Common use of Destruction of the Premises Clause in Contracts

Destruction of the Premises. (a) In the event of a partial destruction of the Premises (i.e., less than fifty percent (50%) of its Rentable Area) during the Lease Term from any cause, Lessor, upon receipt of, and to the extent of, insurance proceeds paid in connection with such casualty (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insurance) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall repair all damage and destruction to those items as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions of Section 17.21, in which instance the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril within six (6) months prior to the last day of the Lease Term (or, if Lessee has delivered its Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty (30) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty (30) days written notice to the other party.

Destruction of the Premises. (a) In the event of a partial destruction of the Premises (i.e., less than fifty percent (50%) of its Rentable Area) during the Lease Term from any cause, Lessor, upon receipt of, and to the extent of, insurance proceeds paid in connection with such casualty (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insurance) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demandcasualty, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c8.01.(b) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to the payment of rental income insurance proceeds received by Lessor; provided that if Lessor (or failed to carry such insurance as required by Article VII hereof, Lessee shall nonetheless be entitled to an abatement of rent to the proceeds that would have been received by same extent as if Lessor had Lessor maintained the insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain carried such insurance) and provided further that Lessee shall repair all damage and destruction to those items as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions acts of Section 17.21God, strikes and delays beyond Lessor's control excepted, in which instance the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril within six twelve (612) months prior to the last day of the Lease Term (or, if Lessee has delivered its taking into account any previously exercised Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended TermExtend) and, in the reasonable opinion of the Lessor’s 's architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty ninety (3090) days after the date of such damage and such damage renders unusable more than thirty percent (30%) of the Premises, Lessor or Lessee may terminate this Lease on thirty sixty (3060) days written notice to the other partyLessee.

Destruction of the Premises. (a) In the event of a partial destruction of the Premises (i.e., less than fifty percent (50%) of its Rentable Area) during the Lease Term from any cause, Lessor, upon receipt of, and to the extent of, insurance proceeds paid in connection with such casualty (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required within a reasonable time of Lessor in Subsection 7.01 above, in the event if Lessor fails does not receive such proceeds due to maintain such insuranceLessor's failure to carry same in contravention of its duty to do so under Section 7.06 above) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty ten (3010) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or equal to the amount of such proceeds that which would have been received by Lessor had Lessor maintained the insurance required paid but for Lessor's failure to carry same in contravention of Lessor in subsection 7.01 its duty to do so under Section 7.06 above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall repair all damage and destruction to those items as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions of Section 17.21, in which instance the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril within six twelve (612) months prior to the last day of the Lease Term (or, if Lessee has delivered its Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s 's architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty ninety (3090) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty sixty (3060) days written notice to the other partyLessee.

Destruction of the Premises. (a) In the event of a partial destruction of If the Premises (i.e., less than fifty percent (50%) of its Rentable Area) during the Lease Term from are damaged or destroyed by any cause, Lessor, upon receipt of, and to Landlord shall notify Tenant (the extent of, insurance proceeds paid in connection with “Casualty Notice”) within sixty (60) days after such casualty (damage or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 abovedestruction whether, in the event Lessor fails good faith opinion of Landlord’s licensed contractor, the repair of such damage can reasonably be completed within twelve (12) months from the date of such Casualty Notice. If, in the good faith opinion of Landlord’s licensed contractor, the damage to maintain the Premises cannot be repaired within twelve (12) months from the date of such insuranceCasualty Notice Landlord and Tenant shall each be permitted to terminate this Lease upon written notice to the other upon a termination to be effective as of the date of the casualty. If, in the good faith opinion of Landlord’s licensed contractor, the damage to the Premises can be repaired within twelve (12) months from the date of such Casualty Notice or if either Landlord or Tenant does not terminate the Lease as provided hereinabove, then Landlord shall forthwith conduct the repair of the Premises, including any Tenant Improvements (as defined in Exhibit F) and Alterations that are Building standard as well as Common Areas serving or providing access to the deductible from Lessee which Lessee shall pay Lessee’s Share Premises to Lessor within thirty (30) business days after demandsubstantially the same condition as existed prior to the casualty, shall forthwith repair except for modifications required by zoning and building codes and other laws and diligently pursue the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable lawsame to completion, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee Tenant shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or the proceeds that would have been received by Lessor had Lessor maintained extent the insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall repair all damage and destruction to those items as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 aboveLandlord’s repair period interfere with Tenant’s use of the Premises. Lessor and Lessee each Landlord shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions of Section 17.2118.19, in which instance the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section, provided, however, if the repairs are not completed within twelve (12) months following the date of the Casualty Notice (regardless of the time estimate for completion of the repairs and expressly excluding any additional time period for Force Majeure), then Tenant shall have the right to terminate this Lease by delivering written notice thereof to Landlord within ten (10) days after the expiration of the twelve (12) month period, with any such termination effective as of the date of the casualty. If the Premises are damaged by any peril within six twelve (612) months prior to the last day of the Lease Term (orTerm, and if Lessee Tenant has delivered not previously exercised its Option Notice pursuant to Section 3.03(a) aboveExtend, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect then either Landlord or construction consultant, the restoration of the Premises cannot be substantially completed within thirty (30) days after the date of such damage Lessor or Lessee Tenant may terminate this Lease on thirty (30) days days’ written notice to the other party, provided that, in the event Landlord terminates the Lease in accordance with the immediately foregoing provision, Landlord’s termination notice shall be ineffective if Tenant shall deliver to Landlord a notice of exercise of Tenant’s Option to Extend within ten (10) business days following receipt of notice from Landlord. In the event of any termination of this Lease effected in accordance with this Section 8.1, the parties hereto shall thereafter be freed and discharged of all further obligations hereunder, except as provided for in provisions of this Lease which survive the expiration or earlier termination of the Lease Term.

Destruction of the Premises. (a) In the event of a partial destruction of the Premises (i.e., affecting less than fifty percent (50%) of its Rentable Area) during the Lease Term from any cause, Lessor, upon receipt of, and to the extent of, insurance proceeds paid in connection with such casualty (or the proceeds that would have been received and deductibles paid by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insurance) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c8.01.(b) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor, provided further, that if Lessor (or failed to carry such insurance as required by Article VII hereof, Lessee shall nonetheless be entitled to an abatement of rent to the proceeds that would have been received by same extent as if Lessor had Lessor maintained the carried such insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain from such insurance) and provided further that Lessee shall repair all damage and destruction to those items insurance as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above7.01. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions of Section 17.21, in which instance the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril within six twelve (612) months prior to the last day of the Lease Term (or, if Lessee has delivered its Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s 's architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty ninety (3090) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty sixty (3060) days written notice to the other partyLessee.

Destruction of the Premises. (a) In the event of a partial destruction all or any part of the Premises (i.e., less than fifty percent (50%) of its Rentable Area) or the Common Area serving or providing access to the Premises are damaged during the Lease Term from any causefire or other casualty, Lessorthen Landlord shall promptly conduct the repair and diligently pursue the same to completion, upon receipt ofsubject to reasonable delays for insurance adjustment and other matters beyond Landlord’s reasonable control (in which event the provisions of Section 17.20 below shall apply), and subject to the extent ofall other terms and conditions of this Article VIII; provided, insurance proceeds paid in connection with such casualty however, Tenant (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insuranceand not Landlord) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall promptly repair all damage and destruction to those items as to which Lessee Tenant is required to maintain fire and casualty property insurance under Section 7.02 above. Lessor and Lessee each Except as otherwise provided in Section 8.01(b) below, no such damage shall use diligence in making terminate this Lease. If such repairs within fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, then Landlord shall allow Tenant a reasonable time period, subject proportionate abatement of Rent to the Force Majeure provisions extent Landlord actually receives proceeds of rental interruption insurance purchased by Landlord as part of Insurance Expenses (or would have received such proceeds had Landlord maintained the insurance required of Landlord pursuant to Section 17.217.01(iii) above), in which instance during the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with to the rent to be proportionately reduced as provided above in this Section. If extent the Premises are damaged unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided that, in any peril within six (6) months prior event, Tenant’s right to the last day xxxxx Rent shall terminate as of the later to occur of (i) the date on which Landlord completes its repairs under this Section 8.01(a), or (ii) the date (as reasonably determined by Landlord) on which Tenant should have completed its repairs under this Section 8.01(a) assuming Tenant used reasonable diligence in pursuing the same. Unless this Lease Term (or, if Lessee has delivered its Option Notice is terminated pursuant to Section 3.03(a) above8.01(b), Tenant shall pay Tenant’s Share of any insurance deductible to Landlord within six ten (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty (3010) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty (30) days written notice to the other partydemand.

Destruction of the Premises. (a) In It is understood and agreed that if the event of a partial destruction of the Premises (i.e.Building hereby leased is damaged or destroyed, less than fifty percent (50%) of its Rentable Area) in whole or in part, by fire or other casualty during the Lease Term from any causeterm hereof, Lessor, upon receipt ofthe Lessor will repair and restore the same to good tenantable condition with reasonable dispatch, and to the extent of, insurance proceeds paid in connection with such casualty (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 aboverent herein provided for shall xxxxx entirely, in case the event Lessor fails entire premises are untenantable, and pro rata for the portion untenantable, in case only a part is untenantable, until the same shall be restored to maintain such insurance) and the deductible from Lessee which a tenantable condition; provided, however, if Lessee shall pay fail to adjust Lessee’s Share 's insurance or to Lessor within thirty (30) business days after demandremove Lessee's damaged goods, shall forthwith repair the samewares, including without limitation all Tenant Improvements and Alterations, whether equipment or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made property within a reasonable time under stateand, federalas a result thereof, county and municipal applicable lawthe repairing and/or restorimg is delayed, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee there shall be entitled no abatement of rental for such period of delay. Alternatively, Lessor may elect to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall repair all damage and destruction to those items as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions of Section 17.21, in which instance the time period shall be extended accordingly, and terminate this Lease shall remain upon giving notice of such election in full force and effect, with the rent writing to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril Lessee within six sixty (6) months prior to the last day of the Lease Term (or, if Lessee has delivered its Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty (3060) days after the date happening of such damage Lessor or the event causing the damage. Lessee may terminate also elect to teminate this Lease on thirty if (30a) 50% or more of the leased premises are unusable by Lessee for conducting its business; and (b) the Premises are not restored to a tenantable and usable condition within ninety (90) days following the happening of the event causing the damage. Lessee shall provide written notice to Lessor of its intent to terminate within ten (10) days following the other partyexpiration of such ninety (90) day period. Upon termination of this Lease by Lessee as aforesaid, Lessor shall receive all insurance proceeds from the policies carried by Lessee insuring the Premises and if such proceeds are less than the full replacement cost of the Premises so damaged or destroyed Lessee shall pay an amount equal to such deficiency to Lessor upon demand.

Destruction of the Premises. (a) In the event of a partial destruction all or any part of the Premises (i.e., less than fifty percent (50%) of its Rentable Area) or the Common Area serving or providing access to the Premises are damaged during the Lease Term from any causefire or other casualty, Lessorthen Landlord shall promptly conduct the repair and diligently pursue the same to completion, upon receipt ofsubject to reasonable delays for insurance adjustment and other matters beyond Landlord’s reasonable control (in which event the provisions of Section 17.20 below shall apply), and subject to the extent ofall other terms and conditions of this Article VIII; provided, insurance proceeds paid in connection with such casualty however, Tenant (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insuranceand not Landlord) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall promptly repair all damage and destruction to those items as to which Lessee Tenant is required to maintain fire and casualty property insurance under Section 7.02 above. Lessor and Lessee each Except as otherwise provided in Section 8.01(b) below, no such damage shall use diligence in making terminate this Lease. If such repairs within fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, then Landlord shall allow Tenant a reasonable time period, subject proportionate abatement of Rent to the Force Majeure provisions extent Landlord actually receives proceeds of rental interruption insurance purchased by Landlord as part of Insurance Expenses (or such rental interruption insurance proceeds as Landlord would have received had Landlord actually purchased the insurance described in Section 17.217.01(a)(iii)), in which instance during the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with to the rent to be proportionately reduced as provided above in this Section. If extent the Premises are damaged unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided that, in any peril within six (6) months prior event, Tenant’s right to the last day xxxxx Rent shall terminate as of the later to occur of (i) the date on which Landlord completes its repairs under this Section 8.01(a), or (ii) the date (as reasonably determined by Landlord) on which Tenant should have completed its repairs under this Section 8.01(a) assuming Tenant used reasonable diligence in pursuing the same, and provided, further, that nothing in the foregoing abatement provisions are intended to give, nor shall be interpreted to give, any insurance company a right to forego paying under a rental interruption or business loss policy because of the conditionality of Tenant’s abatement. Unless this Lease Term (or, if Lessee has delivered its Option Notice is terminated pursuant to Section 3.03(a) above8.01(b), within six (6) months prior Tenant shall pay Tenant’s Share of any insurance deductible to the last day of the Extended Term) and, Landlord as a pass-through in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty (30) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty (30) days written notice to the other partyOperating Expenses.

Destruction of the Premises. (a) In the event of a partial destruction all or any part of the Premises (i.e., less than fifty percent (50%) of its Rentable Area) or the Common Area serving or providing access to the Premises are damaged during the Lease Term from any causefire or other casualty, LessorLandlord shall promptly conduct the repair and diligently pursue the same to completion, upon receipt ofsubject to reasonable delays for insurance adjustment and other matters beyond Landlord’s reasonable control (in which event the provisions of Section 17.20 below shall apply), and subject to the extent ofall other terms and conditions of this Article VIII; provided, insurance proceeds paid in connection with such casualty however, Tenant (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insuranceand not Landlord) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall promptly repair all damage and destruction to those items as to which Lessee Tenant is required to maintain fire and casualty property insurance under Section 7.02 above. Lessor Except as set forth above and Lessee each as otherwise provided in Sections 8.01(b) and 8.01(c) below, no such damage shall use diligence in making terminate this Lease. If such repairs within fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, then Landlord shall allow Tenant a reasonable time period, subject proportionate abatement of Rent to the Force Majeure provisions extent Landlord actually receives proceeds of Section 17.21rental interruption insurance purchased by Landlord as part of Insurance Expenses(or would have received such proceeds if: (i) Landlord had maintained insurance coverage for loss of rents, or (ii) Landlord or a Landlord Party had not performed a wrongful act that results in which instance such insurance being unavailable), during the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with to the rent to be proportionately reduced as provided above in this Section. If extent the Premises are damaged unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided that, in any peril within six (6) months prior event, Tenant’s right to the last day xxxxx Rent shall terminate as of the earlier to occur of (i) the date on which Landlord completes its repairs under this Section 8.01(a), (ii) the date (as reasonably determined by Landlord) on which Tenant should have completed its repairs under this Section 8.01(a) assuming Tenant used reasonable diligence in pursuing the same, or (iii) the date this Lease Term (or, if Lessee has delivered its Option Notice is terminated pursuant to any express termination right that either Landlord or Tenant may have under this Article VIII. Unless this Lease is terminated pursuant to Section 3.03(a8.01(b), Tenant shall pay Tenant’s Share (i.e., either Tenant’s Premises Share, Tenant’s Lot 1 Share or Tenant’s Project Share, as applicable) above, within six (6) months prior of any insurance deductible to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed Landlord within thirty (30) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty (30) days written notice demand in accordance with and subject to the other partySection 7.01.

Destruction of the Premises. (a) In the event of a partial destruction of the Premises (i.e., less than fifty percent (50%) of its Rentable Area) during the Lease Term from any cause, Lessor, upon receipt of, and to the extent of, insurance proceeds paid in connection with such casualty (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insurance) and the deductible from Lessee (to the extent Lessee is required to pay such deductible under Article VII) which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c) below) provided that Lessee shall be entitled entitled, as of the date Lessee’s use of the Premises is impaired due to such casualty, to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor (or the proceeds that which would have been received by Lessor had Lessor maintained the rental income insurance required of Lessor specified in subsection 7.01 Subsection 7.01(iii) above, in the event Lessor fails to maintain such insurance) and provided further that Lessee shall repair all damage and destruction to those items as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions of Section 17.21, in which instance the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril within six twelve (612) months prior to the last day of the Lease Term (or, if Lessee has delivered its Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty ninety (3090) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty sixty (3060) days written notice to the other partyLessee.

Destruction of the Premises. (a) In the event case of a partial any damage to or destruction of the Premises (i.e.or any part thereof, less than fifty Tenant, at its sole cost and expense, shall promptly commence and complete the restoration, replacement or rebuilding of the Premises as nearly as possible to its value, condition and character immediately prior to the damage or destruction. Provided, however, that if such damage or destruction occurs during the last year of the Term, or if seventy-five percent (5075%) or more of its Rentable Area) during the Lease Term from Premises is destroyed, Tenant shall have the option to terminate this Lease. Notwithstanding any cause, Lessor, upon receipt of, and provision to the extent ofcontrary herein contained, as long as Tenant maintains insurance proceeds paid in connection with such casualty (or the proceeds that would have been received as required by Lessor had Lessor maintained the insurance required Section 4 of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insurance) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) Tenant's obligation to repair or 8.01(c) below) provided that Lessee restore the Premises shall be entitled limited to a proportionate credit for rent equal to rental income the amount of such insurance proceeds received by Lessor (or the proceeds that would have been received by Lessor had Lessor maintained the insurance required of Lessor in subsection 7.01 above, in for such repair and restoration. In the event Lessor fails to maintain such insurancethe Tenant terminates this Lease as set forth above in Section 8.1., (a) and provided further that Lessee the Tenant shall repair all damage and destruction to those items as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject pay to the Force Majeure provisions of Section 17.21, in which instance Landlord all Rent payable by the time period shall be extended accordingly, Tenant hereunder and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril within six (6) months prior to the last day of the Lease Term (or, if Lessee has delivered its Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty (30) days after accrued through the date of such damage Lessor or Lessee may terminate this Lease on thirty termination, (30b) days written notice the Landlord shall repay to the other partyTenant any and all prepaid Rent for periods beyond such termination subject to Landlord’s offset for any unpaid obligations arising from the Lease, (c) the Tenant shall, upon Landlord’s request but only to the extent that insurance proceeds are made available to the Tenant for such purpose, raze any damaged Improvements and restore the Land to a safe condition as requested by the Landlord, and (d) after such termination, the Landlord may enter upon and repossess the Property without further notice.

Destruction of the Premises. (a) In the event of a partial destruction of the Premises (i.e., affecting less than fifty percent (50%) of its Rentable Area) during the Lease Term from any cause, Lessor, upon receipt of, and to the extent of, insurance proceeds paid in connection with such casualty (or the proceeds that would have been received and deductibles paid by Lessor had Lessor maintained the insurance required of Lessor in Subsection 7.01 above, in the event Lessor fails to maintain such insurance) and the deductible from Lessee which Lessee shall pay Lessee’s Share to Lessor within thirty (30) business days after demand, shall forthwith repair the same, including without limitation all Tenant Improvements and Alterations, whether or not originally paid for or constructed by Lessor or Lessee, provided the repairs can be made within a reasonable time under state, federal, county and municipal applicable law, but such partial destruction shall in no way annul or void this Lease, (except as provided in Section 8.01(b) or 8.01(c8.01.(b) below) provided that Lessee shall be entitled to a proportionate credit for rent equal to rental income insurance proceeds received by Lessor, provided further, that if Lessor (or failed to carry such insurance as required by Article VII hereof, Lessee shall nonetheless be entitled to an abatement of rent to the proceeds that would have been received by same extent as if Lessor had Lessor maintained the carried such insurance required of Lessor in subsection 7.01 above, in the event Lessor fails to maintain from such insurance) and provided further that Lessee shall repair all damage and destruction to those items insurance as to which Lessee is required to maintain fire and casualty insurance under Section 7.02 above7.01. Lessor and Lessee each shall use diligence in making such repairs within a reasonable time period, subject to the Force Majeure provisions of Section 17.21, in which instance the time period shall be extended accordingly, and this Lease shall remain in full force and effect, with the rent to be proportionately reduced as provided above in this Section. If the Premises are damaged by any peril within six twelve (612) months prior to the last day of the Lease Term (or, if Lessee has delivered its Option Notice pursuant to Section 3.03(a) above, within six (6) months prior to the last day of the Extended Term) and, in the reasonable opinion of the Lessor’s architect or construction consultant, the restoration of the Premises cannot be substantially completed within thirty ninety (3090) days after the date of such damage Lessor or Lessee may terminate this Lease on thirty sixty (3060) days written notice to the other partyLessee.