Common use of DESTRUCTION OF PREMISES Clause in Contracts

DESTRUCTION OF PREMISES. In the event of a partial destruction of the Premises by an insured casualty during the said term from any cause, Landlord shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days, including receipt of all necessary governmental approvals, under the laws and regulations of State, Federal, County or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the said Premises in the mmnable judgement of Landlord. If such repairs cannot be made in one hundred eighty (180) days, Tenant, or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the Lease. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Tenant. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building in which the Premises may be situated be destroyed to the extent of not less than 33-1/3% of the replacement cost thereof, Landlord may elect to terminate this Lease, whether the Premises be inured or not. A total destruction of the Building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or Tenant. In all events Landlord shall not be required to restore additions, alterations or improvements made by Tenant or replace Tenant's fixtures or personal property.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the Premises by an insured casualty said promises during the said term term, from any cause, Landlord Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty sixty (18060) days, including receipt days from date of all necessary governmental approvals, destruction under the laws and regulations of the State, Federal, County or Municipal authorities, but such partial . Partial destruction shall in no way annul or void not terminate this Leaselease, except that Tenant Lessee shall be entitled to a proportionate reduction of deduction in rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in Lessee In the said Premises in premises. In the mmnable judgement event that Lessor does not elect to make, or cannot make, such repairs within such sixty (60) days of Landlord. If date of destruction, or such repairs cannot be made in one hundred eighty (180) days, Tenant, or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairsunder such laws and regulations, this Lease continuing in full force and lease may be terminated at the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the Leaseoption of either party. In respect to any partial destruction which Landlord Lessor is obligated to repair repair, or may elect to repair under the terms of this paragraph, the provision provisions of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, 2 of the Civil civil Code of the State of California are waived by TenantLessee. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building building in which the Premises may be premises are situated be are destroyed to the extent of not less than thirty-three and one-third percent (33-1/3% %) of the replacement cost thereof, Landlord . Lessor may elect to terminate this Leaselease, whether the Premises be inured promises are injured or not. A total destruction of the Building building in which the said Premises may be promises are situated shall terminate this Lease at lease effective as of the option date of Landlord or Tenantdestruction. In all events Landlord the event of any dispute between Lessor and Lessee relative to the provisions of this paragraph, they shall not each select an arbitrator. the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision shall be required to restore additionsfinal and binding upon both Lessor and Lessee, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertywho shall bear the cost of such arbitration equally between them.

DESTRUCTION OF PREMISES. In the event the premises are totally destroyed, then this lease will be forthwith terminated. In the event the demised premises are part of a building and such building is damaged to such an extent that the cost of repairs exceeds one-third of the cost of replacement of said building, then at the option of the Lessor, this lease shall terminate. In the event of a partial destruction of the Premises premises, which Lessor elects to or is bound to repair, the same shall be repaired by an insured casualty during the said term from any cause, Landlord shall forthwith repair the same, provided Lessor as soon as reasonably possible if such repairs can be made within one hundred eighty in ninety (18090) days, including working days after receipt of all necessary governmental approvals, permits under the laws laws, ordinances and regulations of Stateapplicable thereto, Federal, County or Municipal authorities, and also if the necessary financing therefor is obtainable on a reasonable basis from local lending agencies; but such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the said Premises in the mmnable judgement of Landlord. If if such repairs cannot be made in one hundred eighty (180) daysso made, Tenantthen this lease, or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the Lease. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Tenant. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building in which the Premises may be situated be destroyed to the extent of not less than 33-1/3% of the replacement cost thereof, Landlord may elect to terminate this Lease, whether the Premises be inured or not. A total destruction of the Building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or TenantLessor, shall terminate; but if not so terminated, then Lessor shall repair the same as soon as reasonably possible. In all events Landlord During the time such repairs are being made Lessor shall not unreasonably interfere with Lessee's business, and the rent for such period shall be required reduced proportionately to restore additions, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertythe extent Lessee is deprived of the use of the premises. Lessee waives the provisions of sections 1932 (subdivision 2) and 1933 (subdivision 4) of the California Civil Code.

DESTRUCTION OF PREMISES. 25. In the event of a partial destruction of the Premises by an insured casualty during the said term from any cause, Landlord Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days, including receipt of all necessary governmental approvals, ?? days under the laws and regulations of State, Federal, County or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Tenant Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant Lessee in the said Premises in the mmnable judgement of LandlordPremises. If such repairs cannot be made in one hundred eighty (180) ?? days, Tenant, or Landlord Lessor may, at their his option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairsmake same within a reasonable time, this Lease continuing in full force and effect and the rent to be proportionately reduced as aforesaid providedin ?? days, however, that if or such repairs are to take more than one-hundred eighty (180) dayscannot be made under such laws and regulations, Tenant this Lease may elect to terminate be terminated at the Leaseoption of either party. In respect to any partial destruction which Landlord Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by TenantLessee. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building building in which the Premises may be situated be destroyed to the extent of not less than 33-33 1/3% of the replacement cost thereof, Landlord Lessor may elect to terminate this Lease, whether the Premises be inured injured or not. A total destruction of the Building building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or TenantLease. In all events Landlord the event of any dispute between Lessor and Lessee relative to the provisions of this paragraph, they shall not each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be required to restore additionsfinal and binding upon both Lessor and Lessee, alterations or improvements made by Tenant or replace Tenant's fixtures or personal property.who shall bear the cost of such arbitration equally between them. ASSIGNMENT AND SUBLETTING

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises by an insured casualty during the said term Lease Term from any causecause which is covered by Lessor's property insurance, Landlord Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days, including receipt days after the date of all necessary governmental approvals, under the laws and regulations of State, Federal, County or Municipal authoritiescasualty, but such partial destruction shall in no way annul or void this Lease, except that Tenant Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the said Premises in the mmnable judgement of LandlordRent. If such repairs cannot be made in one hundred eighty (180) days, Tenant, or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the Lease. In With respect to any partial destruction which Landlord Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by TenantLessee. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building building in which the subject Premises may be situated be is destroyed to the an extent of not less greater than 33thirty-three and one-third percent (33 1/3% %) of the replacement cost thereofthereof or which cannot be completed within 6 months after the casualty, Landlord may Lessor or Lessee may, at their sole option, elect to terminate this Lease, whether the Premises be inured or not. A total destruction of the Building building in which the said subject Premises may be are situated shall terminate this Lease Lease. Notwithstanding the above, Lessor is only obligated to repair or rebuild to the extent of available insurance proceeds including any deductible amount paid by Lessee. Should Lessor determine that insufficient or no insurance proceeds are available for repair or reconstruction of Premises, Lessor, at its sole option, may terminate the Lease. Lessee shall have the option of Landlord or Tenant. In continuing this Lease by agreeing to pay all events Landlord shall not be required repair costs to restore additions, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertythe subject Premises.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the said Premises by an insured casualty during the said term term, from any cause, Landlord shall forthwith repair the same, provided such repairs can be made within one hundred eighty sixty (18060) days, including receipt of all necessary governmental approvals, days under the laws and regulations of State, Federal, County or Municipal authorities, but such partial destruction shall in no way wise annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction deduction of rent while such repairs are being made, such proportionate reduction deduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the said Premises in the mmnable judgement of LandlordPremises. If such repairs cannot be made in one hundred eighty sixty (18060) days, Tenant, or Landlord may, at their his option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairsmake same within a reasonable time, this Lease continuing in full force and effect and the rent to be proportionately reduced rebated as aforesaid in this paragraph provided, however, . In the event that if Landlord does not so elect to make such repairs are to take more than one-hundred eighty which cannot be made in sixty (18060) days, Tenant or such repairs cannot be made under such laws and regulations, this Lease may elect to terminate be terminated at the Leaseoption of either party. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision provisions of Section 1932, Subdivision 2, 2 and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Tenant. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building building in which the demised Premises may be situated be destroyed to the extent of not less than 33-33 1/3% of the replacement cost thereof, Landlord may elect to terminate this Lease, whether the demised Premises be inured injured or not. A total destruction of the Building building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or TenantLease. In all events the event of any dispute between Landlord and Tenant relative to the provisions of this paragraph, they shall not each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be required to restore additionsfinal and binding on both Landlord and Tenant, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertywho shall bear the cost of such arbitration equally between them.

DESTRUCTION OF PREMISES. 25. In the event of a partial destruction of the Premises by an insured casualty during the said term from any causecause covered by Insurance except earthquake, Landlord Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty ninety (18090) days, including receipt of all necessary governmental approvals, days under the laws and regulations of State, Federal, County or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Tenant Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant Lessee in the said Premises in the mmnable judgement of LandlordPremises. If such repairs cannot be made in ninety (90) days, Lessor may, at his option, make same within a reasonable time not to exceed one hundred eighty (180) days, Tenant, or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and effect and the rent to be proportionately reduced as aforesaid in this paragraph provided, however, . In the event that if Lessor does not so elect to make such repairs are to take more than one-which cannot be made in ninety (90) days, or such repairs cannot be made under such laws and regulations within one hundred eighty (180) days, Tenant this Lease may elect to terminate be terminated at the Leaseoption of either party. In respect to any partial destruction which Landlord Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by TenantLessee. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building building in which the Premises may be situated be destroyed to the extent of not less than 33-1/3% thirty three and one third percent (331/3%) of the replacement cost thereof, Landlord Lessor may elect to terminate this Lease, whether the Premises be inured injured or not. A total destruction of the Building building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or TenantLease. In all events Landlord the event of any dispute between Lessor and Lessee relative to the provisions of this paragraph, they shall not each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be required to restore additionsfinal and binding upon both Lessor and Lessee, alterations or improvements made by Tenant or replace Tenant's fixtures or personal property.who shall bear the cost of such arbitration equally between them. Assignment and Subletting

DESTRUCTION OF PREMISES. In the event of a partial destruction of the Premises by an insured casualty ----------------------- premises during the said term from any cause, Landlord Lessor shall forthwith repair the same, provided such the repairs can be made within one hundred eighty thirty (18030) days, including receipt or such other period of all necessary governmental approvalstime upon which Lessor and Lessee shall agree, under the laws and regulations of State, Federal, County or Municipal applicable governmental authorities, but such . Any partial destruction shall in no way neither annul or nor void this Leaselease, except that Tenant the Lessee shall be entitled to a proportionate reduction of rent while such the repairs are being made, such any proportionate reduction to be being based upon on the extent to which the making of such repairs shall interfere with the business carried on by Tenant Lessee in the said Premises premises. If the repairs are made within thirty (30) days, this lease shall continue in full force and effect and the rent shall be proportionately rebated as previously set forth in this section. In the event that Lessor does not elect to make repairs that cannot be made in the mmnable judgement of Landlord. If such specified time, or those repairs cannot be made in one hundred eighty (180) days, Tenant, or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to under the extent of one-third (1/3) laws and regulations of the Replacement Cost applicable governmental authorities, this lease may be terminated at the option of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or lesseither party. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the Lease. In respect to of any partial destruction which Landlord that Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision provisions of Section 1932any applicable law-authorizing Lessee to make repairs at the expense of Lessor, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are hereby waived by TenantLessee. When a partial destruction of Should the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building building in which the Premises may be demised premises are situated be destroyed to the extent of not less than 33-1/3% Forty Percent (40%) of the replacement cost thereof, Landlord may elect this lease shall be terminated. Any dispute between Lessor and Lessee relative to terminate the provisions of this Leasesection shall be subject to arbitration, whether pursuant to Section 25, below. Each party shall select an arbitrator and the Premises be inured or nottwo arbitrators so selected shall select a third arbitrator between them, the controversy being heard by the three arbitrators so selected. A total destruction The decision of the Building in which three arbitrators shall be final and binding on both Lessor and Lessee, who shall bear the said Premises may be situated shall terminate this Lease at cost of the option of Landlord or Tenant. In all events Landlord shall not be required to restore additions, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertyarbitration equally between them.

DESTRUCTION OF PREMISES. In the event of a damage or partial destruction of the Premises by an insured casualty during the said term Term, from any causecause covered by insurance carried, Landlord or required to be carried, by Lessor under this Lease, Lessor shall forthwith repair the same, provided (a) no Event of Default is continuing, (b) such repairs can can, in Lessor’s reasonable judgment, be made completed by within one hundred eighty (180) days, including receipt of all necessary governmental approvals, days after such damage under the laws and regulations of State, Federal, County or Municipal authorities, but such and (c) Lessee shall assign to Lessor the proceeds of the insurance Lessee is required to carry on the improvements and betterments in the Premises in accordance with paragraph 10.2. Such damage or partial destruction shall in no way annul or void this Lease, except that Tenant . Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant Lessee in the said Premises in the mmnable judgement of LandlordPremises. If the cause of such repairs is not so covered by insurance or cannot, in Lessor’s reasonable judgment, be completed within one hundred eighty (180) days after the damage or partial destruction, Lessor shall provide Lessee written notice thereof (“Lessor’s Damage Notice”) within sixty (60) days after such damage occurs and Lessor may, at its option, elect (and shall notify Lessee of such election in Lessor’s Damage Notice) to (a) make such repairs within a reasonable time, this Lease continuing in full force, or (b) terminate this Lease by notice to Lessee. In the event that Lessor does not so elect to make such repairs because the damage is not covered by insurance or cannot be made in one hundred eighty (180) daysdays under applicable laws and regulations, Tenant, Lessee or Landlord may, at their option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord Lessor may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and by written notice to the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty other given within thirty (18030) days, Tenant may elect to terminate the Leasedays after delivery of Lessor’s Damage Notice. In respect to any partial destruction which Landlord Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision provisions of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by TenantLessee. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building is damaged and the cost to repair the damage and restore the Building to its previous condition (including any required code upgrades) would, in which the Premises may be situated be destroyed to the extent of not less than 33-Lessor’s reasonable judgment, exceed 33 1/3% of the replacement cost thereofof the Building and other improvements on the Premises, Landlord Lessor may elect to terminate this Lease, whether the Premises be inured are damaged or not. A total destruction of the Building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or TenantLease. In all events Landlord the event of any dispute between Lessor and Lessee relative to the provisions of this paragraph, such dispute shall not be required resolved by mandatory arbitration pursuant to restore additionsthe Commercial Arbitration Rules of the American Arbitration Association, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertyusing a panel of three (3) neutral arbitrators. The three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be final and binding upon both Lessor and Lessee, who shall bear the cost of such arbitration equally between them.

DESTRUCTION OF PREMISES. In the event the premises are totally destroyed, then this lease will be forthwith terminated. In the event the demised premises are part of a building and such building is damaged to such an extent that the cost of repairs exceeds one-third of the cost of replacement of said building, then at the option of the Lessor, this lease shall terminate. In the event of a partial destruction of the Premises premises, which Lessor elects to or is bound to repair, the same shall be repaired by an insured casualty during the said term from any cause, Landlord shall forthwith repair the same, provided Lessor as soon as reasonably possible if such repairs can be made within one hundred eighty in ninety (18090) days, including working days after receipt of all necessary governmental approvals, permits under the laws laws, ordinances and regulations of Stateapplicable thereto, Federal, County or Municipal authorities, and also if necessary financing therefor is obtainable on a reasonable basis from local lending agencies; but such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the said Premises in the mmnable judgement of Landlord. If if such repairs cannot be made in one hundred eighty (180) daysso made, Tenant, or Landlord maythen this lease, at their optionthe option of Lessor, terminate this Leaseshall terminate; but if not so terminated, then Lessor shall repair the same as soon as reasonable possible. For purposes of this paragraph 'partial destruction" During the time such repairs are being made Lessor shall mean destruction not unreasonably interfere with Lessee's business, and the rent for such period shall be reduced proportionately to the extent Lessee is deprived of one-third the use of the premises. lessee wives the provisions of sections 1932 subdivision 2) and 1933 (1/3subdivision 4) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or lessCalifornia Civil Code. In the event of partial or total destruction, Lessee shall have the Premises are more than partially destroyed, Landlord may elect right to terminate cancel this Lease or may proceed with repairs, this Lease continuing in full force and the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the Lease. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Tenant. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building in which the Premises may be situated be destroyed to the extent of not less than 33-1/3% of the replacement cost thereof, Landlord may elect to terminate this Lease, whether the Premises be inured or not. A total destruction of the Building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or Tenant. In all events Landlord shall not be required to restore additions, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertylease.

DESTRUCTION OF PREMISES. 25. In the event of a partial destruction of the Premises by an insured casualty during the said term of this Lease from any causecause covered by insurance carried, Landlord or required to be carried, by Lessor under this Lease, Lessor shall forthwith repair the same, provided such repairs can be made within one two hundred eighty seventy (180270) days, including receipt of all necessary governmental approvals, days following such partial destruction under the laws and regulations of State, Federal, County or Municipal authorities, but such partial destruction shall in no way annul or void this Lease, except that Tenant Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant Lessee in the said Premises in the mmnable judgement of LandlordPremises. If the cause of such repairs is not so covered by insurance or cannot be made in one two hundred eighty seventy (180270) days, Tenant, or Landlord Lessor may, at their his option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairsmake same within a reasonable time, this Lease continuing in full force and effect and the rent to be proportionately reduced as aforesaid in this paragraph provided, however, . In the event that if Lessor does not so elect to make such repairs are to take more than one-the cause of which is not so covered by insurance or such repairs cannot be made in two hundred eighty seventy (180270) daysdays under such laws and regulations, Tenant this Lease may elect to terminate be terminated at the Leaseoption of either party. In respect to any partial destruction which Landlord Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by TenantLessee. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building in which the Premises may be situated be destroyed to the extent of not less than 33-33 1/3% of the replacement cost thereof, Landlord Lessor may elect to terminate this Lease, whether the Premises be inured injured or not. A total destruction of the Building in which the said Premises may be situated shall terminate this Lease at the option of Landlord or TenantLease. In all events Landlord the event of any dispute between Lessor and Lessee relative to the provisions of this paragraph, they shall not each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be required to restore additionsfinal and binding upon both Lessor and Lessee, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertywho shall bear the cost of such arbitration equally between them.

DESTRUCTION OF PREMISES. In the event of a partial destruction of the Premises by an insured casualty premises during the said term hereof, from any cause, Landlord Lessor shall forthwith repair the same, provided that such repairs can be made within one hundred eighty sixty (18060) days, including receipt of all necessary days under existing governmental approvals, under the laws and regulations of State, Federal, County or Municipal authoritiesregulations, but such partial destruction shall in no way annul or void not terminate this Leaselease, except that Tenant Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried of Lessee on by Tenant in the said Premises in the mmnable judgement of Landlordpremises. If such repairs cannot be made in one hundred eighty within said sixty (18060) days, Tenant, or Landlord mayLessor, at their his option, terminate may make the same within a reasonable time, this Lease. For purposes lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or lesseither party. In the event that the Premises are more building in which the demised premises may be situated is destroyed to an extent of not less than partially destroyed, Landlord one-third of the replacement costs thereof. Lessor may elect to terminate this Lease or may proceed with repairs, this Lease continuing in full force and the rent to be proportionately reduced as aforesaid provided, however, that if such repairs are to take more than one-hundred eighty (180) days, Tenant may elect to terminate the Lease. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Tenant. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building in which the Premises may be situated be destroyed to the extent of not less than 33-1/3% of the replacement cost thereof, Landlord may elect to terminate this Lease, lease whether the Premises demised premises be inured injured or not. A total destruction of the Building building in which the said Premises premises may be situated shall terminate this Lease at the option of Landlord or Tenantlease. In all events Landlord the event of any dispute between Lessor and Lessee with respect to the provisions hereof, the matter shall be settled by arbitration in such a manner as the parties may agree upon, or if they cannot be required to restore additionsagree, alterations or improvements made by Tenant or replace Tenant's fixtures or personal property.in accordance with the rules of the American Arbitration Association. DATED 10-20-94 DATE 10/21/94 ---------------------------- -------------------------- SIGN [SIGNATURE ILLEGIBLE] SIGN [SIGNATURE ILLEGIBLE] -----------------------------Lessor ---------------------------Lessor

DESTRUCTION OF PREMISES. In the event of a partial destruction of the Premises by an insured casualty said premises during the said term term, from any cause, Landlord Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty sixty (18060) days, including receipt of all necessary governmental approvals, days under the laws and regulations of State, Federal, County or Municipal authorities, but such partial destruction shall in no way wise annul or void this Leaselease, except that Tenant Lessee shall be entitled to a proportionate reduction deduction of rent while such repairs are being made, such proportionate reduction deduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant Lessee in the said Premises in the mmnable judgement of Landlordpremises. If such repairs cannot be made in one hundred eighty sixty (18060) days, Tenant, or Landlord Lessor may, at their his option, terminate this Lease. For purposes of this paragraph 'partial destruction" shall mean destruction to the extent of one-third (1/3) of the Replacement Cost of the Premises including the Replacement Cost of Tenant's Interior Improvements paid for by Landlord, or less. In the event the Premises are more than partially destroyed, Landlord may elect to terminate this Lease or may proceed with repairsmake same within a reasonable time, this Lease lease continuing in full force and effect and the rent to be proportionately reduced rebated as aforesaid in this paragraph provided, however, . In the event that if Lessor does not so elect to make such repairs are to take more than one-hundred eighty which cannot be made in sixty (18060) days, Tenant or such repairs cannot be made under such laws and regulations, this lease may elect to terminate be terminated at the Leaseoption of either party. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California are waived by Tenant. When a partial destruction of the Premises by an uninsured casualty, Landlord agrees to repair the damage at its own cost up to Two Hundred Fifty Thousand and No/100 In the event that the Building building in which the Premises demised premises may be situated be is destroyed to the extent of not less than 33-1/333 1/3 % of the replacement cost thereof, Landlord Lessor may elect to terminate this Leasethe lease, whether the Premises demise premises be inured injured or not. A total destruction of the Building building in which the said Premises premises may be situated shall terminate this Lease at the option of Landlord or Tenantlease. In all events Landlord the event of any dispute between Lessor and Lessee relative to the provisions this paragraph, they shall not each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be required to restore additionsfinal and binding upon Lessor and Lessee, alterations or improvements made by Tenant or replace Tenant's fixtures or personal propertywho shall bear the cost of such arbitration equally between them.