Common use of Damage and Repair Clause in Contracts

Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and this Lease shall not terminate. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are damaged. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to its previous condition. If Landlord fails to notify Tenant of its election to restore the Premises, or if Landlord is unable to restore the Premises within nine (9) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises under this Section 15.1, Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or on Tenant’s furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s negligence.

Damage and Repair. If the Premises or the portion of the Property necessary for Tenant's occupancy are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and the portion of the Property necessary for Tenant's occupancy and this Lease shall not terminate; provided, however, Tenant may terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event. The Premises or the portion of the Property necessary for Tenant's occupancy shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are each of those areas is damaged. Notwithstanding the foregoing, Landlord shall have no obligation to restore the Premises or the portion of the Property necessary for Tenant's occupancy if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premisesrestoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises Premises, the portion of the Property necessary for Tenant's occupancy, or 50% or more of the rentable area of the Property are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises and the portion of the Property necessary for Tenant's occupancy to its their previous condition; provided, however, if such casualty event occurs during the last 6 months of the Lease term (after considering any option to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. If If, within 60 days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the portion of the Property necessary for Tenant's occupancy untenantable, Landlord fails to notify Tenant of its election to restore the Premisesthose areas, or if Landlord is unable to restore the Premises those areas within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises or the Property under this Section 15.116(a), Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s 's officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the PremisesPremises or the Property. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit C or on Tenant’s 's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s 's negligence.

Damage and Repair. If the Premises or Building are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and this Lease shall not terminate. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are damaged. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises are entirely destroyed, or partially damaged and rendered untenantable, untenable by fire or other casualty, either wholly or in part, Landlord may, at its option: , either (a) terminate this Lease as provided hereinLease, or (b) restore repair the damages. If the Premises to its previous condition. If Landlord fails to notify Tenant of its election to restore are damaged, the Premises, or if Landlord is unable to restore the Premises within nine (9) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises under this Section 15.1, Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent shall be abated in the same proportion as the untenantable untenable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if thereof during the period of the damage or destruction of unless the Premises did not result from, or was not contributed to damage directly or indirectly by the actresults from, fault any act or neglect omission of Tenant, or Tenant’s its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No damagesIf, compensation within ninety (90) days after Xxxxxxxx’s receipt of Tenant’s written notice that Tenant deems the Premises wholly or claim partially untenable, Landlord fails to notify Tenant of its election to restore the Premises, then Tenant may, at its option, terminate the Lease subject to the provisions set forth below. Tenant, in order to so terminate, must provide written notice to Landlord by certified mail of its intention to terminate within thirty (30) days after the expiration of said ninety (90) day period. If Tenant gives notice of its intention to terminate the Lease as provided above, the Lease shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion terminate thirty (30) days after Xxxxxxxx's receipt of the notice unless within said thirty (30) day period Xxxxxx receives notice of Xxxxxxxx's election to restore. If Landlord elects to restore the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or on Tenant’s furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated proceed with reasonable diligence to repair any damage thereto or replace restore the same unless the damage is caused by Landlord’s negligencePremises.

Damage and Repair. If the Premises or the portion of the Property necessary for Tenant's occupancy are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and the portion of the Property necessary for Tenant's occupancy and this Lease shall not terminate; provided, however, Tenant may terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event. The Premises or the portion of the Property necessary for Tenant's occupancy shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises each of those areas are damaged. Notwithstanding the foregoing, Landlord shall have no obligation to restore the Premises or the portion of the Property necessary for Tenant's occupancy if insurance proceeds are not available to pay the entire cost costs of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost costs of restoring the Premisesrestoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises Premises, the portion of the Property necessary for Tenant's occupancy, or 50% or more of the rentable area of the Property are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises and the portion of the Property necessary for Tenant's occupancy to its their previous condition; provided, however, if such casualty event occurs during the last six (6) months of the Lease term (after considering any option to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. If If, within sixty (60) days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the portion of the Property necessary for Tenant's occupancy untenantable, Landlord fails to notify Tenant of its election to restore the Premisesthose areas, or if Landlord is unable to restore the Premises those areas within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises or the Property under this Section 15.115(a), Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s 's officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or LEASE AGREEMENT (CONTINUED) consequentially arising from any repair or restoration of any portion of the PremisesPremises or the Property. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit C or on Tenant’s 's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s landlord's negligence.

Damage and Repair. If the Premises or the Building are partially damaged but not rendered untenantable, by fire or other insured casualtycasualty (a "Casualty"), Landlord shall use good faith efforts to deliver to Tenant within sixty (60) days after such Casualty a good faith estimate (the "Damage Notice") of the time needed to repair the damage caused by such Casualty. If a material portion of the Premises is damaged by Casualty that did not result from the act or omission of Tenant such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within one hundred eighty (180) days after the commencement of repairs (the "Repair Period"), then Tenant may terminate this Lease by delivering written notice to Landlord shall diligently restore of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant. If a Casualty damages the Premises and this Lease shall not terminate. The or a material portion of the Building and: (1) Landlord estimates that the damage to the Premises shall cannot be deemed untenantable if less than twenty-five repaired within the Repair Period; (2) the damage to the Premises exceeds thirty percent (2530%) of the Premises are damaged. Landlord shall have no obligation to restore the Premises if replacement cost thereof (excluding foundations and footings), as estimated by Landlord; (3) or insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but or are not sufficient to pay the entire cost of restoring restoration; or (4) Landlord is required to pay any insurance proceeds arising out of the PremisesCasualty to a Landlord's mortgagee, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to its previous condition. If Landlord fails to notify Tenant giving written notice of its election to restore terminate within thirty (30) days after the PremisesDamage Notice has been delivered to Tenant. If the Lease is not terminated, or if Landlord is unable to shall restore the Premises within nine (9) months to the extent of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises under this Section 15.1, Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent shall be abated in the same proportion as the untenantable portion improvement of the Premises bears originally provided by Landlord hereunder) with reasonable promptness, subject to delays beyond Landlord's control and delays in the whole Premises, provided making of insurance adjustments by Landlord. To the extent that there shall be a rent abatement only if the damage or destruction of the Premises did not result fromare rendered untenantable, the Rent shall proportionately xxxxx, except in the event such damage resulted from the act or was not contributed to directly or indirectly by the act, fault or neglect omission of Tenant, or Tenant’s officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No damages, compensation or claim in which event Rent shall be payable by xxxxx only to the extent Landlord receives proceeds from any rental income insurance policy to compensate Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or on Tenant’s furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s negligenceRent hereunder.

Damage and Repair. If the Premises or the portion of the Building or the Property necessary for Tenant's occupancy are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and the portion of the Property necessary for Tenant's occupancy to the extent required below and this Lease shall not terminate. Tenant may, however, terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event by giving twenty (20) days written notice of termination. The Premises or the portion of the Building or the Property necessary for Tenant's occupancy shall not be deemed untenantable if less than twenty-five percent (25%) or less of the Premises each of those areas are damaged. Landlord shall have no obligation to restore the Premises if If insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but or are not sufficient to pay the entire cost of restoring the Premises, or if Landlord's lender does not permit all or any part of the insurance proceeds to be applied toward restoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises Premises, the portion of the Building or the Property necessary for Tenant's occupancy, or fifty percent (50%) or more of the rentable area of the Property are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises and the portion of the Property necessary for Tenant's occupancy to its their previous conditioncondition to the extent required below; provided, however, if such casualty event occurs during the last six (6) months of the Lease term (after considering any option to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. If If, within sixty (60) days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the portion of the Property necessary for Tenant's occupancy untenantable, Landlord fails to notify Tenant of its election to restore the Premisesthose areas, or if Landlord is unable to restore the Premises those areas within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the LeaseLease upon twenty (20) days' notice to Landlord unless Landlord, within such twenty (20) day period, notifies Tenant that it will in fact restore the Premises or actually completes such restoration work to the extent required below, as applicable. If Landlord restores the Premises or the Property under this Section 15.1Section, Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent Rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s 's employees, officers, contractors, licensees, agents, servants, employeescontractors, customers, clients, visitors, guests, invitees or visitorsother licensees or invitees. No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the PremisesPremises or the Property. Landlord will not shall have no obligation to carry insurance of any kind for the protection of Tenant Tenant; any alterations or on improvements paid for by Tenant’s furniture ; any Tenant's Work identified in Exhibit C (regardless of who may have completed them); Tenant's furniture; or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord Landlord's restoration obligations hereunder shall not be obligated include any obligation to repair any damage thereto or replace the same unless the damage is caused by Landlord’s negligencesame.

Damage and Repair. If the Premises or the portion of the Building or the Property necessary for Tenant’s occupancy are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and the portion of the Property necessary for Tenant’s occupancy to the extent required below and this Lease shall not terminate. Tenant may, however, terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event by giving twenty (20) days written notice of termination. The Premises or the portion of the Building or the Property necessary for Tenant’s occupancy shall not be deemed untenantable if less than twenty-five percent (25%) or less of the Premises each of those areas are damaged. Landlord shall have no obligation to restore the Premises if If insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but or are not sufficient to pay the entire cost of restoring the Premises, or if Landlord’s lender does not permit all or any part of the insurance proceeds to be applied toward restoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises Premises, the portion of the Building or the Property necessary for Tenant’s occupancy, or fifty percent (50%) or more of the rentable area of the Property are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises and the portion of the Property necessary for Tenant’s occupancy to its their previous conditioncondition to the extent required below; provided, however, if such casualty event occurs during the last six (6) months of the Lease term (after considering any option to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. If If, within sixty (60) days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the portion of the Property necessary for Tenant’s occupancy untenantable, Landlord fails to notify Tenant of its election to restore the Premisesthose areas, or if Landlord is unable to restore the Premises those areas within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the LeaseLease upon twenty (20) days’ notice to Landlord unless Landlord, within such twenty (20) day period, notifies Tenant that it will in fact restore the Premises or actually completes such restoration work to the extent required below, as applicable. If Landlord restores the Premises or the Property under this Section 15.1Section, Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent Rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s employees, officers, contractors, licensees, agents, servants, employeescontractors, customers, clients, visitors, guests, invitees or visitorsother licensees or invitees. No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the PremisesPremises or the Property. Landlord will not shall have no obligation to carry insurance of any kind for the protection of Tenant Tenant; any alterations or on improvements paid for by Tenant; any Tenant’s furniture Work identified in Exhibit C (regardless of who may have completed them); Tenant’s furniture; or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord Landlord’s restoration obligations hereunder shall not be obligated include any obligation to repair any damage thereto or replace the same unless the damage is caused by Landlord’s negligencesame.

Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and this Lease shall not terminate. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are damaged. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. LANDLORD MAY, HOWEVER, CARRY "FULL REPLACEMENT COST" INSURANCE. If the Premises are entirely destroyed, or partially damaged and rendered TOTALLY untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to its their previous condition. If If, within 60 days after receipt by Landlord from Tenant of written notice that Tenant REASONABLY deems the Premises untenantable, Landlord fails to notify Tenant of its election to restore the Premises, or if Landlord is unable to restore the Premises within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises under this Section 15.114(a), Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent base monthly rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or THE neglect of Tenant, or Tenant’s 's officers, contractors, licensees, agents, servants, employees, guests, invitees or visitorsOR invitees. No Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit B or on Tenant’s 's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s 's negligence.

Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and this Lease shall not terminate. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are damaged. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. LANDLORD WILL, HOWEVER, CARRY "FULL REPLACEMENT COST" INSURANCE. If the Premises are entirely destroyed, or partially damaged and rendered TOTALLY untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to its their previous condition. If If, within 60 days after receipt by Landlord from Tenant of written notice that Tenant REASONABLY deems the Premises untenantable, Landlord fails to notify Tenant of its election to restore the Premises, or if Landlord is unable to restore the Premises within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises under this Section 15.114(a), Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent base monthly rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s 's officers, contractors, licensees, agents, servants, employees, guests, invitees or visitorsOR invitees. No Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit B or on Tenant’s 's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s 's negligence.. LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED)

Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord Sublandlord shall diligently restore the Premises and this Lease Sublease shall not terminate. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are damaged. Landlord Sublandlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord Sublandlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord Sublandlord may elect to terminate this Lease Sublease and keep the insurance proceeds, by notifying Tenant Subtenant within sixty (60) days of the date of such casualty. If the Premises are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord Sublandlord may, at its option: (a) terminate this Lease Sublease as provided herein, or (b) restore the Premises to its previous condition. If Landlord If, within sixty (60) days after receipt by Sublandlord from Subtenant of written notice that Subtenant deems the Premises untenantable, Sublandlord fails to notify Tenant Subtenant of its election to restore the Premises, or if Landlord Sublandlord is unable to restore the Premises within nine (9) months of the date of the casualty event, then Tenant Subtenant may elect to terminate the LeaseSublease. If Landlord Sublandlord restores the Premises under this Section 15.1, Landlord Sublandlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or Multi-Tenant Lease Triple Net Page 16 [***] Indicates portions of this exhibit that have been omitted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of TenantSubtenant, or TenantSubtenant’s officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No damages, compensation or claim shall be payable by Landlord Sublandlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. Landlord Sublandlord will not carry insurance of any kind for the protection of Tenant Subtenant or on TenantSubtenant’s furniture or on any fixtures, equipment, improvements or appurtenances of Tenant Subtenant under this LeaseSublease, and Landlord Sublandlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by LandlordSublandlord’s negligence.

Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and the portion of the Property necessary for Tenant's occupancy and this Lease shall not terminate; provided, however, Tenant may terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises each of those areas are damaged. Notwithstanding the foregoing, Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premisesrestoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to its their previous condition; provided, however, if such casualty event occurs during the last 6 months of the Lease term then either Tenant or Landlord may elect to terminate the Lease. If If, within 60 days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the portion of the Property necessary for Tenant's occupancy untenantable, Landlord fails to notify Tenant of its election to restore the Premisesthose areas, or if Landlord is unable to restore the Premises those areas within nine six (96) months of the date of the casualty event, then Tenant may may- elect to terminate the Lease. If Landlord restores the Premises under this Section 15.1, Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent base rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s 's officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the PremisesPremises or the Property. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or on Tenant’s 's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s 's negligence.

Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises to the extent required below and this Lease shall not terminate. Tenant may, however, terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event by giving twenty (20) days notice of termination. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) or less of the Premises are damaged. Landlord shall have no obligation to restore the Premises if If insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but availableor are not sufficient to pay the entire cost of restoring the Premises, or if Xxxxxxxx's lender does not permit all or any part of the insurance proceeds to be applied toward restoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If fifty (50) percent or more of the rentable area of the Premises are entirely destroyed, destroyed or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to its their previous conditioncondition to the extent required below; provided, however, if such casualty event occurs during the last six (6) months of the Lease term (after considering any option to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. If If, within sixty (60) days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises untenantable, Landlord fails to notify Tenant of its election to restore the Premises, or if Landlord is unable to restore the Premises within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Lease upon twenty (20) days' written notice to Landlord restores the Premises under this Section 15.1unless Landlord, Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or on Tenant’s furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s negligence.within such twenty

Damage and Repair. If the Premises are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and this Lease shall not terminate. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are damaged. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to its their previous condition. If If, within 60 days after receipt by Landlord from Tenant of written notice that Tenant deems the Premises untenantable, Landlord fails to notify Tenant of its election to restore the Premises, or if Landlord is unable to restore the Premises within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises under this Section 15.114(a), Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base Rent base monthly rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s 's officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit B or on Tenant’s 's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s 's negligence.

Damage and Repair. If the Premises or the portion of the Property necessary for Tenant’s occupancy are partially damaged but not rendered untenantable, by fire or other insured casualty, then Landlord shall diligently restore the Premises and the portion of the Property necessary for Tenant’s occupancy and this Lease shall not terminate; provided, however, Tenant may terminate the Lease if Landlord is unable to restore the Premises within six (6) months of the casualty event. The Premises or the portion of the Property necessary for Tenant’s occupancy shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are usable square footage area is damaged. Notwithstanding the foregoing, Landlord shall have no obligation to restore the Premises or the portion of the Property necessary for Tenant’s occupancy if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premisesrestoration, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualty. If the Premises Premises, the portion of the Property necessary for Tenant’s occupancy, or 50% or more of the rentable area of the Property are entirely destroyed, or partially damaged and rendered untenantable, by fire or other casualty, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises and the portion of the Property necessary for Tenant’s occupancy to its their previous condition; provided, however, if such casualty event occurs during the last 6 months of the Lease term (after considering any option to extend the term timely exercised by Tenant) then either Tenant or Landlord may elect to terminate the Lease. If If, within thirty days (30) after receipt by Landlord from Tenant of written notice that Tenant deems the Premises or the portion of the Property necessary for Tenant’s occupancy untenantable, Landlord fails to notify Tenant of its election to restore the Premisesthose areas, or if Landlord is unable to restore the Premises those areas within nine six (96) months of the date of the casualty event, then Tenant may elect to terminate the Lease. If Landlord restores the Premises or the Property under this Section 15.116(a), Landlord shall proceed with reasonable diligence to complete the work, and the Monthly Base base Rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole leased Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises or the Property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant’s officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors. No Provided, Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the PremisesPremises or the Property. Landlord will not carry insurance of any kind for the protection of Tenant or on Tenant’s furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s negligence.

Damage and Repair. If Landlord or Tenant terminate the Premises are partially damaged but not rendered untenantableMaster Lease based on casualty to the property in accordance with the Master Lease, by fire or other insured casualty, then Landlord this Sublease shall diligently restore terminate on the Premises and this Lease shall not terminate. The Premises shall not be deemed untenantable if less than twenty-five percent (25%) of the Premises are damaged. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, then Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within sixty (60) days of the date of such casualtysame date. If the Subleased Premises or the portion of the property necessary for Subtenant's occupancy are entirely destroyeddamaged, destroyed or partially damaged and rendered untenantable, by fire or other casualty, Landlord Tenant may, at its option: (a) terminate this Lease as provided hereinSublease, or (b) restore (or cause Tenant to restore) the Subleased Premises and the portion of the property necessary for Subtenant's occupancy to its their previous condition. If Landlord Provided, however, if such casualty event occurs during the last six (6) months of the Sublease term (after considering any option to extend the term timely exercised by Subtenant) then either Subtenant or Tenant may elect to terminate this Sublease. If, within sixty (60) days after receipt by Tenant from Subtenant of written notice that Subtenant deems the Subleased Premises or the portion of the property necessary for Tenant's occupancy untenantable, Tenant fails to notify Tenant Subtenant of its election to restore the Premisesthose areas, or if Landlord Tenant is unable to restore the Premises those areas within nine six (96) months of the date of the casualty event, then Tenant Subtenant may elect to terminate the Leasethis Sublease. If Landlord Tenant restores the Subleased Premises or the property under this Section 15.1Section, Landlord Tenant shall proceed with reasonable diligence to complete the work, and the Monthly Base base Rent shall be abated in the same proportion as the untenantable portion of the Subleased Premises bears to the whole Subleased Premises, provided that there shall be a rent abatement only if the damage or destruction of the Subleased Premises or the property did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of TenantSubtenant, or Tenant’s Subtenant's employees, officers, contractors, licensees, agents, servants, employeescontractors, customers, clients, visitors, guests, invitees or visitorsother licensees or invitees. No Provided, if Tenant complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord Tenant for inconvenience, loss of business or annoyance directly, incidentally or consequentially arising from any repair or restoration of any portion of the PremisesSubleased Premises or the property. Landlord will not COMMERCIAL SUBLEASE COMMERCIAL AGREEMENT (Continued) Tenant shall have no obligation to carry insurance of any kind for the protection of Tenant Subtenant or on Tenant’s furniture any alterations or improvements paid for by Subtenant; any Subtenant's Work identified in Exhibit 4 (regardless of who may have contemplated them); Subtenant's furniture; or on any fixtures, equipment, improvements or appurtenances of Tenant Subtenant under this Lease, and Landlord Tenant shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord’s Tenant's negligence.