Common use of DAMAGE BY FIRE OR OTHER CAUSE Clause in Contracts

DAMAGE BY FIRE OR OTHER CAUSE. 17.01. If the Leased Property shall be damaged by fire or other cause, Tenant shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations at the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of Landlord, or for delays on account of Force Majeure. Upon termination of this Lease in accordance with this Section 17.01, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such date.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01Section 10.01. If the Leased Property Demised Premises shall be damaged by fire or other causecasualty, Tenant shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations shall be repaired by and at the Building, expense of Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, minimum rent and additional rent pursuant to the extent provisions of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of Article 22 until such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant repairs shall be solely responsible for the cost (or the balance of the costmade, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues apportioned according to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of the Demised Premises which is usable and accessable by Tenant. Landlord shall have no responsibility to repair any damage to Tenant's work (as referred to in Section 5.01), Fixed Rent and Additional Rent shall commence on the date same being the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercisedresponsibility of Tenant. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of by Landlord, unavoidable delays (as hereinafter defined), or for delays on account any other cause beyond Landlord's reasonable control. Tenant shall give notice to Landlord promptly upon learning thereof in case of Force Majeurefire or other damage to the Demised Premises. Upon termination If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially unusable by fire or any such other casualty, or if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it (whether or not the Demised Premises shall have been damaged), Landlord at its election may terminate this Lease by written notice to Tenant, within ninety (90) days after such fire or other casualty, and thereupon the term of this Lease shall expire by lapse of time upon the third (3rd) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord. However, if more than twenty-five (25%) percent of the rentable square feet of the Demised Premises shall be damaged during the last year of the term hereof, either Landlord or Tenant, at its election, may terminate this Lease by written notice to the other within sixty (60) days after such fire or other casualty, and thereupon the term of this Lease shall expire upon the third (3/rd/) day after such notice is given and Tenant shall vacate and surrender the Demised Premises to Landlord. Tenant shall not be liable under this Lease for anything accruing after the date of such expiration. Notwithstanding the foregoing, if Landlord does not substantially complete such repairs within six (6) months from the date of such casualty (as such period may be extended pursuant to Article 34), then Tenant may elect to terminate this Lease by notice to Landlord within ten (10) days following the expiration of such time period, and thereupon the term of this Lease shall expire on the thirtieth (30/th/) day after such notice is given and Tenant shall vacate and surrender the Demised Premises to Landlord, unless within such thirty (30) day period, Landlord substantially completes such repairs, in accordance with which event this Lease shall remain in full force and effect. Tenant hereby waives the provisions of Section 17.01227 of the Real Property Law, Tenant's liability for rent and the provisions of this Article shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such dategovern and control in lieu thereof.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01. If the Leased Property Premises shall be partially damaged by fire or other cause, Tenant shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations at shall be repaired by the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, Lessor to the extent of and subject to receipt of insurance proceeds from Landlord's insurer received by the Lessor. If all or substantially all of the Leased Premises becomes unfit for occupancy and use as a result of fire or other cause, the Lessor may elect (plus an amount equal a) to terminate this Lease as of the time when the Leased Premises are made unfit for occupancy and use by giving written notice to the amount of any applicable deductibleLessee within fifteen (15) sufficient to pay the cost of such repair and restoration, it being agreed days after that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restoredate, or (b) to repair, restore or rehabilitate the Leased Premises to the extent of insurance proceeds received by the Lessor within one hundred eighty (180) days after the Lessor is able to take possession of the Leased Premises and undertake reconstruction or repairs, in which latter event this Lease shall not terminate but the Rent shall be abated on a per diem basis while the Leased Premises are unfit for occupancy and use. If the Lessor elects to restore, repair or rehabilitate the Leased Premises and does not substantially complete the work within said one hundred eighty (180) day period, either party shall have the right to terminate this Lease as of the time when the Leased Premises became unfit for occupancy and use by written notice to Tenant sent the other party not later than 60 then ten (10) days following after the expiration of said period. In the event of such fire or other casualtytermination of this Lease, in which event the Term shall expire upon Lessee’s liability for the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion cease as of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but Premises were made unfit for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of Landlord, or for delays on account of Force Majeure. Upon termination of this Lease in accordance with this Section 17.01, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such dateoccupancy and use.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01. Section 10.01 If the Leased Property Premises are partially damaged or rendered partially untenantable by fire or other cause without the fault or neglect of Tenant, Rent shall be apportioned according to the part of the Premises which is usable by Tenant for its normal business operations until the Premises are repaired and restored by Landlord to its condition as existed at the time of completion of the Punchlist items following the Commencement Date in accordance with Section 10.04. Section 10.02 If the Premises are totally or substantially damaged or are rendered wholly or substantially untenantable (by reason of damage to the Premises and/or the Building) by fire or other cause, Tenant then Rent shall promptly notify Landlord thereof. If be paid up to the damage is time of occurrence of such an extent condition and Tenant's obligation to pay Rent thenceforth shall cease until the Premises and, if affected, access thereto, are repaired and restored by Landlord to its condition as to interfere materially with Tenant' s ability to conduct its operations existed at the Buildingtime of completion of the Punchlist items following the Commencement Date, Landlord shallsubject to the provision of Section 10.04. Section 10.03 If, at Tenant's option as determined any time during the Term, the Premises are damaged or are rendered wholly or substantially untenantable (by Tenant reason of damage to the Premises and/or the Building) by written notice to Landlord given not more than 60 days following such fire or other cause and Landlord decides not to restore the same or if the Building shall be so damaged (whether or not the Premises have been damaged) that Landlord and its engineers or contractors do not expect to be able to repair/restore the Building and/or the Premises within two hundred seventy (270) days of the date of the casualty, then either Landlord or Tenant may elect to terminate this Lease within thirty (a30) repair and restore any damaged portions days of Tenant's receipt of written notice from Landlord of such determination. Landlord shall provide such determination within thirty (30) days following the date of the Leased Property casualty and in the event that Landlord fails to a condition suitable for Tenant's use, as promptly as reasonably practicable, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficientdo so, Tenant shall have the right to obtain the same from an independent engineer or contractor; any such determination from an engineer or contractor obtained by Tenant shall be solely responsible for subject to Landlord's reasonable approval. Moreover, in the cost event that Landlord shall decide to demolish or not to rebuild the Premises, and Landlord is terminating all leases in the Building at the same time, then Landlord may, within ninety (or 90) days after the balance occurrence of such condition, give Tenant a notice in writing of such decision. In addition, if Landlord has elected to restore the costdamage, as the case may be) and Tenant either didn't have a right to so repair and restore, or (b) terminate this Lease by written notice pursuant to Tenant sent this Section 10.03 or had a right to terminate this Lease pursuant to this Section 10.03 but did not later than 60 days following exercise such fire or other casualtyright, in which event the Term shall expire upon the thirtieth day following such notice and then Tenant shall vacate the Leased Property and surrender the same have a further right to Landlord on or before the date terminate this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for if the portion of damage to the Leased Property which Premises or access thereto is not usable by Tenant in the ordinary conduct substantially restored within a period of its business time, from the date of such damage Landlord's estimate of the restoration time, if the estimate was for less than two hundred seventy (270) days, or destruction until from the date on which that Tenant elected not to terminate this Lease, if the Leased Property become usable estimate was for two hundred seventy (270) days or more, equal to the time of the estimate, plus 25%. Upon the third day after the giving of such notice, this Lease shall terminate by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period lapse of time for that portion of as fully and completely as if such date were the Leased Property which Expiration Date hereunder. Tenant continues to occupy or has reoccupied. If there shall be any delay in then forthwith quit, surrender and vacate the process of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of Landlord, or for delays on account of Force Majeure. Upon termination of this Lease in accordance with this Section 17.01, Tenant's liability for rent shall cease, subjectPremises without prejudice, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such date.each of 13

DAMAGE BY FIRE OR OTHER CAUSE. 17.01. If the Leased Property shall be damaged by fire or other cause, Tenant shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s 's ability to conduct its operations at the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of Landlord, or for delays on account of Force Majeure. Upon termination of this Lease in accordance with this Section 17.01, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such date.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01Section 18.01. If the Leased Property shall Premises or the Building should be partially or totally damaged or destroyed by fire or other cause, Tenant then (if this Lease shall not have been canceled as provided in this Section 18.01 or Section 18.02), Landlord shall promptly notify make application to receive insurance proceeds and thereafter diligently repair the damage and restore, replace and rebuild the Building and Premises to the condition originally provided by Landlord. Landlord’s repair obligations with respect to the Premises shall be to restore the Premises to the condition it was in on the Commencement Date, including restoration of the Initial Alterations. Landlord thereofshall not be required to repair or replace at its expense any property that Tenant is required to insure pursuant to Section 15.03. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations at Premises shall be damaged or destroyed, the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, Base Rent payable hereunder shall be abated to the extent that the Premises shall have been rendered untenantable or unfit for Tenant’s use; provided, however, that should Tenant reoccupy a portion of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal the Premises that had been rendered untenantable or unfit for Tenant’s use prior to the amount date that Landlord has completed all its repair obligations, Base Rent shall be apportioned and payable by Tenant in proportion to (i) the part of the Premises occupied by it, and (ii) Tenant’s ability to use and enjoy such part of the Premises relative to use and enjoyment before such damage or destruction. Base Rent will not be abated for any applicable deductible) sufficient to pay damage caused by the cost willful misconduct of Tenant or any of its agents, employees or contractors. Nevertheless, in case of such repair and restorationtotal or substantial damage to or destruction of, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon or complete, or substantial untenantability of the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficientPremises, Tenant shall be solely responsible for the cost may, at its option, upon thirty (or the balance of the cost30) days notice to Landlord, as the case may be) to so repair and restore, or (b) terminate cancel this Lease by written notice to Tenant sent Landlord if either (i) Landlord has not later than 60 days following such fire or other casualty, in which event completed the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion making of the Leased Property which is not usable by Tenant in repairs and substantially restored, replaced and rebuilt the ordinary conduct of its business Premises to the extent required hereunder within twelve (12) months from the date of such damage or destruction, or (ii) it is reasonably determined by Landlord’s architect and Tenant’s architect (or, if such parties fail to reach an agreement, a mutually agreed to third-party architect) at the time of such destruction until that such repair and substantial restoration cannot be performed within twelve (12) months from the date on which of such damage or destruction. Provided that Landlord has maintained adequate insurance to cover the Leased Property become usable by Tenant for “replacement cost” of the ordinary conduct of its business. There Building and the Premises, Landlord’s obligations under this Section 18.01 to repair and replace the Premises shall be no abatement of Fixed Rent limited to the insurance proceeds received. If the damage to the Building should be so extensive that Landlord shall decide not to repair or Additional Rent for any period of time for that portion rebuild the Building, this Lease shall be terminated as of the Leased Property which date of such damage or destruction by written notice from Landlord to Tenant continues to occupy given within one hundred twenty (120) days after such damage or has reoccupied. If there destruction and Tenant shall be any delay in thereupon promptly vacate the process of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of Landlord, or for delays on account of Force Majeure. Upon termination of this Lease in accordance with this Section 17.01, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such datePremises.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01. SECTION 18.01 If the Leased Property shall Premises or the Building should be partially or totally damaged or destroyed by fire or other cause, Tenant then (if this Lease shall promptly notify Landlord thereofnot have been cancelled as provided in this Section or Section 18.02) to the extent Lessor recovers insurance proceeds, Lessor shall repair the damage, and restore, replace, and rebuild the Building and Premises, to the condition originally provided as Lessor's Work, with reasonable dispatch after notice to it of the damage or destruction. Due allowance shall be made for any delay resulting from labor strikes, acts of God or any other cause beyond Lessor's reasonable control. Lessor shall not be required to repair or replace any property which Lessee may be entitled to remove or which Lessor may be entitled to require Lessee to remove from the Premises. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations at Premises shall be partially damaged or partially destroyed, the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, Rent payable hereunder shall be abated to the extent of and subject to receipt of insurance proceeds from Landlordthat the Premises shall have been rendered untenantable or unfit for Lessee's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible use for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business period from the date of such damage or destruction until to the date on which that the Leased Property become usable by Tenant for the ordinary conduct of its business. There damage shall be no abatement repaired or restored. If the Premises or a major part thereof shall be totally, or substantially totally, damaged or destroyed or rendered completely or substantially untenantable because of Fixed fire or other cause, the Rent shall abate as of the date of the damage or Additional Rent for any period of time for destruction and until Lessor shxxx xepair, restore, replace and rebuild the Premises, provided, however, that should Lessee reoccupy a portion of the Leased Property which Tenant continues Premises while the restoration work is taking place and prior to occupy or has reoccupied. If there the date the Premises are made completely tenantable, Rent shall be any delay apportioned and payable by lessee in the process of restoration and repair due proportion to any act or omission on the part of Tenantthe Premises occupied by it. Nevertheless, Fixed Rent in case of such total or substantial damage to or destruction of, or complete, or substantial untenantability of the Premises, Lessee may, at its option, cancel this Lease by written notice to Lessor, if Lessor has not completed the making of the required repairs and Additional Rent shall commence on restored, replaced and rebuilt the Premises within eight (8) months from the date of such damage or destruction. In the Leased Property would have otherwise been completed but for such delayevent the damage to the Premises or the Building should be so extensive that Lessor shall decide not to repair or rebuild the Premises or the Building, as this Lease shall be determined terminated as of the date of such damage or destruction by Landlord in its judgment reasonably exercised. No penalty written notice from Lessor to Lessee, given within one hundred twenty (120) days of such damage or damage destruction and Lessee shall accrue for delays which may arise by reason of adjustment of insurance on thereupon promptly vacate the part of Landlord, or for delays on account of Force Majeure. Upon termination of this Lease in accordance with this Section 17.01, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such datePremises.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01. 17.1 If the Leased Property Demised Premises shall be partially damaged by fire or other causecause without the default or neglect of Tenant, Tenant Tenant’s servants, employees, agents, visitors or licensees, the damages shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations be repaired by and at the Building, expense of Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following and until such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant repairs shall be solely responsible for completed the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for apportioned according to the portion part of the Leased Property Demised Premises which is not usable by Tenant in Tenant. But if partial damage is due to the ordinary conduct fault or gross negligence of its business from Tenant, Tenant’s servants, employees, agents, visitors or licensees, without prejudice to any other rights and remedies of Landlord and without prejudice to the date rights of such damage or destruction until subrogation of Landlord’s insurer, the date on which the Leased Property become usable damages shall be repaired by Tenant for the ordinary conduct of its business. There Landlord but there shall be no apportionment or abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercisedrent. No penalty or damage shall accrue for delays reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord, or for delays reasonable delay on account of Force Majeure“labor troubles,” or for Acts of God, or any other cause beyond Landlord’s control, or any combination thereof. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable by fire or other cause, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the Demised Premises shall have been repaired and restored by Landlord, subject to Landlord’s right to elect not to restore the same as hereinafter provided. If the Demised Premises are rendered wholly unusable or (whether or not the Demised Premises are damaged in whole or in part) if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it or to substantially renovate it, then or in any of such events Landlord may, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, which notice shall be given as in Article 24 hereof provided, and thereupon the term of this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Demised Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions provided for in accordance with this Section 17.01the sentence immediately preceding, Tenant's ’s liability for rent shall ceasecease as of the day following the casualty (except for any pre-existing rent obligations). Tenant hereby expressly waives the provision of Section 227 of the Real Property Law and agrees that the foregoing provision of this Article shall govern and control in lieu thereof, subjectthis Article being an express agreement. If the damage or destruction be due to the fault or neglect of Tenant the debris shall be removed by, howeverand at the expense of, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such dateTenant.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01Section 10.01. If the Leased Property Demised Premises shall be damaged by fire or other cause, Tenant shall promptly notify Landlord thereof. If casualty or the damage Demised Premises is of such an extent as rendered inaccessible due to interfere materially with Tenant' s ability to conduct its operations at the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair the damage shall be repaired by and restore any damaged portions at the expense of Landlord and the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, minimum rent and additional rent pursuant to the extent provisions of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of Article 22 until such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant repairs shall be solely responsible for the cost (or the balance of the costmade, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues apportioned according to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of the Demised Premises which is usable by Tenant. Landlord shall have no responsibility to repair any Tenant's work (as referred to in Section 5.01), Fixed Rent and Additional Rent shall commence on the date same being the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercisedresponsibility of Tenant. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of by Landlord, unavoidable delays (as hereinafter defined), or for delays on account any other cause beyond Landlord's reasonable control. Tenant shall give notice to Landlord promptly upon learning thereof in case of Force Majeurefire or other damage to the Demised Premises. Upon termination If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially unusable by fire or any such other casualty, or if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it (whether or not the Demised Premises shall have been damaged), or if more than twenty-five (25%) percent of the rentable square feet of the Demised Premises shall be damaged during the last year of the term hereof, Landlord at its election may terminate this Lease by written notice to Tenant, within ninety (90) days after such fire or other casualty, and thereupon the term of this Lease shall expire by lapse of time upon the third (3rd) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord. Tenant shall not be liable under this Lease for anything accruing after the date of such expiration. Notwithstanding the foregoing provisions of this Section, within sixty (60) days after such casualty, Landlord shall provide Tenant with an estimate as to the time reasonably required to repair such damage. If such period exceeds nine (9) months from the date of such casualty, subject to unavoidable delays not to exceed ninety (90) days, Tenant may elect to terminate this Lease by notice to Landlord no later than ten (10) days following Tenant's receipt of such estimate, and thereupon the term of this Lease shall expire on the thirtieth (30th) day after Tenant's notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord. If Landlord does not substantially complete such repairs within said period of nine (9) months, subject to unavoidable delays not to exceed ninety (90) days, then Tenant may elect to terminate this Lease by notice to Landlord within ten (10) days following the expiration of such time period, and thereupon the term of this Lease shall expire on the thirtieth (30th) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord, unless within such thirty (30) day period, Landlord substantially completes the repair of such damage, in accordance with which event this Lease shall remain in full force and effect. Tenant hereby waives the provisions of Section 17.01227 of the Real Property Law, and the provisions of this Article shall govern and control in lieu thereof. If the damage is due to the fault or neglect of Tenant, the debris shall be removed by, and at the expense of, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such date.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01If the Leased Premises or the Building in which they are located are damaged, in whole or in part, by fire or other casualty without the fault or neglect of Tenant or Tenant's servants, employees, agent or licensees, the Landlord, unless it shall otherwise elect as hereinafter provided, shall repair the same after written notice from Tenant to Landlord of the damage. If the Leased Property shall be Premises, or any part thereof, are damaged by fire or other cause, Tenant shall promptly notify Landlord thereof. If the damage is of casualty to such an extent as to interfere materially be rendered untenantable but are, nevertheless, repaired by the Landlord, then the rent shall be abated to an extent corresponding with Tenant' s ability the time during which and the extent to conduct its operations at which the Buildingsaid Leased Premises may have been untenantable. Unless Landlord shall otherwise elect as hereinafter provided, Landlord shallshall make repairs and restorations provided for in this Article with all reasonable expedition subject to delays due to adjustment of insurance claims, at labor troubles and causes beyond Landlord's control. Notwithstanding the foregoing, if the fire or damage to the Leased Premises be caused by carelessness or negligence or improper conduct on the part of the Tenant, or the servants, employees, agents or licensees of the Tenant, without prejudice to any rights and remedies of Landlord and without prejudice to the rights or subrogation of Landlord's option insurer, the Tenant shall be liable for the rent during the unexpired portion of the demised term, without abatement, unless the Landlord elects to terminate this Lease as determined hereinafter provided. If the Landlord, in its sole discretion, shall decide, within a reasonable time after the occurrence of any such fire, or other casualty (even though the Leased Premises may not have been affected by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty), either (a) repair and not to restore any damaged portions or not to rebuild the Building and/or the Leased Premises, then, upon written notice given by the Landlord to the Tenant, this Lease shall terminate on a date to be specified in such notice as if that date had been originally fixed as the expiration date of the Leased Property to a condition suitable for Tenant's useTerm herein demised, and the rent shall be adjusted as promptly as reasonably practicable, to of the extent time of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount occurrence of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event . If the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair is due to any act the fault or omission on the part neglect of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as debris shall be determined removed by and at the expense of Tenant. Tenant shall give immediate notice to Landlord in its judgment reasonably exercised. No penalty case of fire or damage shall accrue for delays which may arise by reason in the event of adjustment accidents to or defects in any fixtures or equipment of insurance on the part of Landlord, or for delays on account of Force Majeure. Upon termination of this Lease in accordance with this Section 17.01, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such dateBuilding.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01 If the Demised Premises or the Unit or the Building shall be partially damaged by fire or other cause, then Landlord shall (except as otherwise provided herein) repair and restore (a) the Base Systems serving the Premises up to the point of connection to the Premises and the columns, beams, floor slabs, ceiling slabs and perimeter walls of the Premises and the curtain wall and foundation of the Building adjoining the Premises (exclusive of Tenant’s Roof Top Space) substantially in accordance with the Base Building Criteria therefore and (b) Tenant’s Roof Top Space (but not Tenant’s Property) substantially to the condition as existed immediately prior to such fire or casualty. Until the date (the “Casualty Abatement Period Expiration Date”) which (i) with respect to the repair and restoration obligations under clause (a) is the earlier to occur of (A) one hundred eighty (180) days after the date on which such repairs shall be Substantially Completed and (B) the date on which Tenant shall reoccupy such portion of the Demised Premises for the conduct of its business and (ii) with respect to the repair and restoration obligations under clause (b) above, the date upon which such repairs shall be Substantially Completed, the Fixed Rent and all Additional Rent shall be apportioned according to the part of the Demised Premises which is usable by Tenant for the conduct of its business in normal fashion (i.e., Tenant shall not be obligated to pay Fixed Rent and Additional Rent with respect only to the portion of the Demised Premises in which Tenant is unable to conduct business in normal fashion by reason of such fire or other cause). Landlord shall notify Tenant at least ten (10) Business Days prior to the date on which Landlord expects such repairs will be Substantially Completed (or such lesser period as may be equal to the estimated time period required for Landlord to perform such repairs). In the event that the Demised Premises or any portion thereof or the Building and/or the Unit (in such a manner that materially interferes with Tenant’s use of the Demised Premises or reasonable access thereto) shall be damaged by fire or casualty, within forty-five (45) days after such fire or other casualty (the “Trigger Date”), Landlord shall deliver to Tenant a statement (hereinafter referred to as the “Damage Statement”) prepared by a reputable, independent licensed architect or engineer or contractor having at least ten (10) years’ experience in such matters selected by Landlord setting forth such architect’s or engineer’s or contractor’s reasonable estimate as to the time required to repair such damage, together with a notice from Landlord to the effect that if Tenant fails to respond to such notice within the thirty (30) day period described in the following sentence, then Tenant shall be deemed to have waived its rights to terminate this Lease pursuant to this Section 17.01. If Landlord shall continue to fail to deliver such Damage Statement within fifteen (15) days following notice from Tenant to Landlord of such failure, then Tenant may have such statement prepared by a reputable, independent licensed architect, engineer or contractor selected by Tenant setting forth such architect’s, engineer’s or contractor’s reasonable estimate as to the Leased Property time required to repair such damage. If the estimated time period to perform such repairs extends beyond the date that is sixteen (16) months following the Trigger Date (as such period may be extended due to not more than two (2) months of Force Majeure delay, or due to Tenant Delay) (provided, however, if Landlord agrees to a lesser period of time in the corresponding provisions of any leases entered into during the Initial Lease-up Period for space in the High-Rise Floors, then the sixteen (16) month and/or two (2) month time periods set forth in this sentence shall be deemed to be amended (as applicable) to reflect such lesser of period of time), Tenant may elect, as its sole remedy, to terminate this Lease by notice to Landlord sent not later than thirty (30) days following receipt of the Damage Statement, time being of the essence with respect thereto. In the event that the Demised Premises shall be damaged by fire or other causecasualty, Tenant shall promptly notify then in such event if the repair work is not Substantially Completed by Landlord thereof. If within sixteen (16) months following the damage is of Trigger Date (as such an extent as period may be extended due to interfere materially with Tenant' s ability to conduct its operations at the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire two (2) months of Force Majeure delay, or other casualtydue to Tenant Delay) (provided, either (a) repair and restore any damaged portions of the Leased Property however, if Landlord agrees to a condition suitable lesser period of time in the corresponding provisions of any leases entered into during the Initial Lease-up Period for Tenant's usespace in the High-Rise Floors, then the sixteen (16) month and/or two (2) month time periods set forth in this sentence shall be deemed to be amended (as applicable) to reflect such lesser of period of time) to such a degree that the Demised Premises are useable by Tenant (or such longer period as is set forth in the Damage Statement if Tenant does not terminate this Lease pursuant to the provisions set forth hereinabove), Tenant may elect, as promptly as reasonably practicableits sole remedy, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent Landlord not later than 60 thirty (30) days following such the expiration of said period. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable or inaccessible by fire or other casualtycause insured or required to be insured pursuant to this Lease, in which event then the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for proportionately paid up to the portion time of the Leased Property which is casualty and thenceforth shall cease until the applicable Casualty Abatement Period Expiration Date, subject to Landlord’s right to elect not usable by Tenant to restore the same as hereinafter provided. If the Building, Common Elements or the Unit shall be so damaged (whether or not the Demised Premises are damaged in whole or in part) that Landlord or the Condominium Board, as the case may be, shall decide to demolish it or not to rebuild it, and Landlord shall terminate leases for office space in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion Unit affecting not less than sixty percent (60%) of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay aggregate of RSF in the process Unit exclusive of restoration and repair due to any act space leased or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined occupied by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part an Affiliate of Landlord, then Landlord may, within sixty (60) days after such fire or for delays on account other cause, give Tenant a notice of Force Majeure. Upon termination such decision and thereupon the Term of this Lease shall expire by lapse of time upon the tenth (10th) day after such notice is given, and Tenant shall promptly thereafter vacate the Demised Premises and surrender the same to Landlord in accordance with the terms of this Lease. Tenant hereby expressly waives the provision of Section 17.01227 of the Real Property Law and agrees that the foregoing provision of this Article 17 shall govern and control in lieu thereof, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such datethis Article 17 being an express agreement.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01 If the Demised Premises or the Unit or the Building shall be partially damaged by fire or other cause, then Landlord shall (except as otherwise provided herein) repair and restore (a) the Base Systems serving the Premises up to the point of connection to the Premises and the columns, beams, floor slabs, ceiling slabs and perimeter walls of the Premises and the curtain wall and foundation of the Building adjoining the Premises (exclusive of Tenant’s Roof Top Space) substantially to the condition thereof existing on the Commencement Date for the applicable Premises Portion (to the extent damaged by such fire or other cause), reasonable wear and tear excepted and (b) Tenant’s Roof Top Space (but not Tenant’s Property) substantially to the condition as existed immediately prior to such fire or casualty. Until the date (the “Casualty Abatement Period Expiration Date”) which (i) with respect to the repair and restoration obligations under clause (a) is the earlier to occur of (A) one hundred eighty (180) days after the date on which such repairs shall be Substantially Completed (or would have been completed but for Tenant Delay) and (B) the date on which Tenant shall reoccupy such portion of the Demised Premises for the conduct of its business and (ii) with respect to the repair and restoration obligations under clause (b) above, the date upon which such repairs shall be Substantially Completed, the Fixed Rent and all Additional Rent shall be apportioned according to the part of the Demised Premises which is usable by Tenant for the conduct of its business in normal fashion (i.e., Tenant shall not be obligated to pay Fixed Rent and Additional Rent with respect only to the portion of the Demised Premises in which Tenant is unable to conduct business in normal fashion by reason of such fire or other cause). Landlord shall notify Tenant at 129 least ten (10) Business Days prior to the date on which Landlord expects such repairs will be Substantially Completed (or such lesser period as may be equal to the estimated time period required for Landlord to perform such repairs). In the event that the Demised Premises or any portion thereof or the Building and/or the Unit (in such a manner that materially interferes with Tenant’s use of the Demised Premises or reasonable access thereto) shall be damaged by fire or casualty, within forty-five (45) days after such fire or other casualty (the “Trigger Date”), Landlord shall deliver to Tenant a statement (hereinafter referred to as the “Damage Statement”) prepared by a reputable, independent licensed architect or engineer or contractor having at least ten (10) years’ experience in such matters selected by Landlord setting forth such architect’s or engineer’s or contractor’s reasonable estimate as to the time required to repair such damage, together with a notice from Landlord to the effect that if Tenant fails to respond to such notice within the thirty (30) day period described in the following sentence, then Tenant shall be deemed to have waived its rights to terminate this Lease pursuant to this Section 17.01. If Landlord shall continue to fail to deliver such Damage Statement within fifteen (15) days following notice from Tenant to Landlord of such failure, then Tenant may have such statement prepared by a reputable, independent licensed architect, engineer or contractor selected by Tenant setting forth such architect’s, engineer’s or contractor’s reasonable estimate as to the Leased Property time required to repair such damage. If the estimated time period to perform such repairs extends beyond the date that is sixteen (16) months following the Trigger Date (as such period may be extended due to not more than two (2) months of Force Majeure delay, or due to Tenant Delay), Tenant may elect, as its sole remedy, to terminate this Lease by notice to Landlord sent not later than thirty (30) days following receipt of the Damage Statement, time being of the essence with respect thereto. In the event that the Demised Premises shall be damaged by fire or other causecasualty, Tenant shall promptly notify then, if the repair work is not Substantially Completed by Landlord thereof. If within sixteen (16) months following the damage is of Trigger Date (as such an extent as period may be extended due to interfere materially with Tenant' s ability to conduct its operations at the Building, Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following two (2) months of Force Majeure delay, or due to Tenant Delay) to such fire a degree that the Demised Premises are useable by Tenant (or other casualtysuch longer period as is set forth in the Damage Statement if Tenant does not terminate this Lease pursuant to the provisions set forth hereinabove), either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's useTenant may elect, as promptly as reasonably practicableits sole remedy, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent Landlord not later than 60 thirty (30) days following such the expiration of said period. If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially untenantable or inaccessible by fire or other casualtycause insured or required to be insured pursuant to this Lease, in which event then the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for proportionately paid up to the portion time of the Leased Property which is casualty and thenceforth shall cease until the applicable Casualty Abatement Period Expiration Date, subject to Landlord’s right to elect not usable by Tenant to restore the same as hereinafter provided. If the Building, Common Elements or the Unit shall be so damaged (whether or not the Demised Premises are damaged in whole or in part) such that Landlord or the Condominium Boards, as the case may be, shall decide to demolish it or not to rebuild it, and Landlord shall terminate leases for office space in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion Unit affecting not less than sixty percent (60%) of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay aggregate of RSF in the process Unit exclusive of restoration and repair due to any act space leased or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined occupied by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part an Affiliate of Landlord, then Landlord may, within sixty (60) days after such fire or for delays on account other cause, give Tenant a notice of Force Majeure. Upon termination such decision and thereupon the Term of this Lease shall expire by lapse of time upon the tenth (10th) day after such notice is given, and Tenant shall promptly thereafter vacate the Demised Premises and surrender the same to Landlord in accordance with the terms of this Lease. Tenant hereby expressly waives the provision of Section 17.01227 of the Real Property Law and agrees that the foregoing provision of this Article 17 shall govern and control in lieu thereof, Tenant's liability for rent shall cease, subject, however, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on or before such datethis Article 17 being an express agreement.

DAMAGE BY FIRE OR OTHER CAUSE. 17.0113. If the Leased Property Demised Premises shall be partially damaged by fire or other causecasualty, Tenant shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations shall be repaired by and at the Buildingexpense of Lessor as soon as reasonably possible, Landlord shalland (i) if such damage shall not have been caused by the fault or neglect of Lessee, at Tenant's option as determined its servants, employees, agents, or licensees, the rent and any additional rent until such repairs shall by Tenant by written notice made, shall be apportioned according to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions the part of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, Demised Premises which is usable by Lessee; or (ii) if such damage shall be due to the extent fault or neglect of and subject to receipt of insurance proceeds from Landlord's insurer Lessee, its servants, employees, agents, or licensees (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal without prejudice to any applicable deductible) other rights and to the extent such insurance proceeds are unavailable or insufficientremedies of Lessor), Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There there shall be no abatement or apportionment of Fixed Rent or Additional Rent for any period rent. Lessor shall incur no liability on account of time for that portion of the Leased Property which Tenant continues to occupy or has reoccupied. If there shall be any delay in the process completion of restoration and repair due to any act or omission on the part of Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays repairs which may arise by reason of adjustment of insurance insurance, labor difficulties or any other cause beyond Lessor's control. If all or substantially all of the Demised Premises or the building are wholly destroyed or become unfit for occupancy as a result of fire or other cause or casualty, either party may elect, by written notice to the other within ninety (90) days after the casualty date (a) to terminate this Lease as of the date when the Demised Premises or building became unfit for occupancy; or (b) the Lessor shall elect to repair, restore or rehabilitate the building or Demised Premises (at the expense of Lessor) commencing within ninety (90) days after Lessor is able to take possession of the damaged Premises and undertake reconstruction or repairs and thereafter to prosecute the work with reasonable diligence, in which latter event the lease shall not terminate, but rent shall be abated on a per diem basis while the part Premises are unfit for occupancy. If Lessor elects to repair, restore and rehabilitate the building and the Demised Premises, and the same shall not have been repaired and restored to substantially their former condition within six (6) months after the date of Landlordthe casualty (delays caused by adjustment of insurance, labor difficulties or for delays on account other causes beyond Lessor's control to be excluded from such computation), either party shall have the right to terminate this Lease as of Force Majeurethe casualty date by written notice to the other within ten (10) days after the expiration of said six (6) month period. Upon In the event of such termination of this Lease in accordance with this Section 17.01Lease, TenantLessee's liability for rent shall ceasecease as of the date the Premises or the building were made unfit for occupancy. If the Lease shall be terminated pursuant to this Article, subjectLessee shall promptly vacate the Premises and surrender the same to lessor. If the damage or destruction be due to the fault or neglect of Lessee, howeverthe debris shall be removed at the expense of Lessee. If the Demised Premises are repaired and restored, to any claim the term of this Lease shall be extended for such period of time as the Demised Premises was uninhabitable by Landlord for Fixed Rent and/or Additional Rent accruing on or before such dateTenant.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01. 17.1 If the Leased Property Demised Premises (including damage to Building systems serving the Demised Premises and to the Building affecting access to the Demised Premises) shall be partially damaged by fire or other cause, Tenant the damages shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations be repaired by and at the Building, expense of Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant shall be solely responsible for the cost (or the balance of the cost, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable such repairs by Tenant for the ordinary conduct of its business. There Landlord shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of substantially completed, the Leased Property which Tenant continues to occupy or has reoccupied. If there rent shall be any delay in the process of restoration and repair due apportioned according to any act or omission on the part of the Demised Premises which is usable by Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or for delays reasonable delay on account of Force Majeure“labor troubles,” or for Acts of God, or any other cause beyond Landlord’s control, or any combination thereof. If the Demised Premises (including damage to Building systems serving the Demised Premises and to the Building affecting access to the Demised Premises) are totally or substantially damaged or are rendered wholly or substantially unusable by fire or other cause, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date on which repairs thereto by Landlord shall be substantially completed, subject to Landlord’s and Tenant’s right to elect not to restore the same as hereinafter provided. If the Building shall be so damaged that Landlord shall decide to demolish it or to substantially renovate it, then provided that Landlord shall terminate leases of at least fifty percent (50%) of the leased office area of the Building, Landlord may, within ninety (90) days after such fire or other cause, give Tenant a notice in writing of such decision, which notice shall be given as provided in Exhibit M-11 attached hereto, and thereupon the term of this Lease shall expire by lapse of time upon the thirtieth (30th) day after such notice is given (which date shall be extended, at the election of Tenant, to the ninetieth (90th) day thereafter to the extent that the Demised Premises is not materially damaged), and Tenant shall vacate the Demised Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions provided for in accordance with this Section 17.01the sentence immediately preceding, Tenant's ’s liability for rent shall ceasecease as of the day following the casualty. Tenant hereby expressly waives the provision of Section 227 of the Real Property Law and agrees that the foregoing provision of this Article shall govern and control in lieu thereof, subjectthis Article being an express agreement. Notwithstanding anything herein to the contrary, howeverif Landlord or Tenant exercises any right to terminate this Lease following a fire or other casualty in accordance with the terms of this Article 17, to any claim insurance proceeds received by Landlord for Fixed Rent and/or Additional Rent accruing or Tenant on account of any damage to (i) Landlord’s Work (including with respect to Tenant’s Specialty Passenger Elevator and the Escalator) shall be the sole property of Landlord (except solely to the extent that any portion thereof was performed at the expense of Tenant) and (ii) the leasehold improvements constituting Tenant’s Work in excess of the amount of the unamortized Work Allowance shall be the sole property of Tenant (it being agreed that the first portion of the insurance proceeds received by Landlord or before Tenant on account of any damage to the leasehold improvements constituting Tenant’s Work in the amount of the unamortized Work Allowance shall be the sole property of, and shall be paid to, Landlord). The amount of the unamortized Work Allowance shall be equal to the then unamortized amount, computed as of the termination date of this Lease, of the amount of the Work Allowance paid by Landlord hereunder, such dateamount to be amortized over the Initial Term of this Lease commencing on the Commencement Date on a straight-line basis without interest. For purposes of the foregoing, the cost of Landlord’s Work (including with respect to Tenant’s Specialty Passenger Elevator and the Escalator) and the amount of the Work Allowance shall be adjusted pursuant to the applicable terms hereof (including Article 37 and Exhibit E attached hereto) to reflect the amounts actually incurred by Landlord and Tenant with respect thereto. The terms of the immediately preceding three (3) sentences shall take into account any sums theretofore paid by Tenant to Landlord pursuant to the terms of Article 45 hereof and shall survive the sooner termination of this Lease.

DAMAGE BY FIRE OR OTHER CAUSE. 17.01Section 10.01. If the Leased Property Demised Premises shall be damaged by fire or other causecasualty, Tenant shall promptly notify Landlord thereof. If the damage is of such an extent as to interfere materially with Tenant' s ability to conduct its operations shall be repaired by and at the Building, expense of Landlord shall, at Tenant's option as determined by Tenant by written notice to Landlord given not more than 60 days following and the minimum rent until such fire or other casualty, either (a) repair and restore any damaged portions of the Leased Property to a condition suitable for Tenant's use, as promptly as reasonably practicable, to the extent of and subject to receipt of insurance proceeds from Landlord's insurer (plus an amount equal to the amount of any applicable deductible) sufficient to pay the cost of such repair and restoration, it being agreed that Landlord's obligation to so repair and restore is expressly conditioned upon the receipt and sufficiency of such insurance proceeds (plus an amount equal to any applicable deductible) and to the extent such insurance proceeds are unavailable or insufficient, Tenant repairs shall be solely responsible for the cost (or the balance of the costmade, as the case may be) to so repair and restore, or (b) terminate this Lease by written notice to Tenant sent not later than 60 days following such fire or other casualty, in which event the Term shall expire upon the thirtieth day following such notice and Tenant shall vacate the Leased Property and surrender the same to Landlord on or before the date this Lease shall so terminate. Fixed Rent and Additional Rent shall be abated for the portion of the Leased Property which is not usable by Tenant in the ordinary conduct of its business from the date of such damage or destruction until the date on which the Leased Property become usable by Tenant for the ordinary conduct of its business. There shall be no abatement of Fixed Rent or Additional Rent for any period of time for that portion of the Leased Property which Tenant continues apportioned according to occupy or has reoccupied. If there shall be any delay in the process of restoration and repair due to any act or omission on the part of the Demised Premises which is usable by Tenant, Fixed Rent and Additional Rent shall commence on the date the Leased Property would have otherwise been completed but for such delay, as shall be determined by Landlord in its judgment reasonably exercised. No penalty or damage shall accrue for delays which may arise by reason of adjustment of insurance on the part of by Landlord, unavoidable delays (as hereinafter defined), or for delays on account any other cause beyond Landlord's reasonable control. Tenant shall give notice to Landlord promptly upon learning thereof in case of Force Majeurefire or other damage to the Demised Premises. Upon termination If the Demised Premises are totally or substantially damaged or are rendered wholly or substantially unusable by fire or any such other casualty, or if the Building shall be so damaged that Landlord shall decide to demolish it or to rebuild it (whether or not the Demised Premises shall have been damaged), Landlord at its election may terminate this Lease by written notice to Tenant, within ninety (90) days after such fire or other casualty, of such decision, and thereupon the term of this Lease shall expire by lapse of time upon the third (3rd) day after such notice is given, and Tenant shall vacate and surrender the Demised Premises to Landlord. Tenant shall not be liable under this Lease for anything accruing after the date of such expiration. Tenant hereby waives the provisions of Section 227 of the Real Property Law, and the provisions of this Article shall govern and control in accordance with this Section 17.01lieu thereof. If the damage is due to the fault or neglect of Tenant, the debris shall be removed by, and at the expense of, Tenant's liability for rent . Notwithstanding the foregoing, if Landlord does not substantially complete such repairs within one hundred eighty (180) days following the date of such casualty, then Tenant may elect to terminate this Lease by notice to Landlord within ten (10) days following the expiration of such 180 day period, and thereupon the term of this Lease shall ceaseexpire on the thirtieth (30th) day after such notice is given, subjectand Tenant shall vacate and surrender the Demised premises to Landlord, howeverunless within such thirty (30) day period, to any claim by Landlord for Fixed Rent and/or Additional Rent accruing on substantially completes such restoration or before such daterebuilding in which event this Lease shall remain in full force and effect.