Common use of Damage to the Premises Clause in Contracts

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, employees or invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be obligated fully repaired within ninety (90) days from the date of such damage, Landlord upon written notice to repair the Tenant, in which event the rent shall be apportioned and paid to date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy and the rent for such space shall be that portion of the total rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square foot area of the Premises. All injury or damage to the Premises or the Building caused by Tenant or its agents, employees and invitees, shall be repaired by Landlord, and any cost so incurred by Landlord not covered by insurance shall be paid by Tenant in which event such cost shall become additional rent payable with the installment of rent next becoming due under the terms of this Lease. Notwithstanding the foregoing, in the event the Premises are damaged following the second anniversary of the Commencement Date and the repair of the same shall take longer than ninety (90) days, Tenant shall have the right to terminate this Lease if upon written notice to Landlord provided Tenant shall remain responsible for the Premises are substantially damaged or destroyed by fire or any other cause during payment of rent through the last two (2) years date of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofdamage.

Damage to the Premises. If the Demised Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be is damaged or destroyed by fire or other casualty covered to such an extent as to render the Demised Premises unfit for conducting business or if the Store Premises building within which the Demised Premises is situated is so seriously damaged by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably other casualty that it shall be repaired within ninety (90) working days from necessary to perform major repair or rebuild the happening thereofStore Premises building, then and in that event Landlord or Tenant may cancel this Lease by giving notice in writing not later than thirty (30) days after the damage to the Demised Premises or Store Premises building shall proceed with all reasonable speed to repair have occurred; and upon the giving of such damage or destructionnotice, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as and all the rights and obligations of Landlord and Tenant hereunder shall cease and terminate; provided, however, that Tenant shall be responsible for the payment of all rent through the date of such damage damage. In the event that the Landlord or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease Tenant shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled elect to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlordcancel. Notwithstanding the foregoingthis Lease, Landlord shall have commence the right to receive the full amount repair, rebuilding and/or reconstruction of the proceeds of any business interruption insurance for Demised Premises or Store Premises building within a reasonable time after the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not Demised Premises or Store Premises building. In the event the Demised Premises or Store Premises building should be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially partially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage casualty, but not to such an extent as to require complete rebuilding or destruction a complete reconstruction of the Demised Premises is so minor or Store Premises building it shall be the duty of Landlord to commence within a reasonable time the work of repairing or rebuilding the Demised Premises or Store Premises building to their condition existing before the destruction; provided, however, that throughout any period during which the Demised Premises remain fit for occupancyare fully or partially untenantable, then Landlord shall repair such damage by reason of fire or destruction as promptly as reasonably possible and other casualty resulting in either partial or total destruction, there shall be no an abatement of Fixed Minimum Rent as a result thereofrent in proportion to the portion of the Demised Premises rendered untenantable. Subject to paragraph 14 hereinabove, Tenant shall carry sufficient replacement insurance to pay for rebuilding the Demised Premises, including all of Tenant's fixtures and machinery and other personal property that it owns or leases located in the Demised Premises.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord elects, as set forth herein, to repair, then Landlord shall proceed diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with all reasonable speed to any insurance company involved) repair such damage or destruction, exclusive to completion at the expense of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord’s sole judgment, the damage cannot be substantially repaired within one hundred eighty (180) days after the date of such damage, which determination Landlord shall have the right communicate to receive the full amount Tenant within sixty (60) days of the proceeds date of any business interruption insurance for such damage, then Landlord or Tenant, within thirty (30) days from the undiminished Fixed Minimum date of such determination, may terminate this Lease by notice to the other. If either Landlord or Tenant terminates this Lease, the Rent and there shall be no reduction apportioned and paid to the later of the date of such event of damage or the date Tenant vacates the Premises. If neither Landlord nor Tenant so elects to terminate this Lease, then Landlord shall proceed to repair and restore the Premises and the Building (exclusive of Tenant’s personal property, including, but not limited to equipment, furniture, fixtures, furnishings and leasehold improvements which are the responsibility of Tenant) to the condition the Premises and the Building were in Fixed Minimum Rent if immediately prior to such damage. If the damage required to be repaired by Landlord is not repaired within three hundred sixty-five (365) days from the date of such damage, Tenant, within thirty (30) days from the expiration of such three hundred sixty-five (365) day period, may terminate this Lease by notice to Landlord. During the period that Tenant is deprived of the use of the damaged portion of the Premises, and provided such damage or destruction was is not the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant, its agents, employees, invitees, customers and employees’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 270 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of this Lease. If Landlord elects or is required Without limitation to restore the foregoing, if the Premises or the Building are damaged by fire or other casualty and promptly commences and thereafter diligently pursues Landlord’s reasonable estimate of the cost to repair such restorationdamage exceeds the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair such damage and may terminate this Lease shall not terminate, notwithstanding that as of the actual time required for date of such repairs or restoration may exceed that contemplated damage by the parties and Tenant written notice to Tenant. Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Project resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant’s expense, subject to the foregoingwaivers in Section 15.5, Landlord and Rent shall have the right not xxxxx nor shall Tenant be entitled to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesterminate this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or (iii) personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant’s rights under California Civil Code Section 1932(2) and 1933(4) and agrees that in the event of any casualty, the terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole but reasonable judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Basic Rent shall not abatx, xxcept in the event of mutual waiver of subrogation. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently, and extended coverage insurance and as soon as practicable after such damage occurs, repair such damage at the expense of Landlord, except as otherwise provided in this Section 21.1 and provided, however, that Landlord shall only be obligated to repair such damage to the extent of proceeds of insurance actually received by Landlord (reduced by any proceeds retained pursuant to the rights of any Mortgagee). Notwithstanding the foregoing, (i) if the Building is damaged by fire or destruction other cause to such an extent that, in Landlord's reasonable judgment, (exclusive a) the damage cannot be substantially repaired within two hundred seventy (270) days after the date of Tenant’s leasehold improvementssuch damage, or (b) could insurance proceeds and other funds available to Landlord are not sufficient to reasonably be repaired repair such damage, or (ii) if the Building is damaged during the last two (2) Lease Years of the Term, then Landlord may terminate this Lease by giving written notice to Tenant within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair date of such damage or destruction, exclusive of Tenant’s leasehold improvements which and the termination shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate effective as of the date of the notice. Further, if the Building is damaged by fire or other cause during the last Lease Year of the Term and more than thirty percent (30%) of the rentable area of the Building is rendered untenantable by such damage, Tenant may terminate this Lease by giving written notice to Landlord within ninety (90) days from the date of such damage or destruction and both parties the termination shall be released from further liability hereundereffective as of the date of the notice. If this Lease shall be terminated under this Section 21.1, without prejudice, however, to any rights accruing to either party prior the Rent shall be apportioned and paid to the date of such damage or destructiontermination. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding be terminated and the damage required to be repaired by Landlord is not repaired to such an extent that the actual time required Building is tenantable for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion conduct of the Premises Permitted Use within two hundred seventy (270) days from the date of which such damage, Tenant, within thirty (30) days from the expiration of such two hundred seventy day (270) period, may terminate this Lease by notice to Landlord. During the period that Tenant is deprived of possession on account the use of the damaged portion of the Building, Rent for such damage portion shall abate proportionately, provided that if by reason of the fire or destruction or othxx xxsualty Tenant is unable reasonably to conduct its business within the undamaged portion of the Building, all Rent shall abate as if the entire Building were untenantable. Any abatement of Xxxx under this Section shall continue until the first to occur of (1) expiration of fifteen (15) days following completion by Landlord of the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds Building or the date Landlord would have completed the repair or restoration in the absence of any delay caused by Tenant, or (2) the date Tenant resumes conduct of its business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage operations within all or destruction was the result any substantial portion of the fault or neglect Building (provided that the abatement shall terminate proportionately as Tenant re-occupies any portion of Tenant, its agents, employees, invitees, customers and employeesthe Building that Tenant was forced to vacate by reason of the casualty). Notwithstanding anything in this Lease Section 21.1 to the contrary, Landlord shall not be obligated required to rebuild, replace or repair any damage to the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed Tenant Work, any Alterations made by fire Tenant, or any other cause during the last two (2) years of the term of items required to be covered by Tenant's property insurance under Section 17.3. Instead, unless this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the terminates in accordance with this Section 21.1, Tenant shall diligently, and as soon as practicable after such damage or destruction of the Premises is so minor that the Premises remain fit for occupancyoccurs, then Landlord shall repair such damage or destruction as promptly as reasonably possible at the expense of Tenant and there the proceeds of Tenant's property insurance shall be no abatement of Fixed Minimum Rent as a result thereofmade available for this purpose.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall ---------------------- be damaged or destroyed by fire or other casualty covered by standard policies insured cause other than the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred seventy (90270) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty is not the consequence of the fault or negligence of Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within sixty (60) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage to the Premises or the repair Project resulting from the willful misconduct of Tenant or restoration thereof undertaken its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant's rights under California Civil Code Sections 1932 (2) years and 1933 (4) and agrees that in the event of any casualty, the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shall, shall be damaged by fire or ---------------------- other cause without the fault or neglect on negligence of Tenant or its Agents. Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the part time necessary to effect a satisfactory settlement with any insurance company involved and any delays beyond the direct control of Landlord) repair such damage to the Premises (excluding the Tenant's Property) at the expense of Landlord; provided, its agentshowever, employeesthat Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, invitees, customers (i) if the Premises or employees, be the Building is damaged or destroyed by fire or other casualty covered by standard policies cause to such an extent that, in Landlord's sole judgment, such judgment to be communicated to Tenant within sixty (60) days after the damage, the damage cannot be substantially repaired within one hundred twenty (120) days after the date of fire and extended coverage insurance and permit issuance necessary for the repair of such damage damage, then Landlord or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired Tenant within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage may terminate this Lease by written notice to the other, or destruction and both parties (ii) if the Premises are damaged during the last Lease Year, then Landlord or Tenant within thirty (30) days from the date of such damage may terminate this Lease by written notice to the other. If either Landlord or Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructioncasualty. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred twenty (120) days from the Premises and promptly commences and thereafter diligently pursues date of permit issuance to cause the repair of such restorationdamage (such 120-day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such 120-day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by written notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage or destruction or is not the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant, its agents, employees, invitees, customers and employees's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises or square footage inaccessible due to such damaged bears to the total rentable square footage of the Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit Tenant's Property, except for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.Alterations

Damage to the Premises. If the Premises shallor the Building are destroyed or damaged by fire, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire earthquake or other casualty covered by standard policies to the extent that they are untenantable in whole or in part, then Landlord shall proceed with reasonable diligence to rebuild and restore the Premises or such part thereof as may be destroyed or damaged; provided (i) Landlord has received the insurance proceeds payable on account of fire and extended coverage insurance and such damage or destruction (exclusive of which insurance proceeds Landlord shall attempt to collect with reasonable diligence), (ii) such damage or destruction is not caused by Tenant or its agents or employees, (iii) the period for electing to terminate this Lease as provided below in this Paragraph has passed and this Lease has not been terminated, and (iv) Landlord shall not be responsible for Tenant’s leasehold improvements) could trade fixtures, furnishings, furniture, equipment or personal property. Such rebuilding and restoration shall be at Landlord’s expense if such damage is insured by Landlord or required hereunder to be insured by Landlord and at Tenant’s expense if such damage is caused by Tenant, its employees, agents, invitees or guests and not required to be insured hereunder by Landlord. During the period of such rebuilding and restoration, unless the damage or destruction is caused by Tenant, its employees, agents, invitees or guests, the rent shall be abated in the same proportion as the rentable area in the portion of the Premises rendered untenantable shall bear to the total rentable area of the Premises. If such destruction or damage cannot reasonably be repaired within ninety (90) working days from the happening thereofdays, then Landlord shall proceed with all reasonable speed to repair such so notify Tenant within fifteen (15) days after Landlord is notified of the damage or destruction. In such event, exclusive of Tenant’s leasehold improvements which shall be Landlord or Tenant may, within fifteen (15) days after such notice, terminate this Lease by written notice thereof to the sole responsibility of Tenantother party. If Landlord or Tenant does not terminate the Premises cannot reasonably be restored within said ninety Lease during that fifteen (9015) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage remain in effect and Landlord shall diligently proceed to repair or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore reconstruct the Premises and promptly commences rent shall axxxx subject to and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that in accordance with the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term preceding provisions of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofParagraph.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, however, that Landlord’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord’s sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant’s expense, and Basic Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction (exclusive occurs taking into account the time necessary to effect a satisfactory settlement with any insurance company involved, repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) plus any deductible(s) applicable to Landlord's insurance. Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment equitably applied to tenants with similar damages, remaining lease terms, and repair requirements, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord not Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share of Landlord's Operating Expense shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage; provided, however, that if in excess of twenty-five percent (25%) of the floor area of the Premises shall be damaged by the casualty at issue, then, at Tenant's election, and if Tenant shall cease its business operations within the Premises, then all Rent ordinarily payable with respect to the Premises shall xxxxx from the date of casualty until such time as the damage is substantially repaired. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Base Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any actual, reasonable, out-of-pocket third party. expense including labor and management time so incurred by Landlord, together with interest thereon at the full amount Interest Rate from ten (10) business days after Tenant's receipt of the proceeds of any business interruption insurance demand for the undiminished Fixed Minimum Rent and there payment, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result paid by Tenant within ten (10) business days of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesdemand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.Tenant

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to occurs repair such damage using the proceeds of insurance carried by Landlord pursuant to this Lease (provided that, if the fire or destructioncasualty is due to the fault or negligence of Tenant or its Agents, exclusive of Tenant’s leasehold improvements which Landlord's repair and restoration obligation shall be limited to the sole responsibility amount of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then insurance actually received by Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date in respect of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlordcasualty). Notwithstanding the foregoing, Landlord shall have if the right Premises or the Building is damaged by fire or other cause to receive such an extent that, in Landlord's sole judgment, the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall cannot be obligated to repair substantially repaired within two hundred (200) days after the Premises and Landlord shall have the right to terminate this Lease date of such damage, or if the Premises are substantially damaged or destroyed by fire or any other cause to an extent such that repair would cost in excess of $200,000 during the last two (2), then either Landlord or Tenant may, within thirty (30) years days after the date Landlord notifies Tenant of its estimate of the term timing or cost of such repair, terminate this Lease or by notice to the other. Landlord shall give Tenant written notice of Landlord's estimate of the time required for the substantial repair of such damage (or, if in the Building last two Lease Years, of the estimated cost of such repairs) within thirty (whether or not Premises are damaged or destroyed30) or days after the Common Areas are substantially destroyed by fire or other causedate of such damage. If either Landlord or Tenant terminates this Lease pursuant to this Article 21, the Rent shall be apportioned and paid to the date of such termination. If neither Landlord nor Tenant so elects to terminate this Lease but the damage required to be repaired by Landlord is not repaired within two hundred (200) days from the date of such damage, or destruction such longer period as was set forth in Landlord's estimate (such period to be extended by the period of any delay resulting from Force Majeure, as defined in Section 28.16, and by any period of delay caused by the acts or omissions of Tenant or Tenant's Agents), Tenant may terminate this Lease at any time thereafter until such reconstruction is completed upon thirty (30) days prior written notice to Landlord, PROVIDED that if such reconstruction is substantially underway as of the date of Tenant's notice of termination to Landlord, and Landlord substantially completes such reconstruction within the thirty (30) day period after its receipt of Tenant's notice of termination, then in such event the notice of termination from Tenant shall be deemed rescinded, and this Lease shall continue in full force and effect. During the period that Tenant is deprived of the use of the damaged portion of the Premises, Base Rent and Additional Rent shall be reduced by the ratio that the rentable square footage of the Premises is so minor that damaged bears to the total rentable square footage of the Premises remain fit for occupancybefore such damage. Notwithstanding anything herein to the contrary, then Landlord's repair and restoration obligation shall be limited to the Tenant Improvements originally constructed by Landlord hereunder, and shall not apply to (and Landlord shall repair such damage not be required to rebuild, replace or destruction as promptly as reasonably possible and there shall be no abatement repair) any Alterations, any personal property and/or any specialized equipment of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies insured cause other than the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, however, that Landlord’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Building is damaged by fire or destructionother insured cause to such an extent that, exclusive of Tenantin Landlord’s leasehold improvements which shall be sole judgment, the sole responsibility of Tenant. If the Premises damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, then or if the Building is substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty is not the consequence of the fault or negligence of Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 180-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within forty-five (45) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Building, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Building damaged bears to the total rentable square footage of the Building before such damage. All injury or damage to the Building or the repair Project resulting from the willful misconduct of Tenant or restoration thereof undertaken its Agents shall be repaired by LandlordTenant, at Tenant’s expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant’s rights under California Civil Code Sections 1932 (2) years and 1933 (4) and agrees that in the event of any casualty, the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. (a) If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 240 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 240-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 45 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of this Lease. If Landlord elects or is required Without limitation to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have if the right Premises or the Building are damaged by fire or other casualty and Landlord’s reasonable estimate of the cost to receive the full amount of repair such damage exceeds the proceeds of insurance available to Landlord (reduced by any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease proceeds retained pursuant to the contraryrights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair the Premises such damage and Landlord shall have the right to may terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years as of the term date of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there by written notice to Tenant. Rent shall be no abatement apportioned and paid to the date of Fixed Minimum Rent as a result thereofsuch damage.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently, and extended coverage insurance and as soon as practicable after such damage occurs, repair such damage at the expense of Landlord, except as otherwise provided in this Section 21.1 and provided, however, that Landlord shall only be obligated to repair such damage to the extent of proceeds of insurance actually received by Landlord (reduced by any proceeds retained pursuant to the rights of any Mortgagee). Notwithstanding the foregoing, (i) if the Building is damaged by fire or destruction other cause to such an extent that, in Landlord's reasonable judgment, (exclusive a) the damage cannot be substantially repaired within two hundred seventy (270) days after the date of Tenant’s leasehold improvementssuch damage, or (b) could insurance proceeds and other funds available to Landlord are not sufficient to reasonably be repaired repair such damage, or (ii) if the Building is damaged during the last two (2) Lease Years of the Term, then Landlord may terminate this Lease by giving written notice to Tenant within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair date of such damage or destruction, exclusive of Tenant’s leasehold improvements which and the termination shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate effective as of the date of the notice. Further, if the Building is damaged by fire or other cause during the last Lease Year of the Term and a Substantial Part of the rentable area of the Premises is rendered untenantable by such damage, Tenant may terminate this Lease by giving written notice to Landlord within ninety (90) days from the date of such damage or destruction and both parties the termination shall be released from further liability hereundereffective as of the date of the notice. If this Lease shall be terminated under this Section 21.1, without prejudice, however, to any rights accruing to either party prior the Rent shall be apportioned and paid to the date of such damage or destructiontermination. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding be terminated and the damage required to be repaired by Landlord is not repaired to such an extent that the actual time required Premises are tenantable for the conduct of the Permitted Use within two hundred seventy (270) days from the date of such damage, Tenant, within thirty (30) days from the expiration of such two hundred seventy (270) day period, may terminate this Lease by notice to Landlord. During the period that Tenant is deprived of the use of the damaged portion of the Premises, Rent for such repairs portion shall abate proportionately, provided that if by reason of the fire or othxx xxsualty Tenant is unable reasonably to conduct its business within the undamaged portion of the Premises, all Rent shall abate as if the entire Premises were untenantable. Any abatement of Xxxx under this Section shall continue until the first to occur of (1) expiration of fifteen (15) days following completion by Landlord of the repair or restoration may exceed that contemplated of the Building or the date Landlord would have completed the repair or restoration in the absence of any delay caused by Tenant, or (2) the parties and date Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that resumes conduct of its business operations within all or any substantial portion of the Premises of which (provided that the abatement shall terminate proportionately as Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount re occupies any portion of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction Premises that Tenant was the result forced to vacate by reason of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeescasualty). Notwithstanding anything in this Lease Section 21.1 to the contrary, Landlord shall not be obligated required to rebuild, replace or repair any damage to the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed Tenant's Work, any Alterations made by fire Tenant or any other cause during the last two (2) years of the term of items required to be covered by Tenant's property insurance under Section 17.3. Instead, unless this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the terminates in accordance with this Section 21.1, Tenant shall diligently, and as soon as practicable after such damage or destruction of the Premises is so minor that the Premises remain fit for occupancyoccurs, then Landlord shall repair such damage or destruction as promptly as reasonably possible at the expense of Tenant and there the proceeds of Tenant's property insurance shall be no abatement of Fixed Minimum Rent as a result thereofmade available for this purpose.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years unless Tenant is willing to exercise its Option to Renew the Term, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Basic Rent shall not abatx, xxless a mutual waiver of subrogation is in force. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the any part of Tenant, its agents, employees, invitees, customers or employees, thereof shall be damaged or destroyed by fire or other casualty covered casualty, the Parties shall give immediate notice thereof to one another and this Lease shall continue in full force and effect except as hereinafter set forth. If less than Twenty-Five percent (25%) of the Premises is damaged or rendered partially unusable by standard policies of fire and extended coverage insurance and such or other casualty, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably thereto shall be repaired by and at the sole expense of Landlord and the rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty according to the part of the Premises which is usable. If the Twenty-Five percent(25%) or more of the Premises are damaged or rendered wholly unusable by fire or other casualty, then the rent shall be proportionately paid up to the time of the casualty and thence forth shall cease until the date when the Premises shall have been repaired and restored, subject to the parties' right to terminate this Lease as hereinafter provided. If Twenty-Five percent (25%) or more of the premises is rendered unusable or (Whether or not the 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 if the Premises is rendered inaccessible, then, in any of such events, Landlord or Tenant may elect to terminate this Lease by written notice to other, given within one hundred and twenty (120) days after such fire or casualty. Upon such termination, Landlord and Tenant shall be released from any obligations under this Lease, except obligations previously accrued. Unless such a termination notice is served, Landlord shall make the repairs and restorations under the conditions as described herein above, with all reasonable expedition, subject to delays due the adjustment of insurance claims, labor troubles and causes beyond Landlord's control but in any event, Landlord shall fully restore any partial or complete casualty within ninety (90) working days of occurrence, or Tenant may terminate this Lease. After any such casualty, Tenant shall cooperate with Landlord's restoration by removing from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible possible, all of Tenant's salvageable inventory and there movable equipment, furniture, and other property. Tenant's liability for rent shall be no abatement of Fixed Minimum Rent as a result thereofresume ten (10) business days after the Premises are fully ready for Tenant's occupancy.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive (i) if more than twenty percent (20$) of Tenant’s leasehold improvements which shall be the sole responsibility floor area of Tenant. If the Premises or the Building is damaged or destroyed, or (ii) if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days after the date of such damage damage, or destruction and both parties shall be released (iii) if the Premises are damaged during the last two (2) Lease Years, then Landlord may terminate this Lease by notice to Tenant within sixty (60) days from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destructiondamage. If Landlord elects or is required to restore During the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, shall be damaged by fire or ----------------------- other cause without the fault or neglect on negligence of Tenant or its Agents, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the part time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, its agentshowever, employeesthat Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, invitees, customers if the Premises or employees, be the Building is damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and cause to such an extent that, in Landlord's sole judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety one hundred eighty (90180) working days from after the happening thereofdate of such damage, or if the Premises are damaged during the last Lease Year , then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored Tenant within said ninety thirty (9030) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Basic Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any above-standard work or destroyed by fire improvements or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire insured cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's reasonable judgment, the damage cannot reasonably be restored substantially repaired within said ninety 270 days after the date of such damage, or if the Premises are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then Land­lord may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Building resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant's expense, and Rent shall not xxxxx nor shall Tenant be entitled to terminate the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesLease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building following: (whether or not Premises are damaged or destroyedi) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly specialized Tenant improvements as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofdetermined by Landlord; (ii) Altera­tions; or (iii) Tenant's Property.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies insured cause other than the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, however, that Landlord’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord’s sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred seventy (90270) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty is not the consequence of the fault or negligence of Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within sixty (60) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Project resulting from the willful misconduct of Tenant or restoration thereof undertaken its Agents shall be repaired by LandlordTenant, at Tenant’s expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred (90100) day perioddays after the date of such damage, or if 50% or more of the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminate this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred (100) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred (100) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred (100) day period (as the same may be extended), may -28- 29 terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises is unreasonably unuseable because of the damage bears to the total rentable square footage of the Premises before such damage. All injury as damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any nonstandard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part Building shall be damaged by fire or other insured cause other than the willful misconduct of Tenant, Tenant or its agents, employees, inviteesrepresentatives, customers invites or employeeslicensees, be Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and insured cause to such an extent that, in Landlord’s sole judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety two hundred seventy (90270) working calendar days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty is not the consequence of the fault or negligence of Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) calendar days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within sixty (60) calendar days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its agents, agents, employees, representatives, invites or licensees Base Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage to the Premises or the repair Project resulting from the willful misconduct of Tenant or restoration thereof undertaken its agents, agents, employees, representatives, invites or licensees, shall be repaired by LandlordTenant, at Tenant’s expense, and neither Base Rent nor Additional Rent shall xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises, or any part thereof, shall be damaged by fire, the elements, the public enemy or other casualty, the Premises shallshall be restored, replaced and rebuilt by the Lessee with due diligence in accordance with the plans and specifications for the Premises, including, without fault limitation, the same or neglect on higher quality of materials, as they existed prior to such damage by and at the part expense of Tenantthe Lessee and if such damage is covered by insurance, the proceeds thereof (other than proceeds of any business interruption or similar insurance) actually made available to the Lessee shall be used by the Lessee for that purpose, subject to any requirements in the Lessee’s Financing Documents if any, regarding the conditions to the release of the proceeds of casualty insurance from the collateral account of the Lessee; it being understood that, notwithstanding anything to the contrary in the Lessee’s Financing Documents, no portion of casualty insurance proceeds can be used for any purpose other than the restoration, replacement and rebuilding of the Premises until the Premises have been restored as required by this paragraph (b), to the Port Authority’s satisfaction. Provided that the Lessee has carried insurance required by this Section 17 (Damage to or Destruction of the Premises), in the event that a casualty event occurs (other than a result of the breach, gross negligence or willful misconduct of the Lessee, its agents, employees, inviteesofficer, customers directors, shareholders, managers, members or employeespartners, or any of its Contractors, as applicable, in which case the Lessee shall not be damaged or destroyed entitled to propose a plan as provided in this sentence) with respect to which the amount of insurance proceeds received by fire the Lessee is insufficient to restore, replace and rebuild the affected facilities as set forth above, then the Lessee may promptly propose a plan with respect to (i) reasonable modifications to the affected facilities that would allow such facilities to be restored, replaced and rebuilt, solely with the insurance proceeds made available for such purpose (including by making use of reasonable value engineering or other design approaches to reduce applicable rebuilding costs) at least to the extent of the value and as nearly as possible to the condition, quality and class of such affected facility existing immediately prior to such casualty covered by standard policies and (ii) any modifications to the technical requirements of fire this Agreement applicable to the D&C Work (including the Requirements and extended coverage insurance and Provisions for Work) that may be necessary or appropriate to implement the proposed modifications to the affected facilities. The Lessee’s plan will be subject in all respects to the Port Authority’s approval in its sole discretion, such damage approval to be received before any restoration, replacement or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenantrebuilding may commence. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, Lessee has exercised its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed letting hereunder in accordance with Sections 54 (Termination by fire or any other cause during Lessee) and 55 (Effect of Termination by Lessee), subject to the last two (2) years rights of the term of this Lease or if Recognized Mortgagee pursuant to Section 89 (Project Financing), the Building (whether or not Premises are damaged or destroyed) or Lessee shall turn over all casualty insurance proceeds to the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as Port Authority promptly as reasonably possible and there shall be no abatement when received or otherwise ensure receipt by the Port Authority of Fixed Minimum Rent as a result thereofall casualty insurance proceeds.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved and any delays beyond the direct control of Landlord) repair such damage to the Premises (excluding the Tenant’s leasehold improvements's Property) could reasonably be repaired within ninety (90) working days from at the happening thereofexpense of Landlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, (i) if the Premises or destructionthe Building is damaged by fire or other cause to such an extent that, exclusive in Landlord's reasonable judgment, the damage cannot be substantially repaired within three hundred sixty five (365) days after the date of such damage then Landlord within sixty (60) days from the date of such damage shall inform Tenant in writing of Landlord's election as to whether Landlord intends to rebuild, replace or repair such damage. Thereafter, either Landlord or Tenant may within sixty (60) days from the date of Tenant’s leasehold improvements which shall 's receipt of Landlord's prior written election terminate this Lease by written notice to the other (such termination to be effective on the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety one hundred twenty first (90121st) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of after the date of such damage or destruction and both an earlier date to be mutually agreed upon in writing by the parties hereto). If the Premises are damaged during the last Lease Year, then Landlord or Tenant within thirty (30) days from the date of such damage may terminate this Lease by written notice to the other. If either Landlord or Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within three hundred sixty five (365) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage, then Tenant, within thirty (30) days from the expiration of such three hundred sixty five (365) day period may terminate this Lease shall not terminate, notwithstanding by written notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the repair or restoration thereof undertaken by Landlordratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. Notwithstanding Furthermore, to the foregoing, extent that Landlord shall have the right to receive the full amount of actually receives the proceeds of any business interruption rent loss insurance for the undiminished Fixed Minimum applicable period of casualty and repair, Tenant shall receive an equal amount of credit/offset against its Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesobligations otherwise due under this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair of the Tenant's Property. In the event that neither party terminates this Lease as aforesaid, Tenant shall be required to repair or replace the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant's Property.

Damage to the Premises. If (a) In the event any portion of the Premises shallis damaged by fire, without fault earthquake, action of the elements or neglect on the part of Tenantany other casualty, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably can be repaired and the Premises restored to their former condition within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage damage, then, unless otherwise provided in Paragraph 23(b) hereof, Landlord shall, at its expense proceed --------------- immediately to make such repairs, provided that any mortgagee or destruction and both parties lender of Landlord shall be released from further liability hereunder, without prejudice, however, have made available to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs any and all insurance proceeds otherwise payable to Landlord. If such insurance proceeds are not made available to Landlord, Landlord shall have the option either (i) to pay any shortfall from his own funds and complete such repairs as aforesaid, or restoration (ii) terminate this Lease. However, Landlord's obligation to repair shall be limited to those items that Landlord was obliged to build at its own expense. Notwithstanding the foregoing, in the event that there are insufficient insurance proceeds to cover the cost of repairs, Tenant may exceed that contemplated avoid a termination of this Lease by the parties depositing sufficient funds to cover any shortfall in an escrow account with a depository mutually satisfactory to Landlord and Tenant, such funds to be held and disbursed by such depository pursuant to written escrow instructions executed by both Landlord and Tenant. Such partial destruction shall not serve to terminate this Lease, but Tenant shall be entitled to a temporary reduction proportionate abatement of the installments of rent and all other charges in Fixed Minimum Rentthe nature of additional rent payable during the period commencing on the date of such partial destruction and ending upon completion of all such repairs, as determined by Landlord, corresponding to which abatement shall be based upon the time during which and that portion of the Premises of which rendered unsuitable for use by Tenant is deprived of possession on account of during such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofperiod.

Damage to the Premises. If (a) In the event any portion of the Premises shallis damaged by fire, without fault earthquake, action of the elements or neglect on the part of Tenantany other casualty, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably can be repaired and the Premises restored to their former condition within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage damage, then, unless otherwise provided in Paragraph 23(b) hereof, Landlord shall, at its expense proceed immediately to make such repairs, provided that any mortgagee or destruction and both parties lender of Landlord shall be released from further liability hereunder, without prejudice, however, have made available to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs any and all insurance proceeds otherwise payable to Landlord. If such insurance proceeds are not made available to Landlord, Landlord shall have the option either (i) to pay any shortfall from his own funds and complete such repairs as aforesaid, or restoration (ii) terminate this Lease. However, Landlord's obligation to repair shall be limited to those items that Landlord was obliged to build at its own expense. Notwithstanding the foregoing, in the event that there are insufficient insurance proceeds to cover the cost of repairs, Tenant may exceed that contemplated avoid a termination of this Lease by the parties depositing sufficient funds to cover any shortfall in an escrow account with a depository mutually satisfactory to Landlord and Tenant, such funds to be held and disbursed by such depository pursuant to written escrow instructions executed by both Landlord and Tenant. Such partial destruction shall not serve to terminate this Lease, but Tenant shall be entitled to a temporary reduction proportionate abatement of the installments of rent and all other charges in Fixed Minimum Rentthe nature of additional rent payable during the period commencing on the date of such partial destruction and ending upon completion of all such repairs, as determined by Landlord, corresponding to which abatement shall be based upon the time during which and that portion of the Premises of which rendered unsuitable for use by Tenant is deprived of possession on account of during such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofperiod.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, should be damaged or destroyed during the Term hereof by fire or other casualty covered by standard policies of the peril insured under fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofpolicies referenced in this Lease, then Landlord shall proceed with all reasonable speed (except as hereafter provided) repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction and this Lease shall continue in full force and effect. In the event that (a) the Premises are damaged as a result of any cause other than peril covered by Landlord's insurance or (b) the Premises are damaged as a result of fire or other peril covered by Landlord's insurance, but the cost to repair such damage shall exceed available insurance proceeds, or destructionLandlord's lender does not allow Landlord to utilize sufficient insurance proceeds to repair the damage, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, at its option, either repair such damage as soon as reasonably practicable at Landlord's expense (but shall not be required toin no event later than 180 days following the date of the occurence), elect to restore the Premises. If Landlord does not elect to restore the Premises, then in which event this Lease shall continue in full force and effect, or give written notice to Tenant within thirty (30) days after the occurrence of the damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior damage. Notwithstanding anything to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restorationcontrary herein, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled responsible for and shall pay to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to Landlord the time during which and that portion reasonable cost of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that caused by the negligence or willful misconduct of Tenant, its employees, agents or invitees. Tenant's obligation to pay for such repairs or restoration shall be reduced by any insurance proceeds payable to Landlord, but only to the extent such insurance provides for a waiver of subrogation which permits such a reduction of Tenant's obligations. Tenant shall vacate such portion of the Premises remain fit for occupancy, then as Landlord shall reasonably requires to enable Landlord to repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofthe Premises.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, premises shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord, provided, however, that if the premises or destruction (exclusive of Tenant’s leasehold improvements) could reasonably Building are damaged by fire or other cause to such an extent that the damage cannot be fully repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties damage, Landlord, upon written notice to Tenant, may terminate this Lease, in which event the rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiondamage. If Landlord elects or During the period that Tenant is required to restore deprived of the Premises and promptly commences and thereafter diligently pursues such restorationuse of the damaged portion of the Premises, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled required to a temporary reduction pay rent (as set forth in Fixed Minimum Rent, as determined by Landlord, corresponding paragraph 4) covering only that part of the Premises that Tenant is able to occupy and the time during which and rent for such space shall be that portion of the total rent which is the amount of square foot area remaining of the Premises; provided, that if Tenant cannot operate its business in the undamaged space, then Tenant shall receive a total rent abatement. All injury or damage to the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair Building (other than damage normally insured against under Landlord’s fire and extended coverage policies) caused by Tenant or restoration thereof undertaken by Landlordits agents, employees and invitees, shall be repaired at Tenant’s sole cost and expense. Notwithstanding the foregoingIf Tenant shall fail to do so, Landlord shall have the right to receive the full amount of the proceeds of make such repairs or replacements, and any business interruption insurance for the undiminished Fixed Minimum Rent and there cost or expense so incurred by Landlord shall be no reduction paid by tenant, in Fixed Minimum Rent if which event such damage or destruction was cost and expense shall become additional rent payable with the result installment of rent next becoming due under the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofLease.

Damage to the Premises. If With reasonable promptness after discovering any damage to the Premises shallPremises, without fault or neglect on to the part of TenantCommon Areas necessary for access to the Premises, its agents, employees, invitees, customers or employees, be damaged or destroyed by resulting from any fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofa “Casualty”), then Landlord shall proceed with all notify Tenant of Landlord’s reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as estimate of the date time required to substantially complete repair of such damage or destruction and both parties shall (the “Landlord Repairs”). If, according to such estimate, the Landlord Repairs cannot be released from further liability hereundersubstantially completed within 270 days after they are commenced, without prejudice, however, to any rights accruing to either party prior may terminate this Lease upon 60 days’ notice to the date other party delivered within 10 days after Landlord’s delivery of such damage or destructionestimate. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration Tenant may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to also terminate this Lease if the Landlord Repairs are not actually completed within 300 days following the Casualty, such right to expire upon completion of the Landlord Repairs. Within 90 days after discovering any damage to the Project resulting from any Casualty, Landlord may, whether or not the Premises are substantially damaged or destroyed is affected, terminate this Lease by fire notifying Tenant if (a) any Ground Lessor terminates any ground lease or any other cause Mortgagee requires that any insurance proceeds be used to pay any mortgage debt; (b) any damage to Landlord’s property is not fully covered by Landlord’s insurance policies; or (c) the damage occurs during the last two (2) years of the term of Lease Year. If this Lease or if is not terminated pursuant to this Section 16.1, Landlord shall promptly and diligently perform the Building (whether or not Landlord Repairs, subject to reasonable delays for insurance adjustment and other Events of Force Majeure. Landlord shall perform the Landlord Repairs such that they restore the Premises are damaged or destroyed) or and the Common Areas necessary for access to the Premises to substantially the same condition that existed when the Casualty occurred, except for (a) any modifications required by Law or any Mortgagee or Ground Lessor, and (b) any modifications to the Common Areas that are substantially destroyed deemed desirable by fire Landlord, are consistent with the character of the Project, and do not materially impair access to the Premises. Tenant shall assign to Landlord (or other causeits designee) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 15.3(b) with respect to any Alterations, and if the estimated or actual cost of restoring any Alterations exceeds the insurance proceeds received by Landlord from Tenant’s insurance carrier, Tenant shall pay such excess to Landlord within 15 days after Landlord’s demand. If No Casualty and no restoration performed as required hereunder shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder; provided, however, that if the damage Premises or destruction any Common Area necessary for Tenant’s access to the Premises is damaged by a Casualty, then, during any time that, as a result of such damage, any portion of the Premises is so minor that the Premises remain fit for occupancyuntenantable or inaccessible and is not occupied by Tenant, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there Rent shall be no abatement abated in proportion to the Rentable Square Footage of Fixed Minimum Rent as a result thereofsuch portion of the Premises. Notwithstanding anything to the contrary in this Lease, Tenant shall not be entitled to terminate this Lease pursuant to this Section 16.1 if the Casualty is due in whole or in part to the gross negligence or willful misconduct of Tenant or its Agents. In such event, Tenant shall reimburse Landlord for any Landlord Repair costs that are not reimbursed by, or paid through, insurance proceeds.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire insured cause, Landlord shall within one hundred and extended coverage insurance and eighty (180) days after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, however, that Landlord’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord’s reasonable judgment, the damage cannot reasonably be restored substantially repaired within said ninety 180 days after the date of such damage, or if the Premises are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 180-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the Premises (but is able to conduct business from the rest of which Tenant is deprived the Premises), Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of possession on account the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Building resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant’s expense, and Rent shall not xxxxx nor shall Tenant be entitled to terminate the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesLease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building following: (whether or not Premises are damaged or destroyedi) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly specialized Tenant improvements as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofdetermined by Landlord; (ii) Alterations; or (iii) Tenant’s Property.

Damage to the Premises. If the Leased Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be partially damaged or destroyed rendered untenantable by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereundercauses, without prejudice, however, being due to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agentsTenant's servants, employees, inviteesagents or licensees, customers the Leased Premises so damaged or rendered untenantable shall be repaired promptly and employees. Notwithstanding anything in this Lease within a reasonable time, by and at the expense of Landlord and the rent from the time of such damage or untenantability until such repairs shall be completed shall be apportioned according to the contrarypart of the Leased Premises which is reasonably useable by Tenant; in such event, Landlord any rent paid in advance shall be apportioned and refunded. If such partial damage or untenantability is due to the fault or negligence of Tenant, Tenant's servants, employees, agents or licensees, the damaged premises shall be repaired promptly and within a reasonable time by Landlord, but there shall be no apportionment or abatement of rent. In the event of the Leased Premises being so badly damaged that they cannot be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancyrepaired within ninety days, then Landlord shall repair such so notify Tenant within 15 days after the damage and the term hereby created shall, at the option of the Landlord or destruction as promptly as reasonably possible the Tenant, cease and there the Tenant shall surrender the Leased Premises and all of the Tenant's interest therein to the Landlord and shall be no abatement liable for rent only to the time of Fixed Minimum Rent as a result thereofthe surrender, and the Landlord may re-enter and repossess the Leased Premises.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies insured cause not resulting from the willful misconduct of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred ten (90210) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) provided such damage or casualty has not been caused by the Tenant or its Agents, Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 210-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within sixty (60) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage to the Premises or the repair Project resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of Interest Rate from the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there demand date, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, should be damaged or destroyed during the Term hereof by fire or other any casualty covered by insurable under standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofpolicies, then Landlord shall proceed with all reasonable speed (except as hereafter provided) repair or rebuild the Premises to substantially the condition in which the Premises were immediately prior to such destruction and this Lease shall continue in full force and effect. In the event that (a) the Premises are damaged as a result of any cause other than peril covered by Landlord's insurance or (b) the Premises are damaged as a result of fire or other peril covered by Landlord's insurance, but the cost to repair such damage shall exceed available insurance proceeds, or destructionLandlord's lender does not allow Landlord to utilize sufficient insurance proceeds to repair the damage, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required toat its option, elect to restore the Premises. If Landlord does not elect to restore the Premiseseither repair such damage as soon as reasonably practicable at Landlord's expense, then in which event this Lease shall continue in full force and effect, or give written notice to Tenant within sixty (60) days after the occurrence of the damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior damage. Notwithstanding anything to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restorationcontrary herein, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled responsible for and shall pay to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to Landlord the time during which and that portion reasonable cost of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that caused by the negligence or willful misconduct of Tenant, its employees, agents or invitees. Tenant's obligation to pay for such repairs or restoration shall be reduced by any insurance proceeds payable to Landlord, but only to the extent such insurance provides for a waiver of subrogation which permits such a reduction of Tenant's obligations. Tenant shall vacate such portion of the Premises remain fit for occupancy, then as Landlord shall reasonably requires to enable Landlord to repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofthe Premises.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed damages by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) so long as Landlord maintains the insurance policies required to be maintained by Landlord under this Lease. Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building are damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred twenty (90120) day perioddays after the date of such damage, or if 50% or more of the Premises are damages during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred twenty 120) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred twenty (120) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved)., then Tenant, within thirty (30) days from the expiration of such one hundred twenty (120) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of the Tenant or its Agents, Basic Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury as damage to the premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abate. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall xx xlect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any nonstandard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s 's leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s 's leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole but reasonable judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day perioddays after the date of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of or Tenant within thirty (30) days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within one hundred eighty (180) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such one hundred eighty (180) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such one hundred eighty (180) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period that Tenant is deprived of the actual time required for such repairs or restoration may exceed that contemplated by use of the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that damaged portion of the Premises for the normal operation of its business (and in facts ceases such use), and provided such damage is not the consequence of the gross negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises for which Tenant is deprived of possession on account use for normal business purposes (and in facts ceases such use) by virtue of such damage bears to the total rentable square footage of the Premises before such damage. All injury or destruction damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not abatx. Notwithstanding the foregoingXx Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or ----------------------- other casualty covered by standard policies of fire cause Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive of Tenant’s leasehold improvementstaking into account the time necessary to effect a satisfactory settlement with any insurance company involved) could reasonably be repaired within ninety (90) working days from the happening thereof, then which Landlord shall proceed with make all reasonable speed efforts to cause the insurance company to adjust the claim within thirty (30) days of the casualty) repair such damage or destruction, exclusive at the expense of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, if the Premises or the Building are damaged during the last two (2) Lease Years, then Landlord or Tenant within thirty (30) days from the date of such damage, may terminate this Lease by notice to the other (under no circumstances shall Tenant be entitled to elect to terminate the Lease if the loss or damage is caused by the Tenant's negligence) provided, however that Tenant may negate Landlord's termination by exercising Tenant's option to extend within thirty (30) days after receipt of Landlord's termination notice. If either Landlord or Tenant terminates this Lease, the Rent shall be apportioned and paid to the date of such termination. If neither Landlord nor Tenant so elects to terminate this Lease but the damage required to be repaired by Landlord is not repaired within one hundred fifty (150) days from the date of such damage (such one hundred fifty (150) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved) not to exceed thirty (30) days), Tenant, within thirty (30) days from the expiration of such one hundred fifty (150) day period (as the same may be extended), may terminate this Lease by notice to Landlord. Within thirty (30) days after any such damage, Landlord shall have deliver to Tenant a statement from Landlord's insurance adjuster or architect stating its good faith estimate as to the right time necessary to receive completely repair such damage. In the full amount event such estimate exceeds one hundred twenty (120) days, Tenant may terminate the Lease. During the period that Tenant is deprived of the proceeds use of any business interruption insurance for the undiminished damage Portion of the Premises, Fixed Minimum Rent and there Tenant's proportionate share of Operating Expenses and Taxes shall be no reduction in Fixed Minimum Rent if such damage or destruction was reduced by the result ratio that the rentable square footage of the fault or neglect Premises damaged bears to the total rentable square footage of Tenant, its agents, employees, invitees, customers and employeesthe Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive (i) if more than twenty percent (20%) of Tenant’s leasehold improvements which shall be the sole responsibility floor area of Tenant. If the Premises or the Building is damaged or destroyed, or (ii) if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety one hundred eighty (90180) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days after the date of such damage damage, or destruction and both parties shall be released (iii) if the Premises are damaged during the last six (6) months of the Term, then Landlord may terminate this Lease by notice to Tenant within sixty (60) days from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destructiondamage. If Landlord elects or is required to restore During the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its employees, agents, employeescontractors, invitees, customers and employees. Notwithstanding anything in licensees, customers, clients, family members or guests, this Lease to the contrary, Landlord shall not be obligated to repair the Premises terminated and Landlord shall have diligently and as soon as practicable after such damage occurs repair such damage to the right Premises (but not any of Tenant's property therein or improvements or alterations made by Tenant but expressly including such portion of Landlord's Work as does not constitute betterments and improvements under a standard policy of insurance of a tenant), at the expense of Landlord if Landlord is required to terminate this Lease be insured hereunder with respect thereto or at the expense of Tenant if Tenant is required to be insured hereunder with respect to such damage (in either case taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved and for such other delays as may result from government restrictions, controls on constructions, if any, and from strikes, emergencies and other conditions beyond the control of the Landlord); provided, however, that if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are is damaged or destroyed) or the Common Areas are substantially destroyed by fire or other causecause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of settlement of the insurance claims, or if the insurance proceeds (excluding rent insurance) which Landlord anticipates receiving must be applied to repay any mortgages, now or hereafter, encumbering the Building or are otherwise inadequate to pay the cost of such repair, then Landlord, upon fifteen (15) days' written notice to Tenant, may terminate this Lease, in which event the Rent shall be apportioned and paid to the date of such damage. If the damage or destruction or renders the Premises entirely unsuitable for Tenant's operations, then Tenant may terminate this Lease by giving notice to Landlord within thirty (30) days after such damage or destruction, such termination to be effective as of the date specified in such notice. During the period that Tenant is deprived of the use of the damaged portion of the Premises, to the extent Tenant is able to operate from any other portion of the Premises, Tenant shall be required to pay Rent (as set forth in Section 3 hereof) covering only that part of the Premises that Tenant is so minor able to occupy and the Rent for such space shall be that portion of the total Rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square floor area of the Premises. In any event, no compensation, claim or diminution in Rent, other than as provided in this subsection 14.1, will be allowed or paid by Landlord, by reason of interruption, delay, inconvenience, annoyance, or injury to business arising from repairing the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement any portion of Fixed Minimum Rent as a result thereofthe Building.

Damage to the Premises. If the Premises shall, shall be damaged by fire or ---------------------- other cause without the fault or neglect on negligence of Tenant or its Agents, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the part time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of TenantLandlord; provided, its agentshowever, employeesthat Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, invitees, customers if the Premises or employees, be the Building is damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and cause to such an extent that, in Landlord's sole judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety two hundred (90200) working days from after the happening thereofdate of such damage, or if the Premises are damaged during the last two (2) Lease Years, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored Tenant within said ninety thirty (9030) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days from the date of such damage may terminate this Lease by notice to the other. If either Landlord or destruction and both parties Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within two hundred (200) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such two hundred (200) day period of time to be extended by the period of time of any delay outside the direct control of Landlord plus a reasonable period of time for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such two hundred (200) day period of time (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by notice to Landlord. During the period of time that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage is not the consequence of the fault or destruction negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total gross rentable square footage of the Premises before such damage. All injury or damage to the Premises or the repair Building resulting from the fault or restoration thereof undertaken negligence of Tenant or its Agents shall be repaired by LandlordTenant, at Tenant's expense, and Rent shall not xxxxx. Notwithstanding the foregoingIf Tenant shall fail to do so or if Landlord shall so elect, Landlord shall have the right to receive make such repairs, and any expense so incurred by Landlord, together with interest thereon at the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there Interest Rate, shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeespaid by Tenant upon demand. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged any non-standard tenant improvements, tenant extras or destroyed by fire Alterations or any other cause during the last two (2) years personal property of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 270 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of this Lease. If Landlord elects or is required Without limitation to restore the foregoing, if the Premises or the Building are damaged by fire or other casualty and promptly commences and thereafter diligently pursues Landlord’s reasonable estimate of the cost to repair such restorationdamage exceeds the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair such damage and may terminate this Lease shall not terminate, notwithstanding that as of the actual time required for date of such repairs or restoration may exceed that contemplated damage by the parties and Tenant written notice to Tenant. Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent and Tenant’s Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Project resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant’s expense, subject to the foregoingwaivers in Section 15.5, Landlord and Rent shall have the right not xxxxx nor shall Tenant be entitled to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesterminate this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building following: (whether or not Premises are damaged or destroyedi) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly specialized Tenant improvements as reasonably possible and there shall be no abatement determined by Landlord; (ii) Alterations; or (iii) personal property of Fixed Minimum Rent as a result thereof.Tenant. OFFICE LEASE PAGE 26 Park Ten Plaza – RigNet, Inc. Table of Contents

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged or destroyed by fire or other casualty covered by standard policies of fire insured cause, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereofLandlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall 5055 Wilshire - Playboy Enterprises, exclusive Inc. - Lease 12/22/98 not exceed the proceeds of Tenant’s leasehold improvements which shall be insurance available to Landlord (reduced by any proceeds retained pursuant to the sole responsibility rights of TenantMortgagee). If Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred forty (90240) day perioddays after the date of such damage, then or if the Premises are substantially damaged during the last Lease Year, then: (i) Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within ten (10) days after (a) Landlord's delivery of a notice that the repairs cannot be made within such 240- day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within forty-five (45) days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last year of the Lease. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such termination. During the period that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount use of the proceeds damaged portion of any business interruption insurance for the undiminished Fixed Minimum Premises, Basic Rent and there Tenant's Proportionate Share shall be no reduction in Fixed Minimum Rent if such damage or destruction was reduced by the result ratio that the Rentable Square Footage of the fault or neglect Premises not reasonably usable by Tenant bears to the total Rentable Square Footage of Tenant, its agents, employees, invitees, customers and employeesthe Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair any of the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged following: (i) specialized Tenant improvements as reasonably determined by Landlord; (ii) Alterations; or destroyed by fire or (iii) any other cause during personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant's rights under California Civil code Sections 1932(2) and 1933(4) and agrees that in the last two (2) years event of any casualty, the term terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord lease shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, premises shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its employees, agents, contractors, invitees, licensees, customers, clients, family members or guests, this Lease shall not be terminated and Landlord shall diligently and as soon as practicable after such damage occurs, repair such damage, at the expense of Landlord if Landlord is insured with respect thereto or at the expense of Tenant if Tenant is required to be insured hereunder with respect to such damage (in either case taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved and for such other delays as may result from government restrictions, controls on construction, if any, and from strikes, emergencies and other conditions beyond the control of the Landlord); provided, however, that if the premises or Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of settlement of the insurance claims. Landlord or Tenant, upon written notice to the other party may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the premises and provided Tenant is able to conduct its customary banking business in the premises without unreasonable inconvenience or interruption, as determined by the Building architect. Tenant shall be required to pay rent (as set forth in paragraph 3) covering only that part of the premises that Tenant is able to occupy and the rent for such space shall be that portion of the total rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square foot area of the premises. In the event of any injury or damage to the premises or the Building caused by Tenant or its agents, employees, contractors, invitees, customers licensees, customers, clients, family members or guests, then Tenant shall diligently and employeesas soon as practicable after such damage occurs, repair such damage, at Tenant's sole cost and expense. Notwithstanding anything in this Lease If Tenant shall fail so to the contrarydo, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate make such repairs or replacements, and any cost or expense so incurred by Landlord shall be paid by Tenant, and shall become additional rent due and payable, in accordance with the provisions of paragraph 17(d) hereof, with the installment of rent next becoming due under the terms of this Lease if Lease. No compensation, claim or diminution in rent, other than as provided in this paragraph 15(a), will be allowed or paid by Landlord, by reason of inconvenience, annoyance or injury to business arising from the Premises are substantially damaged or destroyed by fire necessity of repairing the premises or any other cause during the last two (2) years portion of the term of this Lease or if Building, however the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofnecessity may occur.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved and any delays beyond the direct control of Landlord) repair such damage to the Premises (excluding the Tenant’s leasehold improvements's Property) could reasonably be repaired within ninety (90) working days from at the happening thereofexpense of Landlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, (i) if the Premises or destructionthe Building is damaged by fire or other cause to such an extent that, exclusive in Landlord's or Tenant's reasonable judgment, the damage cannot be substantially repaired within two hundred (200) days after the date of Tenant’s leasehold improvements which such damage, then within sixty (60) days from the date of such damage, either Landlord or Tenant may terminate this Lease by written notice to the other party, or (ii) if the Premises are damaged during the last Lease Year, then within thirty (30) days from the date of such damage, Landlord or Tenant may terminate this Lease by written notice to the other party. If either Landlord or Tenant terminates this Lease, the Rent shall be apportioned and paid to the sole responsibility date of Tenantsuch termination. If the Premises cannot reasonably be restored within said ninety (90) day period, then neither Landlord may, but shall not be required to, elect nor Tenant so elects to restore the Premises. If Landlord does not elect to restore the Premises, then terminate this Lease shall terminate as of but the damage required to be repaired by Landlord is not repaired within two hundred (200) days from the date of such damage or destruction and both parties shall (such two hundred (200) day period to be released extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), Tenant, within thirty (30) days from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date expiration of such damage or destruction. If Landlord elects or is required to restore two hundred (200) day period (as the Premises and promptly commences and thereafter diligently pursues such restorationsame may be extended), then may terminate this Lease shall not terminate, notwithstanding by written notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage or destruction or is not the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage; provided, further, that if (i) a Substantial Part of the Premises is damaged, (ii) the damage does not result from the fault or negligence of Tenant or its agentsAgents, employeesand (iii) Tenant does not use any of the Premises, invitees, customers and employeesthen Rent shall fully abatx xxxing the period that Tenant is deprived of the use of the Premises. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair of the Tenant's Property. If neither party terminates this Lease as aforesaid, Tenant shall be required to repair or replace the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant's Property.

Damage to the Premises. If the Premises shallshall be damaged by fire, the elements, accident or other casualty (“Casualty”), but the Premises are not thereby rendered untenantable in whole or in part, Landlord shall promptly at its expense cause such damage to be repaired, without fault or neglect on abatement of rent. If, as the part result of Tenanta Casualty, the Premises are rendered untenantable in part, Landlord shall promptly at its agentsexpense cause such damage to be repaired, employeesand the Annual Basic Rent and other charges shall be abated proportionately as to the portion of the Premises are rendered tenantable. If, inviteesas the result of Casualty, customers or employeesthe Premises are rendered wholly untenantable, Landlord shall promptly at its expense cause such damage to be damaged or destroyed repaired and the Annual Basic Rent and other charges shall be abated from the date of such Casualty until the Premises have been rendered tenantable. For purposes of this subsection (a), the Premises shall be deemed untenantable (in addition to damage thereto by fire or other casualty covered casualty) if the Premises may not be used for the Permitted Use by standard policies reason of fire loss of access or of a material service necessary for the exercise of the Permitted Use. If Landlord determines that the restoration cannot be completed within one hundred and extended coverage eighty (180) days, then Tenant may, within thirty (30) days after determining that the repairs and restoration cannot be made within one hundred and eighty (180) days, cancel the Lease by giving notice to Landlord. If any mortgagee of Landlord refuses to permit any insurance proceeds to be applied to the cost of construction, such 180 day restoration period shall be inclusive of the time required to secure refinancing to fund the reconstruction. Nevertheless, if the damage is not fully repaired and such damage or destruction restored within one hundred and eighty (exclusive of Tenant’s leasehold improvements180) could reasonably be repaired within ninety (90) working days from the happening thereofdate of the damage, then Tenant may cancel the Lease at any time after the 180th day and before the restoration is completed. Provided Landlord shall proceed with all reasonable speed to repair is diligently repairing and restoring the damage, such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but cancellation shall not be required to, elect to restore effective if Landlord substantially completes the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of within thirty days after Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof’s notice.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, premises shall be partially damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, cause without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its employees, agents, contractors, invitees, licensees, customers, clients, family members or guests, this Lease shall not be terminated and Landlord shall diligently and as soon as practicable after damage occurs, repair such damage, at the expense of Landlord if Landlord is insured with respect thereto or at the expense of Tenant if Tenant is required to be insured hereunder with respect to such damage (in either case taking into account the time necessary to effectuate a satisfactory settlement with any insurance company involved and for such other delays as may result from government restrictions, controls on construction, if any, and from strikes, emergencies and other conditions beyond the control of the Landlord); provided, however that if the premises or Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from date of settlement of the insurance claims, Landlord, upon written notice to Tenant, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of the premises, Tenant shall be required to pay rent (as set forth in paragraph 3) covering only that part of the premises that Tenant is able to occupy and the rent for such space shall be that portion of the total rent which the amount of square foot area remaining that can be occupied by Tenant bears to the total square foot area of the premises. In the event of any injury or damage to the premises or the Building caused by Tenant or its agents, employees, contractors, invitees, customers licensees, customers, clients, family members or guests, then Tenant shall diligently and employeesas soon as practicable after such damage occurs, repair such damage, at Tenant's sole cost and expense. Notwithstanding anything in this Lease If Tenant shall fail so to the contrarydo, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate make such repairs or replacements, and any cost or expense so incurred by Landlord shall be paid by Tenant, and shall become additional rent due and payable, in accordance with the provisions of paragraph 17(d) hereof, with the installment of rent next becoming due under the terms of this Lease if Lease. No compensation, claim or diminution in rent, other than as provided in this paragraph 15(a), will be allowed or paid by Landlord, by reason of inconvenience, annoyance or injury to business arising from the Premises are substantially damaged or destroyed by fire necessity of repairing the premises or any other cause during the last two (2) years portion of the term Building, however the necessity may occur. * at the rate of this Lease or if $7.50 par hour escalated by increases in the Building (whether or not Premises are damaged or destroyed) or Pepco GS rate schedule in effect at the Common Areas are substantially destroyed by fire or other causetime, over the schedule effective as of Octobe, 1981. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy** Tenant ???? access to space 24 hours per day, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.356 days per year

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, shall be damaged or destroyed by fire or other casualty covered by standard policies cause without the fault or negligence of fire Tenant or its Agents, Landlord shall diligently and extended coverage insurance and as soon as practicable after such damage or destruction occurs (exclusive taking into account the time necessary to effect a satisfactory settlement with any insurance company involved and any delays beyond the direct control of Landlord) repair such damage to the Premises (excluding the Tenant’s leasehold improvements's Property) could reasonably be repaired within ninety (90) working days from at the happening thereofexpense of Landlord; provided, then Landlord shall proceed with all reasonable speed however, that Landlord's obligation to repair such damage or destructionshall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If (i) if the Premises or the Building is damaged by fire or other cause to such an extent that, in Landlord's sole judgment, the damage cannot reasonably be restored substantially repaired within said ninety two hundred (90200) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of days after the date of such damage then Landlord within sixty (60) days from the date of such damage may terminate this Lease by written notice to Tenant, or destruction and both parties (ii) if the Premises are damaged during the last Lease Year, then Landlord or Tenant within thirty (30) days from the date of such damage may terminate this Lease by written notice to the other. If either Landlord or Tenant terminates this Lease, the Rent shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior apportioned and paid to the date of such damage or destructiontermination. If neither Landlord nor Tenant so elects or is to terminate this Lease but the damage required to restore be repaired by Landlord is not repaired within two hundred (200) days from the Premises and promptly commences and thereafter diligently pursues date of such restorationdamage (such two hundred (200) day period to be extended by the period of any delay outside the direct control of Landlord plus a reasonable period for a satisfactory settlement with any insurance company involved), then Tenant, within thirty (30) days from the expiration of such two hundred (200) day period (as the same may be extended), may terminate this Lease shall not terminate, notwithstanding by written notice to Landlord. During the period that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, and provided such damage or destruction or is not the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result consequence of the fault or neglect negligence of Tenant or its Agents, Base Rent and Tenant, its agents, employees, invitees, customers and employees's Proportionate Share shall be reduced by the ratio that the rentable square footage of the Premises damaged bears to the total rentable square footage of the Premises before such damage. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace or repair of the Tenant's Property. In the event that neither party terminates this Lease as aforesaid, Tenant shall be required to repair or replace the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofTenant's Property.

Damage to the Premises. If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, Building shall be damaged by fire or destroyed other casualty, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effect a satisfactory settlement with any insurance company involved) repair such damage at the expense of Landlord; provided, however, that Landlord’s obligation to repair such damage shall not exceed the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee). Notwithstanding the foregoing, if the Premises or the Building are damaged by fire or other casualty covered by standard policies of fire and extended coverage insurance and to such an extent that, in Landlord’s reasonable judgment, the damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably cannot be substantially repaired within ninety (90) working 270 days from after the happening thereofdate of such damage, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If if the Premises cannot reasonably be restored within said ninety are substantially damaged during the last Lease Year, then: (90i) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then may terminate this Lease shall terminate as of the date of such damage by written notice to Tenant; or destruction and both parties (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord within 10 business days after (a) Landlord’s delivery of a notice that the repairs cannot be made within such 270-day period (Landlord shall be released from further liability hereunder, without prejudice, however, use reasonable efforts to any rights accruing deliver to either party prior to Tenant such notice within 60 days of the date of such damage or destructioncasualty); or (b) the date of damage, in the event the damage occurs during the last Lease Year. If Landlord elects or is required Without limitation to restore the foregoing, if the Premises or the Building are damaged by fire or other casualty and promptly commences and thereafter diligently pursues Landlord’s reasonable estimate of the cost to repair such restorationdamage exceeds the proceeds of insurance available to Landlord (reduced by any proceeds retained pursuant to the rights of Mortgagee) or no such proceeds are available to Landlord, then Landlord shall not be obligated to incur expenses in excess of such insurance proceeds to repair such damage and may terminate this Lease as of the date of such damage by written notice to Tenant, which notice Landlord shall not terminate, notwithstanding that use reasonable efforts to deliver to Tenant within 60 days of the actual time required for date of such repairs damage or restoration may exceed that contemplated by the parties and Tenant casualty. Rent shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding apportioned and paid to the time during which and date of such damage. Notwithstanding anything herein to the contrary, Landlord may only terminate this Lease under this Section 19.1, if Landlord is terminating all other leases within the Building for similarly situated tenants. During the period that portion of the Premises of which Tenant is deprived of possession on account the use of the damaged portion of the Premises, Basic Rent, the Amenity Building Rent and Tenant's Proportionate Share shall be reduced by the ratio that the Rentable Square Footage of the Premises damaged or untenantable bears to the total Rentable Square Footage of the Premises before such damage. All injury or damage or destruction to the Premises or the repair Project resulting from the gross negligence or restoration thereof undertaken willful misconduct of Tenant or its Agents shall be repaired by Landlord. Notwithstanding , at Tenant's expense, subject to the foregoingwaivers in Section 15.5, Landlord and Rent shall have the right not xxxxx nor shall Tenant be entitled to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employeesterminate this Lease. Notwithstanding anything in this Lease herein to the contrary, Landlord shall not be obligated required to rebuild, replace, or repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term following: (i) Alterations; (ii) the Tenant Work; (iii) other Tenant improvements that Landlord has reasonably determined to be specialized Tenant improvements at the time of Landlord’s approval of the same; or (iv) personal property of Tenant. Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases Tenant’s rights under California Civil Code Section 1932(2) and 1933(4) and agrees that in the event of any casualty, the terms of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereofgovern.