Common use of Destruction -- Fire or Other Casualty Clause in Contracts

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to 9.1 If the Premises or the Building shall be damaged by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, ; (i) except as otherwise provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or inviteesin subsection (ii) hereof, the damage shall be repaired by and at the expense of Landlord and until such repairs shall be made the Basic Rent and Additional Rent shall be equitably abated according to the extent part of the Premises which is usable by Tenant. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to a delay caused by strike, lockout, act of God, inability to obtain labor or materials, governmental restrictions, enemy actions, civil commotion, fire, unawardable casualty or any other cause similar or dissimilar beyond the reasonable control of either Landlord or Tenant or due to the passing of time while waiting for an adjustment of insurance proceeds (hereinafter referred to as an "Excusable Delay"); (ii) If the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's insurance coverage, but there shall architect certifies that it cannot be no apportionment repaired within ninety (90) days of the casualty or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and if Landlord shall decide not to restore or repair the same, or rebuild shall decide to demolish the Building, this Leaseor not to rebuild the Building or the Premises, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent then Landlord shall, in within ninety (90) days after such eventfire or other casualty, be paid to or adjusted as of the date give Tenant a notice of such damagedecision, and thereupon the terms of this Lease Term shall expire by lapse of time and conditional limitation upon the third day ten (10) days after such notice is mailedgiven, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination ; (iii) If Landlord fails to complete the repair and restoration of the Premises within one hundred twenty (120) days from the date of the casualty (subject to Excusable Delays) then Tenant shall release Tenant from any liability have the right to cancel and terminate this Lease upon the delivery of a notice to Landlord arising from such damage or from any breach delivered within fifteen (15) days after the expiration of the obligations imposed aforesaid one hundred twenty (120) days period; (iv) Landlord agrees that it shall diligently pursue all repair and restoration work required on Tenant its part to be completed hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's control, ’s control and to the extent that the Premises are rendered untenantable actually untenantable, the rent shall proportionately xxxxx from abate, unless Tenant cannot materially conduct business, in which case the date of such casualtyPremises shall be deemed untenantable. Notwithstanding the fxxxxxing, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant's ’s servants, employees, agents, contractors, licensees, invitees or inviteesvisitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease, at the option of Landlord, shall be terminated Lease upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunderhereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or from restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any obligations accrued hereunder prior statute causing a Lease termination or otherwise granting a party the right to such terminationterminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx axxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's ’s servants, employees, agents or visitorsinvitees. If such partial damage is due to the fault or neglect of Tenant, or Tenant's ’s servants, employees, agents, agents or invitees, the damage shall be repaired by Landlord to the extent of Landlord's ’s insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. In addition, in the event that (a) Landlord estimates that its repairs will take more than two hundred seventy (270) days for any areas of the Premises, or (b) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of two hundred seventy (270) days for any areas of the Premises, Tenant shall have the right, by written notice to Landlord to terminate the Lease as of the date of the casualty, provided that Tenant gives its within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (a) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (b) above.

Destruction -- Fire or Other Casualty. In case of partial damage to the ------------------------------------- Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx abate from the date of such casualtycaxxxxxy, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant either party from any liability to Landlord the other arising from such damage or from any breach of the obligations imposed on Tenant such party hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. (a) In case the event of partial or total damage or destruction to the Leased Premises by fire fire, other casualty, or any other casualty insured against by Landlordcause whatsoever (except condemnation), Tenant shall give immediate notice thereof to Landlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, who to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, may be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to . To the extent that the Leased Premises are rendered untenantable untenable, the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rentxxxxx. In the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore the Leased Premises for its present uses and the use of Tenant as specified herein or Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and . Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case Section 9.01.A. If the Demised Premises shall be damaged by fire or other insured casualty and if Tenant shall give prompt notice to Landlord of partial such damage, Landlord, at Landlord’s expense, to the extent required hereunder, and only to the extent of insurance proceeds received by Landlord for such damage, shall use reasonable efforts to repair such damage (without prejudice, however, to Landlord’s rights against Tenant under this Lease). However, Landlord shall have no obligation to repair any damage to, or to replace, Tenant’s Personal Property or any other equipment, property or effects of Tenant or any leasehold improvements, Tenant’s Work (as hereinafter defined) or Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, nor shall Landlord have any obligation to pay for any work required to comply with Disability Laws, it being understood that Tenant shall obtain the necessary insurance to cover any added costs needed to rebuild the Demised Premises in compliance with Disability Laws and that except as set forth above, Landlord’s repair obligations hereunder shall only be to the extent permitted by Legal Requirements. Except as otherwise provided in Section 9.03, in the event of such casualty, the Base Rent and additional rent shall axxxx, in the proportion which the area of the Demised Premises rendered untenantable or unusable bears to the total area of the Demised Premises, for the period from the date of such damage to the date when Landlord shall have substantially completed its repair obligation pursuant to this Section 9.01.A. However, if, prior to the date when Landlord shall have substantially completed its repair obligation pursuant to this Section 9.01.A., any part of the Demised Premises so damaged shall be rendered tenantable and is in fact re-occupied by Tenant then the amount by which the Base Rent and additional rent shall axxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if restoration shall take in excess of 270 days as reasonably determined by Landlord’s engineer, or (ii) the Building shall be so damaged by fire or other casualty insured against by that substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Landlord, Tenant shall at Landlord’s option, may give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, within ninety (90) days after such fire or other casualty, a thirty (30) days’ notice of termination of this Lease and, in the event such notice is given, this Lease and for reasonable delay on account the Demised Term shall come to an end and expire upon the expiration of "labor troubles" or any other cause beyond Landlord's control, and to said thirty (30) days with the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from same effect as if the date of expiration of said thirty (30) days were the Expiration Date and if this Lease is terminated pursuant to any provision of this Article, the Base Rent and additional rent shall be apportioned as of such casualty, provided the damage above mentioned occurred without the fault or neglect date and any prepaid portion of Base Rent and additional rent for any period after such date shall be refunded by Landlord to Tenant, Tenant's servants, employees, agents or visitors. If the entire Demised Premises are totally damaged or rendered wholly or substantially untenantable by fire or other casualty and either (i) Landlord provides Tenant with written notice that restoration shall take in excess of 270 days as reasonably determined by Landlord’s engineer (“Completion Notice”) or (ii) if Landlord shall not substantially complete its repair of the Demised Premises within 270 days after such partial damage is due to the fault fire or neglect of other casualty for any reason other than a default by Tenant, or Tenant's servants(iii) the Demised Premises are totally damaged or rendered wholly or substantially untenantable in the last year of the Demised Term, employeesthen in any of said events, agentsTenant may, or inviteesat any time thereafter, the damage shall be repaired until such repair is substantially completed, elect to cancel this Lease by giving Landlord to the extent thirty (30) days notice of Landlord's insurance coveragecancellation, but there shall be no apportionment or abatement of rent. In and in the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Buildingsuch notice is given by Tenant, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant Lease and the rent shall, in such event, be paid Demised Term shall come to an end and expire (whether or adjusted not said term shall have commenced) upon the expiration of said thirty (30) days with the same effect as of if the date of expiration of said thirty (30) days was the Expiration Date, provided Landlord has not completed such damage, repairs within said thirty (30) day period. Landlord covenants that at all times during the Demised Term it will carry fire and extended coverage insurance for the Building in accordance with the requirements of the Superior Mortgagee. Landlord shall provide Tenant with a Completion Notice promptly after Landlord’s receipt of the applicable insurance proceeds and the terms of this Lease shall expire by lapse of estimated time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to for repair from Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination’s engineer.

Destruction -- Fire or Other Casualty. In case of partial damage to 13.01 If the Premises Building shall be partially damaged or destroyed or if the demised premises shall be partially or totally damaged or destroyed by fire fire, casualty or other casualty insured against by Landlordsuch cause, Tenant shall give immediate notice thereof to Landlordthen, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" whether or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided not the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to destruction shall have resulted from the fault or neglect of Tenant, or Tenant's its servants, employees, agents, visitors or inviteeslicensees (and if this Lease shall not have been canceled as in this Article hereinafter provided), Landlord will repair the damage, and restore, replace, and rebuild the Building and the demised premises at its expense, with reasonable dispatch and continuity after notice to it of the damage or destruction; provided, however, that Landlord shall not be required to repair or replace any property of Tenant or any installation or leasehold improvement made by or for Tenant at the expense of Tenant. If the demised premises shall be partially damaged or partially destroyed, the rent and additional rent payable hereunder shall be abated to the extent that the demised premises shall have been rendered untenantable or unfit for Tenant's use and Tenant does not occupy such damaged or destroyed part of the premises on other than an emergency basis for the period from the date of such damage or destruction to the date that the damage shall be repaired by Landlord to or restored. If the extent of Landlord's insurance coverage, but there demised premises or a major part thereof shall be no apportionment totally, or abatement substantially totally, damaged or destroyed or rendered completely or substantially completely, untenantable on account of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomicalfire, in Landlord's opinioncasualty or other such cause, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted and additional rent shall completely xxxxx as of the date of such damagethe damage or destruction and until Landlord shall repair, restore, replace and rebuild the terms demised premises; provided, however, that should Tenant reoccupy a portion of the demised premises for the purpose of conducting business during the period the restoration work is taking place and prior to the date that the same is made completely tenantable, rent and additional rent shall be apportioned and payable by Tenant in proportion to the part of the demised premises occupied by it. Nevertheless, in case of any substantial damage or destruction to the demised premises, Tenant, in addition to and without waiver of any other rights or remedies available to it, may cancel this Lease shall expire by lapse of time and conditional limitation upon the third day after such written notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant if (i) within 60 days from any liability to Landlord arising from such the date of the damage or from any breach destruction, Landlord does not file a proof of loss with its insurer; (ii) within 90 days of the obligations imposed on date of damage or destruction Landlord does not let a contract or contracts which shall provide for the complete restoration of the demised premises within a period of one year from the date of the damage or destruction; (iii) work under such contract or contracts has not commenced within 120 days of the date of said damage or destruction; or (iv) said work is not prosecuted with reasonable diligence to its completion; provided that Tenant hereundershall not be entitled to cancel this Lease pursuant to this sentence more than thirty (30) days after Landlord shall have given written notice to Tenant that the state of facts specified in clause (i), (ii) or (iii) of this sentence, as the case may be, has occurred. The period for the completion of the required repairs and restoration work shall be extended by the number of days lost (not to exceed, however, one year) in the event such loss results from strike, act of God, war, governmental action, national or state or municipal emergency, or from any obligations accrued hereunder prior to such terminationcause beyond the reasonable control of Landlord.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's controlForce Majeure Events (as defined in Section 48), and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. Notwithstanding anything herein to the contrary, Tenant shall have the right to terminate this Lease by giving Landlord thirty (30) days' advance written notice if (i) Landlord advises Tenant that Landlord estimates that the Premises will be restored within a period in excess of one hundred twenty (120) days after the casualty, or (ii) Landlord in fact does not complete the restoration within one hundred twenty (120) days after the casualty, subject to extension for Force Majeure Events (as defined in Section 48).

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from abatx xxxm the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. Landlord shall provide Tenant written notice of the estimated time to complete the restoration or repair within thirty (30) days after the date of the casualty. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant either party from any liability to Landlord the other party arising from such damage or from any breach of the obligations imposed on Tenant the other party hereunder, or from any obligations accrued hereunder prior to such termination. Notwithstanding any provision of the remainder of the Lease to the contrary, so long as Tenant is deprived of the use of, or access to, any or all of the Premises on account of any casualty (whether or not the casualty affects the Premises directly), all rent and additional rent shall be abated in proportion to the number of square feet of the Premises rendered substantially unfit for occupancy by such casualty in Tenant's reasonable judgment, unless, because of any such damage, the undamaged portion of the Premises is, in Tenant's judgment, materially unsuitable for use by Tenant, in which event the rent and additional rent shall be abated entirely during such period of deprivation. In addition, in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs will take more than one hundred twenty (120) days for any areas of the Premises, including the parking area, other than the data center and ninety (90) days in the case of the data center, or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred twenty (120) days for any areas of the Premises, including the parking area, other than the data center and ninety (90) days in the case of the data center, Tenant shall have the right, by written notice to Landlord to terminate the Lease as of the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord's notice of the estimated time to complete the restoration or repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadlines set forth in subparagraph (c) above. If the casualty occurs during the last twenty-four (24) months of the Term, notwithstanding anything herein to the contrary, Tenant shall have the right to terminate this Lease by giving written notice to Landlord within thirty (30) days after the date of the casualty, to be effective as of the date of the casualty.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, control and to the extent that the Premises are rendered untenantable actually untenantable, the rent shall proportionately xxxxx from abate, unless Tenant cannot materially conduct business, in whicx xase the date of such casualtyPremises shall be deemed untenantable. Notwithstanding the foregoing, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant's servants, employees, agents, contractors, licensees, invitees or inviteesvisitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord to the extent of Landlordat Tenant's insurance coverage, but expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease, at the option of Landlord, shall be terminated Lease upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunderhereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant's improvements or property provided, further, that in the event Landlord repairs or from restores the Premises, Tenant shall promptly restore all of Tenant's improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any obligations accrued hereunder prior statute causing a Lease termination or otherwise granting a party the right to such terminationterminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises are is rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's ’s servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's ’s servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's ’s insurance coverage, but there shall be no apportionment or abatement of rent. In the event fifty percent (50%) or more of the damage floor area of the Building is rendered untenantable or the cost to repair the Building shall be so extensive amount to more than fifty percent (50%) of the whole Building as to render it uneconomicalcost of replacement thereof, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. In addition, in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs will take more than two hundred ten (210) days for any areas of the Premises or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of two hundred ten (210) days, Tenant shall have the right, by written notice to Landlord to terminate this Lease as of the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (c) above. If Tenant fails to exercise its termination rights strictly in accordance with the foregoing provision, this Lease shall remain in full force and effect. Additionally, if Landlord tenders exclusive possession of the entire Premises, with repairs complete, prior to the expiration of the 30-day notice period for subparagraph (c), then Tenant’s termination notice shall be abrogated, and this Lease shall remain in full force and effect. Notwithstanding the foregoing, if the casualty occurs during the final eighteen (18) months of the Term, and (a) Landlord estimates that its repairs will take more than one hundred twenty (120) days for any area of the Premises or (b) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred twenty (120) days, Tenant shall have the right, by written notice to Landlord to terminate this Lease as of the date of the casualty, provided that Tenant gives its notice within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (a) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (b) above. If Tenant fails to exercise its termination rights strictly in accordance with the foregoing provision, this Lease shall remain in full force and effect. Additionally, if Landlord tenders exclusive possession of the entire Premises, with repairs complete, prior to the expiration of the 30-day notice period for subparagraph (b), then Tenant’s termination notice shall be abrogated, and this Lease shall remain in full force and effect.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with within a reasonable speed time at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises are rendered untenantable untenantable, the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rentxxxxx. In the event the damage shall be so extensive to the whole Building Premises as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and the use of Tenant, as specified in Section 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingPremises, this Lease, at the option of Landlord, shall be terminated upon written .notice to Tenant. In the event that the damage to the Premises shall exceed thirty percent (30%) of the floor area or in the event that Landlord commences to repair and restore the Premises but fails to complete such repair and restoration within 210 days from the date of damage, then, in either event, Tenant may, at the option of Tenant, terminate this Lease upon written notice to Landlord. If this Lease is terminated by either Landlord or Tenant and pursuant to this paragraph, the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond LandlordXxxxxxxx's control, and to the extent that the Premises are is rendered untenantable unten=able the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, TenantXxxxxx's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's reasonable opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of LandlordLandlord or Tenant, upon written notice to the other party, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. 19.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause the damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "resulting from labor troubles" stoppage or any other cause beyond Landlord's control, and to the extent that the Premises are is rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the casualty occurs within the last two (2) years of the Term, including any Renewal Terms, Landlord and/or Tenant shall have the option, exercisable within thirty (30) days following such damage shall be so extensive to the whole Building as to render it uneconomicalor destruction, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, of terminating this Lease, at the option of Landlord, shall be terminated Lease effective upon giving written notice to the other party; provided, however that if Tenant exercises its option to extend the Term of this Lease for any remaining Renewal Terms, if any, Landlord's termination shall be null and the rent shallvoid and this Lease shall continue in full force and effect. In addition, in such eventthe event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, be paid (b) Landlord estimates that its repairs will take more than one hundred eighty (180) days for any areas of the Premises. or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred eighty (180) days, Tenant shall have the right, by written notice to or adjusted Landlord to terminate the Lease as of the date of such damagethe casualty, and provided that Tenant gives its notice within (45) days after the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach date of the obligations imposed on Tenant hereundercasualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord's notice of the estimated time to complete the restoration or repair in the case of subparagraph (b) above, or from any obligations accrued hereunder prior within thirty (30) days after failing to such meet the deadline set forth in subparagraph (c) above. Upon termination, Rent shall be apportioned as of the date of the damage and, provided Tenant is not in default, all prepaid Rent shall be repaid to Tenant.

Destruction -- Fire or Other Casualty. In case the event of partial or total damage or destruction to the Leased Premises by fire fire, other casualty, or any other casualty insured against by Landlordcause whatsoever, then Tenant shall give immediate notice thereof to Landlord and: (a) this Lease shall continue in full force and effect and (b) Landlord, who to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, may be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Leased Premises are rendered untenantable untenantable, the rent shall proportionately xxxxx from xxxxx. Landlord shall commence restoration work within sixty (60) days after the date of such casualty, provided or Tenant may terminate this Lease by giving notice to Landlord of such termination within five (5) days after the damage above mentioned occurred without expiration of such 60-day period. Landlord shall have no obligation to rebuild the fault or neglect Leased Premises if the reasonably estimated cost of Tenant, Tenant's servants, employees, agents or visitors. If repair and reconstruction exceeds fifty percent (50%) of the Full Insurable Value of the Leased Premises unless: (i) on the date of such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but destruction there shall be no apportionment four (4) or abatement of rent. In more years remaining in the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair Lease Term or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as (ii) within thirty (30) days of the date of such damagedestruction, Tenant, at its option, shall enter into an agreement with Landlord to extend the Lease Term for a period of at least four (4) years from the date of such destruction. If Tenant so elects to extend the Lease Term, Landlord covenants to promptly execute and deliver to Tenant a written agreement evidencing such extension. In the terms of event Tenant elects not to so extend this Lease, Landlord shall have the right to either (i) waive the extension requirement and rebuild the Leased Premises as set forth above, or (ii) terminate this Lease by giving notice of such election to Tenant, in which event Landlord shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same be entitled to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such terminationretain all insurance proceeds.

Destruction -- Fire or Other Casualty. In case of partial damage to 29. If the Demised Premises shall be damaged by fire or other casualty insured against by Landlord, Tenant at Landlord's expense, shall give immediate notice thereof to Landlord, who shall thereupon cause promptly repair such damage to all substantially the same condition as existed prior to such casualty. However, Landlord shall have no obligation to repair any damage to, or to replace, Tenant's personal property owned or any other property or effect of Tenant except if such fire or casualty was caused by it to the willful misconduct of Landlord or its agents, contractors or employees. If the entire Demised Premises shall be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise rendered untenantable by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenantany such damage, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent and Additional Rent shall proportionately xxxxx axxxx for the period from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the date when such damage shall be repaired by Landlord to have been repaired, and if only a part of the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage Demised Premises shall be so extensive rendered untenantable, the rent and Additional Rent shall axxxx for such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the whole Building as total area of the Demised Premises. However, if, prior to render it uneconomicalthe date when all of such damage shall have been repaired any part of the Demised Premises so damaged shall be rendered untenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, the amount by which the rent and Additional Rent shall axxxx shall be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law and of any successor law of like import then in Landlord's opinionforce and Tenant agrees that the provision of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to restore for its present uses or during the Demised Term (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Landlord shall decide not to repair restore the Demised Premises, or rebuild (ii) the BuildingBuilding shall be so damaged by fire or other casualty that total alteration, demolition or reconstruction of the Building shall be required, (whether or not the Demised Premises shall be damaged or rendered untenantable), then, in any such events, Landlord, at Landlord's option, may give to Tenant within forty-five (45) days after such fire or other casualty, a thirty (30) days notice of termination of this Lease and, in the event such notice is given, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant Lease and the rent shall, in such event, be paid Demised Term shall come to an end and expire (whether or adjusted not said term shall have commenced) upon the expiration of said thirty (30) days with the same effect as of if the date of such damageexpiration of said thirty (30) days were the Expiration Date, the rent and the terms Additional Rent shall be apportioned and any prepaid portion of this Lease shall expire by lapse of time rent and conditional limitation upon the third day Additional Rent for any period after such notice is mailed, and date shall be refunded by Landlord to Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such terminationwithin thirty (30) days.

Destruction -- Fire or Other Casualty. In the case of partial damage to the Leased Premises by fire or other casualty insured against by Landlordcasualty, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it Landlord to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and this Lease shall remain in full force and effect, except that to the extent that the Leased Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualtyxxxxx, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's ’s servants, employees, agents agents, or visitors. If But if such partial damage is due to the fault or neglect of Tenant, or Tenant's ’s servants, employees, agents, agents or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore it for its present uses office building use and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to Section 9.01. If the Demised Premises shall be damaged by fire or other casualty insured against by Landlord, and if Tenant shall give immediate prompt notice thereof to LandlordOwner of such damage, who Owner, at Owner's expense, shall thereupon cause repair such damage subject to all Owner's options as hereinafter provided and further subject to the provisions of Section 9.05. However, Owner shall have no obligation to repair any damage to, or to replace, Tenant's Personal Property or any other property owned by it to or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise rendered untenantable by reason of adjustment of loss under insurance policies on any such damage, the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to Fixed Rent shall abatx xxx the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx period from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the date when such damage shall be repaired by Landlord to have been repaired, and if only a part of the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage Demised Premises shall be so extensive rendered untenantable, the Fixed Rent shall abatx xxx such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the whole Building as total area of the Demised Premises. However, if, prior to render it uneconomicalthe date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shall have been repaired. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and of any successor law of like import then in Landlord's opinionforce, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to restore for its present uses or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and Landlord if Owner shall decide not to repair restore the Demised Premises, or rebuild (ii) the BuildingBuilding shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this Lease and, in the event such notice is given, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant Lease and the rent shall, in such event, be paid Demised Term shall come to an end and expire (whether or adjusted not said term shall have commenced) upon the expiration of said five (5) days with the same effect as of if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such damage, date and the terms any prepaid portion of this Lease shall expire by lapse of time and conditional limitation upon the third day Fixed Rent for any period after such notice is mailed, and Tenant date shall thereupon vacate the Premises and surrender the same be refunded promptly by Owner to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such terminationTenant.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises premises by fire or other casualty insured against by Landlordcasualty, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause damage to all property owned by it thereupon, within ten (10) days from date of fire or casualty, commence repairs of such damage, to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, Tenant and to the extent that the Premises leased premises are rendered untenantable unrentable, the rent shall proportionately xxxxx from the date of such casualtyxxxxx, provided the damage above mentioned occurred without the fault or neglect negligence of Tenant, those employing or retaining the services of Tenant, Tenant's servants, employees, agents agent, licensees, or visitors. If But if such partial damage is due to the fault or neglect of TenantTenant or any other said persons, or Tenant's servantsto the extent that insurance proceeds respecting such damage are not subject to and, employeesin fact, agents, are not under the control or inviteesuse of Landlord, the damage shall be repaired by Landlord to the extent of Landlordat Tenant's insurance coverage, but expense and there shall be no apportionment or abatement of rent. If damage is to be repaired or correction to be made, rent will xxxxx pro-rate according to the extent of damage, if the premises remain habitable, but if the premises are not habitable during period of correction, rent will be suspended until the premises are again habitable. In the event the damage or casualty shall be so extensive to the whole Building building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Buildinguse of Tenant, this Lease, at the option of Landlord, lease shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and . Tenant shall thereupon vacate have the Premises and surrender right to terminate this lease in the same event Tenant is unable to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such terminationuse leased premises for 30 days.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises (or any part of the Premises) are rendered untenantable the rent shall proportionately xxxxx from the date of such casualtycasualty (in the case that only a part of the Premises is so affected, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due in proportion to the fault or neglect area of Tenant, or Tenant's servants, employees, agents, or invitees, such part of the damage shall be repaired by Landlord Premises to the extent area of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. the entire Premises) In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. In addition, in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs will take more than one hundred eighty (180) days for any areas of the Premises, or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred eighty (180) days, Tenant shall have the right, by written notice to Landlord to terminate the Lease as of the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (c) above.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises (or any part of the Premises) are rendered untenantable the rent shall proportionately xxxxx from the date of such casualtycasualty (in the case that only a part of the Premises is so affected, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due in proportion to the fault or neglect area of Tenant, or Tenant's servants, employees, agents, or invitees, such part of the damage shall be repaired by Landlord Premises to the extent area of Landlord's insurance coverage, but there shall be no apportionment or abatement of rentthe entire Premises). In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.. In addition, in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs will take more than one hundred eighty (180) days for any areas of the Premises, or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of one hundred eighty (180) days, Tenant shall have the right, by written notice to Landlord to terminate the Lease as of the date of the casualty, provided that Tenant gives its notice within forty-five (45) days after the date of the casualty in the case of subparagraph (a) above, within forty-five

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond LandlordXxxxxxxx's control, and to the extent that the Premises are is rendered untenantable unten=able the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, TenantXxxxxx's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's reasonable opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of LandlordLandlord or Tenant, upon written notice to the other party, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" strikes, slowdowns or any other cause beyond Landlord's control, and to . To the extent that the Premises are rendered untenantable untenantable, the rent shall proportionately xxxxx from the date of such casualtyxxxxx, provided the partial damage above mentioned occurred without the any fault or neglect on the part of Tenant, those employing or retaining the services of Tenant, Tenant's servants, employees, agents agents, licensees, invitees or visitors. If such partial damage is due to the fault or neglect of TenantTenant or any of the abovementioned persons, or Tenant's servants, employees, agentsto the extent that insurance proceeds respecting such damage are not subject to, or inviteesare not under the control and use of, Landlord, the damage shall be repaired by Landlord to the extent of Landlordat Tenant's insurance coverage, but expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore the Premises for its present uses and the use of Tenant specified in Paragraph 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingPremises, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and Tenant, the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no . No such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage and subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part party of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Leased Premises are rendered untenantable untenantable, the rent shall proportionately xxxxx from xxxxx, unless Tenant cannot materially conduct business, in which case the date of such casualty, Premises shall be deemed untenantable provided the damage above mentioned occurred without the fault or neglect of Tenant, those employing or retaining the services of Tenant, Tenant's servants, employees, agents agents, licensees, invitees or visitors. If But if such partial damage is due to the fault or neglect of TenantTenant or any of other said persons, or Tenant's servantsto the extent that insurance proceeds respecting such damage are not subject to and, employeesin fact, agents, or inviteesare not under the control and use of Landlord, the damage shall be repaired by Landlord to the extent of Landlordat Tenant's insurance coverage, but expenses and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and the use of Tenant, as specified in paragraph 5 hereof, or Landlord shall decide not to repair or rebuild the Buildingbuilding, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's ’s servants, employees, agents or visitorsinvitees. If such partial damage is due to the fault or neglect of Tenant, or Tenant's ’s servants, employees, agents, agents or invitees, the damage shall be repaired by Landlord to the extent of Landlord's ’s insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. In addition, in the event that (a) Landlord estimates that its repairs will take more than two hundred seventy (270) days for any areas of the Premises, or (b) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of two hundred seventy (270) days for any areas of the Premises, Tenant shall have the right, by written notice to Landlord to terminate the Lease as of the date of the casualty, provided that Tenant gives its within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (a) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (b) above.

Destruction -- Fire or Other Casualty. In case the event of partial or total damage to the Premises by fire or other casualty destruction insured against by LandlordLandlord to the Leased Premises by fire, other casualty, or any other cause whatsoever (except condemnation), Tenant shall give immediate notice thereof to Landlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, who to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, may be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Leased Premises are rendered untenantable untenantable, the rent shall proportionately xxxxx from as of the date of such the casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, uneconomical in the Landlord's opinion, to restore the Leased Premises for its present uses and the use of Tenant as specified in Section 4 hereof or Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Leased Premises and sad surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. If the casualty occurs during the last year of the Lease Term, Tenant, at its option, may terminate the Lease and be relieved of any further liability under the Lease, provided it gives notice of such election to Landlord within thirty (30) days after the date such casualty occurs. Each of the parties hereto agrees to exercise its best efforts to have every casualty insurance policy (which it carries as an insured with regard to the Leased Premises, or any part thereof, and with regard to any personal property which is or may be on or in the Leased Premises, or any part thereof) include a subrogation waiver clause, pursuant to which the insurance coverage involved shall not be invalidated by a waiver by either party hereto of any and all right of recovery against the other party and with regard to any liability for any action or lack of action by such other party hereto, and by which the insurer expressly waives any and all rights of subrogation to any rights or claims of the insured against the other party hereto. So long as any such casualty insurance policy carried by a party hereto as the insured shall be available with such a subrogation clause, or one to like effect, at no greater premium charge than would be made for such policy without such clause, then, notwithstanding any other provision of this Lease, the party hereto carrying such insurance and the insured thereunder agrees to waive all right of recovery against the other for any loss, or with regard to any liability to the extent covered by such insurance. In the event such a subrogation clause is only available at such greater premium charge, then the party carrying such insurance shall have no further obligation to have such clause included in such insurance.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's control, ’s control and to the extent that the Premises are rendered untenantable actually untenantable, the rent shall proportionately xxxxx from xxxxx, unless Tenant cannot materially conduct business, in which case the date of such casualtyPremises shall be deemed untenantable. Notwithstanding the foregoing, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If if such partial damage is due to the fault or neglect of Tenant or those employing or retaining the services of Tenant, or Tenant's ’s servants, employees, agents, contractors, licensees, invitees or inviteesvisitors, or to the extent that insurance proceeds respecting such damage are not subject to and, in fact, are not under the control and use of Landlord, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but at Tenant’s expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease, at the option of Landlord, shall be terminated Lease upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunderhereunder or any other obligations which expressly survive the termination of this Lease. In no event shall Landlord have any obligation to repair or restore any of Tenant’s improvements or property provided, further, that in the event Landlord repairs or from restores the Premises, Tenant shall promptly restore all of Tenant’s improvements, fixtures, equipment and other property damaged in such casualty. The provisions of any obligations accrued hereunder prior statute causing a Lease termination or otherwise granting a party the right to such terminationterminate the Lease by reason of fire or other casualty are hereby waived and superceded by this Section 19.

Destruction -- Fire or Other Casualty. In case the event of partial or total damage to the Premises by fire or other casualty destruction insured against by LandlordLandlord to the Leased Premises by fire, other casualty, or any other cause whatsoever (except condemnation), Tenant shall give immediate notice thereof to Landlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, who to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, may be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Leased Premises are rendered untenantable and such casualty arises through no fault of Tenant or its invitees, the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rentxxxxx. In the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, uneconomical in the Landlord's ’s opinion, to restore the Leased Premises for its present uses and the use of Tenant as specified in Section 4 hereof or Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination, provided that so long as such casualty arises through no fault of Tenant or its invitees, the rent shall proportionately xxxxx through the date of such termination according to the preceding sentence of this Section 17.

Destruction -- Fire or Other Casualty. In case of partial damage to 13.1 If the Premises Building shall be partially damaged or destroyed or if the demised premises shall be partially or totally damaged or destroyed by fire fire, casualty or other casualty insured against by Landlordsuch cause, Tenant shall give immediate notice thereof to Landlordthen, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" whether or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided not the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to destruction shall have resulted from the fault or neglect of Tenant, or Tenant's its servants, employees, agents, visitors or inviteeslicensees (and if this Lease shall not have been canceled as in this Article hereinafter provided), Landlord will repair the damage, and restore, replace, and rebuild the Building and the demised premises, with reasonable dispatch and continuity after notice to it of the damage or destruction; provided, however, that Landlord shall not be required to repair or replace any property of Tenant or any installation or leasehold improvement made by or for Tenant at the expense of Tenant. If the demised premises shall be partially damaged, destroyed, or inaccessible, the rent and additional rent payable hereunder shall be abated to the extent that the demised premises shall have been rendered untenantable or unfit for Tenant's use and Tenant does not occupy such damaged or destroyed part of the premises on other than an emergency basis for the period from the date of such damage or destruction to the date that the damage shall be repaired by Landlord to or restored. If the extent of Landlord's insurance coverage, but there demised premises or a major part thereof shall be no apportionment totally, or abatement substantially totally, damaged or destroyed or rendered completely or substantially completely, untenantable on account of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomicalfire, in Landlord's opinioncasualty or other such cause, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted and additional rent shall completely xxxxx as of the date of such damagethe damage or destruction and until Landlord shall repair, restore, replace and rebuild the terms demised premises; provided, however, that should Tenant reoccupy a portion of the demised premises for the purpose of conducting business during the period the restoration work is taking place and prior to the date that the same is made completely tenantable, rent and additional rent shall be apportioned and payable by Tenant in proportion to the part of the demised premises occupied by it. Landlord shall make the repairs and restorations under the conditions of this Lease Article with reasonable dispatch and diligence and shall expire complete such restorations within six (6) months (the "Restoration Period") of the date of the casualty. If Landlord fails to complete such restorations within the Restoration Period, Tenants shall have the right to terminate this lease, by lapse written notice, which right must be exercised within thirty (30) days after the end of time and conditional limitation upon the third day after such notice is mailedRestoration Period. In that event, and Tenant shall thereupon be obligated to vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such terminationdemised premises within thirty (30) days thereafter.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's ’s servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's ’s insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, to the extent of insurance proceeds actually received by Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's ’s servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's ’s servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's ’s insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon a date which is mutually acceptable to Landlord and Tenant, which date is no sooner than thirty (30) days after the third day after such date upon which Tenant receives written notice is mailedthereof from Landlord, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and and, to the extent that the Premises are rendered actually untenantable by such damage, the rent shall proportionately xxxxx from xxxxx, unless Tenant cannot materially conduct business, in which case the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage Premises shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rentdeemed untenantable. In the event (a) the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and the use of Tenant, as specified in Article 5 hereof, or Landlord shall decide not to repair or rebuild the Building, then Landlord may elect to terminate this Lease, at the option of Landlord, shall be terminated Lease upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, or (b) damage shall be so extensive that the entire Premises shall be rendered actually untenantable and Landlord shall not have caused the Premises to be restored within 180 days following the occurrence of such damage (the "Restoration Period"), then, provided such damage was not caused by the gross negligence or intentional act or omission of Tenant or Tenant's servants, employees, agents, licensees, invitees or visitors, Tenant may elect to terminate this Lease by written notice to Landlord received by Landlord within the thirty (30) day period following the expiration of the Restoration Period, and this Lease shall expire by lapse of time upon the third day after such notice is timely received by Landlord. Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall not release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it Landlord to be repaired with reasonable speed at expense of Landlordlandlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent Rent shall proportionately xxxxx from the date of such casualtyxxxxx, provided the damage above above-mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents agents, or visitors. If But if such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, agents or invitees, the damage shall be repaired by Landlord to the extent of Landlordat Tenant's insurance coverage, but expense and there shall be no apportionment or abatement of rentRent. In the event the damage shall be so extensive to the whole Office Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Office Building use or Landlord shall decide not to repair or rebuild the Office Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent Rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlordlandlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case the event of partial or total damage to the Premises by fire or other casualty destruction insured against by LandlordLandlord to the Leased Premises by fire, other casualty, or any other cause whatsoever (except condemnation), Tenant shall give immediate notice thereof to Landlord and: (a) this Lease shall continue in full force and effect, and (b) Landlord, who to the extent that insurance proceeds respecting such damage or destruction are subject to being utilized for and, in fact, may be utilized by Landlord therefor, shall thereupon cause such damage or destruction to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to . To the extent that the Leased Premises are rendered untenantable untenable, in whole or in part, the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitorsabatx. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In Xx the event the damage or destruction shall be so extensive to the whole Building as to render it uneconomical, in Landlord's reasonable opinion, to restore for its present uses and the Building, or Landlord shall decide within sixty (60) days after the date of such damage not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant within seventy-five (75) days after the date of such damage and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and . Tenant shall thereupon vacate the Leased Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations or duties imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination. Notwithstanding the foregoing, Tenant shall have the right to terminate this Lease (i) if it can reasonably be expected, as determined by Landlord, that the repair, restoration or reconstruction of the Building cannot be completed within one hundred eighty days from the date of such damage, provided Tenant is not then in default and Tenant gives Landlord written notice of such election within forty-five (45) days after the date of such damage, or, (ii) Landlord is unable to restore the Leased Premises within two hundred ten (210) days after the date of such damage.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx from abatx xxxm the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building as to render it uneconomical, in Landlord's opinion, to restore for its present uses and Landlord shall decide not to repair or rebuild the Building, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage and Landlord, to all property owned by it the extent that insurance proceeds respecting such damages are subject to be repaired with reasonable speed at expense and, in fact, are under the control and use of Landlord, due allowance being made for reasonable delay which may arise by any reason of adjustment of loss under insurance policies on the part of the Landlord and/or and/or-Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond the Landlord's ’s control, and to the extent that the lease Premises are rendered untenantable untenantable, the rent shall proportionately xxxxx from the date of such casualtyxxxxx, provided the damage above mentioned occurred without the fault or neglect of TenantTenant or any other said persons, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect extent that insurance proceeds respecting such damage are not subject to, and in fact, are not under the-control and use of Tenant, or Tenant's servants, employees, agents, or inviteesLandlord, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but at Tenant’s expense and there shall be no apportionment or abatement of for rent. In the event the damage shall be so extensive to the whole Building building as to render it uneconomical, in Landlord's ’s opinion, to restore for its present uses and Landlord shall decide not to the use of repair or rebuild the Buildingbuilding, this Leaselease, at the option of the Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who shall thereupon cause damage to all property owned by it to be repaired with reasonable speed at expense of LandlordLandlord to substantially the condition of the Premises prior to the damage, subject to customary requirements of any mortgage regarding placement of proceeds into trust, submitting requisitions, etc., due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "“labor troubles" ” or any other cause beyond Landlord's ’s control, and to . To the extent that the Premises are rendered untenantable in whole or in part the rent shall proportionately xxxxx from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the damage shall be repaired by Landlord to the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive as to render the whole Building as to render it uneconomical, in Landlord's opinion, to restore untenantable or not reasonably usable by Tenant for its present uses and Landlord shall decide not to repair or rebuild the Buildingbusiness purposes, then this Lease, at the option of Tenant or Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant either party from any liability such party to Landlord the other arising from such damage or from any breach of the obligations imposed on Tenant such party hereunder, or from any obligations accrued hereunder prior to such termination. In addition, in the event that (a) Landlord fails to notify Tenant of the estimated time to complete the restoration within thirty (30) days after the casualty, (b) Landlord estimates that its repairs will take more than two hundred seventy (270) days for any areas of the Premises, or (c) Tenant is actually deprived of the use of all or any substantial portion of the Premises for a period in excess of two hundred seventy (270) days for any areas of the Premises, Tenant shall have the right, by written notice to Landlord to terminate the Lease as of the date of the casualty, provided that Tenant gives its notice within (45) days after the date of the casualty in the case of subparagraph (a) above, within thirty (30) days after receipt of Landlord’s notice of the estimated time to complete the restoration or repair in the case of subparagraph (b) above, or within thirty (30) days after failing to meet the deadline set forth in subparagraph (c) above. .

Destruction -- Fire or Other Casualty. In case of partial damage to Section 9.01. If the Demised Premises shall be damaged by fire or other casualty insured against by Landlord, and if Tenant shall give immediate prompt notice thereof to LandlordOwner of such damage, who Owner, at Owner's expense, shall thereupon cause repair such damage. However, Owner shall have no obligation to repair any damage to, or to all replace, Tenant's Personal Property or any other property owned by it to or effects of Tenant. Except as otherwise provided in Section 9.03, if the entire Demised Premises shall be repaired with reasonable speed at expense of Landlord, due allowance being made for reasonable delay which may arise rendered untenantable by reason of adjustment of loss under insurance policies on any such damage, the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to Fixed Rent shall abatx xxx the extent that the Premises are rendered untenantable the rent shall proportionately xxxxx period from the date of such casualty, provided the damage above mentioned occurred without the fault or neglect of Tenant, Tenant's servants, employees, agents or visitors. If such partial damage is due to the fault or neglect of Tenant, or Tenant's servants, employees, agents, or invitees, the date when such damage shall be repaired by Landlord to have been repaired, and if only a part of the extent of Landlord's insurance coverage, but there shall be no apportionment or abatement of rent. In the event the damage Demised Premises shall be so extensive rendered untenantable, the Fixed Rent shall abatx xxx such period in the proportion which the area of the part of the Demised Premises so rendered untenantable bears to the whole total area of the Demised Premises. However, if, prior to the date when all of such damage shall have been repaired, any part of the Demised Premises so damaged shall be rendered tenantable and shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Fixed Rent shall abatx xxxll be equitably apportioned for the period from the date of any such use or occupancy to the date when all such damage shall have 8 been repaired. Owner agrees that if it is reimbursed by its rent insurance policies covering the Building as for a time following the date the Demised Premises, or any part thereof, shall once again become tenantable and prior to render it uneconomicalthe date Tenant shall resume the conduct of its business in the Demised Premises or such part thereof, in Landlord's opinionwhich time period Tenant enters the Demised Premises to perform work therein to re-install or repair its business equipment and other personal property, any abatement with respect to restore such space shall extend beyond the date such space has become so tenantable by the number of days that such rent insurance policy provides Owner with reimbursement for its present uses Tenant to perform such work. Tenant hereby expressly waives the provisions of Section 227 of the New York Real Property Law, and Landlord of any successor law of like import then in force, and Tenant agrees that the provisions of this Article shall govern and control in lieu thereof. Notwithstanding the foregoing provisions of this Section, if, prior to or during the Demised Term, (i) the Demised Premises shall be totally damaged or rendered wholly untenantable by fire or other casualty, and if Owner shall decide not to repair restore the Demised Premises, or rebuild (ii) the BuildingBuilding shall be so damaged by fire or other casualty that, in Owner's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Demised Premises shall have been damaged or rendered untenantable), then, in any of such events, Owner, at Owner's option, may give to Tenant, within ninety (90) days after such fire or other casualty, a five (5) days' notice of termination of this Lease and, in the event such notice is given, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant Lease and the rent shall, in such event, be paid Demised Term shall come to an end and expire (whether or adjusted not said term shall have commenced) upon the expiration of said five (5) days with the same effect as of if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent shall be apportioned as of such damage, date and the terms any prepaid portion of this Lease shall expire by lapse of time and conditional limitation upon the third day Fixed Rent for any period after such notice is mailed, and Tenant date shall thereupon vacate the Premises and surrender the same be refunded by Owner to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such terminationTenant.

Destruction -- Fire or Other Casualty. In case of partial damage to the Premises by fire or other casualty casualty, insured against by Landlord, Tenant shall give immediate notice thereof to Landlord, who and Landlord, to the extent that insurance proceeds respecting such damage are subject to and, in fact, are under the control and use of Landlord, shall thereupon cause such damage to all property owned by it Landlord to be repaired with reasonable speed at the expense of Landlord, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance policies on the part of Landlord and/or Tenant, and for reasonable delay on account of "labor troubles" or any other cause beyond Landlord's control, and to the extent that the Premises are rendered untenantable untenantable, the rent shall proportionately xxxxx from the date of such casualtyxxxxx, provided the damage above mentioned occurred without the fault or neglect of Tenant, those employing or retaining the services of Tenant, Tenant's servants, employees, agents agents, contractors, licensees, invitees or visitors. If But if such partial damage is due to the fault or neglect of Tenant, Tenant or Tenant's servants, employees, agents, or inviteesany of other said persons, the damage shall may be repaired by Landlord to the extent of Landlordat Tenant's insurance coverage, but expense and there shall be no apportionment or abatement of rent. In the event the damage shall be so extensive to the whole Building Premises as to render it uneconomical, in Landlord's opinion, to restore for its present uses and the use of Tenant, as specified in Paragraph 5 hereof, or Landlord shall decide not to repair or rebuild the BuildingPremises, this Lease, at the option of Landlord, shall be terminated upon written notice to Tenant and the rent shall, in such event, be paid to or adjusted as of the date of such damage, and the terms of this Lease shall expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Tenant shall thereupon vacate the Premises and surrender the same to Landlord, but no such termination shall release Tenant from any liability to Landlord arising from such damage or from any breach of the obligations imposed on Tenant hereunder, or from any obligations accrued hereunder prior to such termination.