Common use of Destruction or Damage Clause in Contracts

Destruction or Damage. In the event that the Leased Premises shall be totally destroyed by fire or other casualty insured against, or shall be so damaged that repairs and restoration cannot, in the opinion of Lessor in its sole discretion, be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall automatically terminate without further act of either party hereto, and each party shall be relieved of any further obligation to the other except for the rights and obligations of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damage. It is understood that Lessor's obligation to restore, replace or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shall

Destruction or Damage. (a) In the event that the Leased Premises shall be totally destroyed or the portion of the Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire fire, earthquake, act of God, the elements or other casualty insured againstcasualty, or Landlord shall be so damaged that repair the same, subject to the provisions of this paragraph hereinafter set forth, if (i) such repairs and restoration cannot, in the opinion of Lessor in its sole discretionLandlord's opinion, be accomplished made within a period of one hundred twenty twelve (12012) days from months after commencement of the date repair work, (ii) the cost of repairing damage for which Landlord is not insured shall be less than ten percent (10%) of the then full insurable value of the Premises with respect to repairing any damage to the Premises, or five percent (5%) of the then full insurable value of the Building with respect to repairing any damage to other areas of the Building, and (iii) the damage or destruction does not occur during the last twelve (12) months of the term of this Lease or any extension thereof. This Lease shall remain in full force and effect except that so long as the damage or destruction is not caused by the fault or negligence of Tenant, its contractors, agents, employees or invitees, an abatement of rental shall be allowed Tenant for such destruction or part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. (b) As soon as is reasonably possible following the occurrence of any damage, this Lease Landlord shall automatically terminate without further act notify Tenant of either party hereto, the estimated time and each party shall be relieved of any further obligation to the other except cost required for the rights and obligations repair or restoration of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears Premises or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damageBuilding necessary for Tenant's occupancy. It is understood that LessorIf, in Landlord's obligation to restoreopinion, replace or rebuild such facilities shall repairs cannot exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallbe made within twelve

Destruction or Damage. In (A) If the event that Premises or the Leased Premises shall be totally Building are damaged or destroyed by fire or other casualty insured againstand the reasonable cost of repairing such damage is in the amount of $25,000.00 or less, then Lessor shall have the obligation to repair same. Provided the casualty is not the result of negligence or acts on the part of Lessee or Lessee's agents, employees or invitees, then a proportionate reduction in rent shall be so damaged that repairs and restoration cannot, allowed to Lessee for such part of the Premises as shall be rendered unusable by Lessee in the opinion conduct of Lessee's business, and upon the substantial completion by Lessor of the repair work necessary to make usable said damaged portion of the Premises, the full rental shall again be due and payable. (B) If the Premises or the Building are damaged or destroyed by fire or other casualty, and the reasonable cost of repairing such damage is in its sole discretionexcess of $25,000.00, be accomplished then Lessor shall have no obligation to repair same, but shall have the option of electing to make the repairs or not make the repairs. If Lessor does not commence making the repairs within a period of one hundred twenty ninety (12090) days from the date of the occurrence of such destruction fire or damageother casualty, then at the Option of Lessee, evidenced by written notice given to Lessor within ten (10) days from the expiration of said ninety (90) day period, this Lease shall automatically terminate without further act of either party hereto, and each party shall may be relieved of any further obligation to the other except for the rights and obligations of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advanceterminated. In the event that Lessor elects not to make such facilities repairs, then this Lease shall be so damaged that repairs and restoration can be accomplished within a period deemed to have terminated as of one hundred twenty (120) days from the date of such destruction or the occurrence of said casualty. In the event that Lessor elects to repair the damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shallprovided the casualty is not the result of negligence or acts on the part of Lessee or Lessee's agents, unless otherwise agreed by Lessor and Lesseeemployees or invitees, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damage. It is understood that Lessor's obligation to restore, replace or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallthen

Destruction or Damage. In 21.1 If the event that Building or the Leased Demised Premises shall be partially or totally damaged or destroyed by fire or other casualty insured againstcause, then whether or not the damage or destruction shall have resulted from the fault or neglect of Tenant, or its employees, agents or visitors (and if this Lease shall not have been terminated as in this Article hereinafter provided), Landlord shall repair the damage and restore and rebuild the Building and/or the Demised Premises, at its expense, with reasonable dispatch after notice to it of the damage or destruction; provided, however, that Landlord shall not be required to repair or replace any of the Tenant's Property. 21.2 If the Building or the Demised Premises shall be so partially damaged or partially destroyed by fire or other cause not attributable to the fault or negligence of Tenant, its agents, or employees, the rents payable hereunder shall be abated to the extent that repairs the Demised Premises shall have been rendered untenantable and restoration cannot, in for the opinion of Lessor in its sole discretion, be accomplished within a period of one hundred twenty (120) days from the date of such damage or destruction to the date the damage shall be repaired or damagerestored. If the Demised Premises or a major part thereof shall be totally (which shall be deemed to include substantially totally) damaged or destroyed or rendered completely (which shall be deemed to include substantially completely) untenantable on account of fire or other cause, this Lease the rents shall automatically terminate without further act abat▇ ▇▇ of either party heretothe date of the damage or destruction and usual Landlord shall repair, restore, and each party rebuild the Building and the Demised Premises, provided, however, that should Tenant reoccupy a portion of the Demised Premises during the period of restoration work is taking place and prior to the date that the same are made completely tenantable, rents allocable to such portion shall be relieved of any further obligation to the other except for the rights and obligations of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days payable by Tenant from the date of such destruction occupancy. 21.3 If the Building or damagethe Demised Premises shall be totally damaged or destroyed by fire or other cause, or if the Building shall be so damaged or destroyed by fire or other cause (whether or not the Demised Premises are damaged or destroyed) as to require a reasonably estimated expenditure of more than twenty-five percent (25%) of the full insurable value of the Building immediately prior to the casualty then in either such case Landlord may terminate this Lease shall continue by giving Tenant notice to such effect within one hundred eighty (180) days after the date of the casualty. In case of any damage or destruction mentioned in effect in accordance with its terms; such this Article, Tenant may terminate the Lease by notice to Landlord, if Landlord has not completed the making of the required repairs and restoration shallrestored and rebuilt the Building and the Demised Premises within eight (8) months from the date of such damage or destruction, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until or within such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damage. It is understood that Lessor's obligation to restore, replace or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallperiod after such

Destruction or Damage. (a) In the event that the Leased Premises shall be totally destroyed or the portion of the Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire fire, earthquake, act of God, the elements or other casualty insured againstcasualty, or Landlord shall be so damaged that repair the same, subject to the provisions of this paragraph hereinafter set forth, if (i) such repairs and restoration cannot, in the opinion of Lessor in its sole discretionLandlord's opinion, be accomplished made within a period of one hundred twenty twelve (12012) months after commencement of the repair work and (ii) the cost of repairing damage for which Landlord is not insured shall be less than ten percent (10%) of the then full insurable value of the Premises with respect to repairing any damage to the Premises, or five percent (5%) of the then full insurable value of the Building with respect to repairing any damage to other areas of the Building. If the forgoing conditions are satisfied, This Lease shall remain in full force and effect except that so long as the damage or destruction is not caused by the fault or negligence of Tenant, its contractors, agents, employees or invitees, an abatement of rental shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. (b) As soon as is reasonably possible following the occurrence of any damage, Landlord shall notify Tenant of the estimated time and cost required for the repair or restoration of the Premises or the portion of the Building necessary for Tenant's occupancy. If, in Landlord's reasonable opinion, such repairs cannot be made within twelve (12) months as set forth in subparagraph (a) (i) above, Landlord or Tenant may elect by written notice to the other within thirty (30) days from after Landlord's notice of estimated time and cost is given, to terminate this Lease effective as of the date of such destruction damage or damagedestruction. If Landlord is not obligated to effect the repair based upon the circumstance set forth in subparagraph (a) (ii) above, Landlord shall have the right to terminate this Lease shall automatically terminate without further act of either party heretoLease, and each party shall be relieved of any further obligation by written notice to the other except for the rights and obligations of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished Tenant within a period of one hundred twenty thirty (12030) days from after Landlord's notice of time and cost is given, effective as of the date of such destruction damage or damagedestruction. If neither party so elects to terminate this Lease, this Lease shall continue in effect full force and effect, but the rent shall be partially abated as herein above in accordance with its terms; this paragraph provided, and Landlord shall proceed diligently to repair such damage. (c) A total destruction of the Building shall automatically terminate this Lease. Tenant waives California Civil Code Sections 1932, 1933, 1941 and 1942 providing for (among other things) termination of hiring upon destruction of the thing hired and the right to make repairs and to vacate the Premises under certain conditions. (d) In the event of a casualty damaging the Premises or the Building, in no event shall Tenant be entitled to any compensation or damages from Landlord, specifically including, but not limited to, any compensation or damages for (i) loss of the use of the whole or any part of the Premises, (ii) damage to Tenant's personal property in or improvements to the Premises, or (iii) any inconvenience, annoyance or expense occasioned by such damage or repair (including moving expenses and the expense of establishing and maintaining any temporary facilities). (e) Landlord, in repairing the Premises, shall not be required to repair any injury or damage to the personal property of Tenant, or to make any repairs to or replacement of any alterations, additions, improvements or fixtures installed on the Premises by or for Tenant. (f) In the event the Premises or the portion of the Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire, earthquake, act of God, the elements or other casualty not involving any act or omission of Tenant or Tenant's employees, agent, contractors or invitees, Tenant shall have the right to terminate this Lease if (i) such damage occurs during the final 18 months of the term of this Lease (including any extension thereof pursuant to any applicable extension option), (ii) Landlord notifies Tenant under paragraph 11(b) that the cost of repairing the damage to the Premises or such necessary portion of the Building will exceed $1,000,000, (iii) Landlord notifies Tenant under paragraph 11(b) that such repairs and restoration shallwill require more than 9 months to complete, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable (iv) Tenant gives Landlord written notice of its election to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by terminate this IndentureLease within 10 business days after Tenant receives Landlords notice under paragraph 11(b), and until (v) there exists no uncured Event of Default at the time of such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al damage or at any time prior to the proportion termination of the Leased Premises rendered unusable by the damagethis Lease. It is understood that Lessor's obligation This Lease shall terminate 30 days after Tenant elects termination pursuant to restore, replace or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallthis paragraph.

Destruction or Damage. In a. If the event that Premises or the Leased Premises shall be totally destroyed portion of the Building necessary for Tenant's occupancy is damaged by fire fire, earthquake, act of God, the elements or other casualty insured against, (unless caused by a negligent or shall be so damaged that repairs and restoration cannotwillful act of Tenant, in which event Tenant shall make the opinion of Lessor in its sole discretion, be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall automatically terminate without further act of either party hereto, and each party shall be relieved of any further obligation to the other except for the rights and obligations of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damageat Tenant's expense), this Lease shall continue in effect full force and effect, subject to being terminated pursuant to the terms and conditions set forth below in accordance this Article 19. Landlord shall not have any obligation to repair or restore any damage to the Premises, Building or the Project if there are insufficient insurance proceeds to repair or restore the same. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with its terms; the date of damage and continuing until completion of the repairs required of Landlord under Article 19.d. b. If in Landlord's opinion, such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a Premises or portion of the rent Building necessary for Tenant's occupancy cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within sixty (60) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall abat▇ ▇▇▇al to continue in full force and effect, but the proportion of the Leased Premises rendered unusable by the damage. It is understood that Lessor's obligation to restore, replace or rebuild such facilities Base Rent shall not exceed be partially abated as provided in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallArticle 19.

Destruction or Damage. In 21.01. If the event that Building or the Leased Demised Premises shall be partially or totally damaged or destroyed by fire or other casualty insured againstcause, then, whether or not the damage or destruction shall have resulted from the fault or neglect of Tenant, or its employees, agents or visitors (and if this lease shall not have been terminated as in this Article hereinafter provided), Landlord shall repair the damage and restore and rebuild the Building and/or the Demised Premises, at its expense, with reasonable dispatch after notice to it of the damage or destruction; provided, however, that Landlord shall not be required to repair or replace any of Tenant's Property. 21.02. If the Building or the Demised Premises shall be so partially damaged or partially destroyed by fire or other cause not attributable to the fault, negligence or misuse of the Demised Premises by the Tenant, its agents or employees, the rents payable hereunder shall be abated to the extent that repairs the Demised Premises shall have been rendered untenantable and restoration cannot, in for the opinion of Lessor in its sole discretion, be accomplished within a period of one hundred twenty (120) days from the date of such damage or destruction or damage, this Lease shall automatically terminate without further act of either party hereto, and each party to the date the damage shall be relieved repaired or restored. If the Demised Premises or a major part thereof shall be totally (which shall be deemed to include substantially totally) damaged or destroyed or rendered completely (which shall be deemed to include substantially completely) untenantable on account of any further obligation fire or other cause, the rents shall abat▇ ▇▇ of the date of the damage or destruction and until Landlord shall repair, restore and rebuild the Building and the Demised Premises, provided, however, that should Tenant reoccupy a portion of the Demised Premises during the period the restoration work is taking place and prior to the other except for date that the rights and obligations of the parties under Sections 18 and 19 hereofsame are made completely tenantable, and except that Lessee rents allocable to such portion shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days payable by Tenant from the date of such destruction or damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damage. It is understood that Lessor's obligation to restore, replace or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shalloccupancy.

Destruction or Damage. (a) In the event that the Leased Premises shall be totally destroyed or the portion of the Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire fire, earthquake, act of God, the elements or other casualty insured againstcasualty, or Landlord shall be so damaged that repair the same, subject to the provisions of this paragraph hereinafter set forth, if (i) such repairs and restoration cannot, in the opinion of Lessor in its sole discretionLandlord's opinion, be accomplished made within a period of one hundred twenty 180 days after commencement of the repair work, (120ii) days from the date cost of repairing damage for which Landlord is not insured shall be less than ten percent (10%) of the then full insurable value of the Premises with respect to repairing any damage to the Premises or five percent (5%) of the then full insurable value of the Building with respect to repairing any damage to other areas of the Building, and (iii) the damage or destruction does not occur during the last twelve (12) months of the term of this Lease or any extension thereof. This Lease shall remain in full force and effect except that so long as the damage or destruction is not caused by the fault or negligence of Tenant, its contractors, agents, employees or invitees, an abatement of rental shall be allowed Tenant for such destruction or part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. (b) As soon as is reasonably possible following the occurrence of any damage, this Lease Landlord shall automatically terminate without further act notify Tenant of either party hereto, the estimated time and each party shall be relieved of any further obligation to the other except cost required for the rights and obligations repair or restoration of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears Premises or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damageBuilding necessary for Tenant's occupancy. It is understood that LessorIf, in Landlord's obligation to restoreopinion, replace such repairs cannot be made within 180 days as set forth in subparagraph (a)(i) above, Landlord or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallTenant may

Destruction or Damage. In 22.01 If the event that Building or the Leased Demised Premises shall be partially or totally damaged or destroyed by fire or other casualty insured againstcause, then, whether or not the damage or destruction shall have resulted from the fault or neglect of Tenant, or its employees, agents or visitors (and if this Lease shall not have been terminated as in this Article hereinafter provided), Landlord shall repair the damage and restore and rebuild the Building and/or the Demised Premises, at its expense, with reasonable dispatch after notice to it of the damage or destruction; provided, however, that Landlord shall not be required to repair or replace any of Tenant's Property nor to restore any Tenant's Work or Landlord's Work. 22.02 If the Building or the Demised Premises shall be so partially damaged or partially destroyed by fire or other cause, the rents payable hereunder shall be abated (except if same was a result of the action or inaction of Tenant, its employees or invitees, and except to the extent of Tenant's insurance coverage which is required by the terms of this Lease) to the extent that repairs the Demised Premises shall have been rendered untenantable and restoration cannot, in for the opinion of Lessor in its sole discretion, be accomplished within a period of one hundred twenty (120) days from the date of such damage or destruction or damage, this Lease shall automatically terminate without further act of either party hereto, and each party to the date the damage shall be relieved repaired or restored. If the Demised Premises or a major part thereof shall be totally (which shall be deemed to include substantially totally) damaged or destroyed or rendered completely (which shall be deemed to include substantially completely) untenantable on account of any further obligation to fire or other cause, the other except for the rights and obligations rents shall ▇▇▇▇▇ as of the parties under Sections 18 and 19 hereofdate of the damage or destruction (except if same was a result of the action or inaction of Tenant, its employees or invitees, and except to the extent of Tenant's insurance coverage which is required by the terms of this Lease) and until Landlord shall repair, restore and rebuild the Building and the Demised Premises, provided, however, that Lessee should Tenant reoccupy a portion of the Demised Premises during the period the restoration work is taking place and prior to the date the same are made completely tenantable, rents allocable to such portion shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days payable by Tenant from the date of such destruction occupancy. 22.03 If the Building or damagethe Demised Premises shall be totally damaged or destroyed by fire or other cause, or if the Building shall be so damaged or destroyed by fire or other cause (whether or not the Demised Premises are damaged or destroyed) as to require a reasonably estimated expenditure of more than 20% of the full insurable value of the Building immediately prior to the casualty, then in either such case Landlord may terminate this Lease shall continue by giving Tenant notice to such effect within one hundred eighty (180) days after the date of the casualty. In case of any damage or destruction mentioned in effect in accordance with its terms; such this Article Tenant may terminate this Lease, by notice to Landlord, if Landlord has not completed the making of the required repairs and restoration shallrestored and rebuilt the Building and the Demised Premises within twelve (12) months from the date of such damage or destruction, unless otherwise agreed by Lessor and Lessee, be performed or within such period after such date (not exceeding six months) as closely as practicable to shall equal the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration aggregate period Landlord may have been accomplished a delayed in doing so by adjustment of insurance, labor trouble, governmental controls, act of God, or any other cause beyond Landlord's reasonable control. 22.04 No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the rent shall abat▇ ▇▇▇al to the proportion Demised Premises or of the Leased Premises rendered unusable by Building pursuant to this Article. Landlord shall use its best efforts to effect such repair or restoration promptly and in such manner as to not unreasonably interfere with Tenant's use and occupancy. 22.05 Notwithstanding any of the damage. It is understood that Lessor's obligation foregoing provisions of this Article, if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to restore, replace or rebuild such facilities shall not exceed in amount the sum collect all of the insurance proceeds paid (including rent insurance proceeds) applicable to it and/or released damage or destruction of the Demised Premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to it any other remedies which may be available against Tenant, there shall be no abatement of Tenant's rents, but the total amount of such rents not abated (which would otherwise have been abated) shall not exceed the amount of the uncollected insurance proceeds. 22.06 Landlord will not carry insurance of any kind on Tenant's Property or Tenant's Work, and, except as provided by law or by reason of its fault or its breach of any mortgagee with of its obligations hereunder, shall not be obligated to repair any damage thereto or replace the same. 22.07 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the Demised Premises by fire or other casualty, and any provision, law or statute of the State of New Jersey, providing for such a contingency in the absence of an express agreement, now or hereafter in force, shall have no application in such case. 22.08 Notwithstanding anything to the contrary set forth in this Lease, in no event shall Landlord be obligated to rebuild or restore any portion of Landlord's Work for which settlement was made. Lessee agrees Landlord is entitled to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallreimbursement from Tenant under Article 3 hereof.

Destruction or Damage. (a) In the event that the Leased Premises shall be totally destroyed or the portion of the Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire fire, earthquake, act of God, the elements or other casualty insured againstcasualty, or Landlord shall be so damaged that repair the same, subject to the provisions of this Paragraph hereinafter set forth, if (i) such repairs and restoration cannot, in the opinion of Lessor in its sole discretionLandlord's opinion, be accomplished made within a period of one hundred twenty 180 days after commencement of the repair work, (120ii) the cost of repairing damage for which Landlord is not insured shall be less than ten percent (10%) of the then full insurable value of the Premises with respect to repairing any damage to the Premises or five percent (5%) of the then full insurable value of the Building with respect to repairing any damage to other areas of the Building, and (iii) the damage or destruction does not occur during the twelve (12) months of the term of this Lease or any extension thereof. This Lease shall remain in full force and effect except that so long as the damage or destruction is not caused by the fault or negligence of Tenant, its contractors, agents, employees or invitees, an abatement of rental shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. (b) As soon as is reasonably possible following the occurrence of any damage, Landlord shall notify Tenant of the estimated time and cost required for the repair or restoration of the Premises or the portion of the Building necessary for Tenant's occupancy. If, in Landlord's opinion, such repairs cannot be made within 180 days from as set forth in subparagraph (a)(i) above, Landlord or Tenant may elect by written notice to the other within 30 days after Landlord's notice of estimated time and cost is given, to terminate this Lease effective as of the date of such destruction damage or damagedestruction. If Landlord is not obligated to effect the repair based upon the circumstances set forth in subparagraphs (a)(ii) or (a)(iii) above, Landlord shall have the right to terminate this Lease shall automatically terminate without further act Lease, by written notice to Tenant within 30 days after Landlord's notice of either party heretotime and cost is given, and each party shall be relieved effective as of any further obligation to the other except for the rights and obligations of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction damage or damagedestruction. If neither party so elects to terminate this Lease, this Lease shall continue in effect in accordance with its terms; such repairs full force and restoration shalleffect, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of but the rent shall abat▇ ▇▇▇al be partially abated as hereinabove in this Paragraph provided, and Landlord shall proceed diligently to the proportion repair such damage. (c) A total destruction of the Leased Premises rendered unusable by the damageBuilding shall automatically terminate this Lease. It is understood that Lessor's obligation to restoreTenant waives California Civil Code Section 1932, replace or rebuild such facilities shall not exceed in amount the sum 1933, 1941 and 1942 providing for (among other things) termination of hiring upon destruction of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute thing hired and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to make repairs and to vacate the Premises under certain conditions. (d) In no event shall Tenant be entitled to any compensation or damages from Landlord, specifically including, but not limited to, any compensation or damages for (i) loss of the use of the whole or any part of the Premises, (ii) damage to Tenant's personal property in or improvements to the Premises, or (iii) any inconvenience, annoyance or expense occasioned by such insurance proceeds is vested damage or repair (including moving expenses and the expense of establishing and maintaining any temporary facilities). (e) Landlord, in Lessor. Lessor shallrepairing the Premises, shall not be required to repair any injury or damage to the personal property of Tenant, or to make any repairs to or replacement of any alterations, additions, improvements or fixtures installed on the Premises by or for Tenant.

Destruction or Damage. In the event that any of the Leased Premises Property is damaged or destroyed prior to the Closing Date, Seller shall be totally destroyed by fire or other casualty insured against, or shall be so damaged that repairs and restoration cannot, notify Buyer in the opinion of Lessor in its sole discretion, be accomplished within a period of one hundred twenty (120) days from the date writing of such fact promptly after obtaining knowledge thereof. If any such damage or destruction (a) is an insured casualty, (b) would cost less than Ten Million Dollars ($10,000,000.00) to repair or damagerestore and (c) none of ▇▇▇▇▇▇▇'▇, ▇▇ Penney, Dillard's, Hi-Tech Institute or Premier Theater has the right to terminate its lease pursuant to the terms thereof as a result of such damage or destruction, then this Lease Agreement shall automatically terminate without further act of either party heretoremain in full force and effect, and each party Buyer shall be relieved of any further obligation acquire the Property upon the terms and conditions set forth herein. In such event, Buyer shall receive a credit against the Purchase Price equal to the other except for the rights deductible amount applicable under Seller's casualty policy less all costs and obligations expenses, including attorneys' fees and expenses, incurred by Seller as of the parties under Sections 18 and 19 hereofClosing Date in connection with the negotiation and/or settlement of the casualty claim with the insurer (the "Realization Costs"), and except that Lessee Seller shall be liable for assign to Buyer all of Seller's right, title and shall promptly pay Lessor any rent then interest in arrears and to all proceeds of insurance on account of such damage or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advancedestruction. In the event such facilities shall be so the Property is damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable destroyed prior to the original specifications Closing Date and the cost of repair would equal or exceed Ten Million Dollars (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture$10,000,000.00), and until such repairs and restoration have been accomplished a portion the casualty is an uninsured casualty, or any of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damage. It is understood that Lessor's obligation to restore▇▇▇▇'▇, replace ▇▇ Penney, Dillard's, Hi-Tech Institute or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that Premier Theater has the right to terminate its lease pursuant to the terms thereof as a result of such damage or destruction then, notwithstanding anything to the contrary set forth above in this section, Buyer shall have the right, at its election, to terminate this Agreement. Buyer shall have thirty (30) days after Seller notifies Buyer that a casualty has occurred to make such election by delivery to Seller of a written election notice (the "Election Notice") and the Closing Date shall be extended, if necessary, to provide sufficient time for Buyer to make such election. The failure by Buyer to deliver the Election Notice within such thirty (30) day period shall be deemed an election not to terminate this Agreement. In the event Buyer does not elect to terminate this Agreement as set forth above, this Agreement shall remain in full force and effect, Seller shall assign to Buyer all of Seller's right, title and interest in and to any and all proceeds of insurance proceeds is vested in Lessor. Lessor shallon account of such damage or destruction, if any, and, if the casualty was an insured casualty, Buyer shall receive a credit against the Purchase Price equal to the deductible amount (less the Realization Costs) under Seller's casualty insurance policy.

Destruction or Damage. (a) In the event that the Leased Premises shall be totally destroyed or the portion of the Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire fire, earthquake, act of God, the elements or other casualty insured againstcasualty, or Landlord shall be so damaged that repair the same (including the Tenant Improvements constructed pursuant to Exhibit C), subject to the provisions of this paragraph hereinafter set forth, if (i) such repairs and restoration cannot, in the opinion of Lessor in its sole discretionLandlord's opinion, be accomplished made within a period of one hundred twenty twelve (12012) days from months after commencement of the date repair work, (ii) the cost of repairing damage for which Landlord is not insured shall be less than ten percent (10%) of the then full insurable value of the Premises with respect to repairing any damage to the Premises, or five percent (5%) of the then full insurable value of the Building with respect to repairing any damage to other areas of the Building, and (iii) the damage or destruction does not occur during the last twelve (12) months of the term of this Lease or any extension thereof. This Lease shall remain in full force and effect except an abatement of rental shall be allowed Tenant for such destruction or part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. (b) As soon as is reasonably possible following the occurrence of any damage, this Lease Landlord shall automatically terminate without further act notify Tenant of either party hereto, the estimated time and each party shall be relieved of any further obligation to the other except cost required for the rights and obligations repair or restoration of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears Premises or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damageBuilding necessary for Tenant's occupancy. It is understood that LessorIf, in Landlord's obligation to restoreopinion, replace or rebuild such facilities shall repairs cannot exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallbe made within twelve

Destruction or Damage. In (a) If the event that Premises or a major part thereof shall at any time during the Leased Premises shall Term be totally destroyed or damaged by fire fire, lightning, storm or tempest, act of God, or other casualty insured againstor accident so as to render the Premises untenable, the Landlord may (at its sole discretion) terminate this Lease or rebuild or restore the Premises to their former condition. (b) In the case of total destruction of the Premises, the Tenant or the Landlord may within one (1) month after such destruction, on giving notice thereof in writing to the other of them, terminate this Lease. (c) The expression “total destruction” as used in this Section shall be so damaged mean such damage or destruction that repairs and restoration cannot, in the opinion of Lessor in its sole discretionthe Landlord, the Premises cannot be accomplished rebuilt or repaired within a period of one hundred twenty four (1204) days months from the date time of such destruction or damage. (d) If the Premises are only partially destroyed or damaged and the major portion of the Premises are usable by the Tenant, the Landlord may (at its sole discretion) terminate this Lease or rebuild and restore the Premises to their former condition within a reasonable time, in which latter event this Lease shall automatically remain in full force and effect. (e) Notwithstanding the foregoing, the Tenant shall in no way be released from its liability for damage to the Building where such damage is caused by the negligence of the Tenant, its officers, directors, employees, contractors or agents. (a) Notwithstanding the foregoing, if in the opinion of the Landlord, 30% or more of the area of the Building is damaged or destroyed and the Landlord has elected as a result of the damage or destruction to demolish the Building, then the Landlord may at its election terminate without further act this Lease and the tenancy hereby created by giving to the Tenant, within 60 days following the date of either party heretosuch damage or destruction, written notice of the Landlord’s election to demolish the Building and terminate this Lease, and each party in such event this Lease and the tenancy hereby created shall be relieved of any further obligation to terminate 60 days after the other except for the rights and obligations giving of the parties under Sections 18 and 19 hereofsaid written notice by the Landlord. (b) Notwithstanding the foregoing, and except that Lessee the Tenant shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease shall continue in effect in accordance with its terms; such repairs and restoration shall, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable all damage to the original specifications (utilizing therefor Building where such damage is caused by the proceeds negligence of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture)Tenant, and until such repairs and restoration have been accomplished a portion of the rent shall abat▇ ▇▇▇al to the proportion of the Leased Premises rendered unusable by the damage. It is understood that Lessor's obligation to restoreits officers, replace directors, employees, contractors or rebuild such facilities shall not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Lessor. Lessor shallagents.

Destruction or Damage. (a) In the event that the Leased Premises shall be totally destroyed or the portion of the Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire fire, earthquake, act of God, the elements or other casualty insured againstcasualty, or Landlord shall be so damaged that repair the same, subject to the provisions of this paragraph hereinafter set forth, if (i) such repairs and restoration cannot, in the opinion of Lessor in its sole discretionLandlord's opinion, be accomplished made within a period of one hundred twenty 180 days after commencement of the repair work, (120ii) the cost of repairing damage for which Landlord is not insured shall be less than ten percent (10%) of the then full insurable value of the Premises with respect to repairing any damage to the Premises or five percent (5%) of the then full insurable value of the Building with respect to repairing any damage to other areas of the Building, and (iii) the damage or destruction does not occur during the last twelve (12) months of the term of this Lease or any extension thereof. This Lease shall remain in full force and effect except that so long as the damage or destruction is not caused by the fault or negligence of Tenant, its contractors, agents, employees or invitees, an abatement of rental shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. (b) As soon as is reasonably possible following the occurrence of any damage, Landlord shall notify Tenant of the estimated time and cost required for the repair or restoration of the Premises or the portion of the Building necessary for Tenant's occupancy. If, in Landlord's opinion, such repairs cannot be made within 180 days from as set forth in subparagraph (a)(i) above, Landlord or Tenant may elect by written notice to the other within 30 days after Landlord's notice of estimated time and cost is given, to terminate this Lease effective as of the date of such destruction damage or damagedestruction. If Landlord is not obligated to effect the repair based upon the circumstances set forth in subparagraphs (a)(ii) or (a)(iii) above, Landlord shall have the right to terminate this Lease shall automatically terminate without further act Lease, by written notice to Tenant within 30 days after Landlord's notice of either party heretotime and cost is given, and each party shall be relieved effective as of any further obligation to the other except for the rights and obligations of the parties under Sections 18 and 19 hereof, and except that Lessee shall be liable for and shall promptly pay Lessor any rent then in arrears or Lessor shall promptly rebate to Lessee a PRO RATA portion of any rent paid in advance. In the event such facilities shall be so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction damage or damagedestruction. If neither party so elects to terminate this Lease, this Lease shall continue in effect in accordance with its terms; such repairs full force and restoration shalleffect, unless otherwise agreed by Lessor and Lessee, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Indenture), and until such repairs and restoration have been accomplished a portion of but the rent shall abat▇ ▇▇▇al be partially abated as hereinabove in this paragraph provided, and Landlord shall proceed diligently to the proportion repair such damage. (c) A total destruction of the Leased Premises rendered unusable by the damageBuilding shall automatically terminate this Lease. It is understood that Lessor's obligation to restoreTenant waives California Civil Code Sections 1932, replace or rebuild such facilities shall not exceed in amount the sum 1933, 1941 and 1942 providing for (among other things) termination of hiring upon destruction of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. Lessee agrees to execute thing hired and deliver to Lessor all instruments and documents necessary to evidence the fact that the right to make repairs and to vacate the Premises under certain conditions. (d) In no event shall Tenant be entitled to any compensation or damages from Landlord, specifically including, but not limited to, any compensation or damages for (i) loss of the use of the whole or any part of the Premises, (ii) damage to Tenant's personal property in or improvements to the Premises, or (iii) any inconvenience, annoyance or expense occasioned by such insurance proceeds is vested damage or repair (including moving expenses and the.-expense of establishing and maintaining any temporary facilities). (e) Landlord, in Lessor. Lessor shallrepairing the Premises, shall not be required to repair any injury or damage to the personal property of Tenant, or to make any repairs to or replacement of any alterations, additions, improvements or fixtures installed on the Premises by or for Tenant.