Common use of Fire and Other Casualty Clause in Contracts

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are so substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall be paid up to the time of such destruction and thenceforth this Lease shall come to an end. However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of If there is a fire or other casualty, the Tenant shall will give immediate notice to the Landlord. If the premises shall be Premises are partially damaged by fire, the elements elements, or other casualty, the Landlord shall will repair the same as speedily as practicable, but and the Tenant’s obligation to pay the rent hereunder shall will cease prorate based on the portion not cease. Ifusable by the Tenant, If in the opinion of the Landlord, the premises Premises are so substantially damaged as to render them untenantable, then the rent shall will cease until such time as the premises shall be Premises are made tenantable by the Landlord. HoweverIf, ifhowever, in the reasonable opinion of the Landlord, the premises Premises are so substantially damaged that it will require more than 60 days to make the Premises tenantable or the Landlord decides not to rebuild, then either the landlord or the Tenant may terminate the Lease as of the date of destruction and the rent shall will be paid up to the time of such destruction destruction. The rent, and thenceforth this Lease shall come any additional rent, will be apportioned us of the termination date, and any rent paid for any period beyond that date will be repaid to an endthe Tenant. However, the preceding provisions of this clause shall Paragraph 15 will not become effective or be applicable, applicable if the fire or other casualty and damage shall be are the result of the carelessness, gross negligence or improper conduct willful misconduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall will continue and the Tenant shall will be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been is insured against any of the risks herein covered, then the proceeds of such insurance shall will be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall will have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of If there is a fire or other casualty, the Tenant shall will give immediate notice to the Landlord. If the premises shall be Premises are partially damaged by fire, the elements or other casualty, the Landlord shall will repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall will not cease. If, in the opinion of the Landlord, Township Fire Department the premises are so substantially damaged as to render them rendered untenantable, then the rent shall rent, property taxes and CAM will cease. However, if the premises are destroyed or damaged such that repairs cannot be completed in 120 days, then the rent, property taxes and CAM will cease until such time as the premises shall be primises are made tenantable by the Landlord. landlord.. However, if, in if the opinion of the Landlord, the premises Premises are totally destroyed or so extensively and substantially damaged that the Landlord decides (50% or more and cannot to rebuild, be fully repaired within 120 days) then the rent shall will be paid up to the time of such destruction and thenceforth this Lease shall the lease will come to an end. HoweverIn no event however, will the provisions of this clause shall not the preceding three sentences become effective or be applicable, if the fire or other casualty and damage shall be are the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, subtenants assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenantscovenant, conditions and terms hereof on the Tenant’s 's part to be performed shall will continue and the Tenant shall will be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been was insured against any of the risks herein covered, then the proceeds of such insurance shall will be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, hereunder and such insurance carriers shall will have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. (a) In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, and the cost to repair said damages is $25,000 or less, then Tenant shall be responsible for making repairs directly. Except as provided in the next sentence, if the cost to repair such partial damage is more than $25,000, then the Landlord shall repair the same as speedily as practicable, but in neither case shall the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, If Landlord and Tenant agree that the premises are so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, if the premises are be totally destroyed or so extensively and substantially damaged that the building cannot be restored to tenantable condition within 180 days from the date of damage, or if Landlord decides has not restored the building to rebuildtenantable condition within such 180-day period, then either party may cancel this lease; then the rent shall be paid up to the time of such destruction and then and from thenceforth this Lease lease shall come to an end. However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement. Any disputes regarding these repair and restoration provisions will be settled by arbitration, in accordance with Article 38.

Fire and Other Casualty. 13th: In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent shall be paid up to the time of such destruction and then and from thenceforth this Lease lease shall come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of 21.01. If the Premises shall be damaged by fire or other casualtycasualty other than as a result of the fault or negligence of Tenant, and such fire or other casualty is insured against by Landlord, and Landlord shall have received from such insurance sufficient proceeds to fully repair all of the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged damage caused by fire, the elements or such fire and other casualty, the Landlord shall repair the same as speedily as practicabledamage, but the provided that Landlord shall have no obligation to repair damage to or replace Tenant’s obligation to pay Personal Property or any other property located in the Premises, and the Lease shall not terminate. Except as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, the rent hereunder shall not cease. Ifxxxxx for the period from the date of the damage to the date the damage is repaired as determined by Landlord, and if only a part of the Premises are so rendered untenantable the rent shall xxxxx for the same period in the opinion proportion that the area of the Landlorduntenantable part bears to the total area of the Premises; provided, however, that if prior to the premises date when all the damage has been repaired part of the Premises so damaged are so substantially damaged as to render them untenantablerendered tenantable and shall be or could be used or occupied by or through Tenant, then the amount by which the rent shall cease until such time as the premises abates shall be made tenantable apportioned for the period from the date of such actual or available use or occupancy to the date when all the damage has been repaired as determined by the Landlord. However, if, in the opinion No compensation or reduction of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall be paid up or allowed by Landlord for interruption, inconvenience, annoyance, or injury to Tenant’s business arising from the time of such destruction and thenceforth this Lease shall come need to an end. However, repair the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant Premises or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursementBuilding.

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, ; in the opinion of the Landlord, the premises are so substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, ; in the opinion of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall be paid up to the time of such destruction and thenceforth this Lease shall come to an end. However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord; if Landlord fails to make the premises tenantable within six (6) months after such casualty, then Tenant may terminate this lease upon thirty (30) days written notice to Landlord. However, if, in the opinion of the Landlord, the premises are be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent shall be paid up to the time of such destruction and then and from thenceforth this Lease lease shall come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of 9. (a) If the demised premises or any part thereof shall be damaged by fire or other casualty, the Tenant shall give immediate notice thereof to Owner and this lease shall continue in full force and effect except as hereinafter set forth. (b) If the demised 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 Owner and the rent and other items of additional rent, until such repair shall be substantially completed, shall be apportioned from the day following the casualty according to the Landlordpart of the premises which is usable. (c) If the demised premises shall be partially are totally damaged or rendered wholly unusable by fire, the elements fire or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are so substantially damaged as to render them untenantable, then the rent shall cease until such time and other items of additional rent as the premises hereinafter expressly provided shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall be proportionately paid up to the time of such destruction the casualty and thenceforth this Lease shall come to an end. However, cease until the provisions of this clause shall not become effective or be applicable, if date when the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant premises shall have been insured against repaired and restored by Owner (or sooner re-occupied in part by Tenant then rent shall be apportioned as provided in subsection (b) above), subject to Owner's right to elect not to restore the same as hereinafter provided. (d) If the demised premises are rendered wholly unusable or (whether or not the demised premises are damaged in whole or in part) if the building shall be so damaged that Owner shall decide to demolish it or to rebuild it, then, in any of the risks herein coveredsuch events, then the proceeds of Owner may elect to terminate this lease by written notice to Tenant, given within 90 days after such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.fire or

Fire and Other Casualty. In case A. If the Premises shall be damaged by fire or other casualty other than as a result of the fault or negligence of Tenant, and such fire or other casualty is insured against by Landlord, and Landlord shall have received from such insurance sufficient proceeds to fully repair all of the damage caused by such fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicabledamage, but the provided that Landlord shall have no obligation to repair damage to or replace Tenant’s obligation to pay Personal Property or any other property located in the rent hereunder Premises, and the Lease shall not ceaseterminate. IfExcept as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, Rent shall xxxxx for the period from the date of the damage to the date the damage is repaired as determined by Landlord, and if only a part of the Premises are so rendered untenantable Rent shall xxxxx for the same period in the opinion proportion that the area of the Landlorduntenantable part bears to the total area of the Premises; provided, however, that if prior to the premises date when all the damage has been repaired part of the Premises so damaged are so substantially damaged as to render them untenantablerendered tenantable and shall be or could be used or occupied by or through Tenant, then the rent shall cease until such time as the premises amount by which Rent abates shall be made tenantable apportioned for the period from the date of such actual or available use or occupancy to the date when all the damage has been repaired as determined by the Landlord. However, if, in the opinion No compensation or reduction of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild, then the rent Rent shall be paid up or allowed by Landlord for inconvenience, annoyance, or injury to Tenant’s business arising from the time of such destruction and thenceforth this Lease shall come need to an end. However, repair the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant Premises or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursementBuilding.

Fire and Other Casualty. In case of fire or other casualtycasualty affecting the Demised Premises, the Tenant shall give immediate notice to Landlord or, in case of fire or other casualty affecting the LandlordProperty other than the Demised Premises, Tenant shall give immediate notice to Landlord upon Tenant obtaining knowledge of such fire or casualty. If the premises Demised Premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are Demised Premises is so extensively and substantially damaged as to render them untenantable, then the rent Rent shall cease until such time as the premises Demised Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are Demised Premises is totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent Rent shall be paid up to the time of such destruction and then and from thenceforth this Lease shall automatically and without notice come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent Rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord, of which Tenant is aware. If the premises Premises shall be partially damaged by fire, the elements or other casualtycasualty but, as reasonably determined and mutually agreed by Tenant and Landlord, the Premises are still fit for use, then the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not ceasecontinue unabated. If, in If the opinion of the Landlord, the premises are Premises be so extensively and substantially damaged as to render them untenantableunfit for use, as reasonably determined and mutually agreed by Tenant and Landlord, then the rent Rent shall cease until such time as the premises Premises shall be made tenantable by the Landlord. However, if, if in the good faith opinion of the Landlord, the premises are Premises be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent Rent shall be paid up to the time of such destruction and then and from thenceforth this Lease Agreement shall come to an end. HoweverIn no event, however, shall the provisions of this clause shall not become effective or be applicable, applicable if the fire or other casualty and damage shall be the result of the carelessness, negligence any acts or improper conduct omissions of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees assignees, successors, or successorsauthorized personnel. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed by the Tenant shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any and all of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, hereunder and such insurance carriers carrier shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of If the Premises shall be damaged by fire or other casualty, other than as a result of the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by firenegligence or misconduct of Tenant, the elements or other casualtyLease shall not terminate and, the upon adjustment of insurance claims, Landlord shall repair the same damage, provided that (a) Landlord shall have no obligation to repair damage to or replace Tenant's Personal Property, and (b) Landlord's obligation to repair any damage under this Section 16 shall be limited to repairs necessary to restore the Premises to its original Cold Dark Shell Condition. Except as speedily otherwise provided herein, if any part of the Premises are rendered untenantable by reason of any such damage, Rent shall xxxxx from the date of the damage to the date the damage is repaired, as practicabledetermined by Landlord, but in the proportion that the area of the untenantable part bears from time to time to the total area of the Premises. No compensation or reduction of Rent shall be paid or allowed for inconvenience, annoyance or injury to Tenant or Tenant’s 's business arising from any damage to or repair of the Premises or the Building. Notwithstanding the foregoing, if Landlord does not receive sufficient insurance proceeds to fully repair the damage (it being agreed that Landlord shall make a good faith effort to persuade any Mortgagee to make such insurance proceeds available for the restoration of such damage, which good faith effort shall not include any obligation on the part of Landlord to agree to any modification of the terms of the loan secured by the Mortgage or any obligation to pay any money to the rent hereunder Mortgagee or deposit any money into escrow, other than the amount of any deductible under Landlord's insurance policy), or if the Building shall be so damaged that, as determined by Landlord, substantial reconstruction of the Premises or the Building is required (whether or not cease. Ifthe Premises have been damaged), then Landlord, at its option, may give Tenant, within sixty (60) days after the casualty, written notice of termination of this Lease (the "Casualty Termination Notice"), and this Lease and the Term shall terminate (whether or not the Term has commenced) upon the expiration of thirty (30) days from the date of the Casualty Termination Notice, with the same effect as if the new expiration date had been the date initially fixed for expiration of the Term, and all Rent shall be apportioned as of such date; provided, however, that, in the opinion of event that Landlord elects to terminate this Lease pursuant to this Section 16, Tenant shall have the option to override the Casualty Termination Notice and fully repair the damage to the Building by giving written notice to Landlord, the premises are so substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises which notice shall be made tenantable by given, if at all, within ten (10) days following the Landlord. However, ifCasualty Termination Notice, in the opinion of the Landlord, the premises are so substantially damaged that the which event (a) Landlord decides not shall assign all insurance proceeds which Landlord actually receives with respect to rebuild, then the rent shall be paid up to the time of such destruction and thenceforth this Lease shall come to an end. However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty to Tenant, (b) Tenant shall promptly repair such damage, and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In (c) such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the repairs by Tenant shall be liable subject to Landlord's prior written approval in accordance with the Landlord for the damage and loss suffered by the Landlordprovisions of Section 8 hereof. If the Tenant shall have been insured against any of Premises or the risks herein covered, then the proceeds of such insurance Building shall be paid over damaged by fire or other casualty due to the negligence or misconduct of Tenant: (i) Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against obligation to repair the Premises or the Building, (ii) this Lease shall, at Landlord's option, not terminate, (iii) Landlord for reimbursementmay at Tenant's expense repair the damage, provided that Landlord shall apply all insurance proceeds which Landlord actually receives with respect to such damage toward the costs of such repairs, and (iv) Landlord may pursue any legal and equitable remedies available to it.

Fire and Other Casualty. 13th: In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, if in the opinion of the Landlord, the premises are be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent shall be paid up to the time of such destruction and then and from thenceforth this Lease lease shall come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent shall be paid up to the time of such destruction and then, and from thenceforth this Lease lease shall come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence negligence, or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the The rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.. 14th

Fire and Other Casualty. In case of fire or other casualty, the ----------------------- Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion option of the Landlord, the premises are be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, in the opinion option of the Landlord, the premises are be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent shall be paid up to the time of such destruction and then and from thenceforth this Lease lease shall come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of fire or other casualtycasualty affecting the Demised Premises, the Tenant shall give immediate notice to Landlord or, in case of fire or other casualty affecting the LandlordProperty other than the Demised Premises, Tenant shall give immediate notice to Landlord upon Tenant obtaining knowledge of such fire or casualty. If the premises Demised Premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are Demised Premises is so exten-sively and substantially damaged as to render them untenantable, then the rent Rent shall cease until such time as the premises Demised Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are Demised Premises is totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent Rent shall be paid up to the time of such destruction and then and from thenceforth this Lease shall automatically and without notice come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent Rent and the performance of all the covenantscov-enants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of If any Improvement or any Personal Property shall be damaged or destroyed by fire or other casualty, then, irrespective of the Tenant cause and whether or not such damage or destruction shall have been insured, Lessee shall give immediate prompt written notice thereof to Lessor, and Lessor shall proceed with reasonable diligence to carry out any necessary demolition and to restore, repair, replace and rebuild such Improvements or Personal Property at Lessor's own cost and expense. If, as a result of the actions of any Fee Mortgagee or otherwise, insurance proceeds are not made available to the LandlordLessor, and if the Lessor is unable after reasonable diligent efforts to secure and provide replacement funds, the Lessee shall have the right to terminate this Lease without further liability on the part of Lessee or Lessor unless the unavailability of such insurance proceeds is the result of Lessor's acts or omissions. If at any time Lessor shall fail or neglect to supply sufficient workmen or sufficient materials of proper quality, or fail in any other respect to prosecute such work of demolition, restoration, repair, replacement or rebuilding with diligence and promptness, then Lessee may give Lessor notice of such failure or neglect, and, if such failure or neglect continues for twenty (20) days after such notice, then Lessee, in addition to all other rights which Lessee may have, including, without limitation, the premises right to cancel and terminate this Lease, may enter upon the Demised Premises, provide labor and/or materials, cause the performance of any contract, and/or do such other acts and things as Lessee may deem advisable to prosecute such work. All costs and expenses incurred by Lessee in carrying out such work shall be partially damaged borne by fireLessor and shall be payable by Lessor to Lessee upon demand, which demand may be made by Lessee from time to time as such costs and expenses are incurred, in addition to any and all damages to which Lessee shall be entitled hereunder. Rent shall xxxxx hereunder as of the elements date of damage or other casualtydestruction in proportion to the percentage of the Demised Premises thereby rendered unusable (in Lessee's sole opinion). Lessor shall in such event look solely to proceeds of its insurance (including its loss of rents coverage. Any proceeds of loss of rents insurance received by Lessor by reason of such damage or destruction shall be applied by Lessor to the payment of Rent which would otherwise be due from Lessee under Paragraph 3 hereof, Impositions payable by Lessee under Paragraph 5 hereof and premiums for any insurance required to be maintained by Lessee hereunder. In the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation event rent insurance proceeds received by Lessor are insufficient to pay the same or for any reason such rent hereunder shall insurance proceeds are not cease. If, in the opinion of the Landlord, the premises are so substantially damaged as actually applied by Lessor to render them untenantable, then the rent shall cease until such time as the premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall be paid up to the time of such destruction and thenceforth this Lease shall come to an end. However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenantssuch amounts, conditions and terms hereof on the Tenant’s part to be performed Lessor shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall nevertheless have no recourse claim against the Landlord Lessee for reimbursementRental abated hereunder.

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises Premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not cease. If, in the opinion of the Landlord, the premises Premises are so substantially damaged as to render them untenantable, then the rent Rent shall cease until such time as the premises Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises Premises are so substantially damaged that the Landlord decides not to rebuild, then the rent Rent shall be paid up to the time of such destruction and thenceforth this Lease shall come to an end. However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent Rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case Tenant shall immediately notify Landlord of any fire or other casualty at the Premises. If the Premises is damaged by fire or other casualty, but not so as to render the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualtyPremises untenantable, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are Premises be so extensively and substantially damaged as to render them it untenantable, then the rent shall cease until such time as the premises Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then Landlord shall either: (a) notify Tenant that the Lease is terminated; or (b) notify Tenant that Landlord decides not intends to rebuildrebuild the Premises, then the in which case, rent shall be paid up to abated from the date of the fire or other casualty until issuance of a certificate of occupancy for the Premises, during which time of such destruction and thenceforth Tenant may terminate this Lease by written notice to Landlord. In no event however, shall come to an end. However, the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of results from the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, contractors, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over repair all damages caused to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursementPremises by vandalism or burglary.

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be Premises are partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall will not cease; PROVIDED, HOWEVER, that the Tenant is practicably able to continue using the Premises until said repairs are complete. If, in the reasonable opinion of the Landlord, the premises Premises, or any portion thereof, are so extensively and substantially damaged so as to render them same untenantable, then the payment of rent shall cease will be abated in proportion to the extent that Tenant is unable to use such damaged portion of the Premises for a business office or warehouse space, as the case may be, until such time as the premises shall be Premises are made tenantable by the Landlord. However, if, in the reasonable opinion of the Landlord, the premises Premises are totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding of same, then the rent shall will be paid up to the time of such destruction and thenceforth from that point forward this Lease shall come to an endbe terminated. HoweverIn no event, however, shall the provisions of this clause shall not preceding three (3) sentences become effective or be applicable, applicable if the fire or other casualty and damage shall be the are as a result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance Tenant's obligation to perform all of all the covenants, conditions and terms hereof on the Tenant’s part to be performed of this Lease shall continue and the Tenant shall will be liable to the Landlord for the damage and loss suffered by Landlord to the Landlordextent that Landlord is not covered under any insurance policy for such damage or loss. If the Tenant shall have been was insured against any of the risks herein coveredcovered herein, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall will have no recourse against the Tenant for reimbursement to the extent such provisions do not void or effect such coverage. If within one (1) year prior to the expiration of the Lease Term or the Renewal Term, as applicable, more than fifty (50%) percent of the Premises shall be damaged or destroyed by fire or other casualty of any kind or nature, foreseen or unforeseen, then Tenant or Landlord may terminate this Lease by providing written notice to the other party within thirty (30) days of any fire or other casualty. In the event of a fire or other casualty, the time for reimbursementsuch repairs or restoration shall not exceed one hundred fifty (150) days after such fire or other casualty. Rent and all other charges shall xxxxx from the date of such damage until such time as the Landlord has substantially restored or repaired the Premises and the Tenant can reasonably resume its business operations and the Premises shall have a Certificate of Occupancy. If the time for such repairs or restoration exceeds one hundred fifty (150) days, then in that event, Tenant shall have the right to terminate this Lease by providing sixty (60) days advance written notice to Landlord. PARAGRAPH 10TH - INSTALLATION OF ALTERATIONS/IMPROVEMENTS BY TENANT Tenant may make non-structural alterations, additions or improvements to the Premises that Tenant deems necessary or desirable. All such alterations, additions or improvements shall be in accordance with Paragraph 33rd of this Lease. Any structural alterations, additions or improvements shall be made only with Landlord's prior written consent. Said alterations are to be performed by Tenant at Tenant's expense. Notwithstanding subparagraph 33(g) below, if Landlord requires Tenant to do so, Tenant shall restore the Premises to the condition existing prior to such alterations, additions or improvements, reasonable wear and tear excepted. Should Tenant wish to have Landlord waive such restoration requirement with respect to any specific alteration, addition or improvement, Tenant shall request, in writing, Landlord's waiver prior to performing any such alteration, addition or improvement, which waiver may be withheld in Landlord's sole discretion. Notwithstanding anything contained to the contrary herein, Landlord shall not unreasonably withhold, delay or condition its consent for any alterations proposed and done by Tenant. Landlord consents to the alterations and improvements set forth in the Landlord/Tenant Work Letter attached to this Lease as Exhibit "C" as well as the initial construction of a large conference room within the Premises, and Landlord waives such restoration requirement with respect to such work. PARAGRAPH 11TH - INSPECTION AND REPAIR The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, shall have the right to enter into and upon the Premises or any part thereof, at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. The preceding sentence shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make such inspection or repairs, and no liability shall arise from the failure of Landlord to inspect. Except in the case of emergencies, the Landlord shall provide the Tenant with forty eight (48) hours prior notice, during reasonable business hours of the Tenant, of said inspection or repairs. Said inspection or repairs shall not unreasonably interfere with Tenant's business operations.

Fire and Other Casualty. In case of If there is a fire or other casualty, the Tenant shall will give immediate notice to the Landlord. If the premises shall be Premises are partially damaged by fire, the elements or other casualty, the Landlord shall will repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall will not cease. If, in the opinion of the Landlordlandlord, the premises Premises are so substantially damaged as to render them untenantable, then the rent shall will cease until such time as the premises shall be Premises are made tenantable tenant able by the Landlord. HoweverIf, ifhowever, in the opinion of the Landlord, the premises Premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall will be paid up to the time of such destruction and thenceforth this Lease shall come will terminate as of the date of such destruction. The rent, and any additional rent, will be apportioned as of the termination date, and any rent paid for any period beyond that date will be repaid to an endthe Tenant. However, the preceding provisions of this clause shall Paragraph 15 will not become effective or be applicable, applicable if the fire or other casualty and damage shall be are the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall will continue and the Tenant shall will be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been is insured against any of the risks herein covered, then the proceeds of such insurance shall will be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall will have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case A. If the Premises shall be damaged by fire or other casualty other than as a result of the fault or negligence of Tenant, and such fire or other casualty is insured against by Landlord, and Landlord shall have received from such insurance sufficient proceeds to fully repair all of the damage caused by such fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicabledamage, but the Tenant’s provided that Landlord shall have no obligation to pay repair damage to or replace Tenant's Personal Property or any other property located in the rent hereunder Premises, and the Lease shall not ceaseterminate. IfExcept as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, Rent shall xxxxx for the period from the date of the damage to the date the damage is repaired as determined by Landlord, and if only a part of the Premises are so rendered untenantable Rent shall xxxxx for the same period in the opinion proportion that the area of the Landlorduntenantable part bears to the total area of the Premises; provided, however, that if prior to the premises date when all the damage has been repaired part of the Premises so damaged are so substantially damaged as to render them untenantablerendered tenantable and shall be or could be used or occupied by or through Tenant, then the rent shall cease until such time as the premises amount by which Rent abates shall be made tenantable apportioned for the period from the date of such actual or available use or occupancy to the date when all the damage has been repaired as determined by the Landlord. However, if, in the opinion No compensation or reduction of the Landlord, the premises are so substantially damaged that the Landlord decides not to rebuild, then the rent Rent shall be paid up or allowed by Landlord for inconvenience, annoyance, or injury to Tenant's business arising from the time of such destruction and thenceforth this Lease shall come need to an end. However, repair the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant Premises or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursementBuilding.

Fire and Other Casualty. In case If, during the term of this Lease, the said Leased Premises shall be so damaged by fire or other casualty, not arising from the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements fault or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. If, in the opinion negligence of the LandlordLessee or those in his employ, that the premises are so substantially damaged as to render them untenantablesaid Leased Premises shall thereby be rendered unfit for use or occupancy, then the rent shall cease until such time as herein reserved, or a just and proportionate share thereof, according to the premises nature and extent of the damage which has been sustained, shall be made tenantable by abated until said Leased Premises shall have been duly repaired and restored. If damage shall not be substantial, Lessor shall proceed to repair the Landlordsame with reasonable diligence. However, if, in In case the opinion Leased Premises or any part of the Landlordbuilding of which the same are a part shall be substantially damaged, Lessor shall have the right to either repair or restore the Leased Premises and either Lessee or Lessor may cancel this Lease and end the term thereof, and in case of such cancellation, the premises are so substantially damaged that rent and any other monies due and owing to the Landlord decides not to rebuild, then the rent Lessor shall be paid up by the Lessee to the time date Lessee vacates said Leased Premises, and all further obligations upon the part of such destruction either party hereto shall cease and thenceforth this Lease the estate hereby created shall come thereupon terminate, except that the Lessor shall repay to an endLessee the security deposit, less any proper charges paid therefrom. However, the provisions For purposes of this clause shall not become effective or be applicable, if the fire or other casualty and damage Section Substantial Damage shall be the result defined as damage equal to more than thirty percent (30%) of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursementreplacement cost.

Fire and Other Casualty. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises Leased Premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are Leased Premises be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises Leased Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are Leased Premises be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent shall be paid up to the time of such destruction and then and from thenceforth this Lease lease shall come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s 's part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of fire or other casualtycasualty affecting the Demised Premises and/or the Property, the Tenant shall give immediate notice to the Landlord. If the premises Demised Premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent Rent hereunder shall not cease. If, in the opinion of the Landlord, the premises are Demised Premises be so extensively and substantially damaged as to render them then untenantable, then the rent Rent shall cease until such time as the premises Demised Premises shall be made tenantable by the Landlord. However, if, in the opinion of the Landlord, the premises are Demised Premises be totally destroyed or so extensively and substantially damaged that the Landlord decides not as to rebuildrequire practically a rebuilding thereof, then the rent Rent shall be paid up to the time of such destruction and then and from thenceforth this Lease shall automatically and without notice come to an end. HoweverIn no event however, shall the provisions of this clause shall not become effective or be applicable, if the fire or other casualty and damage shall be the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent Rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.

Fire and Other Casualty. In case of If there is a fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be Premises are partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s 's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises Premises are so substantially damaged as to render them untenantable, then the rent shall cease until such time as the premises shall be Premises are made tenantable by the Landlord. HoweverIf, ifhowever, in the opinion of the Landlord, the premises Premises are so substantially damaged that the Landlord decides not to rebuild, then the rent shall be paid up to the time of such destruction and thenceforth this Lease shall come terminate as of the date of such destruction. The rent and any additional rent shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to an endTenant. However, the preceding provisions of this clause Paragraph 15 shall not become effective or be applicable, applicable if the fire or other casualty and damage shall be are the result of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s 's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been is insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s 's costs and expenses to make the repairs hereunder, and such insurance carriers shall have no recourse against the Landlord for reimbursement.