Common use of FIRE OR CASUALTY Clause in Contracts

FIRE OR CASUALTY. If the Leased Premises or Building are damaged by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If In the event the Leased Premises are wholly or Building are partially destroyed by fire or other casualty covered by the usual form of fire and extended coverage insurance rendering them untenantable, Landlord shall, except as otherwise provided in the last sentence of this paragraph, rebuild, repair, or restore the Leased Premises to substantially the same condition as when the same were furnished to Tenant, and the Lease shall remain in effect during such period. Tenant shall bear the cost of any moving expenses incurred in moving its property and fixtures as a result of any casualty. In the event of total destruction, gross rent shall xxxxx during the period of reconstruction, and in the event of partial destruction, such rent shall xxxxx pro rata during the period of reconstruction. In the event, however, that the building containing the Leased Premises is damaged or destroyed to the extent of more than one-third of its replacement cost, Landlord may elect to terminate this Lease by notice to Tenant within sixty (60) days of the casualty. If thirty-three percent (33%) or more of the square footage of the Leased Premises is damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions shall provide Tenant with written notice of the Leased Premises and Building estimated time to their condition existing immediately prior repair such damage, such notice to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of such casualty. If Landlord reasonably estimates that the time to repair will be more than one hundred fifty (150) days, or if in any event Landlord fails to repair the damage within one hundred fifty (150) days of the date of such casualty or given (subject to force majeure), then in either event Tenant shall have the right to terminate this Lease by Tenant giving Landlord written notice of termination within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions receipt of the Leased Premises and Building which it is required to repair Landlord’s estimate, or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date expiration of the casualtyone hundred fifty (150) day period, as applicable. The base rent shall xxxxx from the date of the casualty Tenant agrees to be responsible for its own property and any fire insurance policy carried by Tenant insuring its property located in proportion to the impairment of the use that Tenant can reasonably make of or upon the Leased Premises until shall contain a provision whereby the insurance carrier waives any right of subrogation against Landlord. Each party hereby mutually releases and waives any and all rights of subrogation against the other party which, in the absence of this release and waiver, would arise in favor of any insurance company insuring either party against loss by fire, extended coverage, casualty and loss of any other type, resulting from damage to or destruction of the building of which the Leased Premises are restored or until the Lease is terminated in accordance form a part. Tenant agrees to comply with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount all rules and regulations of the abatement. The Landlord Board of Fire Underwriters and the rules and regulations of the city, county, and state; provided that Tenant shall not be liable for required to make any inconvenience exterior or interruption of the business of the Tenant occasioned by fire structural alteration or other casualty. Notwithstanding anything addition to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futurebuilding.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Leased Premises Apartment or Building are the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other cause beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty days or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damage occurs give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may not be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs cause resulting from any negligent act or omission or breach of such repair and restoration, promptly repair the damage and restore the following portions any provision of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13Tenant, Tenant shall promptly make, at its sole cost nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and expense, all other the making of any necessary repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease rebuilding by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption constitute a waiver of the business claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the Tenant occasioned by fire or other casualty. Notwithstanding anything to provisions of Section 227 of the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureReal Property Law of New York.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Leased Premises Apartment or Building are the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs cause resulting from any negligent act or omission or breach of such repair and restoration, promptly repair the damage and restore the following portions any provision of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13Tenant, Tenant shall promptly make, at its sole cost nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and expense, all other the making of any necessary repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease rebuilding by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption constitute a waiver of the business claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the Tenant occasioned by fire or other casualty. Notwithstanding anything to provisions of Section 227 of the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureReal Property Law of New York.

FIRE OR CASUALTY. If the Leased Premises or the Building are (including machinery or equipment used in its operation) shall be damaged by fire or other casualtycasualty and if such damage does not cause a termination of this Lease as described in the following sentences, then Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such shall repair and restoration, promptly repair the damage and restore the following portions damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, but Landlord shall not be obligated to expend for repairing or restoring the damage an amount in excess of the Leased Premises and Building to their condition existing immediately prior proceeds of insurance recovered with respect to the occurrence damage. If in Landlord’s estimate the Premises cannot be restored within two hundred seventy (270) days from the date of such fire or casualty, then Landlord shall give notice to Tenant of such estimate within ninety (90) days after such fire or casualty. Tenant may elect in writing sixty (60) days following the date of such notice from Landlord, time being of the casualty: essence, to terminate this Lease effective as of the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 date of this LeaseTenant’s notice. If the reasonable time for completing any such restoration damage (i) renders 25% of the Building untenantable or repair is longer than (ii) renders general Building systems inoperable and such systems cannot be repaired in Landlord’s reasonable estimate within two hundred seventy (270) days from the date of such damage or (iii) occurs within the last Lease Year, Landlord shall have the right to terminate this Lease as of the date of such damage upon written notice given to the Tenant at any time within one hundred twenty (120) daysdays after the date of such damage. If (iii) above occurs or Landlord fails to restore the Premises within one hundred eighty (180) days after the casualty, either party shall have the option to Tenant may terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after following the date upon which such termination rights was triggered. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease, by virtue of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord any delays in completion of such repairs and restores restoration. Annual Fixed Rent and additional rent, however, shall axxxx on those portions of the Leased Premises and Building which it is required as are, from time to repair or restore pursuant to this Paragraph 13time, untenantable and, in fact, unoccupied by Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to as a result of such casualtydamage. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Leaseherein set forth, Landlord shall have no obligation duty pursuant to insure the Projectthis Section 6.2 to repair or restore any portion of any alterations, the Leased Premisesadditions, the Building, installation or any portions thereof or any contents, property or other items located thereon or therein, either presently or improvements in the futurePremises or the decoration thereto except to the extent that the proceeds of the insurance carried by Tenant are timely received by Landlord. If Tenant desires any other additional repairs or restoration, and if Landlord consents thereto, it shall be done at Tenant’s sole cost and expense subject to all of the applicable provisions of the Lease. Tenant acknowledges that Landlord shall be entitled to the full proceeds of any insurance coverage whether carried by Landlord or Tenant, for damage to any alterations, addition, installation, improvements or decorations performed or installed by Tenant which would become the Landlord’s property upon the termination of the Lease.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage or defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Leased Premises Apartment or Building are the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other cause beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty days or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damage occurs give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given, and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Tenant shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may not be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs cause resulting from any negligent act or omission or breach of such repair and restoration, promptly repair the damage and restore the following portions any provision of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13Tenant, Tenant shall promptly make, at its sole cost nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and expense, all other the making of any necessary repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease rebuilding by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption constitute a waiver of the business claims of Landlord, or of its insurer by subrogation, against Tenant for such damages. Landlord and Tenant agree that the agreement contained in this paragraph is an agreement made in place of the Tenant occasioned by fire or other casualty. Notwithstanding anything to provisions of Section 227 of the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureReal Property Law of New York.

FIRE OR CASUALTY. If the Leased Premises shall be rendered untenantable by fire or Building other casualty during the Term, Landlord shall have 270 days from the date on which the Premises are damaged rendered untenantable to make the Premises tenantable. Landlord shall have the right to utilize all insurance proceeds required for leasehold improvements as specified in Paragraph 20 of the Lease. If the Premises cannot, in the judgment of Landlord, be made tenantable within that time, Landlord shall, upon reaching such judgment, give notice to Tenant that the Premises cannot be made tenantable within 270 days. In such event either party may terminate this Lease by giving written notice of termination to the other party within 10 days after the giving of such notice by Landlord. Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures or other improvements which may have previously been placed in the Premises by Xxxxxx. In the event of termination, Base Rent and Additional Rent shall be paid only to the date of the fire or casualty. During any time that the Premises are untenantable due to causes set forth in this Paragraph, Base Rent and Additional Rent shall be abated. Notwithstanding the foregoing, even if the Premises are not rendered untenantable in whole or in part by fire or other casualty, Landlord will have the right to terminate this Lease upon 10 days’ prior written notice to Tenant if (i) the extent that Building is substantially destroyed and Landlord decides not to restore it or to restore it in such a way as to materially alter the Premises, (ii) the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises Building are, in Landlord’s opinion, inadequate to substantially do so or (iii) less than 12 months remains on this Lease at the same condition existing immediately prior to time the restoration will be completed. Upon any such casualtytermination, Landlord and Tenant shall each be released from all further liability under this Lease accruing after the effective termination date. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Any insurance which may be carried by Landlord or Tenant against loss or damage in the Building or the Premises shall have be for the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date sole benefit of the casualty. The base rent party carrying such insurance and nothing herein contained shall xxxxx from the date of the casualty in proportion require Landlord to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the carry insurance proceeds under Landlordon Tenant’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If the Leased Premises shall be damaged or Building are damaged destroyed by fire or other casualtycasualty and if Lessor deems it not practical to repair, Landlord will Lessor shall have the right to cancel this Lease. If Lessor elects to cancel this Lease for the reasons set forth in this Paragraph 26 during the Initial Period, then Lessee shall pay Lessor any unpaid obligations of the Lessee under the Lease including but not limited to taxes, insurance, maintenance, and utilities owing at the time of cancellation, to the extent such obligations exceed the Initial Period remaining rent credit calculated at the rate of $10,766.0 per month. If during the Initial Period, said option to cancel is not exercised by Lessor, or if the improvements shall be damaged or destroyed by fire or other casualty to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs they can be repaired or reconstructed within 120 days of such repair damage or destruction and restoration, promptly repair if such damage or destruction occurs prior to the damage and restore the following portions commencement of the Leased last Lease year of the Initial Period and Lessor des not deem it impractical to repair, Lessor shall, as soon as reasonably possible, effect the required repairs and reconstruction of the Premises and Building to their place them in substantially the same condition existing as existed immediately prior to such damage or destruction and for such time as said repairs or reconstruction are being made, rentals shall xxxxx from the occurrence of date Lessee makes the casualty: entire Premises available to Lessor to effect such repairs and reconstruction, but only to the roofextent and in the proportion that the Premises are untenantable for the normal use thereof by Lessee. If, load-bearing demising wallsduring any Period subsequent to the Initial Period, foundation, utility infrastructure originally provided the Premises shall be damaged or destroyed by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beamsfire, and if Lessor deems it not practical to repair, Lessor shall have the Leasehold Improvements made by Landlord pursuant right to Paragraph 4 of cancel this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the said option to terminate this Lease cancel is not exercised by giving notice of termination Lessor, or if the improvements shall be damaged or destroyed by fire or other casualty to the other partyextent that they can be repaired or reconstructed within 120 days of such damage or destruction and if such damage or destruction occurs prior to the commencement of the last Lease year of the renewal Period and Lessor does not deem it impractical to repair, which notice Lessor shall, as soon as reasonably possible, effect the required repairs and reconstruction of the Premises and to place them in substantially the same condition as existed immediately prior to such damage or destruction and for such time as said repairs or reconstructions are being made, rentals shall xxxxx from the date Lessee makes the entire Premises available to Lessor to effect such repairs and reconstruction, but only to the extent and in the proportion that the Premises are untenantable for the normal use thereof by Lessee. Notice of cancellation pursuant to the terms of this Paragraph 26 shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year destruction. Estimates of the expiration of the then existing term of the Lease or if the damage or destruction Period to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant rebuild shall have the option to terminate the Lease be made in good faith by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureLessor.

FIRE OR CASUALTY. If Paragraph 8 hereof notwithstanding, if the Leased Premises or the Building are (including machinery or equipment used in its operation) shall be damaged by fire or other casualtycasualty and if such damage does not render all or a substantial portion of the Premises or Building untenantable, then Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such shall repair and restoration, promptly repair the damage and restore the following portions same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control. If any such damage renders all or a substantial portion of the Leased Premises and or Building to their condition existing immediately prior to the occurrence of the casualty: the roofuntenantable, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option right to terminate this Lease by giving notice as of termination the date of such damage (with appropriate prorations of Rent being made for Tenant's possession subsequent to the other party, which date of such damage of those tenantable portions of the Premises) upon giving written notice shall be given to the Tenant at any time within thirty sixty (3060) days after the date of such damage. If any such damage renders all or more than fifty percent (50%) of the casualty or given by Premises untenantable Tenant shall also have the right to terminate this Lease as of the date of such damage upon giving written notice to Landlord at any time within thirty forty-five (3045) days after notice from the date of such damage. Unless this Lease is terminated as provided in the two preceding sentences and Landlord that restoration will take longer than one hundred twenty (120) daysshall proceed with reasonable promptness to repair and restore the Premises, subject to reasonable delays for insurancee adjustments and delays caused by matters beyond Landlord's reasonable control. In the event Landlord repairs and restores Rent, however shall abatx xx those portions of the Leased Premises as are, from time to time, untenantable as a result of such damage. 9 31 Notwithstanding the contents of this paragraph, Landlord shall use its best efforts and diligence to rebuild the Premises after any fire or casualty; if the Building which is damaged by fire or other casualty and Landlord chooses not to rebuild, Landlord shall provide Tenant notice within 30 days of said fire or casualty of Landlord's decision; if Landlord chooses to rebuild, it shall use its best efforts and diligence to complete the restoration as quickly as possible. If said restoration is required to repair or restore pursuant to this Paragraph 13not completed within 180 days from date of inception, Tenant shall promptly makehave the right to terminate this Lease and all obligations hereunder. Tenant hereby acknowledges that Landlord is under no obligation to insure Landlord's interest in the Premises or the Building, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualtyexcept as provided herein. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Leaseherein set forth, Landlord shall have no obligation duty pursuant to insure this Section 12 to repair or restore any portion of the Projectalterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration were provided by Landlord, at Landlord's cost, at the beginning of the Term. If Tenant wants any other or additional repairs or restoration and if Landlord consents thereto, the Leased Premises, same shall be done at Tenant's expense subject to all of the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureprovisions of Section 8 hereof. 13.

FIRE OR CASUALTY. If the Leased Premises or Building are damaged by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty eighty (120180) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty eighty (120180) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. Tenant shall give immediate notice to Landlord in case of fire or accident or other damage defects in or to the Apartment or the building and to any of the fixtures or equipment therein. If the Leased Premises Apartment or Building are the building shall be partially damaged by fire, the damages shall be repaired by and at the expense of Landlord as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, Governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond Landlord’s reasonable control. If the Apartment or the building shall be damaged from such causes or from any of them to such extent that the same cannot be repaired with reasonable diligence within a period of sixty days, or if Landlord shall decide not to repair or rebuild the same or if Landlord shall decide to demolish the building or to convert it to other uses then and in any such event, Landlord may within sixty days after such damages occur give Tenant notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given , and Tenant shall thereupon vacate and surrender the Apartment to Landlord forthwith, and in such case, the rent shall be paid up to and apportioned as of the date on which Xxxxxx shall vacate and surrender the demised premises. In the event the Apartment is damaged to such an extent that is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may be usable until such time as the premises shall have been put into repair. If the Apartment or the building shall be damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs cause resulting from any negligent act or omission or breach of such repair and restoration, promptly repair the damage and restore the following portions any provision of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13Tenant, Tenant shall promptly make, at its sole cost nevertheless be liable to Landlord for any damage sustained by Landlord as a result thereof and expense, all other the making of any necessary repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease rebuilding by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption constitute a waiver of the business claim of Landlord, or of its insurer by subrogation, against Tenant for damages. Landlord and Xxxxxx agree that the agreement contained in this paragraph is an agreement made in place of the Tenant occasioned by fire or other casualty. Notwithstanding anything to provisions of Section 227 of the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureReal Property Law of New York.

FIRE OR CASUALTY. (a) If the Leased Premises or the Building are (including machinery or equipment used in the operation of the Building) shall be damaged by fire or other casualtycasualty and if such damage does not render all or a substantial portion of the Premises (in the case of the Premises, substantial shall mean 20% or more of the area of the Premises) or Building untenantable, then Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such shall repair and restoration, promptly repair the damage and restore the following portions Premises (exclusive of tenant finishes and/or build-outs) or the core and shell of the Leased Premises and Building with reasonable promptness (not to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than exceed one hundred twenty (120) days, either party subject, however, to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control). If any such damage renders all or a substantial portion of the Premises or Building untenantable, Landlord shall have the option right to terminate this Lease (with appropriate prorations of rent being made for Tenant's possession subsequent to the date of such damage of those tenantable portions of the Premises) upon giving written notice to the Tenant at any time within 60 days after the date of such damage; and if such notice is given Landlord shall have no obligation to repair or restore. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease by giving notice virtue of termination any delays in completion of such repairs and restoration. Rent, however, shall xxxxx on those portions of the Premises as are, from time to time, untenantable as a result of such damage. Additionally, if Landlord has determined to repair or restore the other partyPremises or Building as aforesaid, which notice Landlord shall be given so notify Tenant within thirty sixty (3060) days after the date of the casualty or given by Tenant within thirty such damage (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days"Repair Notice"). In the event Landlord repairs and restores those portions The Repair Notice shall include Landlord's estimate of the Leased Premises and Building which it is time required to repair or restore pursuant to this Paragraph 13restore. If such time estimate is less than, or equal to, nine (9) months from the date of such damage, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements have no right to terminate the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualtyLease. Notwithstanding anything to the contrary hereinHowever, if the damage or destruction repair estimate is greater than nine (9) months from the date of such damage, Tenant may terminate the Lease by providing Landlord written notice thereof within ten (10) days after receipt of the Repair Notice. If Tenant does not terminate the Lease and should Landlord be unable to complete the Leased Premises occurs repairs within one the nine (19) year month repair period, Tenant shall send notice of its intent to cancel the Lease effective on the date that is 60 days after the expiration of the then existing term of nine month repair period (the Lease or if "Cancellation Effective Date"). Should Landlord complete the damage or destruction to repairs before the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the BuildingCancellation Effective Date, either Landlord or Tenant shall have the option to terminate the Lease by giving written Tenant's notice to the other within thirty (30) days after the date of the casualty. The base rent cancel shall xxxxx from the date of the casualty be null and void and this Lease shall continue in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futurefull force and effect.

FIRE OR CASUALTY. If the Leased Premises or Building are damaged by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent percent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If Paragraph 8 hereof notwithstanding, if the Leased Premises or the Building are (including machinery or equipment used in its operation) shall be damaged by fire or other casualtycasualty (except fires or other casualties resulting from Tenant's fault or neglect) and if such damage does not render all or a substantial portion of the, Premises or Building untenantable, then Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such shall repair and restoration, promptly repair the damage and restore the following portions same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control. If any such damage renders all or a substantial portion of the Leased Premises and or Building to their condition existing immediately prior to the occurrence of the casualty: the roofuntenantable, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option right to terminate this Lease by as of the date of such damage (with appropriate prorations of the Premises) upon giving written notice of termination to the other party, which notice shall be given Tenant at any time within thirty sixty (3060) days after the date of the casualty such damage. If any such damage renders all or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer more than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent percent (50%) or more of the replacement cost of either the Leased Premises untenantable and if such damage does not result from Tenant's fault or the Buildingneglect, either Landlord or Tenant shall also have the option right to terminate this Lease as of the Lease by date of such damage upon giving written notice to the other Landlord at any time within thirty forty-five (3045) days after the date of the casualtysuch damage. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Unless this Lease is terminated as provided in accordance the two preceding sentences and so long as such damage does not result from Tenant's fault or neglect, Landlord shall proceed with this Paragraph 13reasonable promptness to repair and restore the Premises, provided the subject to reasonable delays for insurance proceeds under adjustments and delays caused by matters beyond Landlord’s Rent Loss insurance policy will cover the amount of the abatement's reasonable control. The Landlord shall have no liability to Tenant, and Tenant shall not be liable for entitled to terminate this Lease by virtue of any inconvenience or interruption delays in completion of such repairs and restoration. Rent, however, shall abate on those portions of the business Premises as are, from time to time, uxxxxxntable as a result of such damage. In the Tenant occasioned event the Building is damaged by fire or other casualty. Notwithstanding anything to the contrary in this Leasecasualty resulting from Tenant's failure or neglect, Landlord shall have no obligation to repair or restore the Building or any part thereof and Tenant shall not be released from any of its obligations hereunder (including, without limitation, its duty to repair the Premises and its liability to Landlord for damages caused by such fire or other casualty.). Tenant hereby acknowledges that Landlord is under no obligation to insure Landlord's interest in the ProjectPremises or the Building. Notwithstanding anything to the contrary herein set forth, Landlord shall have no duty pursuant to this Section to repair or restore any portion of the alterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration were provided by Landlord, at Landlord's cost, at the beginning of the Term. If Tenant wants any other or additional repairs or restoration and if Landlord consents thereto, the Leased Premises, same shall be done at Tenant's expense subject to all of the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureprovisions of Section 8 hereof.

FIRE OR CASUALTY. Cooperator shall give immediate notice to the Company in case of fire or accident or other damage or defects in or to the Apartment or the Building and to any of the fixtures or equipment therein. If the Leased Premises Apartment or the Building are shall be partially damaged by fire, the damages shall be repaired by and at the expense of the Company as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond the Company’s reasonable control. If the Apartment or the Building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty (60) days, or if the Company shall decide not to repair or rebuild the same or if the Company shall decide to demolish the Building or to convert it to other uses then and in any event, the Company may within sixty (60) after such damage occurs give Cooperator notice of such decision and thereupon the term of the Lease shall expire upon third day after such notice is given, and Cooperator shall thereupon vacate and surrender the Apartment to the Company forthwith, and in such case, the carrying charges shall be paid up to and apportioned as of the date of which Cooperator shall vacate and surrender the Apartment. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to the time of such damage and shall thereafter xxxxx in proportioned to the part of the Apartment which may not be usable until such time as the Apartment shall have been repaired. If the Apartment or the Building shall be damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs cause resulting from any negligence act or omission or breach of such repair and restoration, promptly repair the damage and restore the following portions any provision of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination Cooperator, Cooperator shall be liable to the other party, which notice Company for any damage sustained by the Company as a result thereof and making of any necessary repairs or rebuilding by the Company shall be given within thirty (30) days after the date not constitute a waiver of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions claim of the Leased Premises Company or of its insurer by subrogation, against Cooperator for such damages. The Company and Building which it Cooperator agree that the agreement contained in this paragraph is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year an agreement made in place of the expiration provisions of Section 227 of the then existing term Real Property Law of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent State of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureNew York.

FIRE OR CASUALTY. If the Leased Premises or the Building are or the Center (including machinery or equipment used in the operation of the Center) shall be destroyed or damaged by fire or other casualtycause and if the Premises, the Building and the Center can be repaired and restored within two hundred seventy (270) days after such damage and sufficient insurance proceeds are made available to Landlord will to repair such damage and restore the Premises, Building and Center, then Landlord shall, to the extent insurance proceeds are actually made available to Landlord for purposes of repair and restoration, repair and restore same with reasonable promptness; provided, however, that Landlord shall only be obligated to repair or restore any improvements made to the Premises (including, without limitation, the Tenant Improvements or any Alterations) to the extent that (i) Landlord paid for the initial construction of such improvements (either directly or through an allowance granted to Tenant), and (ii) Landlord receives the insurance proceeds related to such improvements under the insurance described in clause (b) of Section 17.2 hereof. Tenant agrees to execute all documents and take all actions necessary to make the insurance proceeds described in clause (ii) of the immediately preceding sentence available to Landlord are adequate to fully pay for the costs of such repair and restoration, promptly repair the damage and restore the following portions restoration of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualtyPremises. Notwithstanding anything contained herein to the contrary hereincontrary, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has are substantially damaged or destroyed during the Leased Premises or said Building to the extent of fifty per cent last twelve (50%12) or more months of the replacement cost of either the Leased Premises or the BuildingTerm, either Landlord or Tenant shall have the option right to terminate this Lease as of the Lease date of the fire or other casualty by giving written notice to the other within thirty (30) days after the date of the fire or casualty. The base rent , in which event, Rent shall xxxxx from be apportioned on a per diem basis and paid to the date of the casualty in proportion such fire or casualty. Notwithstanding anything contained herein to the impairment contrary, if such damage renders the Premises untenantable in whole or in part and cannot reasonably be repaired and estored within two hundred seventy (270) days, or if sufficient insurance proceeds are not made available to Landlord for repair or restoration and Landlord elects to not obtain or provide alternative financing, or if Landlord elects to demolish the Building or cease its operation, then either party shall have the right to cancel and terminate this Lease as of the use that Tenant can reasonably make date of such damage upon giving notice to the Leased other party at any time within ninety (90) days after such damage shall have occurred. In the event any fire or casualty renders the Premises until the Leased Premises are restored untenantable, in whole or until the in part, and if this Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable terminated by reason of such damage, then Rent shall axxxx during the period beginning with the date of such fire or other casualty and ending with the date when the Premises are again rendered tenantable, by an amount bearing the same ratio to the total amount of Rent for any inconvenience or interruption such period as the untenantable portion of the business Premises bears to the entire Premises. Notwithstanding anything contained herein to the contrary, if any fire or other casualty is caused by the negligence or willful misconduct of the Tenant occasioned by or its agents or employees, Tenant shall not be entitled to terminate this Lease on account of such fire or other casualty. Notwithstanding anything , and Rent shall only axxxx to the contrary in extent Landlord actually recovers rent loss insurance proceeds specifically allocated to the Rent due under this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. 22. During the term of this lease Lessor agrees to carry standard form "All Risk" property insurance on the building wherein the premises are situated for full replacement thereof and shall provide Lessee with a certificate of insurance reflecting such coverage, if requested. If premises or a portion thereof shall be destroyed or injured by any cause and such destruction or injury could reasonably be repaired within 90 days thereafter, Lessor shall with diligence undertake and substantially complete repairs within 90 days after the Leased Premises happening of such destruction or Building are damaged by fire injury. If Lessee shall be deprived of the occupancy of any portion of the premises due to any destruction or other casualtyinjury but can nevertheless continue to engage in its regular business, Landlord will a rental abatement shall be allowed in proportion to the extent area rendered untenantable and continuing until premises are restored. No rent shall be payable during any period that the insurance proceeds available Lessee is unable to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Leaseengage in its regular business. If the reasonable destruction or injury cannot reasonably be repaired within 90 days after the happening thereof, Lessor shall notify Lessee within 30 days after the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this lease shall be terminated. If Lessor shall elect to repair or rebuild, Lessor shall specify the time for completing any such restoration within which repairs or repair is longer than one hundred twenty (120) days, either party reconstruction will be completed and Lessee shall have the option within 30 days after the receipt of such notice to elect either to terminate this Lease lease and further liability thereunder or to extend the term or renewal term of this lease by giving notice a period of termination time equivalent to the other party, which notice shall be given within thirty (30) days after period from the date happening of such destruction or injury until the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) dayspremises are restored to their former condition. In the event Landlord repairs and restores those portions of Lessee elects to extend the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if lease, Lessor shall restore the damage or destruction premises to their former condition within the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or time specified in the future.notice and Lessee shall be entitled to an abatement of rent in the manner hereinbefore described. WAIVER OF SUBROGATION

FIRE OR CASUALTY. If In the Leased event that(a) the Premises or the Building are should be so damaged by fire or other casualty, Landlord will to the extent casualty that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration rebuilding or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall repairs cannot be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs completed within one (1) year after the date of commencement of reconstruction, as determined by Landlord, or (b) the expiration of Premises shall be so damaged during the then existing term last two (2) years of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building Term to the extent of fifty per cent that more than thirty percent (5030%) or more of the replacement cost of either the Leased Premises or the Buildingarea thereof is rendered untenantable, either Landlord or Tenant shall have the may at its option to terminate the this Lease within ninety (90) days after such damage by giving written notice to the other within thirty (30) days after Tenant, in which event rent shall be abated effective with the date of such damage. If, following any such casualty, Landlord does not terminate this Lease, or in the casualty. The base rent shall xxxxx from event of casualty damage of a lesser extent to the date Building, Landlord shall, following receipt of insurance proceeds if such proceeds are made available to Landlord by the holder of any mortgage encumbering the Project or the Building, rebuild or repair the Premises or the Building to substantially the same condition in which they were immediately prior to the happening of the casualty in proportion to the impairment of the use fire or other casualty, except that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for required to (i) spend more than the amount of insurance proceeds actually received, or (ii) rebuild, repair or replace any inconvenience or interruption part of the business of the furniture, equipment, fixtures and other personal property which may have been placed by Tenant occasioned by fire or other casualtytenants within the Building or the Premises. Notwithstanding anything Landlord shall allow Tenant a fair diminution of rental during the time the Premises are unfit for occupancy, and at Landlord's option, the Lease Term shall be extended for a period equal to the contrary in this Lease, Landlord shall have no obligation to insure period that the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futurePremises are unfit for occupancy.

FIRE OR CASUALTY. If either the Leased Premises (including machinery or Building are equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, in the reasonable judgment of Landlord, render all or a substantial portion of the Premises untenantable, then Landlord shall, subject to the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and Work and delays caused by matters beyond Landlord's reasonable control. Landlord shall not be obligated to expend in repairs and restoration an amount in excess of the proceeds of insurance recovered with respect to such casualty. If any such damage renders all or a substantial portion of the Premises untenantable, Landlord will shall have the right to terminate this Lease as of the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs date of such repair and restoration, promptly repair damage (with appropriate prorations of Rent being made for Tenant's possession after the date of such damage and restore the following of any tenantable portions of the Leased Premises and Building Premises) upon giving written notice to their condition existing immediately prior Tenant at any time within 120 days after the date of such damage. Landlord shall have no liability to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beamsTenant, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party Tenant shall have the option not be entitled to terminate this Lease by giving notice virtue of termination to the other party, which notice shall be given within thirty (30) days after the date any delays in completion of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores restoration. However, Minimum Rent shall xxxxx as to those portions of the Leased Premises as are, from time to time, untenantable as a result of such damage until Landlord shall have completed the repairs and Building which it is restoration required of Landlord hereunder. Landlord's duty to repair or restore the Premises is limited to repairing those parts of the Premises that were provided by Landlord at Landlord's cost at the beginning of the Term pursuant to this Paragraph 13, the Work Letter. Tenant shall promptly make, repair all improvements to the Premises installed by Tenant and all Alterations at its the sole cost and expenseexpense of Tenant. If Tenant desires any other or additional repairs or restoration and if Landlord consents thereto, all other repairs such repair or restoration shall be done at Tenant's sole cost and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated expense in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount provisions of the abatementSection 7 hereof. The Tenant acknowledges that Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything entitled to the contrary in this Leasefull proceeds of any insurance coverage, whether carried by Landlord shall have no obligation or Tenant, for damage to insure the Projectthose items or decorations provided by Landlord either directly or through an allowance to Tenant, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futurewhich Landlord is obligated to repair.

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Building or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord will receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord’s notice provides that the repairs to the extent that the insurance proceeds available Demised Premises are estimated to Landlord are adequate require more than two hundred seventy (270) days to fully pay the costs of such repair and restorationcomplete, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party then Tenant shall have the option right to terminate this Lease by giving providing written notice thereof to Landlord within thirty days (30) after receipt of termination Landlord’s notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, damage to Tenant’s furniture, fixtures, equipment and other personal property in, and all alterations and improvements performed by Tenant to, the Demised Premises, which shall be Tenant’s responsibility to restore) to be repaired with reasonable speed, subject to delays which may arise by reason of adjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, it being further understood that in such case this Lease shall remain in effect regardless of whether the actual time for completion of restoration shall differ from the initial estimate. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild, or if any mortgagee, having the right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the repair of such damage, this Lease shall, at the option of Landlord, be terminated effective as of the date of casualty. To the extent and for the time that the Demised Premises are rendered untenantable on account of fire or other partycasualty, which the Rent shall proportionately axxxx; provided, however, that if the tenantable portion of the Demised Premises is too small to be suitable for the Permitted Use, then Tenant shall have the right to terminate this Lease by providing written notice shall be given thereof to Landlord within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If A. Paragraph 8 hereof notwithstanding, if the Leased Premises or Building are the building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty, and if this Lease is not terminated by Landlord will to the extent that the insurance proceeds available to or Tenant as described in this Paragraph as a result thereof, Landlord are adequate to fully pay the costs of such shall repair and restoration, promptly repair the damage and restore the following portions same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, but if Landlord had in force at the time of loss insurance in full compliance with Paragraph 11.C. hereof, then Landlord shall not be obligated to expend therefor an amount in excess of the Leased Premises proceeds of insurance recovered with respect thereto plus the deductible amount then carried by Landlord. Landlord shall give Tenant, within forty-five (45) days of any such damage, Landlord’s reasonable estimate of the time necessary to make the required repairs. If at any time after December 31, 2009 any such damage renders all or a substantial portion of the Building untenantable and Landlord reasonably estimates the time required for repair and restoration to be in excess of one year from the date of such fire or other casualty, and Landlord elects not to repair or restore the Building to their its prior condition existing immediately prior to the occurrence of the casualty: the roofand configuration, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option right to terminate this Lease by giving notice as of termination the date of such damage (with appropriate prorations of Rent being made for Tenant’s possession subsequent to the other party, which date of such damage of those tenantable portions of the Premises) upon giving written notice shall be given to Tenant at any time within thirty forty-five (3045) days after the date of such damage. Rent shall xxxxx on those portions of the Premises as are, from time to time, untenantable as a result of damage by fire or other casualty or given by and Landlord shall notify Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements prior to the Leased date when such abatement period shall end and the Premises which are required to restore shall no longer be untenantable. For the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year purposes of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord a portion of the Premises shall have no obligation be deemed to insure be untenantable if such portion cannot reasonably be used for the Project, the Leased Premises, the Building, normal conduct of Tenant’s business or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureif adequate elevator access thereto is not available.

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Building or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, then, within forty-five (45) days after the date upon which Landlord will receives notice from Tenant of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild the Building and the estimated time period for the completion of such repairs. In the event that Landlord's notice provides that the repairs to the extent that the insurance proceeds available Demised Premises are estimated to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer require more than one hundred twenty eighty (120180) daysdays to complete or that Landlord elects not to repair such damage, either party then Tenant shall have the option right to terminate this Lease by giving providing written notice thereof to Landlord within thirty days (30) after receipt of termination Landlord's notice. In the event that Landlord elects to repair or rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and other personal property in, and all alterations and improvements performed by Tenant to the other partyDemised Premises, which notice shall be given Tenant's responsibility to restore) to be repaired with reasonable speed, subject to delays which may arise by reason of adjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, it being further understood that in such case this Lease shall remain in effect regardless of whether the actual time for completion of restoration shall differ from the initial estimate. Notwithstanding the foregoing, in the event that the restoration of the Demised Premises is not completed within two hundred ten (210) days from the earlier of (i) the date that Tenant notifies Landlord that is has elected not to terminate this Lease, or (ii) thirty (30) days after Landlord's notice to Tenant estimating the date time period for the completion of restoration, then Tenant shall have the casualty or given by Tenant within thirty (30) days after additional right to terminate this Lease upon written notice from Landlord that restoration will take longer than one hundred twenty (120) daysto Landlord. In the event the damage shall be so extensive that Landlord repairs and restores those portions of the Leased Premises and Building which it is required shall decide not to repair or restore pursuant rebuild, or if any mortgagee, having the right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the repair of such damage, this Paragraph 13, Tenant shall promptly makeLease shall, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after of Landlord, be terminated effective as of the date of the casualty. The base rent shall xxxxx from To the date of extent and for the casualty in proportion to time that the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Demised Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount rendered untenantable on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, Rent shall be abated by the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in proportion of the futureDemised Premises rendered untenantable.

FIRE OR CASUALTY. If the Leased Premises or Building are damaged by fire or other casualty, Landlord will will, subject to the extent that the insurance proceeds available provisions of any Subordination, Non-disturbance and Attornment Agreement entered into pursuant to Landlord are adequate to fully pay the costs of such repair and restorationthis Lease, Exhibit E attached hereto, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-load bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty eighty (120180) days, either party Tenant shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty eighty (120180) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 1314, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises Premises, Tenant may either exercise any existing option to extend, in which event, Landlord shall rebuild, or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent Base Rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored so they can be occupied by Tenant or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement14. The Landlord shall not be liable liable, regardless of cause, for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If the Leased Building or the Premises shall be partially or totally damaged or destroyed or rendered untenantable by fire or other cause at airy time during the first ten (10) Calendar Years of the Term, Landlord shall be obligated and shall proceed with reasonable diligence to repair the damage and restore and rebuild the Building and the Premises at its expense as promptly as reasonably practicable; provided, however, that Landlord shall not be required to repair or replace any property required to be insured by Tenant pursuant to Paragraph 11 B.(2). In the event Landlord is obligated pursuant hereto to restore and rebuild the Premises, or any portion thereof, as a result of a fire or other cause, Landlord shall be obligated to restore or rebuild those portions of the improvements in the Premises or the affected portion thereof, which would be L property upon termination of the Lease to the condition they were in immediately prior to such d or destruction, except that the replacement items shall be new rather than used. If the Premises, or any portion thereof, shall be rendered untenantable as a result of fire or other cause, all Rents payable hereunder shall be equitably abated to the extent that the Premises shall have been rendered untenantable, such abatement to be for the period from the date of such damage or destruction to the Premises to the date the Premises are no longer untenantable. If, at any lime after the first ten (10) years Calendar Years of the Term, less than 50% of the Building are damaged shall be rendered untenantable by fire or other casualty, Landlord will shall be obligated and shall proceed with reasonable diligence to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore and rebuild the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made Premises at its expense; provided, however, that Landlord shall not be required to repair or replace any property required to be insured by Landlord Tenant pursuant to Paragraph 4 11 .B.(2). If, at any time after the first ten (10) Calendar Years of this Lease. If the reasonable time for completing any such restoration Term, 50% or repair is longer than more of the Premises or the Building shall be rendered untenantable or inaccessible by fire or other casualty, Landlord shall notify Tenant within one hundred twenty (120) daysdays after the date of such fire or other casualty of Landlord’s reasonable estimate for the amount of time from the date of such fire or other casualty necessary to make the required repairs and tender the Premises to Tenant (the “Rebuild Notice”). Provided Tenant is not in default hereunder (beyond any applicable cure period), either party shall have the option Tenant may, upon notice to terminate this Lease by giving notice of termination to the other party, which notice shall be given Landlord within thirty (30) days after the date Tenant’s receipt of the casualty or given by Tenant within thirty (30) days after notice from Rebuild Notice, obligate Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost the damage and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under at Landlord’s Rent Loss insurance policy will cover e (the amount “Obligation Notice”) as promptly as reasonably practicable; provided, however, that Tenant’s Obligation Notice shall be effective only if at the time of the abatement. The Landlord shall not be liable for any inconvenience or interruption service of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Projectsuch notice, the Leased Premises, following conditions (the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.Rebuild Conditions”) shall be satisfied:

FIRE OR CASUALTY. If In the Leased event less than ten percent (10%) of the Premises or the Building are is damaged by fire or other casualtyperils covered by the extended coverage insurance carried by Landlord for the Building, Landlord will agrees to repair the same with reasonable promptness and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the rent while such repairs are being made, such proportionate reduction to be based upon the extent that to which the insurance proceeds available to Landlord are adequate to fully pay the costs making of such repair and restoration, promptly repair repairs shall materially interfere with the damage and restore business carried on by the following portions of Tenant in the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this LeasePremises. If the reasonable time for completing any such restoration or repair damage is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination due to the other partyfault or neglect of Tenant, which notice or its agents, officers, employees, contractors, servants, invitees, licensees or guests, there shall be given within thirty (30) days after the date no reduction or abatement of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) daysrent. In the event Landlord repairs and restores those portions more than ten percent (10%) of the Leased Premises is damaged by any perils covered or not covered by the extended coverage insurance carried by Landlord for the Building, Tenant shall have the right to give notice to Landlord, at any time within 30 days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no less than 30 and no more than 60 days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises 6 10 shall terminate on the date so specified in such notice and the rent, reduced by a proportionate amount based upon the extent, if any, to which such damage has materially interfered with the business carried on by Tenant in the Premises, shall be paid up to the date of such termination. In the event the Premises or the Building which it is required damaged as a result of any cause other than the perils covered by the fire and extended coverage insurance carried by Landlord on the Building, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises or the Building, as applicable. In the event the destruction of the Premises or the Building is to an extent greater than ten percent of the full replacement cost thereof, then Landlord shall have the option: (a) to repair or restore pursuant such damage, this Lease continuing in full force and effect, but the rent to be proportionately reduced as provided above; or (b) to give notice to Tenant at any time within 60 days after such damage terminating this Paragraph 13Lease as of the date specified in such notice, which date shall be no less than 30 and no more than 60 days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall promptly maketerminate on the date so specified in such notice and the rent, at its sole cost and expensereduced by a proportionate amount based upon the extent, all other repairs and replacements if any, to which such damage has materially interfered with the business carried on by Tenant in the Premises, shall be paid up to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to date of such casualtytermination. Notwithstanding anything to the contrary hereincontained in this Article or any other Articles, if Landlord shall not have any obligation whatsoever to repair, reconstruct, or restore the Premises when any damage thereto or destruction to the Leased Premises Building occurs within one (1) year during the last 12 months of the expiration of the then existing term of the this Lease or if the damage or destruction to the Leased Premises or the Building is so substantial any extension thereof; provided, however, that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption relieved of the business of the Tenant occasioned obligation to perform such routine maintenance as is provided elsewhere in this Lease. Landlord shall not be required to repair any injury or damage by fire or other casualty. Notwithstanding anything cause, or to the contrary in this Leasemake any repairs or replacements, Landlord shall have no obligation to insure the Projectof any panels, the Leased Premisesdecoration, the Buildingoffice fixtures, furniture, railings, floor coverings, partitions, or any portions thereof other property installed or placed in the Premises by Tenant. Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any contentspart of the Premises, property for damage to or loss of any of Tenant's fixtures or personal property, or for any damage to Tenant's business, or any inconvenience or annoyance occasioned by such damage, or by any repair, reconstruction or restoration by Landlord, or by any failure of Landlord to make any repairs, reconstruction or restoration under this Article or any other items located thereon provision of this Lease. With respect to damage which Landlord is obligated or thereinelects to repair, either presently or Tenant shall continue to be liable to pay rent and shall not be entitled to quit and surrender possession of the Premises except as specifically provided in the futurethis Article. 15.

FIRE OR CASUALTY. If the Leased Premises or the Building are (including machinery and equipment used in its operations) shall be destroyed or damaged by fire or other casualtycasualty and if the Premises or Building may be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the repairs for causes beyond its reasonable control, including without limitation, adjustments on insurance policies), after such damage then Landlord will shall have the option to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such (a) repair and restoration, promptly repair the damage and restore the following portions same with reasonable promptness; or (b) elect to demolish the Building or cease its operation, in which event this Lease shall automatically be cancelled and terminated as of the Leased date of such damage. In the event any such damage not caused by the act or neglect of Tenant, its agents, servants, employees, guests, licenses or invitees renders the Premises untenantable and Building if this Lease shall not be cancelled and terminated by reason of such damage, then rent shall abatx xxxing the period beginning with the date of such fire or other casualty and ending with the date Landlord's work is substantially completed, abatement to their condition existing immediately prior be in an amount bearing the same ratio to the occurrence total amount of rent for such period as the untenantable portion of the casualty: Premises bears to the roofentire Premises. Landlord's work shall include, loadand Landlord shall have no duty relating to, the repair or restoration of Tenant's fixtures or tenant improvements (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is leased to, or occupied by, Tenant), including, but not limited to, special wall and floor coverings, special lighting fixtures, built-bearing in cabinets and bookshelves and glass demising walls. If such damage renders the Premises untenantable, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beamsin whole or in part, and if, in Landlord's judgment, such damage cannot reasonably be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the repairs for causes beyond its reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) dayscontrol, including without limitation, adjustments on insurance policies), either party shall have the option right to cancel and terminate this Lease as of the date of such damage, provided, however, that Tenant may not elect to terminate this Lease if such damage was caused by giving notice the act or neglect of termination to the other partyTenant, which notice shall be given within thirty (30) days after the date of the casualty its agents, servants, employees, guests, licensees or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) daysinvitees. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option Any right to terminate the Lease or any other option provided for any party in this Article 24 must be exercised by giving written notice to the other party served within thirty one hundred (30100) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord such damage shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureoccurred.

FIRE OR CASUALTY. If (a) Subject to the Leased Premises provisions of this Paragraph 9, in the event the Premises, or Building are damaged access thereto, is wholly or partially destroyed by fire or other casualty, Landlord will shall as soon as reasonably practicable to deliver to Tenant Landlord’s estimate of the extent that the insurance proceeds available time needed to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore (the following portions of “Repair Notice”). Landlord will provide the Leased Premises and Building to their condition existing immediately prior to Repair Notice as soon as reasonably practicable under the occurrence of the casualty: the roofcircumstances, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing but in any such restoration or repair is longer event not more than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) 90 days after the date of the casualty fire or given casualty. Landlord shall diligently pursue the requisite information estimates from insurance adjusters, contractors and the like. To the extent permitted by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In applicable laws and covenants, conditions and restrictions then applicable to the event Landlord repairs Property and restores those portions subject to the other provisions of the Leased Premises and Building which it is required to this Xxxxxxxxx 0, Xxxxxxxx shall rebuild, repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost the Premises and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises access thereto to substantially the same condition as existing immediately prior to such casualtydestruction (excluding Tenant’s Alterations, trade fixtures, equipment and personal property, which Tenant shall be required to restore, but including the Tenant 26 TEXAS WITH BASE YEAR *** Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by Markit Ltd. Improvements made under the Work Letter) and this Lease shall continue in full force and effect. Notwithstanding anything the foregoing, (i) Landlord’s obligation to rebuild, repair or restore the contrary hereinPremises shall not apply to any personal property of Tenant or Tenant’s above-standard tenant improvements, if and (ii) Landlord shall have no obligation whatsoever to rebuild, repair or restore the Premises with respect to any damage or destruction to occurring during the Leased Premises occurs within one last twelve (112) year months of the expiration term of this Lease or any extension of the then existing term of term. If Landlord determines not to rebuild, repair or restore the Lease or if the Premises with respect to damage or destruction to during the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more last 12 months of the replacement cost term of either the Leased Premises or the Buildingthis Lease (as it may be extended), either Landlord or it will give Tenant shall have the option to written notice of such decision and Tenant may thereafter terminate the Lease this Lease, without penalty, by giving Landlord written notice to the other within thirty (30) 30 days after receipt of such notice by Landlord; Rent shall xxxxx reasonably and equitably as of the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Building or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord will receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord’s notice provides that the repairs to the extent that Demised Premises are estimated to require more than two hundred seventy (270) days to complete, then Tenant shall have the insurance proceeds available right to terminate this Lease by providing written notice thereof to Landlord are adequate within thirty days (30) after receipt of Landlord’s notice. In the event that Landlord elects to fully pay repair or rebuild (and Tenant does not have the costs of such repair and restorationright to, promptly repair or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant’s furniture, fixtures, equipment and restore other personal property in, and all alterations and improvements performed by Tenant to, the following portions Demised Premises, which shall be Tenant’s responsibility to restore) to be repaired with reasonable speed, subject to delays which may arise by reason of adjustment of loss under insurance policies and for delays beyond the Leased Premises and Building to their condition existing immediately prior to the occurrence reasonable control of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and it being further understood that in such case this Lease shall remain in effect regardless of whether the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable actual time for completing any such completion of restoration or shall differ from the initial estimate; provided, however, that if the actual repair is longer than one time shall exceed two hundred twenty seventy (120270) days, either party subject to Force Majeure, then Tenant shall have the option to terminate this Lease by giving Landlord sixty (60) days’ written notice of termination to such election, and in the other party, which notice event such repairs are not completed during such sixty (60) day period then this Lease shall be given within thirty (30) days after terminate on the date of set forth in Tenant’s notice as if such date were the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of date set forth herein for the expiration of the Term of this Lease, however if such repairs are completed within such sixty (60) day period, then existing term of Tenant’s termination notice shall be null and void and this Lease shall remain in full force and effect. (The insurance deductible shall not be included in calculating whether sufficient funds are available.) In the Lease event the damage shall be so extensive that Landlord shall decide not to repair or rebuild, or if any mortgagee, having the damage or destruction right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent repair of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Buildingsuch damage, either Landlord or Tenant shall have this Lease shall, at the option to terminate the Lease by giving written notice to the other within thirty (30) days after of Landlord, be terminated effective as of the date of the casualty. The base rent shall xxxxx from To the date of extent and for the casualty in proportion to time that the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Demised Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount rendered untenantable on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureRent shall proportionately xxxxx.

FIRE OR CASUALTY. If the Leased Premises or the Building are (including machinery and equipment used in its operation) shall be destroyed or damaged by fire or other casualtycasualty and if the Premises or Building may be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the repairs for causes beyond its reasonable control, including without limitation, adjustments on insurance policies), after such damage then Landlord will shall have the option to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such (a) repair and restoration, promptly repair the damage and restore the following portions same with reasonable promptness; or (b) elect to demolish the Building or cease its operation, in which event this Lease shall automatically be cancelled and terminated as of the Leased date of such damage. In the event any such damage not caused by the act or neglect of Tenant, its agents, servants, employees, guests, licensees or invitees renders the Premises untenantable and Building if this Lease shall not be cancelled and terminated by reason of such damage, then rent shall abatx xxxing the period beginning with the date of such fire or other casualty and ending with the date Landlord's work is substantially completed, abatement to their condition existing immediately prior be in an amount bearing the same ratio to the occurrence total amount of rent for such period as the untenantable portion of the casualty: Premises bears to the roofentire Premises. Landlord's work shall not include, loadand Landlord shall have no duty relating to, the repair or restoration of Tenant's fixtures or tenant improvements (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is leased to, or occupied by, Tenant), including, but not limited to, special wall and floor coverings, special lighting fixtures, built-bearing in cabinets and bookshelves and glass demising walls. If such damage renders the Premises untenantable, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beamsin whole or in part, and if, in Landlord's judgment, such damage cannot reasonably be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the repairs for causes beyond its reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) dayscontrol, including without limitation, adjustments on insurance policies), either party shall have the option right to cancel and terminate this Lease as of the date of such damage, provided, however, that Tenant may not elect to terminate this Lease if such damage was caused by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty act or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.neglect of

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Building or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord will receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord's notice provides that the repairs to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Demised Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer shall require more than one hundred twenty eighty (120180)) daysdays to complete, either party then Tenant shall have the option right to terminate this Lease by giving providing written notice of termination thereof to the other party, which notice shall be given Landlord within thirty days (30) days after the date receipt of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) daysLandlord's notice. In the event that Landlord repairs and restores those portions of the Leased Premises and Building which it is required elects to repair or restore pursuant rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and improvements, which shall be Tenant's responsibility to restore) to be repaired with reasonable speed, subject to delays, which may arise by reason of adjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild, this Paragraph 13, Tenant shall promptly makeLease shall, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after of Landlord, be terminated effective as of the date of the casualty. The base rent shall xxxxx from To the date of extent and for the casualty in proportion to time that the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Demised Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount rendered untenantable on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, rent shall proportionately abatx. Xxl prepaid rents paid by Tenant that are applicable to periods after the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureeffective date of termination shall be refunded to Tenant.

FIRE OR CASUALTY. If (a) Subject to the Leased Premises provisions of this Paragraph 9, in the event the Premises, or Building are damaged access thereto, is wholly or partially destroyed by fire or other casualty, Landlord will shall, as soon as reasonably practicable, deliver to Tenant Landlord's estimate of the extent that the insurance proceeds available time needed to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore (the following portions of “Repair Notice”). Landlord will provide the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer Repair Notice in no more than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) 60 days after the date of the casualty fire or given casualty. To the extent permitted by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In applicable laws and covenants, conditions and restrictions then applicable to the event Landlord repairs Property and restores those portions subject to the other provisions of the Leased Premises and Building which it is required to this Pxxxxxxxx 0, Xxxxxxxx shall rebuild, repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost the Premises and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises access thereto to substantially the same condition as existing immediately prior to such casualtydestruction (excluding Tenant's Alterations, trade fixtures, equipment and personal property, which Tenant shall be required to restore) and this Lease shall continue in full force and effect. Notwithstanding anything the foregoing, (i) Landlord's obligation to rebuild, repair or restore the contrary hereinPremises shall not apply to any personal property or above-standard tenant improvements except that, if provided Tenant advances the cost thereof, Landlord will restore the internal stairwell in the Premises, and (ii) Landlord shall have no obligation whatsoever to rebuild, repair or restore the Premises with respect to any damage or destruction to occurring during the Leased Premises occurs within one last twelve (112) year months of the expiration term of this Lease or any extension of the then existing term of term. If Landlord determines not to rebuild, repair or restore the Lease or if the Premises with respect to damage or destruction to during the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more last 12 months of the replacement cost term of either the Leased Premises or the Buildingthis Lease (as it may be extended), either Landlord or it will give Tenant shall have the option to written notice of such decision and Tenant may thereafter terminate the Lease this Lease, without penalty, by giving Landlord written notice to the other within thirty (30) 30 days after receipt of such notice by Landlord; Rent shall axxxx reasonably and equitably as of the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. Section 11.1. If the Leased Premises or Building are building shall be damaged by fire fire, the elements, unavoidable accident or other casualty, Landlord will but is not thereby rendered untenantable in whole or in part, Tenant shall at its own expense cause such damage to be repaired, and the rent shall not be abated. If, by reason of such occurrence, the building shall be rendered untenantable only in part, Tenant shall at its own expense cause the damage to be repaired, and rent meanwhile shall be abated proportionately as to the extent that portion of the building rendered untenantable. If the building shall be rendered wholly untenantable by reason of such occurrence, Tenant shall at its own expense cause such damage. to be repaired, and rent meanwhile shall be abated. To fulfill its obligations under this Article, Tenant shall have the proceeds of insurance and need not commence repairs until Xxxxxxxx has endorsed to Tenant's order the check or checks representing the insurance proceeds available proceeds. If Landlord shall fail to so endorse such check or checks upon request by Tenant, Xxxxxx's obligation to pay rent shall be abated until Landlord shall so endorse such check or checks. If the damage to the building is greater than fifty percent (50%) and occurs during the second renewal term of this lease, Tenant shall have the right, to be exercised by notice in writing delivered to Landlord are adequate to fully pay the costs of such repair within sixty (60) days from and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to after the occurrence of the casualty: damage, to elect not to reconstruct the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beamsbuilding, and in such event this lease and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 tenancy hereby created shall cease as of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of this said occurrence, the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs rent to be adjusted as of such date, and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, endorse to Landlord all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount paid or to be paid on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futuresuch damage.

FIRE OR CASUALTY. If In the Leased Premises or Building are damaged event of damage to the Property by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately casualty prior to the occurrence of the casualty: the roofClosing Date, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant Seller shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to notify Purchaser of such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything If the fire or other casualty causes damage which would cost in excess of $1,000,000 to the contrary repair (as determined by a licensed engineer or architect retained by Purchaser in this good faith), or permit any tenant under a Lease to terminate its Lease, Landlord then Purchaser may elect, by written notice to be delivered to Seller on or before the sooner of (i) the twentieth (20th) day after Purchaser’s receipt of such notice or (ii) the Closing Date, to either: (a) close the transaction contemplated by this Agreement, in which event all insurance proceeds received prior to Closing shall be retained by the Company and deemed part of the Property to be transferred at Closing and Purchaser shall be entitled to a credit in the amount of any applicable deductibles or expended by Seller or the Company solely in connection with the repair or replacement of the Property following such casualty, or (b) terminate this Agreement, and receive a return of the Xxxxxxx Deposit in which case the parties hereto shall have no obligation further obligations hereunder (except for obligations that are expressly intended to insure survive the Projecttermination of this Agreement). If the damage to the Property by fire or other casualty prior to the Closing Date would cost $1,000,000 or less to repair (as determined by a licensed engineer or architect retained by Purchaser in good faith) and not permit any tenant under a Lease to terminate its Lease, Purchaser shall not have the right to terminate its obligations under this Agreement by reason thereof, and Seller shall have the right to elect to either repair and restore the Property to the condition that existed before such damage if such repair or restoration may be completed prior to the Closing Date, but if Seller does not do so prior to Closing, then all insurance proceeds received prior to Closing shall be retained by the Company and deemed part of the Property to be transferred at Closing and Purchaser shall be entitled to a credit in the amount of any applicable deductibles. For purposes of this Section 11, the Leased Premises, term “Property” shall be limited to and refer only to the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureLand and Improvements.

FIRE OR CASUALTY. If a. Except as otherwise provided below, if the Leased Demised Premises or Building are should be partially damaged by fire or other casualty, Tenant shall give immediate written notice thereof to Landlord will and Landlord shall at its expense repair the Demised Premises to substantially the condition in which it existed prior to such damage. Rent shall xxxxx in proportion to the extent portion of the Demised Premises not usable by Tenant. If the Demised Premises are damaged, whether such damage be partial or total, as a result of the wrongful or negligent act of Tenant or other person on the Demised Premises with Tenant’s consent, there shall be no abatement of rent. Landlord shall not be liable to Tenant for any delay in restoring the Demised Premises, Tenant’s sole remedy being the right to an abatement, as above provided. If the Demised Premises are rendered wholly untenantable by fire or other casualty, and if Landlord shall decide not to restore the Demised Premises, or if the Building shall be so damaged that Landlord shall decide to demolish it or not to rebuild (whether or not the insurance proceeds available Demised Premises have been damaged), Landlord may within ninety (90) days after such fire or other cause give written notice to Landlord are adequate to fully pay the costs Tenant of such repair decision, and restorationthe term of this Lease shall automatically expire on the third day after such notice is given. In the event Landlord elects to rebuild, promptly this Lease shall not terminate and Landlord shall at its sole cost and expense thereupon proceed with reasonable diligence to rebuild and repair the damage and restore Building to substantially the following portions condition in which it existed prior to such damage. Landlord shall not be required to rebuild, repair or replace any part of the Leased partitions, fixtures, additions and other improvements which may have been placed in, on or about the Demised Premises and Building by Tenant, it being understood that Landlord shall have no responsibility to their condition existing immediately prior to repair, rebuild or replace, at Landlord's expense, Tenant's interior partition work. During the period in which the Demised Premises are wholly untenantable, through no fault of Tenant, the rent payable hereunder shall xxxxx effective as of the date of the occurrence of such damage. In the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns event Landlord should fail to complete such repairs and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than rebuilding within one hundred twenty eighty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30180) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything casualty , Tenant may thereafter give Landlord notice of its intention to terminate this Lease by delivering written notice of termination to Landlord, and if Landlord fails to substantially complete such repairs and rebuilding within 30 days after receipt of such notice, all rights and obligations hereunder shall cease and terminate as Tenant's sole and exclusive remedy; provided, however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the contrary in this Lease, Landlord shall have no obligation to insure the Projectreasonable control of Landlord, the Leased Premisesperiod for restoration, repair or rebuilding shall be extended for the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futuretime Landlord is so delayed.

FIRE OR CASUALTY. If the Leased Premises or Building are damaged shall be made untenantable by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assembliesif it so elects, exterior weather walls, subfloor, structural columns and beams, and may (A) Terminate the Leasehold Improvements made by Landlord pursuant to Paragraph 4 term of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice effective as of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty such fire or casualty, by written notice given by to Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty such date, or (120B) days. In repair, restore, or rehabilitate said Leased Premises at Landlord's expense within six (6) months after the date of such fire or casualty, in which event Landlord repairs and restores those portions of the term hereof shall not terminate but any fixed rent herein reserved shall be abated on a per diem basis while the Leased Premises shall remain untenantable. If Landlord elects to so repair, restore or rehabilitate said Leased Premises and Building which it is required shall fail to repair substantially complete the same within said six (6) month period, due allowance being made for delay due to practical impossibility, either Landlord or restore Tenant, by written notice to the other, given within fifteen (15) days next following the last day of said six (6) month period, may terminate the term hereof pursuant to this Paragraph 13Paragraph, Tenant guaranteed rent, if any, reserved hereunder shall promptly makebe apportioned on a per diem basis and paid to the date of such fire or casualty and percentage rent, at its sole cost if any, shall be paid to the date of termination. The right of termination herein provided is separate and expenseindependent of any other provisions of this Lease relative to termination. The foregoing notwithstanding, all other repairs and replacements to if during the last two (2) years of the existing term, the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building shall be damaged to the extent of fifty per cent (50%) or more than 25% of the replacement cost reasonable value of either the Leased Premises or the Buildingimprovements above foundation and floor, either Landlord or Tenant shall have the option not be obligated to terminate the Lease by giving written notice to the other repair and replace said premises unless Tenant, within thirty (30) days after demand by Landlord, extends said Lease for the period of any renewal term then authorized, and if there be no such term authorized, Landlord shall not be obligated to make such repairs, but may, at is election to be exercised within sixty (60) days after date of such damages, cancel and terminate this Lease effective as of the date of the casualtysuch damages. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until If the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of by the Tenant occasioned by fire or other casualty. Notwithstanding anything pursuant to the contrary in provisions of this LeaseParagraph, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.further obligations to

FIRE OR CASUALTY. Cooperator shall give immediate notice to the Company in case of fire or accident or other damage or defects in or to the Apartment or the Building and to any of the fixtures or equipment therein. If the Leased Premises Apartment or the Building are shall be partially damage by fire, the damages shall be repaired by and at the expenses of the Company as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond the Company’s reasonable control. If the Apartment or the Building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty (60) days, or if the Company shall decide not to repair or rebuild the same or if the Company shall decide to demolish the Building or to Convert it to other uses then and in any such event, the Company may within sixty (60) days after such damage occurs give Cooperator notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given, and Cooperator shall thereupon vacate surrender the Apartment to the Company forthwith, and in such case, the carrying charges shall be paid up to and apportioned as of the date of which Cooperator shall vacate and surrender the Apartment. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportioned to the part of the Apartment which may not be usable until such time as the Apartment shall have been repaired. If the Apartment or the Building shall be damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs cause resulting from any negligence act or omission or breach of such repair and restoration, promptly repair the damage and restore the following portions any provision of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination Cooperator, Cooperator shall be liable to the other party, which notice company for any damage sustained by the Company as a result thereof and the making of any necessary repairs or rebuilding by the Company shall be given within thirty (30) days after the date not constitute a waiver of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions claim of the Leased Premises Company or of its insurer by subrogation, against Cooperator for such damages. The Company and Building which it Cooperator agree that the agreement contained in this paragraph is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year a agreement made in place of the expiration provisions of Section 227 of the then existing term Real Property Law of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent State of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureNew York.

FIRE OR CASUALTY. Cooperator shall give immediate notice to the Company in case of fire or accident or other damage or defects in or to the Apartment or the Building and to any of the fixtures or equipment therein. If the Leased Premises Apartment or the Building are shall be partially damaged by fire, the damages shall be repaired by and at the expense of the Company as soon as it can reasonably be done under the circumstances, due allowance to be taken into consideration for any delays which may arise by reason of labor troubles, inability to obtain labor or materials, governmental orders, regulations and restrictions, delays in adjusting the insurance loss or other causes beyond the Company's reasonable control. If the Apartment or the Building shall be damaged from such causes or from any of them to such an extent that the same cannot be repaired with reasonable diligence within a period of sixty (60) days, or if the Company shall decide not to repair or rebuild the same or if the Company shall decide to demolish the Building or to convert it to other uses then and in any such event, the Company may within sixty (60) days after such damage occurs give Cooperator notice of such decision and thereupon the term of the Lease shall expire upon the third day after such notice is given, and Cooperator shall thereupon vacate and surrender the Apartment to the Company forthwith, and in such case, the carrying charges shall be paid up to and apportioned as of the date of which Cooperator shall vacate and surrender the Apartment. In the event the Apartment is damaged to such an extent that it is untenantable in whole or in part, rent shall be paid up to time of such damage and shall thereafter xxxxx in proportion to the part of the Apartment which may not be usable until such time as the Apartment shall have been repaired. If the Apartment or the Building shall be damaged or destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs cause resulting from any negligent act or omission or breach of such repair and restoration, promptly repair the damage and restore the following portions any provision of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination Cooperator, Cooperator shall be liable to the other party, which notice Company for any damage sustained by the Company as a result thereof and the making of any necessary repairs or rebuilding by the Company shall be given within thirty (30) days after the date not constitute a waiver of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions claim of the Leased Premises Company or of its insurer by subrogation, against Cooperator for such damages. The Company and Building which it Cooperator agree that the agreement contained in this paragraph is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year an agreement made in place of the expiration provisions of Section 227 of the then existing term Real Property Law of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent State of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureNew York.

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Buildings or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restorationthen, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date that Landlord receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord's notice provides that the repairs to the Demised Premises shall require more than one hundred eighty (180) days from the date of such fire or casualty to complete, or given by Tenant if Landlord fails to provide such notice within said thirty (30) days, then Tenant shall have the right to terminate this Lease by providing written notice thereof to Landlord within thirty days (30) after notice from Landlord that restoration will take longer than one hundred twenty (120) daysreceipt of Landlord's notice, in which event this Lease shall be deemed terminated as of the date of such fire or casualty. In the event that Landlord repairs and restores those portions of the Leased Premises and Building which it is required elects to repair or restore pursuant rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and improvements, which shall be Tenant's responsibility to this Paragraph 13restore) to be repaired with reasonable speed. If Landlord fails to complete such repairs within said one hundred eighty (180) days, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to may terminate the this Lease by giving providing written notice to the other within thirty (30) days after Landlord, in which event this Lease shall be deemed terminated as of the date of the such fire or casualty. The base rent In the event the damage shall xxxxx from be so extensive that Landlord shall decide not to repair or rebuild, or if any mortgagee, having the right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the repair of such damage, this Lease shall be terminated effective as of the date of casualty. To the casualty in proportion to extent and for the impairment of time that the use that Tenant can reasonably make of the Leased Premises until the Leased Demised Premises are restored rendered untenantable or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount inaccessible on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futurerent shall proportionately xxxxx.

FIRE OR CASUALTY. If the Leased Premises or the Building are (including machinery and equipment used in its operation) shall be destroyed or damaged by fire or other casualtycasualty and if the Premises or Building may be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the repairs for causes beyond its reasonable control, including without limitation, adjustments on insurance policies), after such damage then Landlord will shall have the option to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such (a) repair and restoration, promptly repair the damage and restore the following portions same with reasonable promptness; or (b) elect to demolish the Building or cease its operation, in which event this Lease shall automatically be cancelled and terminated as of the Leased date of such damage. In the event any such damage not caused by the act or neglect of Tenant, its agents, servants, employees, guests, licensees or invitees renders the Premises untenantable and Building if this Lease shall not be cancelled and terminated by reason of such damage, then rent shall abatx xxxing the period beginning with the date of such fire or other casualty and ending with the date Landlord's work is substantially completed, abatement to their condition existing immediately prior be in an amount bearing the same ratio to the occurrence total amount of rent for such period as the untenantable portion of the casualty: Premises bears to the roofentire Premises. Landlord's work shall not include, loadand Landlord shall have no duty relating to, the repair or restoration of Tenant's fixtures or tenant improvements (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is leased to, or occupied by, Tenant), including, but not limited to, special wall and floor coverings, special lighting fixtures, built-bearing in cabinets and bookshelves and glass demising walls. If such damage renders the Premises untenantable, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beamsin whole or in part, and if, in Landlord's judgment, such damage cannot reasonably be repaired and restored within ninety (90) days (plus such additional time during which Landlord may be prevented or delayed from completing the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the repairs for causes beyond its reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) dayscontrol, including without limitation, adjustments on insurance policies), either party shall have the option right to cancel and terminate this Lease as of the date of such damage, provided, however, that Tenant may not elect to terminate this Lease if such damage was caused by giving notice the act or neglect of termination to the other partyTenant, which notice shall be given within thirty (30) days after the date of the casualty its agents, servants, employees, guests, licensees or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) daysinvitees. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option Any right to terminate the Lease or any other option provided for any party in this Article 24 must be exercised by giving written notice to the other party served within thirty one hundred (30100) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord such damage shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureoccurred.

FIRE OR CASUALTY. If the Leased Premises or Building are damaged by fire or other casualty, Landlord will will, subject to the extent that the insurance proceeds available provisions of any Subordination, Non-disturbance and Attornment Agreement entered into pursuant to Landlord are adequate to fully pay the costs of such repair and restorationthis Lease, Exhibit E attached hereto, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising loadbearing walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) 180 days, either party Tenant shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty eighty (120180) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 1314, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one two and one-half (121/2) year years of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises Premises, Tenant may either exercise any existing option to extend, in which event, Landlord shall rebuild, or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent Base Rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored so they can be occupied by Tenant or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement14. The Landlord shall not be liable liable, regardless of cause, for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If In case of damage to the Leased Demised Premises or the Building are damaged by fire or other casualty, Tenant shall give immediate notice thereof to Landlord. Landlord will shall thereupon cause the damage to be repaired with reasonable speed, subject to delays, which may arise by reason of adjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord. To the extent and for the time that the Demised Premises or portions thereof are thereby rendered untenantable, the rent shall proportionately xxxxx. Provided that there are sufficient insurance proceeds available to fully repair such damage, Landlord agrees to repair such damage unless any mortgagee, having the right to do so, shall direct that the insurance proceeds available are to Landlord are adequate be applied to fully pay reduce the costs mortgage debt rather than to the repair of such damage (provided, however, that, Landlord agrees to request that the mortgagee apply such insurance proceeds to the repair of such damage and restorationto use reasonable efforts to cause such insurance proceeds to be so applied, promptly unless such mortgagee shall have succeeded to Landlord’s interest in the Property by foreclosure or otherwise, in which event this parenthetical shall not apply). Landlord shall provide written notice to Tenant within sixty (60) days after Landlord is notified of the casualty as to whether the damage will be repaired in accordance with the foregoing provisions. If Landlord is not required to repair such damage hereunder and Landlord’s notice provides that Landlord will not repair the damage and restore damage, then either Landlord or Tenant shall have the following portions right to terminate this Lease exercisable by written notice to the other party within thirty (30) days thereafter. In such event the Lease shall terminate as of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by date specified in Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams’s or Tenant’s notice (which shall not be more than ninety (90) days thereafter), and the Leasehold Improvements made rent (taking into account any abatement as aforesaid) shall be adjusted to the termination date. e. If Landlord is required to repair or rebuild the Demised Premises (specifically excluding, however, Tenant’s furniture, trade fixtures, equipment and personal property, which shall be Tenant’s responsibility) or elects to repair or rebuild in accordance with the last sentence of this Section, and such restoration is not completed within two hundred seventy days following the date of the casualty (subject, however, to delays caused by Landlord force majeure), then (unless such casualty shall have been caused by Tenant’s gross negligence or willful misconduct, in which event Tenant shall not have any right to terminate pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120sentence) days, either party Tenant shall have the option right to terminate this Lease by giving providing written notice of termination thereof to the other party, which notice shall be given Landlord within thirty (30) days after the date expiration of such twelve month period. Thereafter, Tenant shall promptly vacate the Demised Premises. Notwithstanding the foregoing, in the event that any casualty shall occur during the final forty-five (45) months of the casualty Term or given by any renewal thereof and the cost of repairing said damage exceeds $250,000, then Landlord shall have the right to condition its obligation to repair, such damage (subject, nevertheless, to the conditions set forth in the third sentence of this Section 11) on: (i) Tenant waiving its right to terminate the Lease pursuant to Section 38 hereof, and (ii) Tenant extending the term of this Lease so that the remaining term shall be at least five (5) years under the same terms and conditions set forth herein, except that the rental rate for the extended portion of the term shall be the “fair market rent” as determined in accordance with Section 36 hereof. Tenant shall provide Landlord with written notice as to whether Tenant agrees to waive its right to terminate and to extend the term as aforesaid within 30 days after receipt of Landlord’s notice. If Tenant elects not to waive its right to terminate and to extend the term as aforesaid or fails to so advise Landlord within such thirty (30) days after day period (in which event Tenant shall be deemed to have elected not to waive its right to terminate and extend the term), then Landlord shall have the right, at its election by providing written notice from to Tenant, to terminate this Lease (regardless of whether or not Landlord that restoration will take longer than one hundred twenty (120intends to rebuild) days. In or to continue to recognize the Lease, in which latter event Landlord repairs and restores those portions of the Leased Premises and Building which it is shall be required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated rebuild in accordance with the foregoing provisions of this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureSection.

FIRE OR CASUALTY. If the Leased Premises or the Building are (including machinery or equipment used in its operation) shall be damaged by fire or other casualtycasualty and if such damage does not render all or a substantial portion of the Premises untenantable, then Landlord shall repair and restore the same with reasonable promptness. If any such damage renders all or a substantial portion of the Premises or of the Building, untenantable, Landlord shall with reasonable promptness after the occurrence of such damage estimate the length of time that will be required to substantially complete the extent repair and restoration of such damage and shall by notice advise Tenant of such estimate. If such estimate is that the insurance proceeds available amount of time required to Landlord are adequate to fully pay the costs of substantially complete such repair and restorationrestoration will exceed two hundred seventy (270) days from the date such damage occurred, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by then Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option right to terminate this Lease by as of the date of such damage upon giving notice to Tenant at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination to together with the other partynotice containing such estimate). Unless this Lease is terminated as provided in the preceding sentence, which notice Landlord shall be given within thirty (30) days after the date of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required proceed with reasonable promptness to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises Premises, subject to substantially the same condition existing immediately prior reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, and also subject to such casualtyzoning laws and building codes then in effect. Notwithstanding anything to the contrary hereinherein set forth, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option no liability to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant, and Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience entitled to terminate this Lease, in the event such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or interruption of the business of the Tenant occasioned by fire or other casualtywithin said two hundred seventy (270) days. Notwithstanding anything to the contrary in this Leaseherein set forth, Landlord shall have no obligation duty pursuant to insure this Paragraph 11 to repair or restore any portion of the Projectalterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration are included within the definition of "Work" (but not "Additional Work") in the Workletter attached hereto or otherwise agreed upon in writing by the parties. If Tenant wants any other or additional repairs or restoration and if Landlord consents thereto, the Leased same shall be done at Tenant's expense subject to all the provisions of Paragraph 7 and 8 hereof. In the event any such damage not caused by act of neglect of Tenant, its agents or servants, renders the Premises untenantable and if this Lease shall not be cancelled and terminated by reason of such damage, then the rent (including Base Rent and Additional Rent) shall abate during the period beginning with the date of such damage and exxxxx with the date when the Premises are again rendered tenantable. Such abatement shall be in an amount bearing the same ratio of the total amount of rent for such period as the untenantable portion of the Premises from time to time bears to the entire Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Building or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord will receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord’s notice provides that the repairs to the extent that the insurance proceeds available Demised Premises are estimated to Landlord are adequate require more than two hundred seventy (270) days to fully pay the costs of such repair and restorationcomplete, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party then Tenant shall have the option right to terminate this Lease by giving providing written notice of termination thereof to the other party, which notice shall be given Landlord within thirty days (30) days after the date receipt of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) daysLandlord’s notice. In the event that Landlord repairs and restores those portions of the Leased Premises and Building which it is required elects to repair or restore pursuant rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant’s furniture, fixtures, equipment and other personal property in, and all alterations and improvements performed by Tenant to, the Demised Premises, which shall be Tenant’s responsibility to restore) to be repaired with reasonable speed, subject to delays which may arise by reason of adjustment of loss under insurance policies and for delays beyond the reasonable control of Landlord, it being further understood that in such case this Paragraph 13Lease shall remain in effect regardless of whether the actual time for completion of restoration shall differ from the initial estimate. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild, Tenant or if any mortgagee, having the right to do so, shall promptly makedirect that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the repair of such damage, this Lease shall, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after of Landlord, be terminated effective as of the date of the casualty. The base rent shall xxxxx from To the date of extent and for the casualty in proportion to time that the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Demised Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount rendered untenantable on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureRent shall proportionately xxxxx.

FIRE OR CASUALTY. If A. Section 7 hereof notwithstanding, if the Leased Premises or the Building are (including machinery or equipment used in its operation) shall be damaged by fire or other casualtycasualty and if such damage does not render all or a substantial portion of the Premises or Building untenantable and if such damage is covered by Landlord's insurance, then Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such shall repair and restoration, promptly repair the damage and restore the following same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control, but shall not be obligated to expend therefor an amount in excess of the proceeds of insurance recovered with respect thereto. If any such damage is uninsured and not covered by customary fire and extended coverage insurance, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Rent being made for Tenant's possession subsequent to the date of such damage of those tenantable portions of the Leased Premises and Building to their condition existing immediately prior Premises) upon giving written notice to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable Tenant at any time for completing any such restoration or repair is longer than within one hundred twenty (120) days, either party shall have the option to terminate this Lease by giving notice of termination to the other party, which notice shall be given within thirty (30) days after the date of such damage. If any such damage renders all or a substantial portion of the casualty Premises or given by Tenant the Building untenantable, Landlord shall, within thirty forty-five (3045) days after the occurrence of such damage and in good faith, estimate the length of time that will be required to substantially complete the repair and restoration of such damage and shall by notice from Landlord advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will take longer than exceed one hundred (1) year from the date such damage occurred, then either Landlord or Tenant shall have the right to terminate this Lease as of the date of such damage upon giving notice to the other at any time within twenty (12020) daysdays after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). In the event Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease, by virtue of any delays in completion of such repairs and restores restoration. Rent, however, shall xxxxx on those portions of the Leased Premises and Building which it is required as are, from time to repair or restore pursuant to this Paragraph 13time, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to untenantable as a result of such casualtydamage. Notwithstanding anything to the contrary hereinforegoing, if the any damage by fire or destruction to the Leased Premises other casualty occurs within one (1) year of the expiration Termination Date of the then existing term of the this Lease and renders all or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of more than fifty per cent percent (50%) or more of the replacement cost of either the Leased Premises or the Buildinguntenantable, either Landlord or Tenant shall have the option right to terminate this Lease as of the Lease by date of such damage upon giving written notice to the other party at any time within thirty forty-five (3045) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futuresuch damage.

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Building or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, then, within forty-five (45) days after the date upon which Landlord will learns, or receives notice from Tenant, of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild the Building and the estimated time period for the completion of such repairs. In the event that Landlord's notice provides that the repairs to the extent that the insurance proceeds available Demised Premises are estimated to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer require more than one hundred twenty eighty (120180) daysdays to complete or that Landlord elects not to repair such damage, either party then Tenant shall have the option right to terminate this Lease by giving providing written notice of termination thereof to the other party, which notice shall be given Landlord within thirty days (30) days after the date receipt of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) daysLandlord's notice. In the event that Landlord repairs and restores those portions of the Leased Premises and Building which it is required elects to repair or restore pursuant to rebuild (and Tenant does not have the right to, or has elected not to, terminate this Paragraph 13Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and other personal property in, and all alterations and improvements performed by Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises Demised Premises, which are required shall be Tenant's responsibility to restore restore) to be repaired with reasonable speed, subject to delays which may arise by reason of adjustment of loss under insurance policies and for delays beyond the Leased Premises to substantially reasonable control of Landlord, it being further understood that in such case this Lease shall remain in effect regardless of whether the same condition existing immediately prior to actual time for completion of restoration shall differ from the initial estimate, except however that if such casualty. Notwithstanding anything to the contrary hereinrepair is not completed, or if the damage or destruction to the Leased Premises occurs Landlord acknowledges that such repair will not be completed, within one (1) year of the expiration casualty, regardless of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Buildingcause, either Landlord or Tenant shall have the option may elect to terminate the Lease by giving written notice thereof to Landlord. In the event the damage shall be so extensive that Landlord shall decide not to repair or rebuild, or if any mortgagee, having the right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the other within thirty (30) days after repair of such damage, this Lease shall, at the option of Landlord, be terminated effective as of the date of the casualty. The base rent shall xxxxx from To the date of extent and for the casualty in proportion to time that the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Demised Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount rendered untenantable on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, Rent shall be abated by the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in proportion of the futureDemised Premises rendered untenantable.

FIRE OR CASUALTY. If Paragraph 8 hereof notwithstanding, if the Leased Premises or the Building are (including machinery or equipment used in its operation) shall be damaged by fire or other casualtycasualty and if such damage does not render all or a substantial portion of the Premises or Building untenantable, then Landlord will to the extent that the insurance proceeds available to Landlord are adequate to fully pay the costs of such shall repair and restoration, promptly repair the damage and restore the following portions same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control. If any such damage renders all or a substantial portion of the Leased Premises and or Building to their condition existing immediately prior to the occurrence of the casualty: the roofuntenantable, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party shall have the option right to terminate this Lease by giving notice as of termination the date of such damage (with appropriate prorations of Rent being made for Tenant's possession subsequent to the other party, which date of such damage of those tenantable portions of the Premises) upon giving written notice shall be given to the Tenant at any time within thirty sixty (3060) days after the date of such damage. If any such damage renders all or more than fifty percent (50%) of the casualty or given by Premises untenantable Tenant shall also have the right to terminate this Lease as of the date of such damage upon giving written notice to Landlord at any time within thirty forty-five (3045) days after notice from the date of such damage. Unless this Lease is terminated as provided in the two preceding sentences and Landlord that restoration will take longer than one hundred twenty (120) daysshall proceed with reasonable promptness to repair and restore the Premises, subject to reasonable delays for insurancee adjustments and delays caused by matters beyond Landlord's reasonable control. In the event Landlord repairs and restores Rent, however shall abatx xx those portions of the Leased Premises as are, from time to time, untenantable as a result of such damage. 9 33 Notwithstanding the contents of this paragraph, Landlord shall use its best efforts and diligence to rebuild the Premises after any fire or casualty; if the Building which is damaged by fire or other casualty and Landlord chooses not to rebuild, Landlord shall provide Tenant notice within 30 days of said fire or casualty of Landlord's decision; if Landlord chooses to rebuild, it shall use its best efforts and diligence to complete the restoration as quickly as possible. If said restoration is required to repair or restore pursuant to this Paragraph 13not completed within 180 days from date of inception, Tenant shall promptly makehave the right to terminate this Lease and all obligations hereunder. Tenant hereby acknowledges that Landlord is under no obligation to insure Landlord's interest in the Premises or the Building, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualtyexcept as provided herein. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Leaseherein set forth, Landlord shall have no obligation duty pursuant to insure this Section 12 to repair or restore any portion of the Projectalterations, additions or improvements in the Premises or the decoration thereto except to the extent that such alterations, additions, improvements and decoration were provided by Landlord, at Landlord's cost, at the beginning of the Term. If Tenant wants any other or additional repairs or restoration and if Landlord consents thereto, the Leased Premises, same shall be done at Tenant's expense subject to all of the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futureprovisions of Section 8 hereof. 13.

FIRE OR CASUALTY. If It is agreed that if, during the continuance of this Lease, the Leased Premises or Building are shall be so damaged by fire or other casualty, Landlord will to not arising from the extent fault or negligence of the TENANT, or those in its employ, so that the insurance proceeds available to Landlord are adequate to fully pay the costs of such repair and restoration, promptly repair the damage and restore the following portions of the Leased Premises shall thereby be rendered untenantable, then and Building to their condition existing immediately prior in such case, the rent herein reserved, or a just and proportionate part thereof, according to the occurrence nature and extent of the casualty: damage which has been sustained, shall be abated until the roofLeased Premises shall have been duly repaired and restored, load-bearing demising wallswhich work of repair and restoration shall be done with all reasonable diligence; provided however, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns that should Tenant be in default at the time same occurs LANDLORD shall have no such obligation. LANDLORD's obligation to repair and beams, restore shall be limited to a basic building and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 replacement of this Leaseany interior work which may have been installed at LANDLORD's cost. If In no event in the reasonable time for completing case of any such restoration destruction shall LANDLORD be required to repair or repair is longer than restore TENANT's stock in trade, leasehold improvements, fixtures, furnishings, or floor coverings and equipment. In the case the Project shall be destroyed so that the Leased Premises are not restorable within one hundred twenty (120) daysdays in the sole judgment of the LANDLORD, either party LANDLORD shall have the option right to terminate cancel this Lease and end the Term hereof, and in case of such cancellation, the rent, and any other monies due and owing to LANDLORD, shall be paid by giving notice of termination TENANT to the date TENANT vacates the Leased Premises, and all further obligations upon the part of either party hereto shall cease, and the estate hereby created shall thereupon terminate. In the event the Leased Premises are damaged by fire or other partycasualty during the last year of the Term of the Lease to an extent which renders the Leased Premises untenantable, which notice shall be given the LANDLORD may, at LANDLORD's option, within thirty (30) days after following the date day of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) days. In the event Landlord repairs and restores those portions of the Leased Premises and Building which it is required to repair or restore pursuant to this Paragraph 13, Tenant shall promptly make, at its sole cost and expense, all other repairs and replacements to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to such casualty. Notwithstanding anything to the contrary herein, if the damage or destruction to the Leased Premises occurs within one (1) year of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from the date of the casualty in proportion to the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in , immediately terminate this Lease, Landlord shall have no Lease and be relieved of any obligation to insure the Project, rebuild or repair the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the future.

FIRE OR CASUALTY. If In the Leased event that the whole or a substantial part of the Building or the Demised Premises is damaged or Building are damaged destroyed by fire or other casualty, then, within forty-five (45) days after the date that Landlord will receives notice of such fire or other casualty, Landlord shall provide written notice to Tenant as to whether Landlord intends to repair or rebuild and the estimated time period for the completion thereof. In the event that Landlord's notice provides that the repairs to the extent that the insurance proceeds available Demised Premises shall require more than two hundred seventy (270) days to Landlord are adequate to fully pay the costs of such repair and restorationcomplete, promptly repair the damage and restore the following portions of the Leased Premises and Building to their condition existing immediately prior to the occurrence of the casualty: the roof, load-bearing demising walls, foundation, utility infrastructure originally provided by Landlord, exterior wall assemblies, exterior weather walls, subfloor, structural columns and beams, and the Leasehold Improvements made by Landlord pursuant to Paragraph 4 of this Lease. If the reasonable time for completing any such restoration or repair is longer than one hundred twenty (120) days, either party then Tenant shall have the option right to terminate this Lease by giving providing written notice of termination thereof to the other party, which notice shall be given Landlord within thirty days (30) days after the date receipt of the casualty or given by Tenant within thirty (30) days after notice from Landlord that restoration will take longer than one hundred twenty (120) daysLandlord's notice. In the event that Landlord repairs and restores those portions of the Leased Premises and Building which it is required elects to repair or restore pursuant rebuild (and Tenant does not have the right to, or has elected not to, terminate this Lease in accordance with the foregoing sentence), Landlord shall thereupon cause the damage (excepting, however, Tenant's furniture, fixtures, equipment and improvements, which shall be Tenant's responsibility to this Paragraph 13restore) to be repaired with reasonable speed, Tenant subject to delays beyond the reasonable control of Landlord. In the event the damage shall promptly makebe so extensive that Landlord shall decide not to repair or rebuild, at its sole cost and expenseor if any mortgagee, all other repairs and replacements having the right to do so, shall direct that the insurance proceeds are to be applied to reduce the mortgage debt rather than to the Leased Premises which are required to restore the Leased Premises to substantially the same condition existing immediately prior to repair of such casualty. Notwithstanding anything to the contrary hereindamage, if the damage or destruction to the Leased Premises occurs within one (1) year this Lease shall, be terminated effective as of the expiration of the then existing term of the Lease or if the damage or destruction to the Leased Premises or the Building is so substantial that it has destroyed the Leased Premises or said Building to the extent of fifty per cent (50%) or more of the replacement cost of either the Leased Premises or the Building, either Landlord or Tenant shall have the option to terminate the Lease by giving written notice to the other within thirty (30) days after the date of the casualty. The base rent shall xxxxx from To the date of extent and for the casualty in proportion to time that the impairment of the use that Tenant can reasonably make of the Leased Premises until the Leased Demised Premises are restored or until the Lease is terminated in accordance with this Paragraph 13, provided the insurance proceeds under Landlord’s Rent Loss insurance policy will cover the amount rendered untenantable on account of the abatement. The Landlord shall not be liable for any inconvenience or interruption of the business of the Tenant occasioned by fire or other casualty. Notwithstanding anything to the contrary in this Lease, Landlord shall have no obligation to insure the Project, the Leased Premises, the Building, or any portions thereof or any contents, property or other items located thereon or therein, either presently or in the futurerent shall proportionately xxxxx.