Common use of DAMAGE TO OR DESTRUCTION OF PREMISES Clause in Contracts

DAMAGE TO OR DESTRUCTION OF PREMISES. If, during the term of this Sublease, the Subleased Premises are damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so that the same are rendered wholly or substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether the Subleased Premises can be repaired to be fully fit for Sublessee's occupancy. If pursuant to said notice said Subleased Premises cannot be repaired within sixty (60) days from the time of such damage, then this Sublease, at the option of the Sublessor or Sublessee, may be terminated as of the date of such damage and any insurance proceeds under Section 9(a) of this Sublease agreement shall be paid to Sublessor. Likewise if a substantial portion of the Premises (but not a substantial portion of the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damages, and/or restore the premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessor. In the event that Sublessor or Sublessee elects to terminate the Sublease, the Sublessee shall pay the rent apportioned to the time of damage and shall immediately surrender the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Sublease, Sublessor agrees to repair or replace as required such damage to the Premises and the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), and this Sublease shall not be affected in any manner except that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premises. If the damage by any of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment of the Subleased Premises, then Sublessor shall repair the same promptly and in that case the rent accrued or accruing shall not xxxxx.

DAMAGE TO OR DESTRUCTION OF PREMISES. (a) If, during the term of this SubleaseTerm, the Subleased Premises are or any other portion of the Building (including, without limitation, the rooftop) is damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty (collectively, a “Casualty”) so that the same Premises are rendered wholly or substantially unfit for occupancyoccupancy or unsuitable for the conduct of the Business, Sublessor shall promptly notify Sublessee whether such that the Subleased Premises can be repaired to be fully fit for Sublessee's occupancy. If pursuant to said notice said Subleased Premises cannot be repaired within sixty one hundred eighty (60180) days from the time of such damage, then this SubleaseLease, at the option of the Sublessor Landlord or SublesseeTenant, may be terminated as of the date of such damage. Landlord shall give Tenant written notice within thirty (30) days of the date of damage if such damage cannot be repaired within one hundred eighty (180) days and any insurance proceeds under Section 9(awhether it will elect to terminate this Lease or repair or rebuild the Premises. Should Landlord notify Tenant that the damages cannot be repaired within one hundred eighty (180) days and that it has elected to perform such repairs, Tenant shall have thirty (30) business days from receipt of such notice to notify Landlord in writing that it has elected to terminate this Sublease agreement shall be paid to SublessorLease. Likewise if a substantial portion of the Premises Building (but not a substantial portion of the Subleased Premises) are is so damaged such that Sublessor Landlord determines that it will not repair such damages, and/or restore the premisesBuilding, then Sublessor Landlord at its sole option within sixty (60) days after such Casualty, may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable Lease upon written notice to SublessorTenant. In the event that Sublessor either Landlord or Sublessee Tenant elects to terminate the Subleasethis Lease, the Sublessee then Tenant shall pay the rent Rent apportioned to the time of damage damage, and Tenant shall immediately surrender the Subleased Premises on the effective date of the termination of this Lease to Sublessor Landlord who may enter upon and repossess the samesame and all further rights and obligations of the parties hereunder will terminate. If neither the Sublessor or Lease is not terminated pursuant to the Sublessee elects to terminate the Subleaseterms hereof, Sublessor agrees to Landlord shall repair or replace as required such damage to the Premises and the Subleased Premises (but not to any Sublessee tenant improvements made by Sublessee to the extent it receives insurance proceeds), Tenant) and this Sublease Lease shall not be affected in any manner manner, except that the rent Rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs earlier of thirty (30) days from the date Landlord delivers the Premises to Tenant for the purpose of Tenant making tenant improvements thereto or the date the Premises are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premises. If the damage substantially ready for occupancy by any of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment of the Subleased Premises, then Sublessor shall repair the same promptly and in that case the rent accrued or accruing shall not xxxxxTenant.

DAMAGE TO OR DESTRUCTION OF PREMISES. If, during If the term of this SubleasePremises shall be damaged or rendered totally or partially un-tenantable by fire or other casualty, the Subleased Premises are damaged by fireLessee shall, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so that the same are rendered wholly or substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether the Subleased Premises can be repaired to be fully fit for Sublessee's occupancy. If pursuant to said notice said Subleased Premises cannot be repaired within sixty thirty (6030) days from the time of such damage, then this Sublease, at the option of the Sublessor or Sublessee, may be terminated as of the date of such said damage and any insurance proceeds under Section 9(a) of this Sublease agreement shall be paid to Sublessor. Likewise if a substantial portion of the Premises (but not a substantial portion of the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damagesor destruction, and/or restore the premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessor. In the event that Sublessor or Sublessee elects to terminate the Sublease, the Sublessee shall pay the rent apportioned to the time of damage and shall immediately surrender the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Sublease, Sublessor agrees commence to repair or replace as required such damage said improvements, according to the Premises original plans and the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), and this Sublease shall not be affected in any manner except specifications so that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for Lessee may continue with occupancy to any substantial extent and the same shall be repairable completed within sixty one hundred eighty (60180) days from thereafter. Provided, however, in the time event the Premises shall be totally destroyed by fire or other casualty, the Lessee shall have the option not to rebuild the Premises and to terminate this Lease be giving written notice to Lessor of its election to so terminate, such damage, Sublessor shall repair notice to be given within thirty (30) days after the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date occurrence of such damage until or destruction. Lessee's obligation to pay for the cost of rebuilding or repairing any such damage or destruction to the improvements located at the Premises shall be limited to the insurance monies payable by reason of such damage or destruction. Provided, however, if the cost of repairing or replacing said improvements exceed the amount of the insurance proceeds as the result of Tenant's desire to construct a building at the Premises which exceeds that which was located at the Premises prior to such casualty, it shall be Lessee's responsibility to pay all additional monies necessary for such repairs are completed or replacements. However, it is further agreed that the rent herein required to be paid shall abatx xxxing said period of untenantability or if the improvements shall be apportioned so that Sublessee damaged but not rendered untenantable thereby, the rental shall pay as rent abatx xx an amount which bears the same ratio proportionate to the entire monthly rent as decrease in the portion utility of the Subleased Premises which Sublessee Premises. It is able to occupy without disturbance during agreed by the parties that if the building cannot be replaced or repaired within one hundred eighty (180) days after such period bears damage to the entire Premises. If building, due to the damage by any inability of the above casualties is so slight either party to obtain materials or labor needed, strikes, or acts of God or governmental restrictions that Sublessee is not disturbed in its possession and enjoyment of the Subleased Premiseswould prohibit, limit, or delay said construction, then Sublessor shall repair the same promptly and in that case the rent accrued or accruing shall not xxxxx.time for completion of said repairs and

DAMAGE TO OR DESTRUCTION OF PREMISES. If, If during the term of this Sublease, Agreement the Subleased Premises are Access Area is damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so that the same are rendered wholly or substantially unfit for occupancythe Access Activities, Sublessor shall promptly notify Sublessee whether the Subleased Premises can be repaired to be fully fit for Sublessee's occupancy. If pursuant to and if said notice said Subleased Premises Access Area cannot be repaired within sixty (60) days from the time of such damage, or in some other reasonable time period agreed to by the parties, then this SubleaseAgreement, at the option of the Sublessor or SublesseeCPC, may be terminated as of the date of such damage and any insurance proceeds under Section 9(a) of this Sublease agreement shall be paid to Sublessor. Likewise if a substantial portion of the Premises (but not a substantial portion of the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damages, and/or restore the premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessordamage. In the event that Sublessor or Sublessee CPC elects to terminate the SubleaseAgreement, the Sublessee CPC shall pay the rent Access Fee, apportioned to the time of damage such damage, and shall immediately surrender the Subleased Premises Access Area to Sublessor who may enter upon CPI and repossess the sameCPC shall be relieved from any further liability hereunder. If neither the Sublessor or the Sublessee elects CPC does not elect to terminate this Agreement or if any damage by any of the Subleaseabove casualties, Sublessor rendering the Access Area wholly unfit, can be repaired within sixty (60) days thereafter, or in some other reasonable time period agreed to by the parties, CPI agrees to repair or replace as required such damage to the Premises and the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), promptly and this Sublease Agreement shall not be affected in any manner except that the rent Access Fee shall be suspended and shall not accrue from the date of such damage until such repairs have been completed; however, CPC shall continue to pay any portion of the Access Fee which is based upon actual costs which continue to be incurred prior to completion of the repairs. If said Subleased Premises Access Area shall be so slightly damaged by any of the above casualties as not to be rendered wholly unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damageoccupancy, Sublessor CPI shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, Access Area promptly and during the period from the date of such damage until the repairs are completed completed, the rent Access Fee shall be apportioned so that Sublessee CPC shall pay as rent an amount which bears the same ratio to the entire monthly rent Access Fee as the portion of the Subleased Premises Access Area which Sublessee CPC is able to occupy utilize without disturbance during such the period bears to the entire PremisesAccess Area. If the damage by any of the above casualties is so slight that Sublessee CPC is not disturbed in its possession and enjoyment of the Subleased PremisesAccess Activities, then Sublessor same shall repair the same be promptly repaired by CPI and in that case case, the rent Access Fee accrued or accruing shall not xxxxxabate. CPI's obligations to repair damages under this Xxxxxon shall be limited to the dollar amount of any insurance proceeds which are actually received by CPI specifically as a result of the damage to or destruction of the Access Area buildings or portions of the Access Area for which CPI has maintenance obligations under this Agreement; however, if CPI insures the buildings in the Access Area for less than reasonable replacement cost, CPI shall be required to repair damages and rebuild under this paragraph to the replacement cost of the buildings, minus any environmental remediation of or debris removal from the Access Area specifically required for rebuilding.

DAMAGE TO OR DESTRUCTION OF PREMISES. If, during the term of this Subleaselease, or any renewal or extension thereof the Subleased Premises demised premises are damaged or destroyed by firecasualty including, floodbut not limited to, windstormfire or earthquake, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty and the damage is so extensive that the same are rendered wholly or substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether the Subleased Premises can be repaired to be fully fit for Sublessee's occupancy. If pursuant to said notice said Subleased Premises ordinary business of Lessees cannot reasonably be conducted therein, and such damage cannot with reasonable diligence be repaired within sixty (60) 120 days from the time happening of such damagecasualty, then this Sublease, at the option of either Lessor or Lessees, to be exercised within thirty (30) days after the Sublessor or Sublesseehappening of such casualty, may be terminated this lease shall cease and terminate as of the date of such damage casualty, and any insurance proceeds under Section 9(aLessees shall forthwith vacate and surrender said premises. If (1) of neither Lessor nor Lessees shall elect to terminate this Sublease agreement shall be paid to Sublessor. Likewise if a substantial portion of lease, or (2) the Premises (but not a substantial portion of the Subleased Premises) demised premises are so damaged by such casualty that Sublessor determines that it will the ordinary business of the Lessees cannot reasonably be conducted therein, but such damage can, with reasonable diligence be repaired within 120 days, then Lessor shall, with all reasonable diligence, unless prevented by strikes, lockouts or other labor disturbances or inability to obtain materials, repair such damages, and/or and restore the said premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) no rent shall accrue or be payable to Sublessor. In the event that Sublessor during or Sublessee elects to terminate the Sublease, the Sublessee shall pay the rent apportioned to the time of damage and shall immediately surrender the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Sublease, Sublessor agrees to repair or replace as required such damage to the Premises and the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), and this Sublease shall not be affected in any manner except that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio casualty to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premisesdate when said premises shall have been repaired and restored. If the damage demised premises are so slightly damaged by any such casualty that the ordinary business of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment of the Subleased PremisesLessees can reasonably be conducted therein, then Sublessor Lessor shall with all reasonable diligence, unless prevented by strikes, lockouts or other labor disturbances or inability to obtain materials, repair the same promptly and in that case restore said premises, and there shall be no allowance or deduction from the rent accrued herein provided on account of such damage. Lessees shall promptly notify Lessor in the event the demised premises are so damaged by such casualty. Lessor's only responsibility shall be to make repairs if and as herein agreed to be made, and nothing in this lease is intended to or accruing shall not xxxxxbe construed to make Lessor liable for any damage due to such casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. IfIn the event of a partial destruction of the Premises from any cause covered by Landlord's standard fire and extended coverage insurance, during Landlord shall immediately repair such destruction, provided the term cost of repair does not exceed the insurance proceeds and such repairs can be made within ninety (90) days, but such partial destruction shall in no way annul or void this SubleaseLease, the Subleased Premises and Tenant shall not be entitled to a proportionate reduction of rent while such repairs are damaged being made. If such partial destruction was caused by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of Godany risk not covered by Landlord's insurance, or other casualty so that if the same are rendered wholly or substantially unfit for occupancycost of repair exceeds the insurance proceeds payable, Sublessor shall promptly notify Sublessee whether Landlord may, at its option, make such repairs, provided the Subleased Premises repairs can be repaired to be fully fit for Sublessee's occupancymade within ninety (90) days, and the Lease shall remain in full force and effect. If pursuant the Landlord does not elect to said notice said Subleased Premises make repairs it is not obligated to make, or if such repairs cannot be repaired made within sixty ninety (6090) days from the time of days, or if such damagerepairs cannot be made under law, then this Sublease, Lease may be terminated at the option of the Sublessor or Sublessee, may be terminated as of the date of such damage and any insurance proceeds under Section 9(a) of this Sublease agreement shall be paid to Sublessor. Likewise if a substantial portion of the Premises (but not a substantial portion of the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damages, and/or restore the premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessoreither party. In the event that Sublessor or Sublessee elects to terminate the Sublease, the Sublessee shall pay the rent apportioned to the time of damage and shall immediately surrender the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Sublease, Sublessor agrees to repair or replace as required such damage to the Premises and the Subleased Premises (but not to any Sublessee improvements made by Sublessee building is destroyed to the extent it receives insurance proceeds)of not less than thirty-three and one-third percent (33 1/3%) of the replacement cost of it, Landlord may elect to terminate this Lease, whether the Premises are injured or not and without liability to Tenant. A total destruction of the Premises, or of the building, shall terminate this Sublease Lease. In the event of any dispute between Landlord and Tenant relative to the provisions of this section, they shall not submit their dispute to arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of New Jersey. New Jersey law shall apply. A written decision is to be affected in any manner except that required and requested from the rent Arbitrator by both parties. The arbitration shall be suspended final and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent binding upon both Landlord and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire PremisesTenant. If the damage by any American Arbitration Association and/or the Arbitrator refuses to provide the parties with a written opinion then this clause requiring Arbitration shall be void and of the above casualties is so slight that Sublessee is not disturbed in its possession no force and enjoyment effect. The cost of the Subleased Premises, then Sublessor such arbitration shall repair the same promptly be borne equally between Landlord and in that case the rent accrued or accruing shall not xxxxxTenant.

DAMAGE TO OR DESTRUCTION OF PREMISES. 14.01 If, during the term Term or Renewal Term of this SubleaseLease, the Subleased Leased Premises are shall be damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so to such an extent that the same are rendered wholly or substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether repair of such damage and the Subleased restoration of the Leased Premises can be repaired accomplished, with reasonable diligence, within one hundred twenty (120) days after such damage, Lessee shall promptly repair such damage and cause the Leased Premises to be fully fit for Sublessee's occupancyrestored to their condition prior to the event causing the damage. If pursuant If, during the Term or Renewal Term of this Lease, the Leased Premises shall be destroyed or damaged, or partially destroyed or damaged, to said notice said Subleased such an extent that the repair of such destruction or damage and the restoration of the Leased Premises cannot be repaired accomplished, with reasonable diligence, within sixty one hundred twenty (60120) days from the time of such after destruction or damage, then this Sublease, at the option Lessee shall promptly notify Lessor in writing of the Sublessor or Sublessee, may be terminated as of such fact within forty-five (45) days after the date of such damage destruction or damage, and any Lessee shall thereafter have the right, during a period of thirty (30) days following such notification, to terminate this Lease by written notice to the Lessor, declaring this Lease to be terminated provided, however, that, as a condition precedent to such termination, all proceeds of insurance required to be maintained by Lessee under Article 12.01, an amount equal to the insurance proceeds under Section 9(a) of this Sublease agreement which would have been available but for such failure shall be paid by Lessee to SublessorLessor. Likewise if a substantial portion Unless such notice of the Premises (but not a substantial portion of the Subleased Premises) are so damaged immediate termination shall be given within such that Sublessor determines that it will not 30-day period, this Lease shall continue in full force and effect and Lessee shall promptly repair such damages, and/or restore destruction or damage and cause the premises, then Sublessor at Leased Premises to be restored to its sole option may terminate this Sublease as of condition prior to the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessorevent causing the destruction or damage. In the event that Sublessor the Leased Premises are destroyed or Sublessee elects to terminate the Subleasedamaged, or partially destroyed or damaged, the Sublessee monthly rent payable by Lessee shall pay the rent apportioned be abated proportionately according to the time floor area of damage and shall immediately surrender the Subleased Leased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Subleasewhich is useable by Lessee, Sublessor agrees to repair or replace as required such provided that if there is damage to the Leased Premises and which results in Tenant being unable to use the Subleased Leased Premises (but for ordinary business operations, even if such damage is not to any Sublessee improvements made by Sublessee the entire Leased Premises, monthly Rent shall be completely abated. Such abatement shall continue for the period commencing with such damage or destruction and ending when Lessee completes repair work or reconstruction, provided Lessee diligently commences and expeditiously completes the repair work or reconstruction. In the event the taxiway(s) and/or runway(s) are damaged or destroyed or rendered inaccessible to the extent it receives insurance proceeds)that Lessee is not able to perform ordinary business operations at the Leased Premises, and this Sublease shall not be affected in any manner except that the monthly rent payable by Lessee shall be suspended and shall not accrue from abated for the date of period commencing with such damage until or destruction and ending when the taxiway(s) and/or runway(s) are repaired and accessible to Lessee such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premises. If the damage by any of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment of the Subleased Premises, then Sublessor shall repair the same promptly and in that case the rent accrued or accruing shall not xxxxxLessee can resume ordinary business operations.

DAMAGE TO OR DESTRUCTION OF PREMISES. IfIn the event of a partial ------------------------------------ destruction of the premises from any cause covered by Lessor's standard fire and extended coverage insurance, during Lessor shall forthwith repair the term premises provided the cost of this Sublease, the Subleased Premises are damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so that the same are rendered wholly or substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether the Subleased Premises repair does not exceed said insurance proceeds and such repairs can be repaired to be fully fit for Sublessee's occupancy. If pursuant to said notice said Subleased Premises cannot be repaired made within sixty (60) days from under the time laws and regulations of state, county and/or municipal authorities, but such partial destruction shall in no way annul or void this lease, except that Lessee shall be entitled to a proportionate reduction of base monthly rental and additional rental while such repairs are being made; such proportionate reduction to be based upon the extent to which the making of such damage, then this Sublease, at repairs interferes with the option business carried on by the Lessee in said premises. If such partial destruction was caused by any risk not covered by Lessor's insurance or if the cost of repair exceeds the Sublessor or Sublessee, may be terminated as of the date of such damage and any insurance proceeds under Section 9(a) of this Sublease agreement shall be paid to Sublessor. Likewise payable, or if a substantial portion of the Premises (but not a substantial portion of the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damages, and/or restore the premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessor. In the event that Sublessor or Sublessee elects to terminate the Sublease, the Sublessee shall pay the rent apportioned to the time of damage and shall immediately surrender the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Sublease, Sublessor agrees to repair or replace as required such damage to the Premises and the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), and this Sublease shall repairs cannot be affected in any manner except that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable made within sixty (60) days from days, Lessor may, at its option, make such repairs, the time rent shall be abated as provided above, and the lease shall remain in full force and effect. If the Lessor does not elect to make repairs which it is not obligated to make, this lease may be terminated by Lessor or Lessee. In the event the building in which the demised premises are situated is destroyed to the extent of not less than fifty percent (50%) of the replacement cost thereof, Lessor may elect to terminate this lease, whether the demised premises are injured or not and without liability to the Lessee. A total destruction of the building in which the said premises may be situated, shall terminate this lease. The provisions of subdivision 2 of Section 1932 of the California Civil Code, and of Subdivision 4 of Section 1933 of that Code, shall not apply to this lease, and Lessee waives the benefits of such provisions. Notwithstanding anything to the contrary in this lease, Lessee shall have the option to terminate this lease in the event either of the following occurs: (i) the premises cannot be or are not in fact fully repaired by Lessor within nine (9) months after the date of any damage or destruction not caused by the negligence or intentional misconduct of Lessee, Lessee's agents, employees or invitees or (ii) if the premises are damaged by any peril within twelve (12) months of the last day of the lease term and cannot or are not in fact substantially restored within six (6) months after the date of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of provided such damage until was not caused by the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion negligence or intentional misconduct of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premises. If the damage by any of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment of the Subleased PremisesLessee, then Sublessor shall repair the same promptly and in that case the rent accrued Lessee's agents, employees or accruing shall not xxxxxinvitees.

DAMAGE TO OR DESTRUCTION OF PREMISES. If, during the term Lease Term, there is an insured partial destruction of the Premises of less than fifty (50%) percent of their actual replacement cost at the time of destruction, and if at least six (6) months remain of the Lease Term, then Landlord shall forthwith repair the Premises unless prohibited by law, regulation, or ordinance. If Landlord repairs the Premises, then the destruction shall not terminate this Sublease, Lease or reduce Tenant’s obligations hereunder except that Tenant shall be entitled to a proportionate reduction of Base Rent and Additional Rent while the Subleased Premises are damaged unusable by firereason of the destruction. If, floodduring the Lease Term, windstorm, strikes, riots, civil commotions, acts there is an insured total destruction of public enemy, acts of Godthe Premises, or other casualty so that an insured partial destruction of fifty (50%) percent or more of their actual replacement cost at the same are rendered wholly time of destruction, or substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether the Subleased Premises can be repaired to be fully fit for Sublessee's occupancy. If pursuant to said notice said Subleased Premises if repairs cannot be repaired within sixty (60) days from the time of such damagemade under then-existing laws, regulations, and ordinances, then this Sublease, at Landlord may elect either to repair the option of Premises or to terminate the Sublessor or Sublessee, may be terminated Lease as of the date of such damage and any insurance proceeds under Section 9(athe destruction. If Landlord does not elect within thirty (30) days after the date of this Sublease agreement shall be paid destruction to Sublessorpromptly repair the Premises, then Tenant may elect to terminate the Lease by notifying Landlord of Tenant’s election to terminate. Likewise if a substantial portion If, during the last six (6) months of the Lease Term, there is an insured partial destruction of the Premises of less than fifty (but not a substantial portion 50%) percent of their actual replacement cost at the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damages, and/or restore the premisestime of destruction, then Sublessor at its sole option may Landlord shall within thirty (30) days either elect to repair the Premises or to terminate this Sublease the Lease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessordestruction. In the event that Sublessor or Sublessee If Landlord elects to terminate the Sublease, the Sublessee shall pay the rent apportioned to the time of damage and shall immediately surrender the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Sublease, Sublessor agrees to repair or replace as required such damage to the Premises and the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), and this Sublease shall not be affected in any manner except that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premises. If the damage by any of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment of the Subleased Premises, then Sublessor shall repair the same promptly and in that case the rent accrued or accruing destruction shall not xxxxxterminate this Lease or reduce Tenant’s obligations hereunder except that Tenant shall be entitled to proportionate reduction of Rent and Additional Rent while the Premises are unusable by reason of the destruction.

DAMAGE TO OR DESTRUCTION OF PREMISES. 14.1 If, during the term Term of this SubleaseLease, the Subleased Leased Premises are shall be damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so to such an extent that the same are rendered wholly or substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether repair of such damage and the Subleased restoration of the Leased Premises can be repaired accomplished, with reasonable diligence, within one hundred eighty (180) days after such damage, Lessee shall promptly repair such damage and cause the Leased Premises to be fully fit for Sublessee's occupancyrestored to their condition prior to the event causing the damage. If pursuant If, during the Term of this Lease, the Leased Premises shall be destroyed or damaged to said notice said Subleased such an extent that the repair of such destruction or damage and the restoration of the Leased Premises cannot be repaired accomplished, with reasonable diligence, within sixty one hundred eighty (60180) days from the time of such after destruction or damage, then this Sublease, at the option Lessee shall promptly notify Lessor in writing of the Sublessor or Sublessee, may be terminated as of such fact within forty-five (45) days after the date of such damage destruction or damage, and any Lessee shall thereafter have the right, during a period of thirty (30) days following such notification, to terminate this Lease by written notice to the Lessor, declaring this Lease to be terminated provided, however, that, as a condition precedent to such termination, all proceeds of insurance proceeds required to be maintained by Lessee under Section 9(a) of this Sublease agreement Article 11.1 shall be paid to SublessorLessor, or, if Lessee fails to maintain the insurance required to be maintained by Lessee under Article 11.1, an amount equal to the insurance proceeds which would have been available but for such failure shall be paid by Lessee to Lessor. Likewise if a substantial portion Unless such notice of the Premises (but not a substantial portion immediate termination shall be given within such 30-day period and proceeds of the Subleased Premises) insurance are so damaged such that Sublessor determines that it will not paid to Lessor, this Lease shall continue in full force and effect and Lessee shall promptly repair such damages, and/or restore destruction or damage and cause the premises, then Sublessor at its sole option may terminate this Sublease as of Leased Premises to be restored to their condition prior to the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessorevent causing the destruction or damage. In the event that Sublessor the Leased Premises are destroyed or Sublessee elects to terminate the Subleasedamaged, or partially destroyed or damaged, the Sublessee monthly rent payable by Lessee shall pay the rent apportioned be abated proportionately according to the time floor area of damage and the Leased Premises which is useable by Lessee. Such abatement shall immediately surrender continue for the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Sublease, Sublessor agrees to repair or replace as required period commencing with such damage to or destruction and ending when Lessee completes repair work or reconstruction, provided Lessee diligently commences and expeditiously completes the Premises and the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), and this Sublease shall not be affected in any manner except that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premises. If the damage by any of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment of the Subleased Premises, then Sublessor shall repair the same promptly and in that case the rent accrued work or accruing shall not xxxxxreconstruction.

DAMAGE TO OR DESTRUCTION OF PREMISES. If, during the term Without prejudice to paragraph 9 of this SubleaseContract, in case the leased premises/permanent improvements placed on the premises shall be partially damaged or destroyed, by any cause not covered by insurance, LESSEE shall immediately repair, restore or reconstruct or cause to be repaired, restored or reconstructed said damage or destroyed improvements to the condition thereof immediately prior to such damage or destruction. The failure of the LESSEE to complete the repair, reconstruction or restoration to its original condition within thirty (30) calendar days from the occurrence of the loss/damage shall be a material breach which will entitle the LESSOR to terminate this lease, unless the LESSOR grants an extension. If the damage is so extensive as to amount virtually to the total destruction of the premises or the permanent improvements, the Subleased Premises are lease will be deemed terminated after occurrence of the casualty and the rent shall be apportioned to the time of the damage. Notwithstanding the above provisions, if the premises or the building is damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, fire or other casualty so that due to the same are rendered wholly fault or substantially unfit for occupancynegligence of the LESSEE or its servants, Sublessor employees, agents, visitors or licensees, then, without prejudice to any other rights, remedies or cause of action the LESSOR may have against the LESSEE, the damage shall promptly notify Sublessee whether the Subleased Premises can be repaired to be fully fit for Sublessee's occupancy. If pursuant to said notice said Subleased Premises cannot be repaired within sixty (60) days from by the time of such damage, then this Sublease, LESSEE or by LESSOR at the option of LESSEE’s expense and the Sublessor or Sublessee, may be terminated as of the date of such damage and any insurance proceeds under Section 9(a) of this Sublease agreement LESSEE shall be paid liable to Sublessor. Likewise if a substantial portion of pay the Premises (but not a substantial portion of the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damages, and/or restore the premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessorrent. In the event that Sublessor the leased premises are totally destroyed or Sublessee elects to terminate cannot be used for the Subleasepurposes of the LESSEE or rendered uninhabitable by fortuitous event, as determined jointly by the LESSOR and LESSEE, whether insured against or not, the Sublessee lease shall pay the rent apportioned to the time of damage be terminated and shall immediately surrender the Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or the Sublessee elects to terminate the Subleaseextinguished, Sublessor agrees to repair or replace as required such damage to the Premises and the Subleased Premises (but not LESSEE’s obligation to any Sublessee improvements made by Sublessee to pay further rentals shall likewise be deemed extinguished. In which case, the extent it receives insurance proceeds)Security Deposit and the unused Advance Rent, and this Sublease if any, shall not be affected in any manner except forfeited and shall be returned by the LESSOR to the LESSEE within thirty (30) days’ from the joint- determination by the LESSOR and the LESSEE that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have lease has been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same shall be repairable within sixty (60) days from the time of such damage, Sublessor shall repair the Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premisesextinguished. If the damage destruction is partial, as determined jointly by any the LESSOR and LESSEE, LESSEE may choose between a proportional reduction of the above casualties is so slight that Sublessee is not disturbed in its possession and enjoyment rent or rescission of the Subleased Premises, then Sublessor shall repair the same promptly and in that case the rent accrued or accruing shall not xxxxxlease.