Common use of FIRE OR CASUALTY DAMAGE Clause in Contracts

FIRE OR CASUALTY DAMAGE. If Premises is damaged or destroyed by fire or casualty to an extent that Tenant’s enjoyment of Premises is substantially impaired or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. If In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises is are damaged or destroyed by fire or casualty to an extent that Tenant’s RESIDENT's enjoyment of Premises the Apartment is substantially impaired or that required repairs can only be accomplished if Tenant RESIDENT vacates Premisesthe Apartment, either Tenant RESIDENT or Landlord OWNER may terminate this Rental AgreementLease. Tenant RESIDENT may so terminate this Rental Agreement Lease by vacating Premises and the Apartment and, within 14 days thereafter, serving Landlord serve on OWNER a written notice of his RESIDENT’s intention to terminateterminate this Lease, in which case this Rental Agreement will terminate Lease terminates as of the date of vacating. If ; or if continued occupancy is lawful there lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be a reasonable liable for the total rent reduction for such time until Premises is restored during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to the condition prior to fire or casualty; and, in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving Tenant 30 RESIDENT 45 days’ ' notice of OWNER’s intention to terminate this Lease based upon Landlord’s OWNER's determination that such damage requires the removal of Tenant RESIDENT and the use of Premises the Apartment is substantially impaired, in which case this Rental Agreement will terminate Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Rental Agreement Lease is terminated, Landlord OWNER shall return all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement Lease and prepaid rent, plus accrued interest interest, recoverable by law, law unless Landlord OWNER reasonably believes that TenantRESIDENT, RESIDENT's guests, invitees or Tenant’s guests authorized occupants were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord OWNER shall account to Tenant RESIDENT for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. If the Premises during the term of this Lease is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of the damaged portion bears to the whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that the Premises by Tenant’s enjoyment willful or negligent acts, or those of Premises is substantially impaired Tenant’s family, agents, guests or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possessioninvitees, Tenant shall remain liable for all amounts owed under this Lease as if no fire or damage had occurred, and in addition, shall be allowed a like reduction until possession of fully liable for all amounts paid by Owner to cause the Premises is restored to Tenant. be repaired or restored, including any insurance deductible paid by Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant or Owner and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return including all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related other costs, in which case expenses or fees, including reasonable attorney fees, paid or incurred by Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. If In the event of damage or destruction of the Demised Premises is damaged or destroyed a portion thereof by fire or any other casualty not due to an extent that the negligent acts or omissions of Tenant’s enjoyment , its agents, employees, invitees or visitors, then, except as otherwise provided in Section 9.3, this Lease shall not be terminated, but structural damage to the Demised Premises, including demising partitions and doors, shall be promptly and fully repaired and restored as the case may be by Landlord at its own cost and expense. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of Premises is substantially impaired insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the control of Landlord. Restoration by Landlord shall not include replacement of Tenant's Property or that required repairs can only be accomplished if Tenant vacates Premisesportion of the Leasehold Improvements provided by Landlord as of the Commencement Date above the building standard items as of the Commencement Date. If the items which Landlord provides as building standard items have changed since the Commencement Date, either Tenant or then, at Landlord's election, such restoration shall not include restoration of Leasehold Improvements in excess of those provided by Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as building standard as of the date of vacatingsuch restoration. If continued occupancy is lawful there Tenant shall, at its expense, repair, restore and replace Tenant's Property and all elements of the Demised Premises excluded from the scope of Landlord's duty to restore pursuant to this Section 9.2. Tenant's restoration, replacement and repair work shall be a reasonable rent reduction for comply with Section 6 hereof and Tenant shall maintain adequate insurance on all such time until Premises is restored replacements, restoration and property pursuant to Section 8.5. In the event of fire or casualty damage to the condition prior to fire Demised Premises caused by the fault, act or casualty; andomission or neglect of Tenant, in case of such deprivation of possessionits agents, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impairedemployees, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminatedinvitees or visitors, Landlord may, but shall return not be obligated to, restore all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were the cause any portion of the damage described herein (which may or casualty, may not include the Demised Premises). It is agreed that in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as any of the date of the casualtyaforesaid events, this Lease shall continue in full force and effect.

FIRE OR CASUALTY DAMAGE. In case of damage to the Premises or the building of which the Premises are a part by fire, or other casualty as is insurable under present or future standard forms of fire and extended coverage insurance policies, Landlord, unless it shall otherwise elect as hereinafter provided, shall repair the same with reasonable dispatch after written notice of damage. If Premises is the Premises, or any part thereof, are damaged by fire, enemy action, or destroyed other casualty to such an extent as to be rendered untenantable, but are, nevertheless, repaired by fire or casualty Landlord, then the rent shall be abated to an extent that corresponding with the time during which and the extent to which said Premises may have been untenantable. If such repairs,, however, are delayed because of Tenant’s enjoyment of Premises is substantially impaired or that required 's failure to adjust Tenant's own insurance claim, no reduction shall be made beyond a reasonable time allowed for such adjustment. If such repairs can only shall be accomplished if Tenant vacates Premisesreasonably estimated to take more than ninety (90) days to accomplish, either Tenant or and Landlord may has determined not to terminate this Rental Agreement. lease as hereinafter set forth, then Landlord shall promptly notify Tenant may of the actual estimated time of repair and Tenant shall have the option, exercisable within ten (10) days of receipt of Landlord's repair time estimate to terminate this Rental Agreement Lease by vacating Premises notice to Landlord, and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate the rent shall be adjusted as of the time of the occurrence of any such fire, enemy actions, or other casualty. If the Landlord in its exclusive discretion, shall decide, within a reasonable time after the occurrence of any such fire, enemy action, or other casualty, to demolish, rebuild or reconstruct the building, then, upon at least thirty (30) days written notice given by Landlord to Tenant, this lease shall terminate on a .date to be specified in such notice as if that date had been originally fixed as the expiration date of vacating. If continued occupancy is lawful there the Lease Term, and the rent shall be a reasonable rent reduction for adjusted as of the time of the occurrence of any such time until Premises is restored fire, enemy action, or other casualty. Tenant shall give immediate notice to the condition prior to fire or casualty; and, Landlord in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, fire or Tenant’s guests were the cause of the damage other casualty or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination accidents to or apportionment defect in any fixtures or equipment of the building. Landlord, for itself and its insurers, hereby releases Tenant with respect to any liability (including that deriving from the fault or neglect of Tenant, assignees, sub-tenants, its agents, employees or other persons under its or their direction or control) which Tenant might otherwise have for any damage to the building or the Premises by fire, explosion, or any other perils covered by Landlord's insurance, occurring during the Lease Term. Whenever Landlord elects to insure the Premises or the building against fire or other casualty with an insurance company selected by Landlord, Landlord shall cause all policies evidencing such insurance to include a provision permitting such release of liability if such a provision is obtainable from such insurer at no additional expense to Landlord. If such insurer will not include such a provision in said policy, or if the inclusion of such provision in such policy would ,involve an additional expense for Landlord, Landlord shall so advise Tenant within a reasonable time. Where such a provision is obtainable from such insurer and Tenant notifies Landlord in writing within a reasonable time thereafter the Tenant desires Landlord to cause such a provision to be made included in such policy at the expense of Tenant, Landlord shall cause such a provision to be included, and Xxxxxx agrees to pay promptly all expenses incurred by Landlord as a result of such inclusion. In case Landlord shall fail to complete such repairs within ninety (90) days from the date of such damage, the casualtyTenant may at any time after such ninety (90) day period give Landlord thirty (30) days notice in writing of termination of this lease, then at the expiration of such thirty day period, this lease shall terminate as completely as if that were the date fixed for expiration of the term of this lease unless, Landlord shall have substantially completed repairs prior to the expiration of such thirty day period.

FIRE OR CASUALTY DAMAGE. If Premises is the Leased Space therein shall be partially damaged or destroyed by fire or casualty other casualty, the damages shall, within a reasonable time thereafter, be repaired by and at the expense of Sub-Lessor. Such repair shall be made promptly except that no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Sub-Lessor and/or Sub-Lessee, and for causes beyond Sub-Lessor’s control. If the Leased Space are totally damaged or are rendered wholly untenantable by fire or other casualty, the basic rent due under Section 3 hereof shall axxxx until restoration or rebuilding. Sub-Lessor shall, subject to an extent the terms hereof, within a reasonable time, restore or rebuild same to its condition existing prior to the casualty; provided, however, that TenantSub-Lessor’s enjoyment obligation to repair and restore the Leased Space shall be limited to the insurance proceeds made available to Sub-Lessor as a result of Premises is substantially impaired such casualty, and Sub-Lessee shall pay for any amounts incurred by Sub-Lessor in excess of such insurance proceeds including the amount of deductible not covered by insurance; provided further, however, that, if the Leased Space are totally damaged or that required repairs can only be accomplished if Tenant vacates Premisesrendered wholly untenantable by fire or other casualty, either Tenant or Landlord may then Sub-Lessor shall have the right and option to terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and Lease within 14 30 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there such casualty by giving written notice to Sub-Lessee, and any basic rents paid pursuant to Section 3 hereof or other payments which may be due Sub-Lessor under this Lease shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate prorated as of the expiration effective date of the notice period. If this Rental Agreement is terminated, Landlord shall return all security deposits in accordance with paragraph 4 such termination and 5 any advance payments on account of this Rental Agreement and prepaid rent, plus accrued interest recoverable such basic rents received by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment Sub-Lessor from Sub-Lessee shall be made as of the date of the casualtyproportionately refunded to Sub-Lessee.

FIRE OR CASUALTY DAMAGE. 8.1 If the Premises or any portion of the Project is damaged or destroyed by fire or casualty other cause (the “Occurrence”) without the negligence or willful act of Tenant or its partners, trustees, officers, directors, shareholders, members, beneficiaries, licensees, invitees, or any subtenants or subtenants’ agents, employees, contractors, or invitees, servants, guests, or independent contractors (collectively, “Tenant Persons”), Landlord shall diligently, and as soon as practicable after the Casualty Notification Date (as hereinafter defined), repair the damage; provided, however, that Landlord may elect not to an rebuild or restore the Premises or any portion of the Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within ninety (90) days after the date on which Landlord has been notified of the full extent and nature of such damages (the “Casualty Notification Date”), such notice to include a lease termination date and a date for Tenant to vacate the Premises. Landlord may so elect to terminate this Lease only if the Project shall be damaged by fire or other cause, whether or not the Premises are affected, and one or more of the following conditions is present: (i) repairs cannot reasonably be completed within two hundred (200) days after the Occurrence; (ii) the Occurrence occurs during the last two (2) Lease Years (irrespective of any option to renew this Lease); (iii) the holder of any mortgage/deed of trust on the Building or ground lessor with respect to the Project shall require that the insurance proceeds or any portion thereof be used to retire all or a portion of the mortgage/deed of trust debt, or shall terminate the ground lease, as the case may be; (iv) Landlord’s insurer has not agreed that the damage is fully covered, except for deductible amounts, by Landlord’s insurance policies; or (v) in Landlord’s sole discretion, twenty percent (20%) or more of the rentable floor area of the Project is unusable, unmarketable, damaged or destroyed. If Landlord terminates this Lease, the Base Rent and Tenant’s enjoyment Proportionate Share of Premises is substantially impaired or that required repairs can only increases in Operating Costs (collectively, “Periodic Rent”) shall be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises apportioned and within 14 days thereafter, serving Landlord a written notice of his intention paid to terminate, in which case this Rental Agreement will terminate as of the date of vacatingtermination (subject to abatement as provided below). If continued occupancy is lawful there To the extent Landlord undertakes the repair or restoration of the Building, such repair or restoration by Landlord shall be a reasonable rent reduction for such time until to substantially the same condition of the base, shell, and core of the Premises is restored and Common Areas prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws or by the holder of a mortgage/deed of trust on the Building, or the lessor of a ground or underlying lease with respect to the Project or portion thereof, or any other modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of the Project, provided access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 9.1 of this Lease, and Landlord shall repair any injury or damage to the tenant improvements installed in the Premises and shall return such tenant improvements to their condition prior to fire or casualtythe Occurrence; and, in case provided that if the cost of such deprivation repair by Landlord exceeds the amount of possessioninsurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s repair of the damage. In connection with such repairs and replacements, Tenant shall be allowed a like reduction until possession shall, prior to the commencement of Premises is restored construction, submit to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord, for Landlord’s determination that such damage requires the removal of Tenant review and use of Premises is substantially impairedapproval, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminatedall plans, specifications and working drawings relating thereto, and Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were select the cause of the damage or casualty, in addition contractors to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyperform such improvement work.

FIRE OR CASUALTY DAMAGE. If the Premises, during the term of this Lease, is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of the damaged portion bears to the whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Regardless of the extent of damage to the Premises or any portion of the Premises, Owner may also upon written notice immediately terminate this Lease, if in Owner’s sole and absolute discretion, any repairs necessitated by any event would be either impractical or dangerous, if Xxxxxx continued to occupy the Premises. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that the Premises by Tenant’s enjoyment willful or negligent acts, or those of Premises is substantially impaired Tenant’s family, agents, guests or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possessioninvitees, Tenant shall remain liable for all amounts owed under this Lease as if no fire or damage had occurred, and in addition, shall be allowed a like reduction until possession of fully liable for all amounts paid by Owner to cause the Premises is restored to Tenant. be repaired or restored, including any insurance deductible paid by Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant or Owner and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return including all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related other costs, in which case expenses or fees, including reasonable attorney fees, paid or incurred by Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. In case of damage to the Premises or the building of which the Premises are a part by fire, or other casualty as is insurable under present or future standard forms of fire and extended coverage insurance policies, Landlord, unless it shall otherwise elect as hereinafter provided, shall repair the same with reasonable dispatch after written notice of damage. If Premises is the Premises, or any part thereof, are damaged by fire, enemy action, or destroyed other casualty to such an extent as to be rendered untenantable, but are, nevertheless, repaired by fire or casualty Landlord, then the rent shall be abated to an extent that corresponding with the time during which and the extent to which said Premises may have been untenantable. If such repairs, however, are delayed because of Tenant’s enjoyment failure to adjust Tenant’s own insurance claim, no reduction shall be made beyond a reasonable time allowed for such adjustment. If the Landlord in its exclusive discretion, shall decide, within a reasonable time after the occurrence of Premises is substantially impaired any such fire, enemy action, or that required repairs can only be accomplished if Tenant vacates Premisesother casualty, either Tenant to demolish, rebuild or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 reconstruct the building, then, upon at least thirty (30) days thereafter, serving Landlord a written notice given by Landlord to Tenant, this lease shall terminate on a date to be specified in such notice as if that date had been originally fixed as the expiration date of his intention to terminatethe Lease Term, in which case this Rental Agreement will terminate and the rent shall be adjusted as of the date time of vacatingthe occurrence of any such fire, enemy action, or other casualty. If continued occupancy is lawful there Tenant shall be a reasonable rent reduction for such time until Premises is restored give immediate notice to the condition prior to fire or casualty; and, Landlord in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, fire or Tenant’s guests were the cause of the damage other casualty or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination accidents to or apportionment defect in any fixtures or equipment of the building. Landlord, for itself and its insurers, hereby releases Tenant with respect to any liability (including that deriving from the fault or neglect of Tenant, assignees, sub-tenants, its agents, employees or other persons under its or their direction or control) which Tenant might otherwise have for any damage to the building or the Premises by fire, explosion, or any other perils covered by Landlord’s insurance, occurring during the Lease Term. Whenever Landlord elects to insure the Premises or the building against fire or other casualty with an insurance company selected by Landlord, Landlord shall cause all policies evidencing such insurance to include a provision permitting such release of liability if such a provision is obtainable from such insurer at no additional expense to Landlord. If such insurer will not include such a provision in said policy, or if the inclusion of such provision in such policy would involve an additional expense for Landlord, Landlord shall so advise Tenant within a reasonable time. Where such a provision is obtainable from such insurer and Tenant notifies Landlord in writing within a reasonable time thereafter the Tenant desires Landlord to cause such a provision to be made included in such policy at the expense of Tenant, Landlord shall cause such a provision to be included, and Tenant agrees to pay promptly all expenses incurred by Landlord as a result of such inclusion. In case Landlord shall fail to complete such repairs within ninety (90) days from the date of such damage, the casualtyTenant may at any time after such ninety (90) day period give Landlord thirty (30) days notice in writing of termination of this lease, then at the expiration of such thirty day period, this lease shall terminate as completely as if that were the date fixed for expiration of the term of this lease unless, Landlord shall have substantially completed repairs prior to the expiration of such thirty day period.

FIRE OR CASUALTY DAMAGE. 8.1 If the Premises or any portion of the Project is damaged or destroyed by fire or casualty to an extent that Tenant’s enjoyment of Premises is substantially impaired or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of other cause (the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated“Occurrence”), Landlord shall return all security deposits in accordance with paragraph 4 diligently, and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless as soon as reasonably practicable after the date upon which Landlord reasonably believes that Tenant, or Tenant’s guests were the cause is notified of the Occurrence (the “Casualty Notification Date”), repair the damage; provided, however, that, subject to the sentence that immediately follows, Landlord may elect not to rebuild or restore the Premises or any portion of the Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within sixty (60) days after the date on which Landlord has received the Completeness Estimate (defined below), such notice to include a lease termination date and a date for Tenant to vacate the Premises. Following an Occurrence that causes material damage to the Premises or casualtythe Project, in addition to paying for repair of all damages and related costsLandlord shall, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as within 60 days of the date of the Occurrence, cause an architect or general contractor of reasonable qualification and experience to provide Landlord with a written estimate of the amount of time required to substantially complete the repair and restoration of the Project and make the Project tenantable again (including by describing the percentage of the Rentable Square Footage of the Project affected by the Occurrence), using standard working methods (the “Completeness Estimate”), and shall notify Tenant of the Completeness Estimate. Notwithstanding anything in this Lease to the contrary, Landlord may elect to terminate this Lease only if the Project shall be damaged by fire or other cause, whether or not the Premises are affected, if Landlord terminates all leases of similarly-situated tenants (and not as a subterfuge to void this Lease) within such 60 day period, and one or more of the following conditions is present: (i) the Completeness Estimate states that repairs cannot reasonably be completed within one hundred eighty (180) days after the Casualty Notification Date; (ii) the Occurrence occurs during the last year of the Term (irrespective of any option to renew this Lease, unless Tenant has exercised such option in accordance with the terms of this Lease or Tenant exercises such option in accordance with the terms of this Lease within ten (10) days after receipt of Landlord’s notice); (iii) subject to Section 20 below and Tenant’s termination right as provided later in this Section 8.1, the holder of any mortgage/deed of trust on the Building with respect to the Project shall require that a material portion of the insurance proceeds be applied towards retiring the mortgage/deed of trust debt; (iv) subject to Tenant’s termination right as provided later in this Section 8.1, a material portion of the damage is not insured by Landlord’s insurance policies; (v) pursuant to the Completeness Estimate, thirty-three percent (33%) or more of the Rentable Square Footage of the Project is unusable, unmarketable, damaged or destroyed; or (vi) Landlord is prohibited from restoring the Building for office purposes under Applicable Law. If Landlord terminates this Lease, the Base Rent, Tenant’s Proportionate Share of increases in Operating Costs and Tenant’s recurring charges for use of the Building’s parking facilities (collectively, “Periodic Rent”) shall be apportioned and paid to the date of termination (subject to abatement as provided below). To the extent Landlord undertakes the repair or restoration of the Project, such repair or restoration by Landlord shall be to substantially the same condition of the base, shell, and core of the Premises and Common Areas prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws or any other modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of Comparable Buildings, provided that Landlord shall use reasonable efforts to minimize impairment with any access to the Premises and any Common Areas. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, if any insurance proceeds are payable to Tenant pursuant to Tenant’s insurance required under Section 9.1 of this Lease for items that do not belong to Tenant but instead are part of the Project (any Alterations shall be deemed part of the Project for such purposes) and Landlord has not terminated this Lease in accordance with the terms herein, Tenant shall, so Landlord can perform repairs in accordance with the terms herein, assign to Landlord (or to any party designated by Landlord) all such insurance proceeds payable to Tenant, and Landlord shall use the same to repair any injury or damage to such portions of the Project and shall return such portions of the Project to their condition prior to the Occurrence; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Landlord’s insurance carrier (if any, it being acknowledged that Landlord has no obligation whatsoever to carry any insurance with respect to such items) or Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall, subject to Tenant’s approval of the budget therefor (which approval shall not be unreasonably withheld), be paid by Tenant to Landlord prior to Landlord’s repair of the damage. In connection with any repairs and replacements to the Premises to be made by Tenant, Tenant shall, prior to the commencement of construction, submit to Landlord, for Landlord’s review and reasonable approval, all plans, specifications and working drawings relating thereto, and Landlord shall reasonably select the contractors to perform such improvement work. If the Completeness Estimate states that repairs cannot be completed within one hundred eighty (180) days after the Casualty Notification Date (or within 90 days after the Casualty Notification Date if the Occurrence takes place during the last year of the Term), or if any event addressed in Sections 8.1(iii) or (iv) above occurs and, as a result, Landlord will be unable to complete the applicable repairs within one hundred eighty (180) days after the Casualty Notification Date (or within 90 days after the Casualty Notification Date if the Occurrence takes place during the last year of the Term), Landlord shall notify Tenant of the same. In any such event, Tenant shall have the right, upon written notice delivered to Landlord no later than ten (10) business days after Tenant receives the Completeness Estimate, to terminate this Lease. Tenant’s failure to so terminate this Lease within such ten (10) business day period shall be deemed Tenant’s election not to terminate this Lease with respect to such Occurrence.

FIRE OR CASUALTY DAMAGE. If the Premises, during the term of this Lease, is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of the damaged portion bears to the whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that the Premises by Tenant’s enjoyment willful or negligent acts, or those of Premises is substantially impaired Tenant’s family, agents, guests or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possessioninvitees, Tenant shall remain liable for all amounts owed under this Lease as if no fire or damage had occurred, and in addition, shall be allowed a like reduction until possession of fully liable for all amounts paid by Owner to cause the Premises is restored to Tenant. be repaired or restored, including any insurance deductible paid by Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant or Owner and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return including all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related other costs, in which case expenses or fees, including reasonable attorney fees, paid or incurred by Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. If Premises If, during the rental period, the building is so damaged or destroyed by fire or casualty to an extent natural disaster, without fault or negligence of the tenant(s), such that Tenant’s enjoyment of Premises it is substantially impaired or that required repairs can only rendered wholly unfit for occupancy and cannot be accomplished if Tenant vacates Premisesrepaired within forty eight hours, either Tenant or Landlord may terminate then this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will lease shall terminate as of the date of vacatingsuch casualty, and tenant(s) shall pay the rent apportioned to the time of the casualty. If continued occupancy is lawful there such injury or casualty can be repaired within forty-eight hours thereafter, the agent may enter and repair, and this lease shall not be affected, except that the rent shall be suspended during repairs. Evacuation: In the unlikely event that the State or local authorities order a reasonable rent reduction for such time until Premises is restored to mandatory evacuation of an area that includes the condition prior to fire or casualty; and, in case of such deprivation of possessionPremises, Tenant shall comply with the order. Upon compliance, Tenant will be allowed entitled to a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impairedcredit on a future stay, in which case this Rental Agreement will terminate as but not a refund, of the expiration prorated rent for each night that Tenant is unable to occupy the Premises because of the notice periodorder. If this Rental Agreement is terminatedIndemnity, Landlord shall return all security deposits Right of Entry, and Assignment: The owners and/or their agent will not be liable for damages to property, theft, or injuries resulting from any accident that may occur in accordance with paragraph 4 or on the premises during guest occupancy. Tenant agrees to indemnify and 5 hold harmless Agent and the Owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of this Rental Agreement and prepaid rent, plus accrued interest recoverable by lawany cause, unless Landlord reasonably believes caused by the negligent or willful act of agent or the Owner. Owner reserves the right to refuse occupancy to anyone deemed detrimental to the premises or to immediately discontinue occupancy at any time if it is judged that Tenantcontinued occupancy would be detrimental to the premises. Tenant agrees the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, improvements or alterations thereto as Owner may deem appropriate, or Tenant’s guests were to show the cause Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of the damage or casualtySea Breeze Florida LLC. Disclaimer Of Warranties. TENANT(S) UNDERSTANDS AND AGREES THAT THERE ARE NO FURTHER, in addition OTHER OR ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, HEREUNDER OR AS A RESULT THEREOF, THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF LEASE AGREEMENT AND ARE NOT EXPRESSLY STATED HEREIN. Financial notices: 30% of total amount due is due within 30 (thirty) days of reservation request, along with applicable security deposit, to paying for repair SBF. The balance of all fees will be required before occupancy. Payment may be made by Visa, MasterCard, personal check (drawn on U.S. bank only and presented 14 days in advance of departure), certified check, cash or money order. Security Deposits: A security deposit of 10% of rental or one hundred ($500) whichever is greater is required to confirm a reservation. Security deposits earn no interest for the tenant and are not time-deposits. Security deposits will be mailed to guest within 10 days of check-out by check. Written notice will be made if damages and related costs, in which case Landlord shall account to Tenant for are charged against the security deposit refund. Charges may include additional cleaning fees due to excessive misuse of the premises, damage to the premises, or missing items from the premises. If charges exceed security deposit and prepaid rentowners seek legal remedy, plus accrued interest based tenant/guest will pay all collection costs and attorney fees. Cancellations: Cancellations must be made in writing and delivered by fax, E-mail or regular mail. You will receive a response within 24 hours from SBF upon receipt. If notice is given at least 60 days prior to scheduled arrival, the damage or casualtydeposit and any rental payments made will be refunded, less 10%. Accounting for rent in the event Cancellations occurring less than 60 days of termination or apportionment arrival date shall be made as subject to forfeiture of deposit, unless we are able to rent the date property to another party for the reserved period at an equivalent rate. Early departures will result in forfeiture of the casualtyrental balance.

FIRE OR CASUALTY DAMAGE. If Premises is damaged or destroyed by fire or casualty to an extent that TenantXxxxxx’s enjoyment of Premises is substantially impaired or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 14 days’ notice of intention to terminate based upon LandlordXxxxxxxx’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return all security deposits in accordance with paragraph 4 7 and 5 8 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or TenantXxxxxx’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. If Premises is damaged or destroyed by fire or casualty to an extent that Tenant’s enjoyment of Premises is substantially impaired or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 45 days’ notice of intention to terminate based upon Landlord’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return all security deposits in accordance with paragraph 4 and 5 paragraph 20 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. If Premises is damaged or destroyed by fire or casualty to an extent that TenantXxxxxx’s enjoyment of Premises is substantially impaired or that required repairs can only be accomplished if Tenant vacates Premises, either Tenant or Landlord may terminate this Rental Agreement. Tenant may terminate this Rental Agreement by vacating Premises and within 14 days thereafter, serving Landlord a written notice of his intention to terminate, in which case this Rental Agreement will terminate as of the date of vacating. If continued occupancy is lawful there shall be a reasonable rent reduction for such time until Premises is restored to the condition prior to fire or casualty; and, in case of such deprivation of possession, Tenant shall be allowed a like reduction until possession of Premises is restored to Tenant. Landlord may terminate this Rental Agreement by giving Tenant 30 days’ notice of intention to terminate based upon LandlordXxxxxxxx’s determination that such damage requires the removal of Tenant and use of Premises is substantially impaired, in which case this Rental Agreement will terminate as of the expiration of the notice period. If this Rental Agreement is terminated, Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Rental Agreement and prepaid rent, plus accrued interest recoverable by law, unless Landlord reasonably believes that Tenant, or TenantXxxxxx’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case Landlord shall account to Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.