Common use of Destruction Clause in Contracts

Destruction. If the Premises or the Building is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liability.

Destruction. If the Demised Premises shall be partially damaged by any casualty insurable under Landlord's insurance policy, Landlord shall, upon receipt of the insurance proceeds, repair the same and the minimum rent shall be abated proportionately as to that portion of the Demised Premises rendered untenable. If the Demised Premises by reason of such occurrence are rendered wholly untenable or whether the Building is destroyed by fireDemised Premises are damaged or not, earthquake, or other casualty if all of the buildings which then comprise the Complex should be damaged to the extent of seventy-five percent or more of the then monetary value thereof, or seventy-five percent of the buildings or common areas of the Complex are damaged, whether or not the Demised Premises are damaged to such an extent that they are untenantable the Complex cannot, in whole the sole judgment of the Landlord, be operated as an integral unit, then or in partany such event, then Landlord may, at Landlord's option, proceed with reasonable diligence may elect to rebuild and restore repair the Premises damage or such part thereof, provided that may cancel this Lease by notice of cancellation within thirty one hundred eighty (30180) days after such destruction or injuryevent and thereupon this lease shall expire, Landlord and Tenant shall in writing notify Tenant vacate and surrender the Demised Premises to Landlord. Tenant's liability for rent upon the termination of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent this lease shall be abated in the same ratio cease as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in day following the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day perioddamage. Unless this lease is terminated by Landlord, Tenant shall hold the proceeds of all insurance carried by Tenant on its property and improvements in trust for the purpose of repair and replacement. In the event Landlord elects to repair the damage any abatement of rent shall end five days after notice by Landlord to Tenant that the Demised Premises have been repaired. If any damage is caused by the right to terminate this Lease negligence of Tenant or its employees, the damages shall be repaired by Landlord, upon notice to Landlord without any further liabilityreceipt of insurance proceeds, but there shall be no abatement of rent.

Destruction. If the Premises premises or the Building is building wherein the same are situated shall be destroyed by fire, earthquakefire or other casualty, or other casualty to the extent be so damaged thereby that they are untenantable and cannot be rendered tenantable within one hundred eighty (180) days from the date of such destruction or damage in whole or the reasonable opinion of the Landlord, Landlord shall so notify Tenant in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that writing within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage destruction or destructiondamage, and either Landlord or Tenant may terminate this lease by giving written notice to the other within thirty (30) days after the date of the first notice. If neither party elects to terminate this lease, or if the Premises are damage or destruction shall not so repaired be such as to permit termination of the lease as above provided, Landlord shall with due diligence, to the extent of any insurance proceeds received by Landlord, or restored within such 120 day periodto the extent of insurance proceeds which would have been received by Landlord but for Landlord's failure to maintain the insurance required of Landlord pursuant to this Lease, repair said premises, and a proportionate reduction shall be made in the rent herein corresponding to the time during which and to the portion of the premises of which Tenant shall have be deprived of possession, as reasonably determined by Landlord. The provisions of Subdivision 2 of Section 1932 of the right California Civil Code, and of Subdivision 4 of Section 1933 of that Code, shall not apply to terminate this Lease upon notice lease, and Tenant waives the benefits of such provisions. In repairing the premises, Landlord may use designs, plans and specifications other than those used in the original construction, and may alter or relocate any or all of the building, including the premises, provided that the premises as altered or relocated shall be in all material respects reasonably comparable to the premises as defined herein. Leasehold improvements installed in the premises by Landlord without any further liabilityat its expense shall be repaired and rebuilt by Landlord, subject to the same requirements applicable to the premises under this paragraph.

Destruction. If the Demised Premises shall be partially damaged by any casualty insurable under the Landlord’s insurance policy, Landlord shall, upon receipt of the insurance proceeds, repair the same and the Base Rent shall be abated proportionately as to that portion of the Demised Premises rendered untenantable. If the Demised Premises (a) by reason of such occurrence is rendered wholly untenantable or the Building (b) should be damaged as a result of a risk which is destroyed not covered by fire, earthquake, Landlord’s insurance or other casualty to the extent that they are untenantable (c) should be damaged in whole or in part during the last year of the term or of any renewal term hereof, or (d) the building of which it is a part, whether the Demised Premises is damaged or not or all of the building which then Landlord may, at Landlord's option, proceed with reasonable diligence comprise the Building should be damaged to rebuild and restore the Premises extent of fifty (50%) percent or such part more of the then monetary value thereof, provided that or (e) if any or all of the buildings or common areas of the Building cannot in the reasonable judgment of Landlord be operated as an integral unit, then or in any of such events, either Landlord or Tenant may cancel this Lease by notice of cancellation within thirty ninety (3090) days after such destruction or injuryevent and thereupon this Lease shall expire, Landlord and Tenant shall in writing notify Tenant vacate and surrender the Demised Premises to Landlord. Tenant’s liability for rent upon the termination of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent this Lease shall be abated in the same ratio cease as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to day following the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury event or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenantdamage. The foregoing provisions notwithstanding, Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate cancel this Lease in the event of such destruction if Landlord shall notify Tenant within sixty (60) days after such event that Landlord intends to rebuild the Demised Premises to its condition prior to such destruction, and shall completely restore the building to a tenantable condition within 180 days after Landlord notifies Tenant of its intention to rebuild the Demised Premises to its condition prior to such destruction. In the event Landlord elects to repair the damage any abatement of rent shall end five (5) days after notice by Landlord to Tenant that the Demised Premises have been repaired. If any damage is caused by the negligence of Tenant or its employees, the damages shall be repaired by Landlord, upon notice to Landlord without any further liabilityreceipt of the insurance proceeds, but there shall be no abatement of rent.

Destruction. If 17.01 In the event of (a) a partial destruction of the Leased Premises or the Building is destroyed by fire, earthquakebuilding of which the Leased Premises are a part (hereinafter called the "building") during the lease term which requires repairs to either the Leased Premises or the building, or (b) the Leased Premises or the building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other casualty than Tenant's act, use or occupation which declaration requires repairs to either the extent that they are untenantable Leased Premises or the building, Landlord shall forthwith make repairs, provided repairs can be made within three-hundred sixty (360) days under the laws and regulations of authorized public authorities, but partial destruction (including any destruction necessary in whole order to make repairs required by any declaration) shall in no way annul or in partvoid this Lease. In making repairs Landlord shall be obligated to replace only such glazing as shall have been damaged by fire and other damaged glazing shall be replaced by Tenant. If repairs cannot be made within three-hundred sixty (360) days, then Landlord may, at Landlord's its option, proceed with make same within a reasonable diligence time, this Lease continuing in full force and effect. In the event that Landlord does not so elect to rebuild make repairs, or which repairs cannot be made within three-hundred sixty (360) days, or repairs cannot be made under current laws and restore regulations, this Lease may be terminated at the Premises or such part thereofoption of either party after the three-hundred sixty (360) day period. In the event of any dispute between Landlord and Tenant relative to the provisions of this paragraph, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restorationthey may each select an arbitrator, the rent two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be abated in the same ratio as that portion of the Premises which final and binding on both Landlord determines is unfit for occupancy and Tenant who shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration cost of the time for the giving of notice as herein provided, be deemed terminated and at an endsuch arbitration equally between them. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Leased Premises by Tenant. The Tenant shall not be entitled to waives any compensation or damages from Landlord for loss right under applicable laws inconsistent with the terms of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityparagraph.

Destruction. If In the event the Premises are destroyed or the Building is destroyed injured by fire, earthquake, fire or earthquake or other casualty casualty, to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's ’s option, proceed with reasonable diligence to rebuild build and restore the said Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, injury Landlord shall notify Tenant in writing notify Tenant of Landlord's ’s intention to do so, which notice shall also set forth Landlord’s estimated time frame for complete restoration of the Premises. If more than forty percent (40%) the Premises is unuseable and Landlord’s notice provides that repairs necessary to complete restoration of the Premises cannot be made within two hundred and seventy (270) days, or in the event Landlord commences restoration of the Premises and does not complete the same within two hundred and seventy (270) days from the date Landlord commences restoration, Tenant may terminate the Lease effective upon Landlord’s receipt of Tenant’s notice. During the period from destruction or damage until to restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear bears to the whole Premises. If the Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an endterminated. If Landlord shall elects not be required to repair any injury or damage rebuild as set forth above, this Lease shall terminate without further notice, and all amounts paid or payable by fire or other causeTenant to Landlord shall, or to make any repairs or replacements of any panelswhere applicable, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenantbe prorated accordingly. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that vacate the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from all further obligations of both parties hereunder shall cease (other than those which shall theretofore have accrued), effective as of the date of such damage or destruction, or if on which Tenant vacates the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityPremises.

Destruction. If In the Premises or event of damage causing a partial destruction of the Building is destroyed by fire, earthquake, or other casualty to premises during the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild term of this lease from any cause and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion sole judgment of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, Lessor repairs can be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations completed within 120 one hundred eighty (180) days from the date of the damage under the applicable laws and regulations of governmental authorities, Lessor shall repair said damage within a reasonable time, but such partial destruction shall not invalidate this lease, except that Lessee, while such repairs are being made shall be entitled to a proportionate reduction of Basic Rent based upon the extent which the portion of the premises not useable by Lessee bears to the total area of the premises, provided that Lessor shall have no obligations in the event of damage or destructiondestruction by act or negligence of Lessee, his agents, employees and invitees. If in the sole judgment of Lessor such repairs cannot be made within one hundred eighty (180) days, Lessor may, at its option, make the repairs within a reasonable time, this lease continuing in full force and effect and the Basic Rent to be proportionately abated as provided in the previous paragraph, or Lessor may elect not to make such repairs in which case this lease may be terminated at the option of either party by notice given at any time after Lessor elects not to make such repairs. In respect to any partial destruction which Lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of any statute or law permitting Lessee to terminate this lease are waived by Lessee. In the event that the building is destroyed to the extent of thirty-three and one-third percent (33-1/3%) or more of the then replacement cost thereof, Lessor may elect to terminate this lease, whether the premises are injured or not. A total destruction of the premises or of the building in which the premises are located shall terminate this lease. If repairs to the premises are effected by Lessor, Lessee, at its sole expense, shall replace and repair promptly its trade fixtures, equipment and other property of Lessee located on the premises. Any other provision in this Lease to the contrary notwithstanding, if the Premises are not so repaired premises, access to the premises and/or any part of the project that provides essential services to the premises is damaged in whole or restored within such 120 day periodin part from any cause and it is estimated that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and procedures, Tenant then Lessee shall have the right to terminate this Lease upon by delivering written notice to Landlord without that effect to Lessor. Similarly, if any further liabilitydamage to the premises, access to the premises and/or any part of the project that provides essential services to the premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration), then Lessee shall have the right to terminate this Lease by delivery of written notice to that effect to Lessor.

Destruction. If the Premises shall be damaged or the Building is destroyed by fire, earthquake, fire or other casualty not resulting from the negligence of Tenant or Tenant's employees, agents or invitees, and as a result thereof shall be untenantable as reasonably determined by Landlord, Base Rent shall be suspended until the Premises shall have been restored to a tenantable condition; provided, however, that Landlord may notify Tenant that the Premises will not be repaired, in which event this Lease shall terminate and neither party shall have any further liability to the extent that they are untenantable other except for liabilities relating to the period prior to termination. If in whole or in partthe reasonable estimate of Landlord and Tenant, then Landlord may, at Landlord's option, proceed with reasonable diligence it will take more than 180 days to rebuild and restore the Premises or such part thereofto a tenantable condition, provided that Tenant may, within thirty (30) days after clays of the occurrence of such damage, terminate the Lease by written notice to Landlord and neither party shall have any further liability to the other except for liabilities relating to the period prior to termination. If, however, such damage or destruction or injurydoes not render the Premises untenantable as reasonably determined by Landlord, Landlord shall in writing notify repair the same or cause the same to be repaired following receipt of insurance proceeds from Tenant of to the extent such funds are available or from the Landlord's intention insurance if the damage is to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to Office Park covered by insurance purchased by the whole PremisesLandlord. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or such damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises is caused by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal propertyemployees, agents or any inconvenience invitees, then the full amount of rent shall continue to be due, whether or annoyance occasioned not the Premises can be or are occupied and all such damage shall be repaired at the expense of the Tenant. Tenant shall promptly reimburse Landlord for all expenses incurred by such damage, repair, reconstruction, or restoration. Notwithstanding any provision the Landlord for repairs to the contrary, in Premises for which the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityis responsible hereunder.

Destruction. If the Leased Premises shall be partially damaged by any casualty insured against under any insurance policy maintained by Landlord, Landlord shall, upon receipt of the insurance proceeds, repair the Leased Premises, and until repair is complete the Basic Annual Rent and Additional Rent shall be abated proportionately as to that portion of the Leased Premises rendered untenantable. Notwithstanding the foregoing, if (a) the Leased Premises by reason of such occurrence are rendered wholly untenantable, or (b) the Leased Premises should in whole or in part during the last six (6) months of the term or of any renewal hereof, or (c) the Leased Premises or the Building is destroyed by fire, earthquake, (whether the Leased Premises are damaged or other casualty not) should be damaged to the extent that they are untenantable in whole of fifty percent (50%) or in partmore of the then-monetary value thereof, then and in any such events, Landlord may, at Landlord's option, proceed with reasonable diligence may either elect to rebuild and restore repair the Premises damage or such part thereof, provided that may cancel this Lease by notice of cancellation within thirty ninety (3090) days after such destruction or injuryevent and thereupon this Lease shall expire, Landlord and Tenant shall in writing notify Tenant vacate and surrender the Leased Premises to Landlord. Tenant's liability for rent upon the termination of this Lease shall cease as of the day following Landlord's intention to do sogiving notice of cancellation. During In the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which event Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required elects to repair any injury damage, any abatement of rent shall end five (5) days after notice by Landlord to Tenant that the Leased Premises have been repaired. If the damage is caused by the negligence of Tenant or damage by fire or other causeits employees, agents, invitees, or to make any repairs or replacements concessionaires, there shall be no abatement of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises rent. Unless this Lease is terminated by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day periodLandlord, Tenant shall have repair and refixture the right interior of the Leased Premises in a manner and in at least a condition equal to terminate this Lease upon notice that existing prior to Landlord without any further liabilitythe destruction or casualty and the proceeds of all insurance carried by Tenant on its property and fixtures shall be held in trust by Tenant for the purpose of said repair and replacement.

Destruction. If In the event the Premises or the Building and/or Common Area is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in partpart from any cause, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild except for routine maintenance and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period repairs and incidental damage and from destruction or damage until restorationcaused from vandalism and accidents for which Tenant is responsible under Paragraph 9, the rent shall be abated in the same ratio as that portion of the Premises which neither Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, nor Tenant shall have the right to terminate this Lease except upon the occurrence of limited circumstances provided hereinbelow, and Landlord shall be obligated to rebuild or restore the Premises and/or Common Area so damaged or destroyed to its condition prior to the damage or destruction at Landlord's sole cost and expense, with the exception that Tenant shall be solely responsible for all or such portion of the deductible amount of any insurance coverage as is then reasonably allocable to the rebuilding or restoration of the Premises under the insurance policies then being carried by Landlord pursuant to Paragraph 15 hereof. In the event any other portion of the Complex is damaged or destroyed (such as either of the other two buildings in the Complex), Landlord shall not be obligated hereunder to rebuild or restore the same, but shall be obligated to cause such other portion of the Complex to be restored to a safe and aesthetically pleasing condition. Tenant shall be entitled to a reduction in Rent after the occurrence of such damage and while such rebuilding or restoration is being made in the proportion that the area of the Building rendered untenantable by such damage or destruction bears to the total area of the Building. Landlord shall within thirty (30) days after the occurrence of such damage or destruction, provide Tenant with Landlord's contractor's estimate of the time required to complete the rebuilding or restoration of the Premises or the Common Area. If it is reasonably estimated by Landlord's contractor that the rebuilding or restoration will exceed thirteen (13) months following the date of the occurrence of such damage or destruction, then Tenant shall have the right to terminate this Lease by giving written notice to Landlord without within fifteen (15) days following receipt of Landlord's estimated time to rebuild or restore the Premises and/or Common Area. Notwithstanding anything herein to the contrary, Landlord's obligation to rebuild or restore the Building shall be limited to the Building and Interior Improvements (and any further liabilitysubsequent alterations, additions or improvements thereto) as they existed as of the date of such damage or destruction, but excluding (i) any Lab Equipment or any alterations, additions or improvements that are particular to using any portion of the Premises as a lab as distinguished from using it as an office, and (ii) any restoration of Tenant's trade fixtures, equipment, inventory or merchandise (with the items reflected in clauses (i) and (ii) collectively referred to as the "Excluded Items"). If Landlord does not complete the rebuilding or restoration within thirteen (13) months following the date of destruction (such period of time to be extended for delays caused by the fault or neglect of Tenant or because of Acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or other such delays beyond the reasonable control of Landlord or its contractors or subcontractors), then Tenant shall have the right to terminate this Lease by giving written notice to Landlord within fifteen (15) days after the expiration of said thirteen (13) month period (as such period may be extended by any of the foregoing enumerated excused delays). Landlord shall, within twenty (20) days after the occurrence of any matter which Landlord considers to constitute the basis for an excused delay, advise Tenant of such occurrence and the estimated excused delay that has been or will be occasioned thereby.

Destruction. If In the event the Leased Premises or the Building is destroyed are damaged by fire, earthquake, fire or other casualty perils covered by extended coverage insurance and Landlord receives sufficient proceeds to cover the extent that they cost of replacing the damage and said proceeds are untenantable in whole or in partmade available by Landlord’s mortgagee (if any), then Landlord mayagrees to promptly repair the same, at Landlord's optionand this Lease shall remain in full force and effect, proceed except that Tenant shall be entitled to a proportionate reduction of the rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs materially interferes with reasonable diligence the business carried on by the Tenant in the Leased Premises. If the damage is due to rebuild and the fault or neglect of Tenant or its employees, there shall be no abatement of rent. Notwithstanding anything to the contrary contained in this Article XII, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section either destroys twenty five percent (25%) of the Building or such part occurs during the last twelve (12) months of the Lease Term or any extension thereof, provided and under either of such circumstances, Landlord shall have the right to terminate this Lease without liability or its part. In any event, Landlord will notify Tenant within sixty (60) days of the date of the casualty whether Landlord intends to repair the Building. If, however, Landlord reasonably anticipates that the repairs will not be completed within six (6) months of the date of the casualty, it shall inform Tenant in writing, and Tenant shall have the right to terminate this Lease by written notice within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of receipt of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end’s notice. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintingsrailings, floor coveringscovering, partitions, or any other property installed in the Leased Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Leased Premises, Tenant's ’s personal property, property or any inconvenience or annoyance occasioned by such damages from Landlord for loss or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, reconstruction or restoration. Notwithstanding any provision to the contrary, except in the event that the Premises and the property cannot be repaired such damages, result from Landlord’s negligence or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitywillful misconduct.

Destruction. 25.1. If the Premises or any other portion of the Building is destroyed Shopping Center shall be partially damaged by fire, earthquake, fire or other casualty insured under Landlord’s insurance policies, then, upon Landlord’s receipt of the insurance proceeds, Landlord shall, except as otherwise provided herein, repair and restore the same (exclusive of Tenant’s trade fixtures, decorations, signs and contents) substantially to the condition immediately prior to such damage or destruction, such repair or restoration shall be limited, however, to the extent that they of the insurance proceeds received by Landlord. If by reason of such occurrence: (a) the Premises are untenantable rendered wholly untenantable; (b) the Premises are damaged in whole or in part, then Landlord may, at part as a result of a risk which is not covered by Landlord's option, proceed with reasonable diligence to rebuild and restore ’s insurance policies; (c) the Premises are damaged in whole or in part at any time during the term or of any renewal term hereof; (d) the Building or all of the buildings which then comprise the Shopping Center is or are damaged (whether or not the Premises are damaged) to an extent of fifty percent (50%) or more of the then replacement value thereof; or (e) any or all of said buildings or the Common Areas of the Shopping Center are damaged (whether or not the Premises are damaged) to such part thereofan extent that the Shopping Center cannot, provided that in the sole judgment of Landlord, be operated as an integral unit, then, or in any of such events, Landlord may elect either to repair the damage as aforesaid or to cancel this Lease by written notice of cancellation given to Tenant within thirty one hundred twenty (30120) days after the date of such destruction occurrence, and thereupon this Lease shall cease and terminate with the same force and effect as though the date set forth in Landlord’s notice was the date herein fixed for the expiration of the Term hereof, and Tenant shall vacate and surrender the Premises to Landlord. Upon the termination of this Lease as aforesaid, Tenant’s liability for the rents reserved hereunder shall cease as of the effective date of termination of this Lease, subject, however, to the provisions for the prior abatement of rent hereinafter set forth. Unless this Lease is terminated by Landlord as aforesaid, this Lease shall remain in full force and effect, and the parties waive the provisions of any law to the contrary, and Tenant shall repair, restore or injuryreplace Tenant’s trade fixtures, Landlord decorations, signs and contents in the Premises in a manner and to at least a condition equal to that existing prior to their damage or destruction, and the proceeds of all insurance carried by Tenant on said property shall be held in writing notify trust by Tenant for the purposes of Landlord's intention to do sosuch repair, restoration or replacement. During If by reason of such fire or other casualty the period from destruction or damage until restorationPremises are rendered wholly untenantable, the rent Fixed Minimum Rent shall be fully abated, or if only partially damaged, the Fixed Minimum Rent shall be abated in the same ratio proportionately as to that portion of the Premises which rendered untenantable, in either event (unless Landlord determines is unfit for occupancy shall bear elect to terminate this Lease as aforesaid) until fifteen (15) days after notice by Landlord to Tenant that the Premises have been substantially repaired and restored or until Tenant’s business operations are restored in the entire Premises, whichever shall occur sooner. Tenant shall continue the operation of Tenant’s business in the Premises or any part thereof not so damaged during any such period to the whole Premises. If Landlord shall fail to notify Tenantextent reasonably practicable from the standpoint of prudent business management and, then this Lease shall, at the expiration except for such abatement of the time Fixed Minimum Rent as hereinabove set forth, nothing herein contained shall be construed to xxxxx Tenant’s obligations for the giving payment of notice as herein providedthe Fixed Minimum Rent, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, Percentage Rent or any other property installed in additional rent and charges reserved hereunder, except that the Premises computation of such Percentage Rent shall be based upon the revised Fixed Minimum Rent as the same may be abated. If such damage or other casualty shall be caused by the gross negligence of Tenant or of Tenant’s subtenants, concessionaires, licensees, contractors or invitees or their respective agents or employees, there shall be no abatement of rent. The Except for the abatement of the Fixed Minimum Rent hereinabove set forth, Tenant shall not be entitled to and hereby waives all claims against Landlord for any compensation or damages from Landlord damage for loss of the use of the whole or any part of the Premises, Tenant's personal property, or Premises and/or the Common Areas and/or for any inconvenience or annoyance occasioned by any such damage, repairdestruction, reconstruction, repair or restoration. Notwithstanding The provisions of any provision to statute, rule, regulation, ordinance, order or other law which may be in effect at the contrary, in time of the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date occurrence of any such damage or destruction, under which a lease is automatically terminated or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have a tenant is given the right to terminate this Lease a lease upon notice to Landlord without the occurrence of any further liabilitysuch damage or destruction, are hereby expressly waived by Tenant.

Destruction. If the Demised Premises or shall be partially damaged by any casualty insurable under the Building is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's optioninsurance policy, proceed Landlord shall, upon receipt of the insurance proceeds, repair the same with reasonable diligence to rebuild speed. and restore the Premises or such a just and proportionate part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in until so repaired. The obligation of Landlord hereunder shall be limited to the same ratio as that portion basic building, store front and the replacement of any interior work originally installed by Landlord. If more than fifty (50%) percent of the Demised Premises shall be rendered untenantable or should be damaged as a result of a risk which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenantnot covered by Landlord's insurance, then this Lease shall, at the expiration or if fifty (50%) percent or more of the time for rentable area of the giving of notice as herein provided, Center shall be deemed terminated and at an end. Landlord shall not be required to repair any injury damaged or damage destroyed by fire or other cause, notwithstanding that the Demised Premises may be unaffected by such event. then or In any such events, Landlord may elect 10 repair the damage or may cancel this case within ninety (90) days of said occurrence by notice of Cancellation to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant and Tenant shall not be entitled to any compensation or damages from Landlord vacate the Demised Premises. Tenant's liability for loss rent upon the termination of this Lease shall cease as of the use day following the event or damage. Unless this Lease is terminated by Landlord. Tenant shall hold the proceeds or all insurance carried by Tenant on its property and improvements in trust for the purpose of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restorationrepair and replacement. Notwithstanding any provision to the contrary, in the event Landlord elects to repair the damage any abatement of rent shall end five (5) days after notice by Landlord to Tenant that the Demised Premises and have been repaired. If any damage is caused by the property cannot negligence of Tenant or its employees, the damages shall be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from by Landlord, upon receipt of the date Insurance proceeds. but there shall be no abatement of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityrent.

Destruction. If In the event of total or partial destruction of the Premises or to the Building is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore Common Area which prevents Tenant’s beneficial use of the Premises or such part thereofcaused by a loss required to be insured under Landlord’s property insurance pursuant to Section 12.6 hereof, provided Landlord shall forthwith repair the same; provided, however, that if the repairs cannot be made within thirty ninety (3090) days after such destruction or injurythe date of destruction, under the then applicable laws and regulations of Federal, State, County and Municipal authorities and in the light of the extent of damage and the then condition of the labor market and availability of materials and supplies, as reasonably and in good faith estimated by an architect retained by Landlord, then either party may elect to terminate this Lease by written notice to the other given within ten (10) days after Landlord provides Tenant with written notice of the estimated time to complete the repairs. Landlord shall retain the architect as soon as is practicable after the occurrence of the damage and shall provide the architect’s estimate of the time to complete the repairs. If Landlord is required to make repairs, this Lease shall continue in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, full force and effect and the rent shall be abated proportionately reduced while repairs are being made, such reduction shall be based upon the extent to which the damage and making of repairs shall interfere with the business carried on by Tenant in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord should elect or be obligated pursuant to this Section 14 to repair because of any damage or destruction, Landlord’s obligation shall fail be limited solely to notify Tenant, then this Lease shall, at the expiration restoration of the time for Building to the giving of notice as herein provided, be deemed terminated condition provided to Tenant on the Commencement Date and at an end. Landlord shall not be required extend to repair any injury leasehold improvements or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed alterations in the Premises made by Tenant during the Term, furniture, equipment, supplies, trade fixtures or other personal property owned or leased by Tenant, its employees, contractors, invitees or licensees. The provisions of this Lease, including this Section, constitute an express agreement between Landlord and Tenant shall not be entitled with respect to any compensation and all damage to, or damages from Landlord for loss of the use of the whole destruction of, all or any part of the Premises, Tenant's personal property, the Building or any inconvenience other portion of the Property. Any statute or annoyance occasioned by such damageregulation of the state in which the Building is located including, repairwithout limitation, reconstructionSections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or restoration. Notwithstanding any provision to the contrary, obligations concerning damage or destruction in the event that absence of an express agreement between the Premises and the property cannot be repaired parties, shall have no application to this Lease or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such any damage or destructiondestruction to all or any part of the Premises, the Building or if any other portion of the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityProperty.

Destruction. If the Premises or the Building is destroyed premises shall be partially damaged by fire, earthquake, or other any casualty to the extent that they are untenantable in whole or in part, then Landlord may, at insurable under Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury’s insurance policy, Landlord shall in writing notify Tenant shall, upon receipt of Landlord's intention to do so. During the period from destruction or damage until restorationinsurance proceeds, repair the same and the minimum rent shall be abated in the same ratio proportionately as to that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premisesrendered untenable. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation reason of such occurrence are rendered wholly untenable or damages from Landlord for loss whether the Premises are damaged or not, if all of the use buildings which then comprise the Complex should be damaged to the extent of seventy-five percent or more of the whole then monetary value thereof, or any part seventy-five percent of the Premisesbuildings or common areas of the Complex are damaged, Tenant's personal property, whether or any inconvenience or annoyance occasioned by not the Premises are damaged to such damage, repair, reconstruction, or restoration. Notwithstanding any provision to an extent that the contraryComplex cannot, in the sole judgment of the Landlord, be operated as an integral unit, then or in any such events, Landlord may elect to repair the damage or may cancel this Lease by notice of cancellation within one hundred eighty (180) days after such event and thereupon this Lease shall expire, and Tenant shall vacate and surrender the Premises to Landlord. Tenant’s liability for rent upon the termination of this Lease shall cease as of the day following the event or damage. Unless this Lease is terminated by Landlord, Tenant shall hold the proceeds of all insurance carried by Tenant on its property and improvements in trust for the purpose of repair and replacement. In the event Landlord elects to repair the damage any abatement of rent shall end five days after notice by Landlord to Tenant that the Premises and have been repaired. If any damage is caused by the property cannot negligence of Tenant or its employees, the damages shall be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from by Landlord, upon receipt of the date insurance proceeds, but there shall be no abatement of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityrent.

Destruction. If the Premises or the Building is destroyed premises shall be partially damaged by fire, earthquake, fire or other casualty casualty, the damage shall be repaired at the expense of Landlord, but without prejudice to the extent that they are untenantable in whole or in partrights of subrogation, then Landlord mayif any, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an endinsurer. Landlord shall not be required to repair or restore any injury of Tenant's property or any alteration or leasehold improvement made by or for Tenant at Tenant's expense. Tenant shall give Landlord prompt notice of any damage or destruction to the premises. The rent shall xxxxx in proportion to the portion of the premises not usable by Tenant Landlord shall not be liable to Tenant for any delay in restoring the premises, Tenant's sole remedy being the right to an abatement of rent, as above provided. If (i) the premises are rendered wholly untenantable by fire or other causecasualty and if Landlord shall decide not to restore the premises, (ii) the premises are rendered wholly untenantable by fire or other casualty during the last twenty-four (24) months of the term hereof, or (iii) if the building shall be so damaged that Landlord shall decide to make demolish it or to rebuild it (whether or not the premises have been damaged), landlord may within ninety (90) days after such fire or other cause give written notice to Tenant of its election that the term of this lease shall automatically expire no less than ten (10) days after such notice is given. Notwithstanding the foregoing, each party shall look first to any repairs insurance in its favor before making any claim against the other party for recovery for loss or replacements damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law, Landlord and Tenant each hereby releases and waives all right of any panels, decoration, office fixtures, paintings, floor coverings, recovery against the other or any other property installed in the Premises one claiming through or under each of them by Tenantway of subrogation or otherwise. The Tenant foregoing release and waive shall be in force only if both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance and also, provided that such a policy can be entitled to any compensation or damages from Landlord for loss obtained without additional premiums. Tenant hereby expressly waives the provisions of Section 227 of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event Real property law and agrees that the Premises foregoing provisions of this Article shall govern and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitycontrol in lieu thereof.

Destruction. If the Premises or the Building is destroyed shall be partially damaged by fire, earthquake, or other any casualty to the extent that they are untenantable in whole or in part, then Landlord may, at insured against under Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury’s insurance policy, Landlord shall in writing notify Tenant shall, upon receipt of Landlord's intention to do sothe insurance proceeds, repair the Premises. During Until any such repair is complete the period from destruction or damage until restoration, the rent Minimum Rent shall be abated in the same ratio proportionately as to that portion of the Premises rendered untenantable. Notwithstanding the foregoing, if: (i) the Premises by reason of such occurrence are rendered wholly untenantable, or (ii) the Premises should be damaged as a result of a risk which Landlord determines is unfit for occupancy shall bear not covered by Landlord’s insurance, or (iii) that Premises should be damaged in whole or in part during the last three (3) years of the term or of any renewal hereof, or (iv) the Premises or the building of which it is a part, whether the Premises are damaged or not, or all of the buildings which then comprise the Shopping Center, should be damaged to the whole extent of twenty-five percent (25%) or more of the then replacement cost of the improvements, or (v) any or all of the buildings or common areas of the Shopping Center are damaged, whether or not the Premises are damaged, to such an extent that the Shopping Center cannot, in the sole judgment of Landlord, be operated as an integral unit, or (vi) by reason of the right of any lender to retain or control the use of any insurance proceeds and the retention of proceeds or the exercise of control makes the repair of the Premises impracticable in the sole judgment of Landlord, then and in any of such events, Landlord may either elect to repair the damage or may cancel this Lease by notice of cancellation within one hundred eighty (180) days after such event and thereupon this Lease shall terminate, and Tenant shall vacate and surrender the Premises to Landlord. Tenant’s liability for rent upon the termination of this Lease shall cease as of the day following Landlord’s giving notice of cancellation and Tenant shall have no further right or interest in the Premises. If In the event Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required elects to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision abatement of Minimum Rent shall end five (5) days after notice by Landlord to the contrary, in the event Tenant that the Premises and have been repaired. Nothing in this Article shall be construed to axxxx or affect Percentage Rent, provided that if Minimum Monthly Rent is abated pursuant to this Article, then “Minimum Monthly Rent” used to calculate the property cannot amount of Percentage Rent shall be repaired the Minimum Monthly Rent as abated. If the damage is caused by the negligence of Tenant or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destructionemployees, agents, invitees, or concessionaires, there shall be no abatement of Minimum Monthly Rent. Landlord’s obligation to repair under this Article if undertaken, shall extend only to the Premises are construction of the basic building and store front and not so repaired to the repair or restored within replacement of Tenant improvements. If such 120 day periodrepair is undertaken by Landlord, Tenant shall have be obligated to repair and re-fixture the right interior of the Premises in a manner and in at least a condition equal to terminate this Lease upon notice that existing prior to the destruction or casualty and the proceeds of all insurance carried by Tenant on its property and fixtures shall be held in trust by Tenant for the benefit of Landlord without any further liabilityto assure fulfillment of Tenant’s repair and replacement obligations.

Destruction. 19.01 If the Building or Leased Premises or any portion thereof are destroyed by storm, fire, lightning, earthquake or other casualty, Tenant shall immediately notify Landlord. In the event the Building is destroyed by fireor the Leased Premises cannot, earthquake, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's optionreasonable judgment, proceed with reasonable diligence to rebuild be restored within one hundred eighty (180) days of the date of such damage or destruction, this Lease shall terminate as of the date of such destruction, and restore the Premises or such part thereof, provided all rent and other sums payable by Tenant hereunder shall be accounted for as between Landlord and Tenant as of that date. Landlord shall notify Tenant within thirty (30) days after of the date of the damage or destruction whether the Building and the Leased Premises can be restored within one hundred eighty (180) days. If this Lease is not terminated as provided in this Paragraph, Landlord shall, to the extent insurance proceeds payable on account of such damage or destruction are available to Landlord (with the excess proceeds belonging to Landlord), using reasonable diligence, repair, restore, rebuild, reconstruct or injuryreplace the damaged or destroyed portion of the Leased Premises to a condition substantially similar to the condition which existed prior to the damage or destruction. Provided, however, Landlord shall only be required to repair, restore, rebuild, reconstruct and replace the base building as shown on Exhibit "B" and detailed in writing notify Tenant of Exhibit "G" ("Landlord's intention to do soWork"). During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease Tenant shall, at the expiration its sole cost and expense, upon completion of the time Landlord's Work, repair, restore, rebuild, reconstruct and replace, as required, any and all Tenant Improvements installed in the Leased Premises by Tenant and all trade fixtures, personal property, inventory, signs and other contents in the Leased Premises, and all other repairs not specifically required of Landlord hereunder, in a manner and to at least the condition substantially similar to that existing prior to the damage, provided however, if the destruction has occurred in the lab or the manufacturing area, the Tenant shall have the option to either restore such areas to the condition that existed prior to the damage or restore the damaged area to be standard office space similar to the existing office space within the Leased Premises, the plans and specifications for such office space would require Landlord's prior review and approval. Tenant's obligation to pay Base Rent and additional rent shall xxxxx until the giving earlier of notice Tenant's occupancy or sixty (60) days after Landlord has repaired, restored, rebuilt, reconstructed or replaced the Leased Premises, as herein providedrequired herein, in proportion to the part of the Leased Premises which are unusable by Tenant. In the event of any dispute between Landlord and Tenant relative to the provisions of this paragraph, they may each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be deemed terminated final and at an endbinding on both Landlord and Tenant who shall bear the cost of such arbitration equally between them. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Leased Premises by Tenant. The Tenant shall not be entitled to waives any compensation or damages from Landlord for loss right under applicable laws inconsistent with the terms of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restorationthis paragraph. Notwithstanding the provisions of this paragraph, if any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destructiondestruction occurs within the final two (2) years of the term hereof, and such damage affects a material portion of the Leased Premises or if Tenant's use thereof then Landlord or Tenant may, without regard to the Premises are not so repaired or restored within such 120 aforesaid 180-day period, Tenant shall have the right to terminate this Lease upon by written notice to Landlord without any further liabilitythe other party.

Destruction. If Should the Premises premises or the Building is building or which the same are a part be damaged or destroyed in whole or in part by fire, earthquake, or other casualty casualty, so they cannot be repaired within ninety (90) working days to substantially the extent that they are untenantable in whole condition prior to such casualty. Lessor or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that Lessee may within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio thereafter terminate this lease as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premisesdate of such casualty. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements reason of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property laws said building cannot be repaired or restored to as a condition that would allow Tenant to continue its operations building of the same class, then irrespective of the time in which the building can be repaired or restored, Lessor or Lessee at any time within 120 thirty (30) days from of such casualty, may terminate this lease as of the date of such casualty. Upon any damage as aforesaid, and if the lease be not terminated as provided, Lessor shall with reasonable diligence restore the premises to substantially the condition prior to the casualty, with such changed as may be required, under any laws, ordinances or destructionregulations. If such damage shall have occurred after the commencement of the term, Lessee shall be entitled to a reasonable diminution of the minimum monthly rental hereunder during the time required for restoration, according to the proportion of the premises rendered untenantable. Lessor shall not be liable for any damages resulting to lessee from the repair and reconstruction of such demised premises or building, or if from the Premises are termination of this lease as herein provided, not so repaired shall Lessee be released thereby or restored within in any such 120 day periodevent from any of its obligations hereunder, Tenant shall have except to the right to terminate extent and upon the conditions expressly stated in this Lease upon notice to Landlord without any further liabilityArticle.

Destruction. If the Premises or the Building is totally or partially destroyed by fireduring the Term, earthquakerendering the Premises totally or partially inaccessible or unusable, or other casualty then, subject to the extent that they are untenantable in whole or in partremainder of this Paragraph, then (i) Landlord may, at Landlord's option, proceed with reasonable diligence shall promptly commence work necessary to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after Building to substantially the same condition as it was in immediately before such destruction or injuryand shall diligently prosecute such restoration work until completed, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. (ii) Landlord shall not be required to repair any injury restore Tenant's Alterations or damage by fire or other causeTenant's Personal Property, or to make any repairs or replacements unless they are an integral part of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises and they are specifically covered by Tenant. The insurance proceeds received by Landlord, such excluded items being the sole responsibility of Tenant to restore, (iii) such destruction shall not terminate this Lease (except as provided below), and (iv) all obligations of Tenant under this Lease shall remain in effect, except that the Basic Monthly Rent and Additional Rent shall be entitled to any compensation abated or damages from Landlord for loss reduced, between the date of such destruction and the date of Substantial Completion of restoration, by the ratio of (a) the Rentable Square Footage of the Premises rendered unusable or inaccessible by the destruction, to (b) the Rentable Square Footage of the Premises prior to such destruction. (The term "Substantial Completion" as used herein will mean completed to such an extent that the Premises may be used by Tenant for the Permitted Use, subject only to punchlist or correction items, and the restoration can be finally completed within 60 days and without material interference to Tenant's occupancy and use of the whole Premises.) Notwithstanding anything to the contrary in this Paragraph, either party shall have ten business days from the date of Landlord’s determination that this sentence applies to the subject destruction/reconstruction, in which to terminate this Lease if Landlord determines that (1) it will likely take more than either (A) 330 days following the date of such casualty, or any part (B) 270 days from obtaining all required permits for such reconstruction, in which to complete such work, (2) such destruction (which is not de minimus in nature) occurs during the last year of the Term, or (3) then-existing laws do not permit such restoration. Additionally, Landlord may, at its election, terminate this Lease by so notifying Tenant in writing on or before the later of 60 days after such destruction or 30 days after Landlord's receipt of the proceeds (or written notice of the amount of proceeds) from insurance maintained by Landlord, if (l) such destruction exceeds 20% of the then-replacement value of the Premises, Tenant's personal propertythe Building, or any inconvenience or annoyance occasioned by such damage, repair, reconstructionthe Project, or (ll) Landlord reasonably determines that the cost of such restoration will exceed the amount of insurance proceeds relating to such destruction actually received by Landlord from insurance maintained by Landlord, excluding deductibles, by more than five percent of such cost of restoration. Notwithstanding If Landlord or Tenant so terminates this Lease, then (x) Landlord shall have no obligation to restore the Project , (y) Landlord shall retain all insurance proceeds under Landlord’s maintained policies relating to such destruction, and (z) this Lease shall terminate as of 30 days after such notice of termination from Landlord to Tenant. Tenant hereby waives the provisions of California Civil Code Sections 1932(2) and 1933(4) or any provision successor statute with respect to any destruction of the contraryPremises. If Landlord restores the Premises following any such destruction, in the event that Tenant shall immediately refixturize, re-equip, and (if applicable) restock the Premises and shall re-open the property canPremises for business as soon thereafter as is reasonably practicable. If Tenant does not be repaired or restored intend to a condition that would allow Tenant to continue its operations so reopen the Premises for business, it must notify Landlord in writing within 120 20 business days from the date of such damage or destruction, or whereupon Landlord may cease its repair work and terminate this Lease. Additionally, if the Premises are not so repaired or restored Landlord fails to Substantially Complete such restoration work within such 120 day periodtwo hundred seventy (270) days, Tenant shall have the right to terminate this Lease upon may, by 30 days’ written notice to Landlord without any further liabilitydelivered after such year (during which period of time such restoration is not Substantially Completed), terminate this Lease.

Destruction. If during the Term of this Lease, any portion of the Premises, access to the Premises or any part of the Building which is essential to the use of the Premises is damaged or destroyed and such damage or destruction can, in Landlord’s reasonable estimation, be repaired within 180 days following such damage or destruction, this Lease shall remain in full force and effect and Landlord shall promptly commence to repair and restore the damage or destruction to substantially the same condition as existed prior to such damage and shall complete such repair and restoration with due diligence in compliance with all then existing laws. If (1) such damage or destruction cannot, in Landlord’s reasonable estimation, be repaired within 180 days following such damage or destruction; or (2) more than forty percent (40%) of the Building is damaged or destroyed (regardless of its impact on the Premises); or (3) any mortgagee of the Building will not allow the application of insurance proceeds to be applied to repair and restoration; or (4) the damage or destruction is not covered in full by fire, earthquakeLandlord’s insurance required by Paragraph 18, or other casualty to (5) the extent that they are untenantable in whole damage or in partdestruction occurs within the last twelve (12) months of the Term of this Lease or any extension hereof, then Landlord may, at Landlord's optionin its sole discretion, proceed with reasonable diligence terminate this Lease by delivery of notice to rebuild and restore the Premises or such part thereof, provided that Tenant within thirty (30) 30 days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which date Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration learns of the time for damage. In the giving event of notice repair, reconstruction and restoration by Landlord as herein provided, the rent payable under this Lease shall be deemed terminated and at an end. Landlord shall not be required abated proportionately with the degree to repair any injury or damage by fire or other cause, or to make any repairs or replacements which Tenant’s use of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by is impaired during the period of such repair, reconstruction or restoration; provided that there shall be no abatement of rent if such damage is the result of Tenant’s negligence or intentional wrongdoing. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, damage to Tenant's personal property, or ’s Personal Property and/or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, reconstruction or restoration. Notwithstanding If Landlord is obligated to or elects to repair or restore as herein provided, Landlord shall be obligated to make repair or restoration only to those portions of the Building and the Premises which were originally provided at Landlord’s expense, and the repair and restoration of items not provided at Landlord’s expense shall be the obligation of Tenant. Tenant agrees to coordinate the restoration and repair of those items it is required to restore or repair with Landlord’s repair and restoration work and in coordination with a work schedule prepared by Landlord, or Landlord’s contractor. Further, Tenant’s work shall be performed in accordance with the terms, standards and conditions contained in Paragraph 16 above. The provisions of California Civil Code Section 1932, Subsection 2, and Section 1933, Subsection 4, and any provision other similarly enacted statute or court decision relating to the contraryabatement or termination of a lease upon destruction of the leased premises, in the event that the Premises are hereby waived by Tenant; and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date provisions of this Paragraph 19 shall govern in case of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liability.

Destruction. 13.1 If the Premises or the Building is destroyed shall be damaged by fire, earthquake, fire or other casualty and the resulting loss is fully insured against by any fire and extended coverage insurance policy covering the Building which Landlord may elect to the extent that they are untenantable in whole or in partcarry, then and if Tenant shall give prompt notice to Landlord mayof such damage, Landlord, at Landlord's optionexpense, proceed with reasonable diligence shall repair such damage; subject, however, to rebuild the provisions of Section 13.2 and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required have no obligation to repair any injury or damage by fire or other cause, to or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, replace Xxxxxx's Property or any other property installed in the Premises by or effects of Tenant. The Except as otherwise provided in this Article XIII, if the entire Premises shall be rendered untenantable by reason of any such damage and Tenant shall is not be entitled to any compensation or damages from Landlord for loss of the use of the whole or occupying and using any part of thereof, the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to Rent shall xxxxx for the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days period from the date of such damage to the date when Landlord shall have completed its repair of the Premises, and if only a part of the Premises shall be rendered untenantable, the Rent shall xxxxx for such period in the proportion that the area of the part of the Premises so rendered untenantable bears to the total area of the Premises, but only to the extent that such untenantability materially interferes with the conduct of Tenant's business on the unaffected portion of the Premises; provided, however, if, prior to the date when Landlord shall have completed all of its repairs to the Premises, all or destructionany part of the Premises with respect to which the Rent abates as provided above shall be repaired by Landlord or shall be used or occupied by Tenant or any person or persons claiming through or under Tenant or shall cease to cause such material interference, then the Rent attributable to the Premises or such part thereof shall be reinstated on the date of any such use, occupancy or tenantability, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitycessation of interference.

Destruction. If during the Term of this Lease, any portion of the Premises, access to the Premises or any part of the Building which is essential to the use of the Premises is damaged or destroyed and such damage or destruction can, in Landlord’s reasonable estimation, be repaired within 180 days following such damage or destruction, this Lease shall remain in full force and effect and Landlord shall promptly commence to repair and restore the damage or destruction to substantially the same condition as existed prior to such damage and shall complete such repair and restoration with due diligence compliance with all then existing laws. If (1) such damage or destruction cannot, in Landlord’s reasonable estimation, be repaired within 180 days following such damage or destruction; or (2) more than forty percent (40%) of the Building is damaged or destroyed (regardless of its impact on the Premises); or (3) any mortgages of the Building will not allow the application of insurance proceeds for repair and restoration; or (4) the damage or destruction is not covered in full by fire, earthquakeLandlord’s insurance required by Paragraph 18, or other casualty to (5) the extent that they are untenantable in whole damage or in partdestruction occurs within the last twelve (12) months of the Term of this Lease or any extension hereof, then Landlord may, at Landlord's optionin its sole discretion, proceed with reasonable diligence terminate this Lease by delivery of notice to rebuild and restore the Premises or such part thereof, provided that Tenant within thirty (30) 30 days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which date Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration _______ of the time for damage. In the giving event of notice repair, reconstruction and restoration by Landlord as herein provided, the rent payable under this Lease shall be deemed terminated and at an end. Landlord shall not be required abated proportionately with the degree to repair any injury or damage by fire or other cause, or to make any repairs or replacements which Xxxxxx’s use of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by is impaired during the period of such repair, reconstruction or restoration; provided that there shall be no abatement of rent if such damage is the result of Tenant’s negligence or intentional wrongdoing. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of in the use of the whole or any part of the Premises, damage to Tenant's personal property, or ’s Personal Property and/or any inconvenience or annoyance occasioned by such damage, repair, reconstructionreconstruction or restoration, provided, however, that Landlord shall, use reasonable efforts not to interfere with Xxxxxx’s use of the premises during normal business hours consistent with any construction effort. If Landlord is obligated to or elects to repair or restore as herein provided, Landlord shall be obligated to make repair or restoration only to those portions of the Building and the Premises which were originally provided at Landlord’s expense, and the repair and restoration of items not provided at Landlord’s expense shall be the obligation of Tenant. Xxxxxx agrees to coordinate the restoration and repair of those items it is required to restore or repair with Landlord’s repair and restoration work and in coordination with a work schedule prepared by Landlord, or restorationLandlord’s contractor. Notwithstanding Further, Xxxxxx’s work shall be performed in accordance with the terms, standards and conditions contained in Paragraph 16 above. The provisions of California Civil Code Section 1932, Subsection 2, and Section 1933, Subsection 4, and any provision other similarly enacted statute or court decision relating to the contraryabatement or termination of a lease upon destruction of the leased premises, in the event that the Premises are hereby waived by Xxxxxx; and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from provisions of the date Paragraph 19 shall govern in case of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liability.

Destruction. If during the Term of this Lease, any portion of the Premises, access to the Premises or any part of the Building which is essential to the use of the Premises is damaged or destroyed and such damage or destruction, can, in Landlord's reasonable estimation, be repaired within 180 days following such damage or destruction, this Lease shall remain in full force and effect and Landlord shall promptly commence to repair and restore the damage or destruction to substantially the same condition as existed prior to such damage and shall complete such repair and restoration with due diligence in compliance with all then existing laws. If (1) such damage or destruction cannot, in Landlord's reasonable estimation, be repaired within 180 days following such damage or destruction; or (2) more than forty percent (40%) of the Building is damaged or destroyed (regardless of its impact on the Premises); or (3) any mortgagee of the Building will not allow the application of insurance proceeds to be applied to repair and restoration; or (4) the damage or destruction is not covered in full by fire, earthquakeLandlord's insurance required by Paragraph 18 (excluding any deductible), or other casualty to (5) the extent that they are untenantable in whole damage or in partdestruction occurs within the last twelve (12) months of the Term of this Lease or any extension hereof, then Landlord may, at Landlord's optionin its sole discretion, proceed with reasonable diligence terminate this Lease by delivery of notice to rebuild Tenant within 30 days of the date Landlord learns of the damage. If a) the destruction occurs during the last 12 months of the original term, b) any of the conditions in number 1 through 4 above have been met, and restore c) the Premises or Tenant has not exercised its option to renew, the Tenant may exercise such part thereof, provided that option within thirty three (303) business days after such destruction or injury, Landlord shall in writing notify Tenant of its receipt of Landlord's intention notice to do soterminate. During Failure by Tenant to exercise its option to renew will render the period from destruction or damage until restoration, option null and void and the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail have no further obligation to notify Tenantrepair and restore. In the event of repair, then this Lease shall, at the expiration of the time for the giving of notice reconstruction and restoration by Landlord as herein provided, the rent payable under this Lease shall be deemed terminated and at an end. Landlord shall not be required abated proportionately with the degree to repair any injury or damage by fire or other cause, or to make any repairs or replacements which Tenant's use of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by is impaired during the period of such repair, reconstruction or restoration; provided that there shall be no abatement of rent if such damage is the result of Tenant's negligence or intentional wrongdoing. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, damage to Tenant's personal property, or Personal Property and/or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, reconstruction or restoration. Notwithstanding If Landlord is obligated to or elects to repair or restore as herein provided, Landlord shall be obligated to make repair or restoration only to those portions of the Building and the Premises which were originally provided at Landlord's expense, and the repair and restoration of items not provided at Landlord's expense shall be the obligation of Tenant. Tenant agrees to coordinate the restoration and repair of those items it is required to restore or repair with Landlord's repair and restoration work and in coordination with a work schedule prepared by Landlord, or Landlord's contractor. Further, Tenant's work shall be performed in accordance with the terms, standards and conditions contained in Paragraph 16 above. The provisions of California Civil Code Section 1932, Subsection 2, and Section 1933, Subsection 4, and any provision other similarly enacted statute or court decision relating to the contraryabatement or termination of a lease upon destruction of the leased premises, in the event that the Premises are hereby waived by Tenant; and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date provisions of this Paragraph 19 shall govern in case of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liability.

Destruction. A. If the Premises premises shall be partially damaged or the Building is destroyed rendered wholly untenantable by fire, earthquake, fire or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall not elect to terminate this lease as provided below in writing notify Tenant this Article 11, the damage shall be repaired at the expense of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair or restore any injury of Tenant’s Property or any alteration or leasehold improvement made by or for Tenant at Tenant’s expense, unless same is covered by Landlord’s casualty insurance for the building. Tenant shall give Landlord prompt notice of any damage or destruction to the premises. The rent shall axxxx in proportion to the portion of the premises not usable by Tenant until the first to occur of (i) the date which is ninety (90) days after the date Landlord substantially completes Landlord’s restoration and repair work hereunder, or (ii) the date Tenant resumes occupancy of all or part of the demised premises for its business purposes. Landlord shall not be liable to Tenant for any delay in restoring the premises, Tenant’s sole remedy being the right to an abatement of rent, as above provided. If the building shall be so damaged that Landlord shall decide to demolish it or (if substantially demolished as a result of such fire or other causecasualty) to rebuild it (whether or not the premises have been damaged), Landlord may within ninety (90) days after such fire or other cause give written notice to make any repairs Tenant of its election that the term of this lease shall automatically expire no less than ten (10) days after such notice is given; provided, however, that in no event may Landlord so terminate this lease unless Landlord also terminates the leases covering all or replacements of any panels, decoration, substantially all other office fixtures, paintings, floor coverings, or any other property installed space in the Premises by Tenantbuilding. The Tenant shall not be entitled to any compensation or damages from Landlord for loss hereby expressly waives the provisions of Section 227 of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event Real Property Law and agrees that the Premises provisions of this Article shall govern and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitycontrol in lieu thereof.

Destruction. If the Premises or the Building is destroyed premises shall be partially damaged by fire, earthquake, fire or other casualty casualty, the damage shall be repaired at the expense of Landlord, but without prejudice to the extent that they are untenantable in whole or in partrights of subrogation, then Landlord mayif any, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an endinsurer. Landlord shall not be required to repair or restore any injury of Tenant's property or any alteration or leasehold improvement made by or for Tenant at Tenant's expense. Tenant shall give Landlord prompt notice of any damage or destruction to the premises. The rent shall xxxxx in proportion to the portion of the premises not usable by Tenant. Landlord shall not be liable to Tenant for any delay in restoring the premises, Tenant's sole remedy being the right to an abatement of rent, as above provided. If (i) the premises are rendered wholly untenantable by fire or other causecasualty and if Landlord shall decide not to restore the premises, (ii) the premises are rendered wholly untenantable by fire or other casualty during the last twenty-four (24) months of the term hereof, or (iii) if the building shall be so damaged that Landlord shall decide to make any repairs demolish it or replacements to rebuild it (whether or not the premises have been damaged), Landlord may within ninety (90) days after such fire or other cause give written notice to Tenant of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in its election that the Premises by Tenantterm of this lease shall automatically expire no less than ten (10) days after such notice is given. The Tenant shall not be entitled to any compensation or damages from Landlord for loss hereby expressly waives the provisions of Section 227 of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event Real Property Law and agrees that the Premises foregoing provisions of this Article shall govern and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitycontrol in lieu thereof.

Destruction. 15.1 If the Premises or the Building is destroyed shall be damaged by fire, earthquake, fire or other casualty insured against by Landlord's insurance policy covering the Building, and if Tenant shall give prompt notice to the extent that they are untenantable in whole or in partLandlord of such damage, then Landlord mayLandlord, at Landlord's optionexpense, proceed with reasonable diligence to rebuild and restore the Premises or shall repair such part thereofdamage; provided, provided however, that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required have no obligation to repair any injury or damage by fire or other cause, to or to make any repairs or replacements of any panelsreplace Tenant's Property, decoration, office fixtures, paintings, floor coverings, Alterations or any other property installed in the Premises by or effects of Tenant. The Tenant Except an otherwise provided in this Article 15, if the entire Premises shall not be entitled to rendered untenantable by reason of any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in Annual Base Rental and Additional Rent shall xxxxx for the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days period from the date of such damage or destruction, or if to the date when such damage to the Premises are not so repaired or restored within such 120 day period, Tenant shall have been repaired, and if only a part of the right Premises shall be rendered untenantable, the Annual Base Rental and Additional Rent shall xxxxx for such period in the proportion that the portion of the Rentable Area of the Premises so rendered untenantable bears to terminate this Lease upon notice the total Rentable Area of the Premises; provided, however, if, prior to Landlord without the date when all of such damage shall have been repaired, any further liabilitypart of the Premises so damaged shall be rendered tenantable or shall be used or occupied by Tenant or any person or persons claiming through or under Tenant, then the amount by which the Annual Base Rental and Additional Rent shall xxxxx shall be equitably apportioned for the period from the date of such use or occupancy to the date when all such damage shall have been repaired.

Destruction. If the Premises premises or the Building is building wherein the same are situated shall be destroyed by fire, earthquakefire or other cause, or other casualty to the extent be so damaged thereby that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that cannot be rendered tenantable within thirty on hundred eighty (30180) days after from the date of such destruction or injurydamage, this lease may be terminated by Landlord or by Tenant by written notice. Within forty-five (45) days from date of such destruction or damaged, Landlord shall give written notice to Tenant as to whether or not the premises will be rendered tenantable within one hundred eighty (180) days from the date of such destruction of damage. In case the damage or destruction be not such as to permit termination of the lease as above provided, Landlord shall with due diligence upon receipt of insurance proceeds render said premises tenantable, and a proportionate reduction shall be made in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent herein reserved corresponding to the time during which and to the portion of thee premises of which Tenant shall be abated in the same ratio as that portion deprived of possession. The provision of Subdivision 2 of Section 1932 of the Premises which Landlord determines is unfit for occupancy California Civil Code and of Subdivision 4 of Section 1933 of that code, shall bear no apply to this lease, and Tenant waives the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration benefits of the time for the giving of notice as herein provided, be deemed terminated and at an endsuch provisions. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any Tenant improvements, panels, decoration, office fixtures, paintingsrailings, floor coveringscovering, partitions, or any other property installed in the Premises by Tenant or by the Landlord on Tenant’s behalf. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's ’s personal property, property or any inconvenience or of annoyance occasioned by such damage, repair, reconstruction, reconstruction or restoration. Notwithstanding any provision to , unless the contrary, in destruction was caused by the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date negligence of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityLandlord.

Destruction. If the Premises or the Building is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant Either party hereto shall have the right to terminate this Lease upon in the event of destruction of or damage to the Leased Premises which is so extensive as to make impractical Tenant's use and occupancy thereof for a period reasonably expected to be in excess of sixty (60) days or if more than 50% of the space is reasonably expected to be unavailable for use for in excess of sixty (60) days. Such right of termination must be accomplished through written notice to the other party given within thirty (30) days following the date of destruction or damage. In the event of such termination there shall be a proration of the rent called for herein and Landlord without shall refund any further liabilityexcess previously paid by Tenant. Termination shall be effective, and rent shall be prorated as of the date on which written notice of termination is given. In the event of any other destruction of or damage to the Leased Premises, or in the event neither party exercises the above mentioned right of termination, Landlord shall forthwith repair and reconstruct the Leased Premises. During the period of damage and repair the rent required to be paid thereunder shall be reduced proportionate to the amount of area which Tenant is not able to occupy because of said destruction until such time as said area has been repaired or reconstructed and written notice given to Tenant that such space is available for occupancy. Whether or not this Lease is terminated as a result of destruction of or damage to the Leased Premises, all insurance proceeds realized under policies maintained by Landlord shall be the sole and exclusive property of Landlord and insurance proceeds from policies maintained by Tenant or Tenant's personal property shall be solely Tenant's.

Destruction. If the Premises or the Building is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that any substantial portion of the Premises which Landlord determines any Asset is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury damaged or damage ----------- destroyed by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision casualty prior to the contrary, in the event Closing Date such that the Premises and the property Asset in question at a particular Site cannot be repaired used in any manner for the purposes intended, Seller shall notify Purchaser thereof and Seller shall have the right, but not the obligation, to undertake the repair or restored to a condition that would allow Tenant to continue its operations within 120 days from restoration of the date Asset so damaged or destroyed. If Seller gives Purchaser notice of such undertaking, such undertaking shall be an obligation of Seller hereunder, and the purchase and sale of the Asset in question shall be consummated in accordance with the terms and provisions of this Agreement with no adjustment in the Exchange Consideration and Seller shall receive any insurance proceeds payable by reason of such damage or destruction. If the repair or restoration is not completed by the scheduled Closing Date, then the Closing Date as to such Asset and Site (but not as to any other Sites or Assets) shall occur ten (10) days after Seller has completed such repairs and has provided notice Purchaser of such completion. If Seller notifies Purchaser that it does not elect to undertake such repair or restoration, Purchaser may, at its election either (a) terminate this Agreement as to the Site on which the Asset in question is located (but not as to any other Sites or Assets) by giving written notice thereof to Seller, in which event, except as expressly provided herein to the contrary, this Agreement shall be of no further force or effect as to the Site on which the Asset in question is located (but not as to any other Sites or Assets) and Purchaser and Seller shall have no further rights, liabilities, duties or obligations hereunder as to the Asset in question (but not as to any other Sites or Assets), or (b) Purchaser may require Seller to (i) convey the Asset and Site in question or the remaining portion thereof as provided herein for the Exchange Consideration set forth in Paragraph 3 hereof, and (ii) transfer and assign all of Seller's right, title and interest in and to any and all insurance proceeds paid (but not yet expended), payable or to be paid in connection with such damage or destruction, and the transaction contemplated herein shall otherwise be consummated as provided in this Agreement. If Seller so notifies Purchaser that it does not undertake to so repair or restore the Asset and Site in question, Purchaser shall notify Seller in writing of its election pursuant to the immediate preceding sentence within five (5) days after such notice from Seller, and if the Premises are not Purchaser fails to so repaired or restored notify Seller within such 120 said five (5) day period, Tenant Purchaser shall be deemed to have elected to purchase the right Asset and Site in question pursuant to terminate this Lease upon notice to Landlord without any further liability(b) immediately above.

Destruction. If the Leased Premises shall be partially damaged by any casualty which is insured against under any insurance policy maintained by Landlord, Landlord shall, to the extent of and upon receipt of, the insurance proceeds, repair the portion of the Landlord’s Construction Obligations damaged by such casualty. Until such repair is complete, the Basic Annual Rent and Additional Rent shall be abated proportionately as to that portion of the Leased Premises rendered untenantable. Notwithstanding the foregoing, Landlord may either elect to repair the damage or may cancel this Lease by notice of cancellation within ninety (90) days after such event and thereupon this Lease shall expire, and Tenant shall vacate and surrender the Leased Premises to Landlord if any of the following occur: (a) the Leased Premises by reason of such occurrence are rendered wholly untenantable, (b) the Leased Premises should be damaged as a result of a risk which is not covered by insurance, (c) the Leased Premises should be damaged in whole or in part during the last six (6) months of the term or of any renewal hereof, (d) the Leased Premises or the Building is destroyed by fire, earthquake, (whether the Leased Premises are damaged or other casualty not) should be damaged to the extent that they are untenantable in whole of fifty percent (50%) or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore more of the Premises or such part then-monetary value thereof, provided that within thirty or (30e) the proceeds of such insurance are not sufficient to repair the Leased Premises to the extent required above (including any deficiency as a result of a mortgage lender’s election to apply such proceeds to the payment of the mortgage loan). Tenant’s liability for rent upon the termination of this Lease shall cease as of the day following Landlord’s giving notice of cancellation. In the event Landlord elects to repair any damage, any abatement of rent shall end five (5) days after such destruction notice by Landlord to Tenant that the Leased Premises have been repaired as required herein. If the damage is caused by the negligence of Tenant or injuryits employees, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction agents, invitees, or damage until restorationconcessionaires, the rent there shall be abated in the same ratio as that portion no abatement of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premisesrent. If Landlord shall fail to notify Tenant, then Unless this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed is terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day periodLandlord, Tenant shall have repair and refixture the right interior of the Leased Premises in a manner and in at least a condition equal to terminate this Lease upon notice that existing prior to Landlord without any further liabilitythe destruction or casualty and the proceeds of all insurance carried by Tenant on its property and fixtures shall be held in trust by Tenant for the purpose of said repair and replacement.

Destruction. If If, during the Term, the Premises or the Building is Project are more than twenty-five percent (25%) destroyed by fire, earthquakefrom any cause, or other casualty rendered inaccessible or unusable from any cause, Landlord may, in its sole discretion and without compensation or liability to Tenant, terminate this Lease by delivery of notice of termination to Tenant within thirty (30) days of such event. If, in Landlord's reasonable estimation, the extent that they are untenantable in whole or in partPremises cannot be restored within one hundred twenty (120) days following such destruction, then Landlord may, at shall immediately notify Tenant and Tenant may terminate this Lease by delivery of notice to Landlord within thirty (30) days of receipt of Landlord's optionnotice; otherwise this Lease shall remain in full force and effect. If Landlord does not terminate this Lease and if in Landlord's estimation the Premises can be restored within one hundred twenty (120) days, proceed with reasonable diligence then Landlord shall commence to rebuild and restore the Premises in compliance with then existing laws and shall complete such restoration with due diligence. In such event this Lease shall remain in full force and effect except that the then current rent shall be abated based on the extent to which the restoration being made by Landlord shall interfere with the business being carried on by Tenant in the Premises. If Landlord does not complete its repair and restoration work of the Premises within one hundred twenty (120) days after the occurrence of the damage or such part thereofdestruction, provided Tenant, at its option, may terminate this Lease by written notice to Landlord that the Lease will terminate if repairs or restoration are not completed within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion date of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an endnotice. Landlord shall will not be required to repair or restore any injury or damage by fire to the property of Tenant or other cause, or to make any repairs or replacements of restoration to any panelsalterations, decorationadditions, office fixtures, paintings, floor coverings, or any other property improvements installed in the Premises by or at the expense of Tenant. The ; however, Landlord and Tenant shall not be entitled will reasonably cooperate with each other to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by make such damage, repair, reconstruction, repairs or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liability.

Destruction. (a) If the Premises leased premises or the Building is destroyed any part thereof ----------- shall be damaged by fire, earthquake, fire or other casualty, Tenant shall give immediate notice thereof to Landlord and this Lease shall continue in full force and effect except as hereinafter set forth. (b) If the leased premises are partially damaged or rendered partially unusable by fire or other casualty, the damages thereto shall be repaired by and at the expense of Landlord and the rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty according to the extent that they part of the premises which is usable. (c) If the leased premises are untenantable totally damaged or rendered wholly unusable by fire or other casualty, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the premises shall have been repaired and restored by Landlord, subject to Landlord's right to elect not to restore the same as hereinafter provided. (d) If the leased premises are rendered wholly unusable or (whether or not the leased premises are damaged in whole or in part, then ) if the building shall be so damaged that Landlord may, at Landlord's option, proceed with reasonable diligence shall decide to demolish it or to rebuild and restore the Premises or it, then, in any of such part thereofevents, provided that Landlord may elect to terminate this lease by written notice to Tenant, given within thirty ninety (3090) days after such destruction fire or injurycasualty, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit specifying a date for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for lease, which date shall not be more than sixty (60) days after the giving of such notice, and upon the date specified in such notice the term of this Lease shall expire as fully and completely as if such date were the date set forth above for the termination of this Lease and Tenant shall forthwith quit, surrender and vacate the premises without prejudice however, to Landlord's rights and remedies against Tenant under the Lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and any payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Landlord shall serve a termination notice as herein providedprovided for herein, be deemed terminated and at an end. Landlord shall not be required make the repairs and restorations under the conditions of (b) and (c) hereof, with all reasonable expedition, subject to repair delays due to adjustment of insurance claims, labor troubles and causes beyond Landlord's control. After any injury or such casualty, Tenant shall cooperate with Landlord's restoration by removing from the premises as promptly as reasonably possible, all of Tenant's salvageable inventory and movable equipment, furniture, and other property. Tenant's liability of rent shall resume five (5) days after written notice from Landlord that the premises are substantially ready for Tenant's occupancy. (e) Nothing contained hereinabove shall relieve Tenant from liability that may exist as a result of damage by from fire or other causecasualty. Notwithstanding the foregoing, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law, Landlord and Tenant each hereby releases and waives all right of recovery against the other or any one claiming through or under each of them by way of subrogation or otherwise. The foregoing release and waiver shall be in force only if both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then the party benefiting from the waiver shall pay such premium within ten (10) days after written demand or shall be deemed to have agreed that the party obtaining insurance coverage shall be free of any further obligation under the provisions hereof with respect to waiver of subrogation. Tenant acknowledges that Landlord will not carry insurance on Tenant's furniture and/or furnishings or any fixtures or equipment, improvements, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises appurtenances removable by Tenant. The Tenant shall and agrees that Landlord will not be entitled obligated to any compensation repair and damage thereto or damages from Landlord for loss of replace the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitysame.

Destruction. If the Premises are rendered partially or totally untenantable by fire or other casualty, and if the damage is repairable within sixty (60) days from the date of the occurrence, then if insurance proceeds are available to pay the full cost of the repairs (less any deductible) Landlord shall repair the Premises with due diligence so long as at least the then-unexpired term of this Lease is at least one hundred eighty (180) days; otherwise Landlord may elect to terminate this Lease by written notice to Tenant. During the repair or construction of the Premises, the base rent shall be abated in the proportion that the untenantable portion of the Premises bears to the whole thereof, as determined by Landlord, for the period from the date of the casualty to the completion of the repairs, unless the casualty results from the negligence of Tenant or its officers, contractors, agents, invitees, guests or employees or Tenant’s breach of the terms of this Lease. If the Building is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in partmaterially damaged, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore regardless of whether the Premises are damaged, Landlord may terminate this Lease by written notice to Tenant. Landlord shall advise Tenant of Landlord’s election to repair or such part thereof, provided that terminate by giving notice to Tenant thereof within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion occurrence of the Premises which Landlord determines is unfit for occupancy shall bear to casualty. In the whole Premises. If Landlord shall fail to notify Tenantevent of damage by casualty, then this Lease Tenant shall, at its sole cost and expense, repair all damage to its own personal property and to all improvements which Tenant has made to the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an endPremises. Landlord shall not be required liable to Tenant for damages, compensation or other sums for inconvenience, loss of business or disruption arising from any repairs to or restoration of any portion of the Building or Premises. If Landlord elects to repair any injury or such damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant or the Building, such repair shall not be entitled commenced and completed as soon as reasonably possible, subject to any compensation or damages delays resulting from Landlord for loss circumstances beyond the reasonable control of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityLandlord.

Destruction. (a) If the Premises leased premises or the Building is destroyed any part thereof shall be damaged by fire, earthquake, fire or other casualty, Tenant shall give immediate notice thereof to Landlord and this Lease shall continue in full force and effect except as hereinafter set forth. (b) If the leased premises are partially damaged or rendered partially unusable by fire or other casualty, the damages thereto shall be repaired by and at the expense of Landlord and the rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty according to the extent that they part of the premises which is usable. (c) If the leased premises are untenantable totally damaged or rendered wholly unusable by fire or other casualty, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until the date when the premises shall have been repaired and restored by Landlord, subject to Landlord’s right to elect not to restore the same as hereinafter provided. (d) If the leased premises are rendered wholly unusable or (whether or not the leased premises are damaged in whole or in part, then ) if the building shall be so damaged that Landlord may, at Landlord's option, proceed with reasonable diligence shall decide to demolish it or to rebuild and restore the Premises or it, then, in any of such part thereofevents, provided that Landlord may elect to terminate this lease by written notice to Tenant, given within thirty ninety (3090) days after such destruction fire or injurycasualty, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit specifying a date for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for lease, which date shall not be more than sixty (60) days after the giving of such notice, and upon the date specified in such notice the term of this Lease shall expire as fully and completely as if such date were the date set forth above for the termination of this Lease and Tenant shall forthwith quit, surrender and vacate the premises without prejudice however, to Landlord’s rights and remedies against Tenant under the Lease provisions in effect prior to such termination, and any rent owing shall be paid up to such date and any payments of rent made by Tenant which were on account of any period subsequent to such date shall be returned to Tenant. Unless Landlord shall serve a termination notice as herein providedprovided for herein, be deemed terminated and at an end. Landlord shall not be required make the repairs and restorations under the conditions of (b) and (c) hereof, with all reasonable expedition, subject to repair delays due to adjustment of insurance claims, labor troubles and causes beyond Landlord’s control. After any injury or such casualty, Tenant shall cooperate with Landlord’s restoration by removing from the premises as promptly as reasonably possible, all of Tenant’s salvageable inventory and movable equipment, furniture, and other property. Tenant’s liability of rent shall resume five (5) days after written notice from Landlord that the premises are substantially ready for Tenant’s occupancy. (e) Nothing contained hereinabove shall relieve Tenant from liability that may exist as a result of damage by from fire or other causecasualty. Notwithstanding the foregoing, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law, Landlord and Tenant each hereby releases and waives all right of recovery against the other or any one claiming through or under each of them by way of subrogation or otherwise. The foregoing release and waiver shall be in force only if both releasors’ insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. If, and to the extent, that such waiver can be obtained only by the payment of additional premiums, then the party benefiting from the waiver shall pay such premium within ten (10) days after written demand or shall be deemed to have agreed that the party obtaining insurance coverage shall be free of any further obligation under the provisions hereof with respect to waiver of subrogation. Tenant acknowledges that Landlord will not carry insurance on Tenant’s furniture and/or furnishings or any fixtures or equipment, improvements, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises appurtenances removable by Tenant. The Tenant shall and agrees that Landlord will not be entitled obligated to any compensation repair and damage thereto or damages from Landlord for loss of replace the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitysame.

Destruction. If the Premises or the Building is leased premises are totally destroyed by fire, earthquake, fire or other casualty, this lease shall terminate. If such casualty to shall render ten (10) percent or less of the extent that they are untenantable floor space of the leased premises unusable for the purpose intended, Lessor shall effect restoration of the premises as quickly as is reasonably possible, but in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that any event within thirty (30) days. In the event such casualty shall render more than ten (10) percent of such floor space unusable but not constitute total destruction, Lessor shall forthwith give notice to Department of the specific number of days required to repair the same. If Lessor under such circumstances shall not give such notice within fifteen (15) calendar days after such destruction destruction, or injuryif such notice shall specify that such repairs will require more than ninety (90) days to complete from date such notice is given, Landlord shall Department, in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shalleither such event, at its option, may terminate this lease or, upon notice to Lessor, may elect to undertake the expiration repairs itself, deducting the cost thereof from the rental due or to become due under this lease and any other lease between Lessor and Department. In the event of any such destruction other than total, where the time for Department has not terminated the giving of notice lease as herein provided, be deemed terminated and at an end. Landlord or pursuant to the terms hereof has not elected to make the repairs itself, Lessor shall diligently prosecute the repair of said premises and, in any event, if said repairs are not be required to repair any injury completed within the period of thirty (30) days for destruction aggregating the ten (10) percent or damage by fire or other causeless of the floor space, or to make any repairs or replacements of any panelswithin the period specified in Lessor’s notice in connection with partial destruction aggregating more than ten (10) percent, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant Department shall have the right option to terminate this Lease upon notice lease or complete the repairs itself, deducting the cost thereof from the rental due or to Landlord without become due under this lease and any further liabilityother lease between Lessor and Department.

Destruction. 10. If the Premises or the Building is destroyed premises shall be partially damaged by fire, earthquake, fire or other casualty or other casualty, the damage Shall be repaired at the expense of Landlord, without prejudice to the extent that they are untenantable in whole or in partrights of subrogation, then Landlord mayif any, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an endinsurer. Landlord shall not be required to repair or restore any injury of the Tenant's property or damage any alteration, or leasehold improvement made by or for Tenant at Tenant's expense. The rent shall xxxxx in proportion to the portion of the premises not usable by Tenant. Landlord shall not be liable to Tenant for any delay in restoring the premises, Tenant's sole remedy being the right to an abatement of rent, as above provided. If the premises are rendered wholly untenantable by fire or other cause, or casualty and if Landlord shall decide not to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in restore the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destructionpremises, or if the Premises are building shall be so damaged that Landlord shall decide to demolish it or to rebuild it (whether or not so repaired the premises have been damaged), Landlord my within ninety (90) days after such fire or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon other cause give written notice to Tenant of its election that the term of this lease shall automatically expire no less than ten (10) days after such notice is given. Notwithstanding the foregoing, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law, Landlord and Tenant each hereby releases and waives all right of recovery against the other or any one claiming through or under each of them by way of subrogation or otherwise,. The foregoing release and waiver shall be in force only if both releasors' insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance and also, provided that such a policy can be obtained without any further liabilityadditional premiums. Tenant hereby expressly waives the provisions of Section 227 of the Real Property law and agrees that the foregoing provisions of this Article shall govern and control in lieu thereof.

Destruction. If 17.01 In the Premises or case of total destruction of the Building is destroyed by fire, earthquakePremises, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlordany portion thereof substantially interfering with Tenant's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion use of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage whether by fire or other causecasualty, not caused by the fault or negligence of Tenant, its agents, employees, servants, contractors, subtenants, licensees, customers or business invitees, this Lease shall terminate except as herein provided. If Landlord notifies Tenant in writing within forty-five (45) days of such destruction of Landlord's election to make any repairs or replacements of any panelsrepair said damage, decorationand if Landlord proceeds to and does repair such damage with reasonable dispatch, office fixturesthis Lease shall not terminate, paintingsbut shall continue in full force and effect, floor coverings, or any other property installed in the Premises by Tenant. The except that Tenant shall not be entitled to any compensation or damages from Landlord for loss a reduction in the minimum rent in an amount equal to that proportion of the use minimum rent which the number of square feet of floor space in the whole or any part unusable portion bears to the total number of square feet of floor space in the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event Said reduction shall be prorated so that the Premises rent shall only be reduced for those days any given area is actually unusable. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by labor disputes, civil commotion, war, warlike operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or control, fire or other casualty, inability to obtain any materials or services, acts of God and the property canother causes beyond Landlord's control. If this Lease is terminated pursuant to this Section 17 and if Tenant is not in default hereunder, rent shall be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from prorated as of the date of such damage or destructiontermination, or if the Premises are not so repaired or restored within such 120 day periodany security deposited with Landlord shall be returned to Tenant, Tenant less any reasonable offsets and all rights and obligations hereunder shall have the right to terminate this Lease upon notice to Landlord without any further liabilitycease and terminate.

Destruction. If the Project is totally or partially destroyed during the Term, rendering the Premises totally or the Building is destroyed by firepartially inaccessible or unusable, earthquakethen, or other casualty subject to the extent that they are untenantable in whole or in partre mainder of this Paragraph, then (i) Landlord may, at Landlord's option, proceed with reasonable diligence shall promptly commence work necessary to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after Project to substantially the same condition as it was in immediately before such destruction or injuryand shall diligently prosecute such restoration work until completed, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. (ii) Landlord shall not be required to repair any injury restore Tenant’s Alterations or damage Tenant’s Personal Property, unless they are specifically covered by fire or other causeinsurance proceeds received by Landlord, or such excluded items being the sole responsibility of Tenant to make any repairs or replacements of any panelsrestore, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant (iii) such destruction shall not be entitled to any compensation or damages from Landlord for loss terminate this Lease, and (iv) all obligations of the use of the whole or any part of the PremisesTenant under this Lease shall remain in effect, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event except that the Premises and the property cannot Basic Monthly Rent shall be repaired abated or restored to a condition that would allow Tenant to continue its operations within 120 days from reduced, between the date of such damage destruction and the date of completion of restoration, by the ratio of (a) the Rentable Area of the Premises rendered unusable or inaccessible by the destruction, or if to (b) the Rentable Area of the Premises are not so repaired or restored within prior to such 120 day perioddestruction. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to Landlord may, at its election, terminate this Lease upon notice to by so notifying Tenant In writing on or before the later of 120 days after such destruction or 60 days after Landlord’s receipt of me proceeds from insurance maintained by Landlord, if (A) then-existing laws do not permit such restoration, (B) such destruction occurs during the last year of the Term, (C) such destruction Landlord without any further liability./s/ JC Tenant /s/ RCB

Destruction. If the Premises or the Building is destroyed shall be damaged by fire, earthquake, fire or other casualty required to be insured under Landlord’s insurance policies, then upon Landlord’s receipt of the insurance proceeds, Landlord may except as otherwise provided herein, promptly repair and restore the same (exclusive of Tenant’s lighting and trade fixtures, furniture, furnishings, personal property, decorations, signs and contents) substantially to the condition thereof immediately prior to such damage or destruction limited, however, to the extent that they are untenantable in whole or in part, then of the insurance proceeds actually received by Landlord maytherefore. Landlord, at Landlord's optionits sole discretion, proceed with reasonable diligence may elect either to rebuild and restore repair the Premises damage as aforesaid, or such part thereof, provided that to cancel this Lease by written notice of cancellation given to Tenant within thirty ninety (3090) days after the date of such destruction occurrence, and thereupon this Lease shall cease and terminate with the same force and effect as though the date set forth in the Landlord said notice were the date herein fixed for the expiration of the Lease Term. If by reason of such fire or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During other casualty the period from destruction or damage until restorationPremises is rendered wholly untenable, the “minimum rent” shall be abated, or if only partially damaged, such rent shall be abated in the same ratio proportionately as to that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premisesrendered untenable. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to and hereby waives all claims against Landlord for any compensation or damages from Landlord damage for loss of the use of the whole or any part of the Premises, Tenant's personal property, or Premises and/or for any inconvenience or annoyance occasioned by any such damage, repairdestruction, reconstruction, repair or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liability.

Destruction. If In the Premises event of damage causing a partial destruction of the premises or the Building is destroyed building and other improvements in which the premises are located during the term or extended term of this Lease from any cause and repairs can be made within one hundred twenty (120) days from the date of the damage under the applicable laws and regulations of governmental authorities, Landlord shall repair said damage promptly and within a reasonable time, but such partial destruction shall in no way void this Lease, except that Tenant shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the portion of the premises usable by fire, earthquake, or other casualty Tenant bears to the extent that they are untenantable total area of the premises. If such repairs cannot be made in whole or in partone hundred twenty (120) days, then Landlord may, at Landlord's option, proceed with make the same within a reasonable diligence time, this lease continuing in full force and effect and the rent to rebuild and restore be proportionately rebated as provided in the Premises previous sentence. In the event that Landlord does not elect to make such repairs which cannot be made in one hundred twenty (120) days, or such part thereofrepairs cannot be made under such laws and regulations, provided that within thirty (30) days after such this Lease may be terminated at the option of either party. In respect to any partial destruction which Landlord is obligated to repair or injury, Landlord shall in writing notify Tenant may elect to repair under the terms of Landlord's intention to do so. During the period from destruction or damage until restorationthis paragraph, the rent shall be abated in the same ratio as that portion provisions of the Premises which Landlord determines is unfit for occupancy shall bear any statutes or laws permitting Tenant to the whole Premises. If Landlord shall fail to notify Tenant, then terminate this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises are waived by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in In the event that the Premises building in which the premises are situated is destroyed to the extent of thirty-three and one-third percent (33-1/3%) or more of the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destructionthen replacement cost thereof, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right Landlord may elect to terminate this Lease upon notice to Landlord without any further liabilityLease, whether the premises are damaged or not. A total destruction of the premises or of the building in which the premises are located shall terminate this Lease.

Destruction. If (a) During the term hereof, if the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building is destroyed Premises shall be so damaged by fire, earthquake, fire or other casualty to that substantial alteration or reconstruction of the extent that they are untenantable Premises (which is in whole or in partexcess of twenty percent (20.00%) of the Premises) shall be required if such damage is not covered by insurance carried by Landlord, then Landlord may, at Landlord's its option, terminate this Lease and the term and estate hereby granted by notifying Tenant in writing of such termination within forty-five (45) days after the date of such damage, in which event the Rent shall be abated as of the date of such damage. If Landlord does not thus elect to terminate this Lease, Landlord shall, within sixty (60) days after the date of such damage, commence to repair and restore the Buildings and shall proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided Buildings (except that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention not be responsible for delays outside its control) to do so. During the period from destruction or damage until restoration, the rent shall be abated in substantially the same ratio as that portion condition in which it was immediately prior to the happening of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenantcasualty, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. except that Landlord shall not be required to rebuild, repair or replace any injury part of Tenant's furniture and furnishings or damage fixtures and equipment removable by fire or other causeTenant under the provisions of this Lease, or to make any repairs or replacements but such work shall not exceed the scope of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed the work done by Landlord in originally constructing the Premises by TenantBuildings. The Tenant shall not be entitled to any compensation or damages from Landlord, and Landlord shall not be liable, for any loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such loss of use, damage, repair, reconstruction, reconstruction or restoration. Notwithstanding any provision , except that, subject to the contraryprovisions of the next sentence, in the event that the Premises and the property cannot be repaired or restored to a condition that would Landlord shall allow Tenant an abatement of Rent on a square footage basis during the time and to continue its operations within 120 days from the date of such damage or destruction, or if extent the Premises are unfit or unavailable for occupancy. If the Premises are damaged by fire or other casualty resulting from the negligence of Tenant or any of Tenant's agents, employees, or invitees, and the cost thereof is not so repaired or restored within such 120 day periodcovered and funded by insurance maintained by Landlord, Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises caused thereby to the extent such cost and expense is not covered by insurance proceeds. Tenant hereby specifically waives any and all rights it may have the right under any law, statute, ordinance or regulation to terminate this the Lease by reason of casualty or damage to the Premises or Buildings, and the parties hereto specifically agree that the Lease shall not automatically terminate by law upon notice to Landlord without any further liabilitydestruction of the Premises.

Destruction. If the Premises premises or the Building is building wherein the same are situated shall be destroyed by fire, earthquakefire or other cause, or other casualty to the extent be so damaged thereby that they are untenantable and cannot be rendered tenantable within one hundred eighty (180) days from the date of such destruction or damage in whole or the reasonable opinion of the Landlord, Landlord shall so notify Tenant in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that writing within thirty (30) days after the date of such destruction or injurydamage, and either Landlord or Tenant may terminate this lease by giving written notice to the other within thirty (30) days after the date of the first notice. If neither party elects to terminate this lease, or if the damage or destruction shall not be such as to permit termination of this lease as above provided, Landlord shall with due diligence, to the extent possible with insurance proceeds received by Landlord, repair said premises, and a proportionate reduction shall be made in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent herein corresponding to the time during which and to the extent by which Tenant shall be abated in the same ratio as that portion deprived of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury possession or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part premises to conduct its business therein, as reasonably determined by Landlord. The provisions of Subdivision 2 of Section 1932 of the PremisesCalifornia Civil Code, Tenant's personal propertyand of Subdivision 4 of Section 1933 of that Code, shall not apply to this lease, and Tenant waives the benefits of such provisions. In repairing the premises, Landlord may use designs, plans and specifications other than those used in the original construction, and may alter or relocate any inconvenience or annoyance occasioned by such damageall of the building, repairincluding the premises, reconstruction, provided that the premises as altered or restoration. Notwithstanding any provision relocated shall be in all material respects reasonably comparable to the contrary, premises as defined herein. Leasehold improvements installed in the event that the Premises and the property cannot premises shall be repaired or restored and rebuilt by Landlord only to a condition that would allow Tenant to continue its operations within 120 days from the date extent of any insurance proceeds received by Landlord for the repair of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityimprovements.

Destruction. If the Premises Tower is damaged or destroyed such that either SUBLESSOR’s or SUBLESSEE’s equipment cannot remain in continuous operation, SUBLESSOR may, in SUBLESSOR’s sole discretion, either: (i) repair the Building is destroyed by fire, earthquakeTower to operating condition if repairs can be accomplished within ninety (90) days whereupon this Sublease shall remain in full force and effect except that rent shall be abated for the period of time that SUBLESSEE cannot operate from the Tower, or other casualty (ii) terminate this Sublease upon written notice to SUBLESSEE. In no event shall SUBLESSOR have any obligation to repair, replace or restore the Tower or any of SUBLESSEE’s equipment or improvements to the extent Subleased Premises. The foregoing notwithstanding, in the event that they are untenantable in whole SUBLESSOR elects not to repair the Tower, SUBLESSEE shall have the right to repair the Tower to operating condition. If SUBLESSOR gives notice to SUBLESSEE of its intention to terminate this Sublease due to damage or in partdestruction as set forth above, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within SUBLESSEE shall have thirty (30) days after following such destruction or injurynotice to provide notice to SUBLESSOR that SUBLESSEE intends to exercise its right to repair the Tower (the “Repair Notice”). If SUBLESSEE gives timely Repair Notice, Landlord this Sublease shall remain in writing notify Tenant of Landlord's intention to do so. During full force and effect, with rent abated for the period from destruction or damage until restoration, of time that SUBLESSEE cannot operate due to the rent shall be abated in the same ratio as that portion condition of the Premises which Landlord determines is unfit for occupancy shall bear to the whole PremisesTower. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in In the event that SUBLESSEE repairs the Premises and Tower to operating condition, SUBLESSEE shall receive a credit for any rent owed in an amount equal to the property cannot be repaired or restored reasonable actual cost of such repairs. If SUBLESSEE fails to a repair the Tower to operating condition that would allow Tenant to continue its operations within 120 ninety (90) days from following the date of such damage or destructionits Repair Notice, or if the Premises are not so repaired or restored within such 120 day period, Tenant this Sublease shall have the right to terminate this Lease upon notice to Landlord without any further liabilityterminate.

Destruction. If “Destruction” shall mean damage or Destruction to the Premises or the Building is destroyed by fire, earthquake, or other casualty Hangar to the extent that they are untenantable in whole the cost of repair is greater than thirty percent (30%) of the fair market value of either immediately prior to such damage or in partDestruction. If at any time during the term of this Lease there is damage to the Hangar or Premises, then Landlord maywhether or not an insured loss (including Destruction required by any authorized public authority), which may be classified as Destruction, this Lease shall at Landlord's ’s option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant terminate as of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destructionDestruction. Not withstanding the foregoing, or if Landlord completes rebuilding of the Premises are not so repaired or restored at Landlord’s option within such 120 day periodthe Lease term, then Tenant shall have the right to terminate reoccupy the Premises upon the terms and conditions that will be in effect at the time. Landlord reserves the absolute right to make the determination to rebuild or the right not to rebuild the Premises. Subject to the provisions on condemnation and damage near the end of the term, if at any time during the term of this Lease upon notice to there is damage which does not fall within the classification of Destruction, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant’s sole expense), Landlord without any further liabilitywill repair such damages within a reasonable time at Landlord’s expense, in which event this Lease shall continue in full force and effect.

Destruction. If the Premises or the Building is destroyed by fire, earthquake, or other casualty to the extent that they are untenantable in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that any substantial portion of the Premises which Landlord determines any Asset is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury damaged or damage ----------- destroyed by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision casualty prior to the contrary, in the event Closing Date such that the Premises and the property Asset in question at a particular Site cannot be repaired used in any manner for the purposes intended, Seller shall notify Purchaser thereof and Seller shall have the right, but not the obligation, to undertake the repair or restored to a condition that would allow Tenant to continue its operations within 120 days from restoration of the date Asset so damaged or destroyed. If Seller gives Purchaser notice of such undertaking, such undertaking shall be an obligation of Seller hereunder, and the purchase and sale of the Asset in question shall be consummated in accordance with the terms and provisions of this Agreement with no adjustment in the Purchase Price and Seller shall receive any insurance proceeds payable by reason of such damage or destruction. If the repair or restoration is not completed by the scheduled Closing Date, then the Closing Date as to such Asset and Site (but not as to any other Sites or Assets) shall occur ten (10) days after Seller has completed such repairs and has provided notice Purchaser of such completion. If Seller notifies Purchaser that it does not elect to undertake such repair or restoration, Purchaser may, at its election either (a) terminate this Agreement as to the Site on which the Asset in question is located (but not as to any other Sites or Assets) by giving written notice thereof to Seller, in which event, except as expressly provided herein to the contrary, this Agreement shall be of no further force or effect as to the Site on which the Asset in question is located (but not as to any other Sites or Assets) and Purchaser and Seller shall have no further rights, liabilities, duties or obligations hereunder as to the Asset in question (but not as to any other Sites or Assets), or (b) Purchaser may require Seller to (i) convey the Asset and Site in question or the remaining portion thereof as provided herein for the Purchase Price set forth in Paragraph 3 hereof, and (ii) transfer and assign all of Seller's right, title and interest in and to any and all insurance proceeds paid (but not yet expended), payable or to be paid in connection with such damage or destruction, and the transaction contemplated herein shall otherwise be consummated as provided in this Agreement. If Seller so notifies Purchaser that it does not undertake to so repair or restore the Asset and Site in question, Purchaser shall notify Seller in writing of its election pursuant to the immediate preceding sentence within five (5) days after such notice from Seller, and if the Premises are not Purchaser fails to so repaired or restored notify Seller within such 120 said five (5) day period, Tenant Purchaser shall be deemed to have elected to purchase the right Asset and Site in question pursuant to terminate this Lease upon notice to Landlord without any further liability(b) immediately above.

Destruction. If the Premises or the Building is destroyed premises shall be partially damaged by fire, earthquake, fire or other casualty casualty, the damage shall be repaired at the expense of Landlord, but without prejudice to the extent that they are untenantable in whole or in partrights of subrogation, then Landlord mayif any, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an endinsurer. Landlord shall not be required to repair or restore any injury of Tenant's property or any alteration or leasehold improvement made by or for Tenant at Tenant's expense. Tenant shall give Landlord prompt notice of any damage or destruction to the premises. The rent shall axxxx in proportion to the portion of the premises not usable by Tenant. Landlord shall not be liable to Tenant for any delay in restoring the premises, Tenant's sole remedy being the right to an abatement of rent, as above provided. If (i) the premises are rendered wholly untenantable by fire or other causecasualty and if Landlord shall decide not to restore the premises, (ii) the premises are rendered wholly untenantable by fire or other casualty during the last twenty-four (24) months of the term hereof or (iii) if the building shall be so damaged that Landlord shall decide to demolish it or to make any repairs rebuild it (whether or replacements not the premises have been damaged), Landlord may within ninety (90) days after such fire or other cause give written notice to Tenant of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in its election that the Premises by Tenantterm of this lease shall automatically expire no less than ten (10) days after such notice is given. The Tenant shall not be entitled to any compensation or damages from Landlord for loss hereby expressly waives the provisions of Section 227 of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event Real Property law and agrees that the Premises foregoing provisions of this Article shall govern and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilitycontrol in lieu thereof.

Destruction. If the Demised Premises shall be partially damaged by any casualty insurable under the Tenant's insurance policy, Tenant shall, within sixty (60) days or upon receipt of the Building insurance proceeds, whichever is destroyed earlier, commence repair, replacement and renewal of the same, and the minimum rent shall be abated proportionately as to that portion of the Demised Premises rendered untenantable. Any such repair, replacement and renewal shall be made based upon plans and contractors approved in writing by fire, earthquake, Landlord. If the Demised Premises (a) by reason of such occurrence is rendered wholly untenantable or other casualty to the extent that they are untenantable (b) should be damaged as a result of a risk which is not covered by insurance or (c) should be damaged in whole or in partpart during the last three (3) months of the term hereof, or (d) the Entire Premises (whether the Demised Premises are damaged or not) should be damaged to the extent of fifty percent (50%) or more of the then replacement value thereof, or if any or all of the Entire Premises or common areas of the Entire Premises are damaged, whether or not the Demised Premises are damaged to such an extent that the Entire Premises cannot, in the sole judgment of Landlord be operated as an integral commercial unit, then and in any of such events, Landlord may, at Landlord's option, proceed with reasonable diligence may either elect to rebuild and restore have Tenant repair the Premises damage or such part thereof, provided that may cancel this Lease by giving Tenant written notice of cancellation within thirty sixty (3060) days after such destruction event and thereupon this Lease shall expire, and Tenant shall vacate and surrender the Demised Premises to Landlord. Tenant's liability for rent upon the termination of this Lease shall cease as of the day following the event or injurydamage, or Tenant's vacating the Demised Premises, whichever date is later. In the event Landlord shall in writing notify elects to have Tenant repair the damage insurable under Tenant's policies, any abatement of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in end five (5) days after notice by Landlord to Tenant that the same ratio as that portion of the Demised Premises which Landlord determines is unfit for occupancy shall bear to the whole Premiseshave been repaired. If Landlord the damage is caused by the negligence of Tenant or its employees, invitees, or agents, there shall fail to notify Tenant, then be no abatement of rent. Unless this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed is terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day periodLandlord, Tenant shall have repair, replace, renew and refixture the right interior of the Demised Premises in a manner and to terminate at least a condition equal to that existing prior to its destruction or casualty and the proceeds of all insurance carried by Tenant on its property and improvements shall be held in trust by Tenant for the purpose of said repair or replacement. If this Lease upon notice is terminated by Landlord as aforesaid, all proceeds from Tenant's insurance coverage in excess of proceeds attributable to Landlord without any further liabilitythe loss of Tenant's property, shall be disbursed and paid to Landlord, and Tenant hereby assigns the same to the Landlord.

Destruction. If In the event the Demised Premises or the Building is destroyed are damaged by fire, earthquake, enemy, act of God or the elements or other casualty casualty, the Sublessor, unless it shall otherwise elect as hereinafter provided, shall take commercially reasonable, good faith steps to have the Master Lessor repair the same with reasonable dispatch after written notice of the damage. If such damage is so extensive as to render the Demised Premises untenantable, but the election is made to nevertheless repair same, then the rent shall be abated to an extent corresponding with the time during which and the extent to which said Demised Premises may have been untenantable. If such repairs, however, are delayed because of the Sublessee's failure to adjust the Sublessee's own insurance claim, no rental reduction shall be allowed beyond a reasonable time allowed for such adjustment. If, however, such damage or destruction to said Demised Premises shall be caused by negligence or intentional, improper conduct on the part of the Sublessee or the Sublessee's agents, servants, employees, visitors or licensees, then, notwithstanding such damage or destruction, the Sublessee shall be liable for the rent during the unexpired portion of the demised term without abatement unless this Sublease is terminated by mutual agreement of the parties. The Sublessor shall have the right to determine, within a reasonable time after such occurrence regardless of its cause, whether to demolish, rebuild or reconstruct the building containing the Demised Premises and, in the event of such decision by the Sublessor to so demolish, rebuild or reconstruct, then, upon notice given by the Sublessor to the extent Sublessee, this Sublease shall terminate on a date to be specified in such notice as if that they are untenantable date had been originally fixed as the expiration date of the term here demised and the rent shall be adjusted as of the time of the occurrence of such damage or destruction. The Sublessee shall give immediate notice to the Sublessor in whole case of such damage or destruction. Notwithstanding anything else herein to the contrary, in partthe event the Demised Premises cannot, then Landlord with reasonable effort, be repaired with one hundred twenty (120) days, Sublessee may, at Landlord's optionupon not less than thirty (30) days' prior written notice to Sublessor, proceed with reasonable diligence to rebuild and restore the Premises or such part thereofterminate this Sublease, provided that any such notice must be given within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as that portion of the Premises which Landlord determines is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event Sublessor advises Sublessee that the Demised Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityone hundred twenty (120) days.

Destruction. If the Premises or the Building is destroyed In case of damage by fire, earthquake, fire or other casualty to the extent that they are untenantable in whole or in partDemised Premises, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restoration, the rent shall be abated in the same ratio as required to pay rent covering only that portion part of the Demised Premises which Landlord determines is unfit for occupancy shall bear that remains tenantable; based on the ratio that the amount of square foot area remaining that can be occupied bears to the whole total square foot area of all of the Demised Premises. If Landlord shall fail to notify Tenant, then during the term of this Lease shall, at the expiration of the time for the giving of notice as herein provided, entire Demised Premises or any substantial part thereof shall be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage so damaged by fire or other causecasualty as to be untenantable, then unless said damage can be repaired within ninety (90) days thereafter as herein specified, either party hereto, upon written notice to the other party, given at any time following the expiration of such ninety (90)-day period may terminate this Lease in which case the rent and additional rent shall be apportioned and paid to the date of said fire or to make any repairs other casualty. The period of ninety (90) days shall be extended for such time that Landlord is delayed in substantially completing such repair or replacements restoration by causes such as strikes, unavailability of any panels, decoration, office fixtures, paintings, floor coverings, materials or any other property installed cause which is beyond the reasonable control of Landlord. No compensation or claim or diminution of rent will be allowed or paid, by Landlord, by reason of inconvenience, annoyance or injury to business, arising from the necessity may occur, as determined in the Premises sole discretion of Landlord. Landlord shall have no obligation to replace or repair Tenant's equipment fixtures or personal property which is to be insured by Tenant. The Tenant For purposes of this paragraph, a substantial part shall not be entitled to any compensation mean ten percent (10%) or damages from Landlord for loss more of the use of the whole or any part of the Demised Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision to the contrary, in the event that the Premises and the property cannot be repaired or restored to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liability.

Destruction. Lessee shall maintain a policy of fire and extended coverage insurance covering the replacement value of all of Lessee's improvements, equipment and fixtures. If any portion or all of the Premises demised premises is damaged by fire or casualty not caused by the Building fault or neglect of Lessee, Lessee's agents, customers or invitees, and this Lease is destroyed by firenot terminated pursuant to any provisions of this Lease, earthquake, rent shall xxxxx from the date of the occurrence in a proportion that the area of the portion of the demised premises rendered untenantable for the permitted use bears to the entire area of the demised premises. This abatement shall continue until the demised premises shall be rebuilt or repaired. If fire or other casualty is caused by the fault or neglect of Lessee or Lessee's agents rent shall not xxxxx. In the event of damage or destruction to 25%, or more, of the demised premises, or 34%, or more, of the entire Shopping Center by fire or other casualty, Lessor or Lessee shall have the option to cancel this Lease, exercisable upon giving notice of cancellation to the extent that they are untenantable other party within ninety days following such occurrence, and in whole or in part, then Landlord may, at Landlord's option, proceed with reasonable diligence to rebuild and restore the Premises or such part thereof, provided that within thirty (30) days after such destruction or injury, Landlord shall in writing notify Tenant of Landlord's intention to do so. During the period from destruction or damage until restorationevent this Lease is so terminated, the rent shall be abated in apportioned from the same ratio as that date of the occurrence of the damage or destruction. In the event all or any portion of the Premises which Landlord determines demised premises is unfit for occupancy shall bear to the whole Premises. If Landlord shall fail to notify Tenant, then this Lease shall, at the expiration of the time for the giving of notice as herein provided, be deemed terminated and at an end. Landlord shall not be required to repair any injury or damage damaged by fire or other causecasualty and this Lease is not terminated as above provided, Lessor shall repair and rebuild the demised premises or such portion to make any repairs its or replacements their condition immediately prior to the commencement of any panels, decoration, office fixtures, paintings, floor coverings, or any other property installed in this lease term. Such repair will be commenced within a reasonable time after the Premises by Tenantoccurrence. The Tenant Lessor shall not be entitled obligated to expend any compensation sums for repair or damages from Landlord for loss rebuilding which are greater than the net proceeds of any insurance policy carried by Lessor. In the use of the whole event Lessor elects to repair or any part of the Premisesrebuild, Tenant's personal propertyLessee shall repair or rebuild its improvements, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. Notwithstanding any provision fixtures and equipment to the contrary, in the event that the Premises and the property cannot be repaired or restored conditions existing immediately prior to a condition that would allow Tenant to continue its operations within 120 days from the date of such damage or destruction, or if the Premises are not so repaired or restored within such 120 day period, Tenant shall have the right to terminate this Lease upon notice to Landlord without any further liabilityoccurrence.