the right to terminate this Lease in the event that the fire or casualty in question was caused by the negligence or intentional misconduct of Tenant or any Tenant Related Parties. If the Completion Estimate indicates that the Premises can be made tenantable within eighteen (18)

Casualty Damage. If Tenant shall promptly notify Landlord or the Project Manager of any fire or other casualty to the Premises or to the extent it knows of damage, to the balance of the Building. In the event the Premises or any substantial part thereof of the Building is wholly or partially damaged or destroyed by fire or other casualty which is fully covered by Landlord’s insurance and for which such insurance proceeds are made available to Landlord by its Lender, Landlord will proceed to restore the same to substantially the same condition existing immediately prior to such damage or destruction unless such damage or destruction is incapable of repair or restoration within one hundred eighty (180) days from the date of the fire or other casualty, as reasonably determined by Landlord, in which event Landlord may, at Landlord’s option and by written notice given to Tenant within sixty (60) days of such damage or destruction, declare this Lease terminated as of the happening of such damage or destruction. If in Landlord’s reasonable opinion the net insurance proceeds recovered by Landlord and made available by Landlord’s Lender by reason of the damage or destruction will not be adequate to complete the restoration of the Building, Landlord shall have the right to terminate this Lease and all unaccrued obligations of the parties hereto by sending a notice of such termination to Tenant, which notice shall be damaged by delivered, if at all, promptly after Landlord has determined the amount of insurance proceeds that will be available to Landlord. To the extent that, after the fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction deprived of the Building shall, in Landlord's sole opinion, be required (whether or not use and occupancy of the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable portion thereof as a result of a casualty any such damage, destruction or the repair thereof, provided Tenant did not cause the fire or other casualty, Tenant shall be applied relieved of the same ratable portion of the Monthly Rent hereunder as the amount of damaged or useless space in the Premises bears to the payment rentable square footage of the mortgage debt Premises until such time as the Premises may be restored. Landlord shall reasonably determine the amount of damaged or useless space and the square footage of the Premises referenced in the prior sentence. In the event that (i) the Premises or any of any material uninsured loss the Common Areas necessary for Tenant to use and occupy the BuildingPremises are damaged or destroyed by fire or other casualty, (ii) Landlord may, at its option, terminate this Lease by notifying Tenant in writing reasonably determines that such damage or destruction is incapable of such termination repair or restoration within three hundred (300) days from the date of the fire or other casualty (or ninety (90) days after if the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished occurs during the repair final one hundred eighty (180) days of such damage the Term), and (iii) Landlord does not exercise its right to terminate this Lease pursuant to the foregoing provisions, then Tenant shall be liable have the right to terminate this Lease as respects the applicable Building(s) by written notice to Landlord for the cost within fifteen (15) days after Tenant’s receipt of Landlord’s written notice setting forth Landlord’s estimate of the repair and restoration period. Each of Landlord and Tenant hereby waives California Civil Code Sections 1932(2) and 1933(4), providing for termination of hiring upon destruction of the Building or the Project caused thereby thing hired and Sections 1941 and 1942, providing for repairs to the extent such cost and expense is not covered by insurance proceedsof premises.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord's mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease Lease, by notifying Tenant in writing of such termination within ninety SIXTY (9060) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as EXHIBIT E (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord's obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an amount in excess the repair and restoration of the insurance proceeds actually received by improvements located within the Premises, if any, for which Landlord as a result had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the casualtyAllowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant's reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds. NOTWITHSTANDING ANYTHING IN THIS ARTICLE 18 TO THE CONTRARY, IF ALL OR ANY PORTION OF THE PREMISES SHALL BE MADE UNTENANTABLE BY A FIRE OR OTHER CASUALTY, LANDLORD SHALL WITH REASONABLE PROMPTNESS, CAUSE AN ARCHITECT OR GENERAL CONTRACTOR SELECTED BY LANDLORD TO ESTIMATE 20 THE AMOUNT OF TIME REQUIRED TO SUBSTANTIALLY COMPLETE REPAIR AND RESTORATION OF THE PREMISES AND MAKE THE PREMISES TENANTABLE AGAIN, USING STANDARD WORKING METHODS (THE "COMPLETION ESTIMATE"). IF THE COMPLETION ESTIMATE INDICATES THAT THE PREMISES CANNOT BE MADE TENANTABLE WITHIN TWELVE (12) MONTHS FROM THE DATE THE REPAIR AND RESTORATION IS STARTED, EITHER PARTY SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE BY GIVING WRITTEN NOTICE TO THE OTHER OF SUCH ELECTION WITHIN TEN (10) DAYS AFTER ITS RECEIPT OF THE COMPLETION ESTIMATE. TENANT, HOWEVER, SHALL NOT HAVE THE RIGHT TO TERMINATE THIS LEASE IN THE EVENT THAT THE FIRE OR CASUALTY IN QUESTION WAS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TENANT. IF THE COMPLETION ESTIMATE INDICATES THAT THE PREMISES CAN BE MADE TENANTABLE WITHIN TWELVE (12) MONTHS FROM THE DATE THE REPAIR AND RESTORATION IS STARTED AND LANDLORD HAS NOT OTHERWISE EXERCISED ITS RIGHT TO TERMINATE THE LEASE PURSUANT TO THE TERMS HEREOF, OR IF THE COMPLETION ESTIMATE INDICATES THAT THE PREMISES CANNOT BE MADE TENANTABLE WITHIN TWELVE (12) MONTHS, BUT NEITHER PARTY TERMINATES THIS LEASE PURSUANT TO THIS ARTICLE 18, LANDLORD SHALL PROCEED WITH REASONABLE PROMPTNESS TO REPAIR AND RESTORE THE PREMISES.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, opinion be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee mortgagees of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied be.applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety Ninety (90) days after the date of such damage. If Landlord does not doesnot thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially substantially, the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing Shell Improvements (as described in the Tenant ImprovementsWork Letter but not including replacement of acoustical ceiling tiles) in the Premises, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense Shell Improvements have been restored by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, Premises to Building Standard and the restoration of Tenant's furniture and equipment. Landlord shall, subject to the last sentence of this Paragraph, provide Tenant with an allowance (the "Reconstruction Allowance") to pay for reconstruction of the Premises to Building Standard, such Reconstruction Allowance to be in a dollar amount equal to the actual original cost to Landlord of providing the Allowance Items provided by Landlord pursuant to the Work Letter. Except for reconstruction of the Shell improvements by Landlord and the Reconstruction Allowance, all cost and expense of reconstructing the Premises to Building Standard shall be borne by Tenant. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, invitees the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the entire cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by Landlord's insurance proceeds. 17 <PAGE> 25.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant Lessee shall give prompt written notice thereof to LandlordLessor. In case the Building (including the Premises) shall be so damaged that substantial alteration or reconstruction of the Building shall, in LandlordLessor's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building Lessor's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord Lessor may, at its option, terminate this Lease by notifying Tenant Lessee in writing of such termination within ninety (90) days after the date of such damage. If Landlord Lessor does not thus elect to terminate this Lease, Landlord Lessor shall upon receipt of the insurance proceeds relating to such casualty, commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that LandlordLessor's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense Lessor in originally constructing the Building and installing Building Standard Improvements (as described in the Tenant ImprovementsWork Letter) in the Premises, nor shall Landlord Lessor be required to spend for such work an amount in excess of the insurance Insurance proceeds actually received by Landlord Lessor as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored to Building Standard by LandlordLessor, Tenant shall, at Tenant's expense, Lessee shall complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, Building Standard and the restoration of TenantLessee's furniture and equipment. Landlord Lessor shall provide Lessee with an "allowance" (the 'Reconstruction Allowance") to pay for reconstruction in excess of Building Standard, such Reconstruction Allowance to be in dollar amount equal to the dollar amount of the "allowance" described in the Work Letter, but not to exceed insurance proceeds. Except for the Reconstruction Allowance, all cost and expense of reconstructing the Premises to a level in excess of Building Standard shall be borne by Lessee. Lessor shall not be liable for any inconvenience or annoyance to Tenant Lessee or injury to the business of Tenant Lessee resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord Lessor shall allow Tenant Lessee a fair diminution of rent Base Rental (but not of the adjustment thereto relating to Basic Costs payable pursuant to paragraph 6 hereon) during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant Lessee or any of TenantLessee's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant Lessee shall be liable to Landlord Lessor for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is Is not covered by insurance Insurance proceeds. If the damage results from the fault or negligence of Lessor, or its agents, employees or invitees and the damage materially impacts the operation of Lessee's business or service to Lessee's customers, then rent but not CAM shall be abated until the damage is repaired.

Casualty Damage. 24 27 A. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have has been damaged by such casualty) or in the event any mortgagee Landlord will not be permitted by applicable law to rebuild the Building in substantially the same form as existed prior to the fire or casualty or in the event the Premises has been materially damaged and there is less than two (2) years of the Building Lease Term remaining on the date of such casualty or in the event any Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. Such termination shall be effective as of the date of fire or casualty, with respect to any portion of the Premises that was rendered untenantable, and the effective date of termination specified in Landlord's notice, with respect to any portion of the Premises that remained tenantable. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (provided that Landlord shall not be required to restore any unleased premises in the Building) and the Leasehold Improvements (but excluding any improvements, alterations or additions made by Tenant in violation of this Lease) located within the Premises to substantially the same condition they were in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the Leasehold Improvements, if any, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs to the Premises originally furnished at Landlord's expense have been restored completed by Landlord, Tenant shall, at shall complete the restoration or replacement of all Tenant's expenseProperty necessary to permit Tenant's reoccupancy of the Premises, complete the and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's ability to pay such costs prior to Landlord's commencement of repair and restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a per diem basis during the time and to the extent any damage to the Premises are unfit for occupancycauses the Premises to be rendered untenantable and not used by Tenant. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesTenant Related Parties, the rent Rent hereunder shall not be diminished during any period during which the repair Premises, or any portion thereof, is untenantable (except to the extent Landlord is entitled to be reimbursed by the proceeds of such damage any rental interruption insurance), and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Landlord and Tenant hereby waive the provisions of any law from time to time in effect during the Lease Term relating to the effect upon leases of partial or total destruction of leased property. Landlord and Tenant agree that their respective rights in the event of any damage to or destruction of the Premises shall be those specifically set forth herein.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building (meaning more than fifty percent [50%] of the Building) shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building (meaning more than fifty percent [50%] of the Building), Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord chooses to complete the repair work, but Landlord cannot reasonably be expected to substantially complete its repair work within 270 days from the date on which Landlord determines it will repair, then Tenant may, at its option, terminate this Lease by notifying Landlord in writing of such termination within ninety (90) days after the date of such casualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as EXHIBIT "D" (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord's obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an amount in excess the repair and restoration of the insurance proceeds actually received by improvements located within the Premises, if any, for which Landlord as a result had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the casualtyAllowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant's reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be home by Tenant, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Tenant shall not be entitled to receive any credit or payment with respect to any portion of the Reconstruction Allowance not actually spent upon restoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be is damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building Landlord should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed . When the scope of Building has been restored by Landlord (including the work required to be done by Landlord at in the Premises as "Landlord's expense in originally constructing Work" under the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord Work Letter attached hereto as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by LandlordExhibit "B"), Tenant shall, at Tenant's expense, shall complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, Premises and the restoration replacement of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of base rent and Operating Expenses during the time and to the extent the Premises are unfit for occupancyuntenantable. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdamages.

Casualty Damage. 16.01 If all or any portion of the Premises or any part thereof shall be damaged becomes untenantable by fire or other casualtycasualty to the Premises (collectively a “Casualty”), Landlord, with reasonable promptness, shall cause a general contractor selected by Landlord to provide Landlord and Tenant with a written estimate of the amount of time required using standard working methods to Substantially Complete the repair and restoration of the Premises and any Common Areas necessary to provide access to the Premises (“Completion Estimate”). If the Completion Estimate indicates that the Premises located within a Building or any Common Areas necessary to provide access to the Premises located within such Building cannot be made tenantable within 300 days from the date of the Casualty, then either party shall give prompt have the right to terminate this Lease with respect to the Building in which the Casualty occurred upon written notice thereof to Landlordthe other within 10 Business Days after receipt of the Completion Estimate. Tenant, however, shall not have the right to terminate this Lease if the Casualty was caused by the negligence or intentional misconduct of Tenant or any Tenant Related Parties. In case addition, Landlord, by notice to Tenant within 90 days after the date of the Casualty, shall have the right to terminate this Lease with respect to the Building shall be so in which the Casualty occurred if: (1) the Premises have been materially damaged that substantial alteration or reconstruction and there is less than 2 years of the Building shall, in Landlord's sole opinion, be required (whether or not Term remaining on the Premises shall have been damaged by such casualty) or in the event any mortgagee date of the Building should require Casualty; (2) any Mortgagee requires that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt; or in the event of any (3) a material uninsured loss to the BuildingBuilding occurs. In addition to Landlord’s right to terminate as provided herein, Landlord may, at its option, Tenant shall have the right to terminate this Lease with respect to the Building I which the Casualty occurred if: (a) a substantial portion of the Premises in the subject Building has been damaged by notifying Tenant in writing Casualty and such damage cannot reasonably be repaired (as reasonably determined by Landlord) within 60 days after Landlord’s receipt of all required permits to restore the subject portion of the Premises; (b) there is less than 1 year of the Term remaining on the date of such termination Casualty; (c) the Casualty was not caused by the negligence or willful misconduct of Tenant or its agents, employees or contractors; and (d) Tenant provides Landlord with written notice of its intent to terminate within ninety (90) 30 days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsCasualty.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such casualty. Landlord shall deliver to Tenant within ninety (90) days after the date of the damage, a reasonable estimate of the time required to repair and restore the Premises (the “Repair Estimate”). If Landlord does not thus elect to terminate this LeaseLease pursuant to the foregoing and Tenant does not elect to terminate this Lease as provided below, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. If as a result of such fire or casualty the Premises or any part thereof have been damaged or access to the Premises has been substantially impaired or denied, except and provided that the Repair Estimate states that repair and restoration thereof will not be completed within one hundred eighty (180) days after the date of the damage, Tenant may terminate this Lease by giving Landlord notice of termination within ten (10) days after the date Tenant receives the Repair Estimate. Notwithstanding the foregoing, Landlord's ’s obligation to restore the Building, and the improvements located within the Premises shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense repairs described in this paragraph have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all furniture, fixtures and equipment which are necessary to permit Tenant’s reoccupancy of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to that Rent shall be abated from the provisions date of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit damage or destruction for occupancy. If the Premises or any other portion of the Building or Premises that is unusable by Tenant, which abatement shall be in the Project be damaged same proportion that the Rentable Area of the Premises which is unusable by fire or other casualty resulting from Tenant bears to the fault or negligence total Rentable Area of the Premises; provided that Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during entitled to any abatement of Rent if the repair damage or destruction in the Premises is restored within five (5) Business Days after Landlord’s receipt of such damage and written notice from Tenant shall be liable to Landlord for the cost of the repair and restoration occurrence of the Building damage or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdestruction.

Casualty Damage. If the Premises or any part thereof shall be damaged --------------- by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building or the Premises shall be so damaged by fire or other casualty (a) such that substantial alteration or more than thirty percent (30%) reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged is required, as determined by such casualtyLandlord, or (b) or in the event any mortgagee regardless of the Building should require that extent of damage, such damage is either uninsured or the insurance proceeds payable as a result of a casualty be applied are unavailable or insufficient for Landlord to restore the payment of Building or the mortgage debt or in the event of any material uninsured loss to the BuildingPremises, Landlord may, at its option, may elect to either terminate this Lease by notifying Tenant in writing of such termination within ninety or restore the Building or the Premises. In all other cases, Landlord shall promptly commence reconstruction repair subject to this Section 26. If Landlord elects to terminate the Lease, the estate created hereby shall terminate forty- five (9045) days after following the date of damage, and Base Rent due hereunder shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair and restore the Building or the Premises, then Landlord shall commence and proceed with reasonable diligence to restore the Building or the Premises (except Landlord shall not be responsible for delays outside of its control) to substantially the same condition in which it was existing immediately prior to the happening of the casualty. If Landlord is required to make any repairs or restorations pursuant to this Section 26, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work repairs or restoration an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When If Landlord elects to repair or restore the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of Building or the Premises, including then Tenant, within thirty (30) days after the reconstruction date the damage occurred, may request in writing from Landlord an estimate of all improvements in excess the time required to repair or restore the Building or the Premises. Landlord shall notify Tenant of those Tenant Improvements originally installed at Landlord's expensereasonable estimate of the time for restoration or repair. If Landlord estimates that the Premises or the Building cannot be restored within one hundred and eighty (180) days from the date that the damage occurred, and then Tenant shall have five (5) business days from receipt of Landlord's estimate in which to terminate this Lease, which termination shall be effective as of the restoration of Tenant's furniture and equipmentdate the damage occurred. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by Tenant or loss of Tenant's personal property resulting in any way from such damage or the repair restoration thereof, except that, subject to the provisions of the next sentenceduring any restoration, Landlord shall allow Tenant a fair diminution of rent Base Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises In no event shall Landlord be required to rebuild, repair or replace any other portion part of the Building Tenant Improvements or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agentsfurniture, employees, furnishings or invitees, the rent hereunder shall not be diminished during the repair of such damage fixtures and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby equipment except to the extent that Landlord actually receives insurance proceeds with respect to the damage of such cost property (Tenant acknowledges that Landlord is under no obligation to maintain insurance covering such property and expense that neither Landlord nor any of its representatives have made any representations or warranties to Tenant that Landlord intends to maintain any insurance covering such property). Tenant hereby waives the provisions of Sections 1932(2.), 1933(4.), 1941 and 1942 of the California Civil Code. Landlord or Tenant shall have the right to terminate this Lease if (a) the damage to the Premises occurs during the last year of the term of this Lease, and (b) it is not covered estimated by insurance proceedsLandlord that the necessary repairs will take more than ninety (90) days from the date of the damage.

Casualty Damage. If the Premises Solar Equipment or any part thereof shall will be damaged by fire or other casualty, Tenant shall will give prompt written notice thereof to Landlord. In case the Building shall will be so damaged such that substantial alteration or reconstruction of the Building shallBuilding, in Landlord's sole opinion, be is required (whether or not the Premises shall any equipment or property of Tenant will have been damaged by such casualty) or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall will commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening shell, excluding any of the casualty, Solar Equipment (which will be Tenant’s sole responsibility to restore at its sole cost and expense) in accordance with the terms of the Lease; except that Landlord's obligation to restore shall will not exceed the scope of the work required to be done by require Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding sentence have been restored completed by Landlord, Tenant shall, at Tenant's expense, will then complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally such improvements installed at Landlord's expense, and the restoration of by Landlord which are necessary to permit Tenant's furniture resumption of operations pursuant to the Tenant’s final working drawings and equipmentspecifications ("Improvement Restoration"). Construction of the Improvement Restoration will be completed within two (2) months after Landlord first notifies Tenant that the improvements to be completed by Landlord have been substantially completed. All cost and expense of completing the Improvements Restoration will be borne by Tenant. Landlord shall will not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, thereof except that, subject to that the provisions Lease Fee will xxxxx from the date of the next sentence, Landlord shall allow Tenant a fair diminution damage through the period of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsrestoration.

Casualty Damage. If During the Term hereof, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall use its commercially reasonable efforts to provide a reasonable estimation of the time to repair such damage within thirty (30) days after receipt of such notice from Tenant. In case the Building Premises shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged be required, (i) if such damage cannot be repaired within one hundred eighty (180) days thereafter, as reasonably determined by such casualtyLandlord, (ii) or in the event if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss to the Building(iii) if such damage is not covered by insurance carried by Landlord, either Landlord or Tenant may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant the other party in writing of such termination within ninety sixty (9060) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If the damage does not require substantial alteration or reconstruction or if Landlord does not thus elect to terminate this Lease, Landlord shall, within sixty (60) days after the date of such damage, commence to repair and restore the Premises and shall commence and proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation Landlord shall not be required to restore rebuild, repair or replace any part of Tenant’s furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease, but such work shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Building. Tenant shall not be entitled to any compensation or damages from Landlord, and installing the Tenant ImprovementsLandlord shall not be liable, nor shall Landlord be required to spend for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseTenant’s personal property, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a square footage basis during the time and to the extent the Premises are unfit or unavailable for occupancy. If Subject to Section 19(g) above, if the Premises or any other portion of the Building or the Project be are damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building shall be for the sole benefit of the party carrying such insurance and under its sole control. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Premises.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord's mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building (excluding any leasehold improvements) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the improvements located within the Premises shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all leasehold improvements and the installation of any furniture, fixtures and equipment that are necessary to permit Tenant's reoccupancy of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to that Rent shall be abated from the provisions date of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit damage or destruction for occupancy. If the Premises or any other portion of the Building or Premises that is unusable by Tenant, which abatement shall be in the Project be damaged same proportion that the Rentable Area of the Premises that is unusable by fire or other casualty resulting from Tenant bears to the fault or negligence total Rentable Area of the Premises; provided that Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during entitled to any abatement of Rent if the repair damage or destruction within the Premises is restored within five (5) Business Days after Landlord's receipt of such damage and written notice from Tenant shall be liable to Landlord for the cost of the repair and restoration occurrence of the Building damage or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdestruction. 17.

Casualty Damage. If the Leased Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be damaged by fire or other casualty, but shall not be rendered untenantable in whole or in part, Landlord shall, at its sole expense, cause such damage to be repaired with reasonable diligence to substantially the same condition in which it was immediately prior to the happening of the casualty, and the Base Rental Amount hereunder shall not be abated; however, in case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinionthe agreement of Landlord and Tenant, or if they cannot agree, in the opinion of an independent third party architect, be required (whether or not the Leased Premises shall have been damaged by such fire or other casualty) ), or in the event any mortgagee under a mortgage or deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to retire the payment of the mortgage debt or in the event of any material uninsured loss to the BuildingMortgage debt, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety sixty (9060) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall within seventy-five (75) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building which restoration shall be completed no later than 120 days from the date of such damage to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's fixtures, equipment or other personal property removable by Tenant under the provisions of this Lease, and Landlord at Landlord's expense shall not in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience inconvenient or annoyance to Tenant or injury to the business of Tenant tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair proportionate diminution of rent based on the percentage of the Leased Premises that is affected during the time and to the extent the Premises Leased Premises, or any portion thereof, are unfit for occupancy. If the Premises or any other portion of the Building or the Project shall be damaged by fire or other casualty resulting from the willful fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesinvitees in the Leased Premises, the rent hereunder shall not be diminished during the repair of such damage damage, and Tenant shall be liable to Landlord for the cost and expense of the repair of such damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or to the Leased Premises shall be for the sole benefit of the party carrying such insurance and under its sole control.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event any mortgagee under a first mortgage or first deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt debt, or in the event of any material uninsured loss the occurrence of a casualty which is not insured under the “all risk” extended coverage insurance required to be carried by Landlord pursuant to the Buildingterms of Section 20, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within fifteen (15) days after the date of Landlord's receipt of the estimated cost of reconstruction or determination by a mortgagee to take the proceeds, in which event the Rent hereunder shall be abated as of the date of such damage. If Landlord does not elect to terminate this Lease, Landlord shall, as soon as practicable, but no more than ninety (90) days after the date of such damage. If Landlord does not thus elect , commence to terminate this Lease, Landlord repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was in immediately prior to the happening occurrence of the fire or other casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations to the Premises made by Tenant following the Commencement Date which were not approved by Landlord at Landlord's expense in originally constructing the Building writing, and installing the Tenant Improvements, nor Landlord shall Landlord not in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty, plus any deductible amounts thereunder. When If Landlord determines that insurance proceeds will be insufficient to restore the portions Building as required by this Section 24, Landlord may, at its option, elect to either (1) terminate this Lease by written notice to Tenant, or (2) provide the extra funds necessary to complete the restoration. In the event Landlord did not originally construct any Alterations to be repaired, the time for Landlord to commence and complete such repairs shall be extended by the amount of time necessary for Landlord to obtain detailed working drawings of the Premises originally furnished at Landlord's expense have been restored by LandlordAlterations to be repaired. In the event Landlord does not either commence the repairs to the Building within the time required herein, or complete the repairs to the Building within two hundred seventy (270) days after the date of such damage, Tenant shallmay terminate the Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, at Tenant's expense, complete as the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentcase may be. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution an equitable abatement of rent Rent during the time and to the extent the Premises are inaccessible or unfit for occupancyoccupancy and vacated by Tenant. If the Premises or any other portion of the Building or the Project be Landlord’s Premises is damaged by fire or other casualty resulting from the fault or negligence intentional acts of Tenant or any employee, officer, contractor, agent, subtenant, or licensee of Tenant's agents, employees, or invitees, the rent Rent hereunder shall not be diminished abated during the repair of such damage damage, and Tenant shall be remain liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedspayment thereof.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building Project shall be so damaged by fire or other casualty such that substantial alteration or reconstruction of the Building Project shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualtya casualty affecting the Project) or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds proceeds, or any portion thereof, payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the BuildingProject or the Premises, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within the later to occur of ninety (90) days after the date of such damagecasualty or ninety (90) days after the date of receipt of Tenant's notice relating to the Premises. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Premises to substantially the same condition in which it was they were immediately prior to the happening of the casualtycasualty (without regard, however, to alterations made by or on behalf of Tenant, without Landlord's prior written consent), except that the Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Premises and installing Building Standard Improvements in the Tenant ImprovementsPremises, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord for the Building Standard Improvements in the Premises, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord for the Building Standard Improvements in the Premises as a result of the casualty. When the portions of Building Standard Improvements in the Premises originally furnished at Landlord's expense have been restored by LandlordLandlord (to the extent that insurance proceeds actually received by Landlord are sufficient to complete such work), Tenant shallshall complete, at Tenant's its sole cost and expense, complete the restoration of the Premises, including including, without limitation, the reconstruction of all improvements in excess of those Tenant Building Standard Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Such work to be performed by Tenant shall not result in any type of mechanic's or materialman's lien affecting the Premises, the Project or any portion thereof and shall result in the reconstruction or restoration of said items by Tenant to a condition that is at least equal in quality to the condition of said items existing prior to such damage or destruction. Landlord shall not be liable have no liability to Tenant for the Landlord's termination of the Lease in accordance with the provisions hereof, or for any inconvenience or annoyance to Tenant or injury to the business or property of Tenant resulting in any way from such damage the occurrence of a casualty or the repair thereofof any damage or destruction related thereto, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent, as determined by Landlord, during the time and to the extent the Premises are unfit for occupancy; provided, however, such unfitness for occupancy shall not be construed to constitute an actual or constructive eviction. If if the Premises or any other portion of the Building or the Project be damaged by for fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, licensees, or invitees, the rent Rent hereunder shall not be diminished during the repair diminished, and regardless of such damage and whether this Lease is terminated, Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or Premises, all other parts of the Project, and all tenant improvements in the Project caused thereby resulting therefrom to the extent such cost and expense expenses exceed the amount of insurance proceeds actually received by Landlord therefor, and Landlord shall retain all other rights and remedies that Landlord may have at law, in equity or pursuant to this Lease. Anything in this Lease to the contrary notwithstanding, if more than fifteen percent (15%) of the Premises are damaged by fire or other casualty or if all or any portion of the Premises is not covered damaged by insurance proceedsfire or other casualty during the last year of the term (excluding the period during any renewal term, unless such fire or casualty occurs during a renewal term) of this Lease, then Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within the later to occur of ninety (90) days after the date of such casualty or ninety (90) days after the date of receipt by Landlord of Tenant's notice.

Casualty Damage. If the Premises or any part thereof shall be damaged by --------------- fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building (i.e., the proposed cost of alteration or construction exceeds fifty percent (50%) of the then-existing replacement cost of the Building) shall, in Landlord's sole reasonable opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building), Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within sixty (60) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not elect to terminate this Lease, and provided insurance proceeds are available to fully repair the damage, Landlord shall within ninety (90) days after the date of such damage. If Landlord does not thus elect damage commence to terminate this Lease, Landlord repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty; provided, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlordrebuild, Tenant shallrepair, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration or replace any part of Tenant's furniture furniture, furnishings or fixtures and equipmentequipment removable by Tenant or any improvements, alterations or additions installed by or for the benefit of Tenant under the provisions of this Lease. If Landlord's repair or restoration work is not completed within two hundred seventy (270) days after the date of damage, Tenant shall have the right, upon written notice to Landlord, to terminate this Lease. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant, injury to the business of Tenant, loss of use of any part of the Premises by the Tenant or loss of Tenant's personal property resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault intentional or negligence negligent acts or omissions of Tenant or any of Tenant's agents, employees, or inviteesRepresentatives, the rent hereunder Rent shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of all or any portion of the Building or the Project caused thereby (including, without limitation, any deductible) to the extent such cost and expense is not covered by insurance proceeds. In the event the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Tenant of any such event, whereupon all rights and obligations shall cease and terminate hereunder. Except as otherwise provided in this Section 27, Tenant hereby waives the provisions of Sections 1932(2.), 1933(4.), 1941 and 1942 of the California Civil Code.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than two (2) years of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's Lxxxxxxx’s obligation to restore the Building, and the improvements located within the Premises shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all furniture, fixtures and equipment which are necessary to permit Txxxxx’s reoccupancy of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to that Rent shall be abated from the provisions date of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit damage or destruction for occupancy. If the Premises or any other portion of the Building or Premises that is unusable by Tenant, which abatement shall be in the Project be damaged same proportion that the Rentable Area of the Premises which is unusable by fire or other casualty resulting from Tenant bears to the fault or negligence total Rentable Area of the Premises; provided that Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during entitled to any abatement of Rent if the repair damage or destruction in the Premises is restored within five (5) Business Days after Landlord’s receipt of such damage and written notice from Tenant shall be liable to Landlord for the cost of the repair and restoration occurrence of the damage or destruction. Office of the General Counsel Industrial Lease for Energy Research Park (ERP) 5 OGC-S-2017-04 Created 09.30.2016 UNIVERSITY of HOUSTON | ENERGY RESEARCH PARK Innovation Labs – Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.5

Casualty Damage. If the Premises or any part pan thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's ’s obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's ’s expense in originally constructing the Building and installing the Tenant ImprovementsTenant’s improvements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's landlord’s expense have been restored by Landlord, Tenant shall, at Tenant's ’s expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's landlord’s expense, and the restoration of Tenant's ’s furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee there is less than one year of the Building Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D (except that Landlord shall not be responsible for delays not within the control of Landlord) to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord's obligation to restore shall be further limited so that Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such work an amount in excess the repair and restoration of the insurance proceeds actually received by improvements located within the Premises, if any, for which Landlord as a result had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the casualtyAllowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant's reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be Property is damaged by fire or other casualty resulting from the fault willful misconduct or gross negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project Property caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. If (a) During the Term hereof, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such fire or other casualty), (i) or in the event if such damage cannot be repaired within ninety (90) days thereafter, as reasonably determined by Landlord, (ii) if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss to the Building(iii) if such damage is not covered by insurance carried by Landlord, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety thirty (9030) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair the Premises and/or the Building, Landlord shall within forty five (45) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation Landlord shall not be required to restore rebuild, repair or replace any part of Tenant’s furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease, but such work shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Building. Tenant shall not be entitled to any compensation or damages from Landlord, and installing the Tenant ImprovementsLandlord shall not be liable, nor shall Landlord be required to spend for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseBuilding, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for ’s personal property, or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a square footage basis during the time and to the extent the Premises are unfit or unavailable for occupancy. If the Premises or any other portion of the Building or the Project be are damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises or Building, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Premises. Except as otherwise provided in this Section 22, Tenant hereby waives the provisions of Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If, by reason of such casualty, the Premises are rendered untenantable in some material portion, and the amount of time required to repair the damage is reasonably determined by Landlord to be in excess of one hundred eighty (180) days from the date upon which Landlord is required to determine whether to terminate this Lease, then Tenant shall have the right to terminate this Lease by giving Landlord written notice of termination within thirty (30) days after the date Landlord delivers Tenant notice that the amount of time required to repair the damage has been determined by Landlord to be in excess of one hundred eighty (180) days. If Landlord (or Tenant, if applicable) does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was as existed immediately prior to the happening occurrence of the casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Shell Improvements and installing the Tenant ImprovementsImprovements in the Premises, nor shall Landlord be obligated to restore the Building Shell Improvements or the Premises if the cost of the restoration work required to spend for such work an amount under this Lease and all other leases of space in excess of the Building exceeds the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense Tenant Improvements have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of shall restore Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancyuntenantable. If the Premises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is are not covered by insurance proceeds.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in the judgment of an independent architect selected by Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty) ), or in the event any mortgagee under a first mortgage or first deed of trust covering the Building should require that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of retire the mortgage debt debt, or in the event of any material uninsured loss the occurrence of a casualty which is not insured under the "all risk" extended coverage insurance required to be carried by Landlord pursuant to the Buildingterms of Section 20, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within fifteen (15) days after the date of Landlord's receipt of the estimated cost of reconstruction or determination by a mortgagee to take the proceeds, in which event the Rent hereunder shall be abated as of the date of such damage. If Landlord does not elect to terminate this Lease, Landlord shall, as soon as practicable, but no more than ninety (90) days after the date of such damage. If Landlord does not thus elect , commence to terminate this Lease, Landlord repair and restore the Building and shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was in immediately prior to the happening occurrence of the fire or other casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work be required to be done rebuild, repair, or replace any part of Tenant's furniture, fixtures and equipment removable by Tenant under the provisions of this Lease or any Alterations to the Premises made by Tenant following the Commencement Date which were not approved by Landlord at Landlord's expense in originally constructing the Building writing, and installing the Tenant Improvements, nor Landlord shall Landlord not in any event be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the fire or other casualty, plus any deductible amounts thereunder. When If Landlord determines that insurance proceeds will be insufficient to restore the portions Building as required by this Section 24, Landlord may, at its option, elect to either (1) terminate this Lease by written notice to Tenant, or (2) provide the extra funds necessary to complete the restoration. In the event Landlord did not originally construct any Alterations to be repaired, the time for Landlord to commence and complete such repairs shall be extended by the amount of time necessary for Landlord to obtain detailed working drawings of the Premises originally furnished at Landlord's expense have been restored by LandlordAlterations to be repaired. In the event Landlord does not either commence the repairs to the Building within the time required herein, or complete the repairs to the Building within two hundred seventy (270) days after the date of such damage, Tenant shallmay terminate the Lease by written notice thereof to Landlord given no later than thirty (30) days following the date on which Landlord was to commence or complete such repairs, at Tenant's expenseas the case may be. Notwithstanding anything to the contrary set forth herein, complete the restoration if Landlord grants to any other tenant of the PremisesBuilding which occupies the same or less square feet of Rentable Area as Tenant the right to terminate its Lease if repairs to the Building are not complete within a shorter period of time than 270 days after the date of the casualty, including Landlord shall promptly notify Tenant thereof and Landlord and Tenant shall thereafter modify this Lease to provide Tenant the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipmentsame right. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution an equitable abatement of rent Rent during the time and to the extent the Premises are unfit for occupancyoccupancy and vacated by Tenant. If the Premises or any other portion of the Building or the Project be Complex is damaged by fire or other casualty resulting from the fault or negligence intentional acts of Tenant or any employee, officer, contractor, agent, subtenant, or licensee of Tenant's agents, employees, or invitees, the rent Rent hereunder shall not be diminished abated during the repair of such damage damage, and Tenant shall be remain liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedspayment thereof.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such casualty), or if less than two (2) years of the Lease Term remain, or in the event if any mortgagee of the Building Landlord’s should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damagecasualty. If Landlord does does, not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit “D” (except that Landlord shall not be responsible for delays not within the control of Landlord), to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's ’s obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualtycasualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Premises. Except as set forth above, including all cost and expense of reconstructing the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensePremises shall be borne by Tenant, and the Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of Tenant's furniture and equipmentthe Premises. Tenant shall not be entitled to receive any credit or payment with respect to any portion of the Reconstruction Allowance not actually spent upon restoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If This Lease sets forth the Premises terms and conditions upon which this Lease may terminate in the event of any damage or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesdestruction. Accordingly, the rent hereunder shall not be diminished during parties hereby waive the repair provisions of such California Civil Code Section 1932, Subsection 2, and Section 1933, Subsection 4 (and any successor statutes thereof permitting the parties to terminate this Lease as a result of any damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsdestruction).

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, opinion be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee mortgagees of the Building Landlord’s should require that the insurance proceeds payable as a result of a casualty be being applied to the payment of the mortgage debt debt, or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety Ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially substantially, the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's ’s obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing Shell Improvements (as described in the Tenant ImprovementsWork Letter but not including replacement of acoustical ceiling tiles) in the Premises, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense Shell Improvements have been restored by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, Premises to Building Standard and the restoration of Tenant's ’s furniture and equipment. Landlord shall, subject to the last sentence of this Paragraph, provide Tenant with an allowance (the “Reconstruction Allowance”) to pay for reconstruction of the Premises to Building Standard, such Reconstruction Allowance to be in a dollar amount equal to the actual original cost to Landlord of providing the Allowance Items provided by Landlord pursuant to the Work Letter. Except for reconstruction of the Shell improvements by Landlord and the Reconstruction Allowance, all cost and expense of reconstructing the Premises to Building Standard shall be borne by Tenant. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, invitees the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the entire cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by Landlord’s insurance proceeds.

Casualty Damage. If During the Term hereof, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such fire or other casualty), (i) or in the event if such damage cannot be repaired within ninety (90) days thereafter, as reasonably determined by Landlord, (ii) if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss to the Building(iii) if such damage is not covered by insurance carried by Landlord, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety sixty (9060) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair the Premises and/or the Building, Landlord shall within sixty (60) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation Landlord shall not be required to restore rebuild, repair or replace any part of Tenant’s furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease, but such work shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building Building. Tenant shall not be entitled to any compensation or damages from Landlord, and installing the Tenant ImprovementsLandlord shall not be liable, nor shall Landlord be required to spend for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseBuilding, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for ’s personal property, or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a square footage basis during the time and to the extent the Premises are unfit or unavailable for occupancy. If the Premises or any other portion of the Building or the Project be are damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds; provided, however, that Landlord’s property insurance on the Project shall be for no less than the full replacement value thereof, including, but not limited to, the Tenant Improvements, with no co-insurance liability and with the insurer waiving subrogation as against Tenant. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises or Building, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Premises; provided that Tenant may, by written notice to Landlord, terminate this Lease if and when the Premises and access to the Premises have not been fully restored within sixty (60) days after any damage by fire or other casualty. Except as otherwise provided in this Section 22, Tenant hereby waives the provisions of Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code.

Casualty Damage. If if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such casualty) or in the event any mortgagee of the Building should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's ’s obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's ’s expense in originally constructing the Building and installing the Tenant Improvementsimprovements, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's ’s expense have been restored by Landlord, Tenant shall, at Tenant's ’s expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's ’s expense, and the restoration of Tenant's ’s furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's ’s agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. (a) If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such casualty) or in the event there is less than one (1) year of the Lease Term remaining or in the event any mortgagee of the Building Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease EFFECTIVE THE DATE OF THE DAMAGE BY CASUALTY, by notifying Tenant in writing of such termination within ninety THIRTY (9030) days after the date of such damagecasualty. If Landlord does not thus elect to terminate this Lease, and the Lease is not terminated pursuant to subparagraph (c) below, Landlord shall commence and proceed with reasonable diligence to restore the Building, and the improvements located within the Premises to Building to substantially the same Standard condition in which it was immediately prior to the happening of the casualty, (except that Landlord shall not be responsible for delays not within the control of Landlord). Notwithstanding the foregoing, Landlord's obligation to restore the Building, and the improvements located within the Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of repairs described in the Premises originally furnished at Landlord's expense preceding two sentences have been restored completed by Landlord, Tenant shall, at Tenant's expense, shall complete the restoration of the Premisesall improvements, including trade fixtures and equipment, which are necessary to permit Tenant's re-occupancy of the reconstruction Premises TO THE EXTENT OF INSURANCE PROCEEDS ACTUALLY RECEIVED BY TENANT. Except as set forth above, all cost and expense of all improvements in excess of those Tenant Improvements originally installed at Landlord's expensereconstructing the Premises shall be paid by Tenant, and the restoration Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance ability to Tenant or injury pay such costs prior to the business Landlord's commencement of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsPremises.

Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case If Landlord determines, in Landlord's good faith business judgment, that the damage by fire or other casualty precludes occupancy of any substantial part of the Premises, or if the Building shall be is so damaged that in Landlord's judgment, substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be is required (whether or not the Premises shall have been damaged by such the casualty) ), or in the event if any mortgagee of the Building should require that Property requires application of the insurance proceeds payable as a result of a casualty be applied to the payment reduction of the mortgage debt debt, or in the event of if any material uninsured loss to occurs, or if such casualty occurs during the Buildinglast two years of the Lease Term, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) 60 days after the date of such damagethe casualty. If Landlord does not thus elect to terminate this Lease, it shall, within 60 days after the date of the casualty, notify Tenant of that decision and of the estimated repair time. If the damage reasonably precludes occupancy of any substantial part of the Premises and if the estimated repair time to restore that part of the Premises to a condition that reasonably permits occupancy will extend beyond one year after the date of the casualty, Tenant may elect to terminate this Lease by so notifying Landlord within 10 days after receipt of notice of Landlord's decision not to terminate this Lease. If Landlord elects not to terminate this Lease (or if Landlord is not entitled to terminate this Lease if Tenant has the option under the preceding sentence), Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same its former condition in which it was immediately prior to the happening of the casualtyas soon as reasonably possible. Landlord shall not, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvementshowever, nor shall Landlord be required to restore any part of the Building in excess of the Building Standard Improvements unless the proceeds of Tenant's fire and extended coverage insurance are made available to Landlord for that purpose, or to spend for such work an any amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When Provided the portions fire or other casualty was not caused to any extent by the act or omission of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expense, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage its employees, agents or the repair thereof, except that, subject to the provisions of the next sentencecontractors, Landlord shall allow Tenant a fair diminution reduction of rent during the time and to the extent the Premises are unfit for occupancy. If the Premises or any other portion of the Building or the Project be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall not be diminished during the repair of such damage and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds.

Casualty Damage. A. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that in Landlord's reasonable judgment, substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have has been damaged by such casualty) or in the event any mortgagee Landlord will not be permitted by applicable law to rebuild the Building in substantially the same form as existed prior to the fire or casualty or in the event the Premises has been materially damaged and there is less than two (2) years of the Building Lease Term remaining on the date of such casualty or in the event any Mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety sixty (9060) days after the date of such damagecasualty. Such termination shall be effective as of the date of fire or casualty, with respect to any portion of the Premises that was rendered untenantable. and the effective date of termination specified in Landlord's notice, with respect to any portion of the Premises that remained tenantable. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building building (provided that Landlord shall not be required to restore any unleased premises in the Building) and the Leasehold Improvements (but excluding any improvements, alterations or additions made by Tenant in violation of this Lease) located within the Premises, if any, which Landlord has insured or was obligated to insure to substantially the same condition they were in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, except that Landlord's obligation to restore the Building, and the Leasehold Improvements, if any, shall not exceed the scope of the work required require Landlord to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend expend for such repair and restoration work an amount in excess of more than the insurance proceeds actually received by the Landlord as a result of the casualty. When the portions of the Premises originally furnished at Landlord's expense casualty (or which would have been restored by Landlord, Tenant shall, at Tenant's expense, received had Landlord insured the Property as required herein): provided that if Landlord does not have sufficient proceeds to substantially complete the restoration of the Leasehold Improvements in the Premises and Landlord elects not to fund any shortfall, Landlord shall so notify Tenant and Tenant, within tan (10) days thereafter, shall have the right to terminate this Lease by the giving of written notice to Landlord. When repairs to the Premises have been completed by Landlord, Tenant shall complete the restoration or replacement of all Tenant's Property necessary to permit Tenant's reoccupancy of the Premises, including the reconstruction of all improvements in excess of those and Tenant Improvements originally installed at Landlord's expense, and the restoration shall present Landlord with evidence satisfactory to Landlord of Tenant's furniture ability to pay such costs prior to Landlord's commencement of repair and equipmentrestoration of the Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent on a per them basis during the time and to the extent any damage to the Premises are unfit for occupancycauses the Premises to be rendered untenantable and not used by Tenant. If the Premises Promises or any other portion of the Building or the Project be is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, or inviteesTenant Related Parties, the rent Rent hereunder shall not be diminished during any period during which the repair Premises, or any portion thereof, is untenantable (except to the extent Landlord is entitled to be reimbursed by the proceeds of such damage any rental interruption insurance), and Tenant shall be liable to Landlord for the cost of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceeds. Landlord and Tenant hereby waive the provisions of any law from time to time in effect during the Lease Term relating to the effect upon leases of partial or total destruction of leased property. Landlord and Tenant agree that their respective rights in the event of any damage to or destruction of the Premises shall be those specifically set forth herein.

Casualty Damage. If (a) During the Term hereof, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, shall be required (whether or not the Premises shall have been damaged by such fire or other casualty), (i) or in the event if such damage cannot be repaired within two hundred seventy (270) days thereafter, as reasonably determined by Landlord, (ii) if any mortgagee under a mortgage or deed of trust covering the Building should require requires that the insurance proceeds payable as a result of a said fire or other casualty be applied used to the payment of the retire or reduce such mortgage debt debt, or in the event of any material uninsured loss (iii) if such damage is not covered by insurance carried by Landlord or required to the Buildingbe carried by Landlord under this Lease, Landlord may, at its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within ninety fifty (9050) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect elects to terminate this Leaserepair the Premises and/or the Building, Landlord shall within sixty (60) days after the date of such damage commence to repair and restore the Building and shall proceed with reasonable diligence to restore the Building (except that Landlord shall not be responsible for delays outside its control) to substantially the same condition in which it was immediately prior to the happening of the casualty, except that Landlord's obligation to restore Landlord shall not exceed the scope of the work required to be done by Landlord at Landlord's expense in originally constructing the Building and installing the Tenant Improvements, nor shall Landlord be required to spend rebuild, repair or replace any part of Tenant’s furniture and furnishings or fixtures and equipment removable by Tenant under the provisions of this Lease. Tenant shall not be entitled to any compensation or damages from Landlord, and Landlord shall not be liable, for such work an amount in excess any loss of the insurance proceeds actually received by Landlord as a result use of the casualty. When the portions of the Premises originally furnished at Landlord's expense have been restored by Landlord, Tenant shall, at Tenant's expense, complete the restoration whole or any part of the Premises, including the reconstruction of all improvements in excess of those Tenant Improvements originally installed at Landlord's expenseBuilding, and the restoration of Tenant's furniture and equipment. Landlord shall not be liable for ’s personal property, or any inconvenience or annoyance to Tenant occasioned by such loss of use, damage, repair, reconstruction or injury to the business of Tenant resulting in any way from such damage or the repair thereofrestoration, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of rent Rent during the time and to the extent the Premises are unfit or unavailable for occupancy. If Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. Tenant hereby specifically waives any and all rights it may have under any law, statute, ordinance or regulation to terminate the Lease by reason of casualty or damage to the Premises or any other portion Building, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon destruction of the Building or Premises. Except as otherwise provided in this Section 22, Tenant hereby waives the Project be damaged by fire or other casualty resulting from the fault or negligence provisions of Tenant or any of Tenant's agentsSections 1932(2), employees1933(4), or invitees, the rent hereunder shall not be diminished during the repair of such damage 1941 and Tenant shall be liable to Landlord for the cost 1942 of the repair and restoration of the Building or the Project caused thereby to the extent such cost and expense is not covered by insurance proceedsCalifornia Civil Code.