Common use of FIRE OR CASUALTY Clause in Contracts

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, in the judgment of Landlord, render all or a substantial portion of the Leased 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 delays caused by matters beyond Landlord's reasonable control not to exceed 180 days. If any such damage renders all or a substantial portion of the Leased Premises or Building untenantable, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice to Tenant at any time within ninety (90) days after the date of such damage. 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 repairs and restoration as long as the Leased Premises are restored within 180 days of the fire or other casualty. However, Base Rent and Additional Charges 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 restorations required of Landlord hereunder.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if (a)If the Leased Premises Property or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, not cause a termination of this Lease as described in the judgment of Landlord, render all or a substantial portion of the Leased Premises untenantablefollowing sentences, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control control, but Landlord shall not be obligated to exceed 180 daysexpend for repairing or restoring the damage an amount in excess of the proceeds of insurance recovered with respect to the damage. If in Landlord's estimate the Property cannot be restored within three hundred sixty-five (365) days from the date of such fire or casualty, then Landlord shall give notice to Tenant of such estimate within one hundred twenty (120) days after such fire or casualty. Tenant may elect in writing sixty (60) days following the date of such notice from Landlord to terminate this Lease effective as of the date of Tenant's notice. If any such damage damage: (i) renders all or a substantial portion 25% of the Leased Premises building untenantable; or (ii) renders general Building untenantablesystems inoperable and such systems cannot be repaired in Landlord's reasonable estimate within three hundred sixty five (365) days from the date of such damage, or (iii) occurs within the last two (2) Lease years, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice to the Tenant at any time within ninety one hundred twenty (90120) days after the date of such damage. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration as long as the Leased Premises are restored within 180 days of the fire or other casualtyrestoration. HoweverRent, Base Rent and Additional Charges however, shall xxxxx as to abate on those portions of the Leased Premises Propxxxx as are, from time to time, untenantable, untenantable as a result of such damage until Landlord shall have completed the repairs and restorations required of Landlord hereunderdamage.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if (a) If the Leased Premises or the Building (including machinery or equipment used in its operationthe operation of the Building) shall be damaged by fire or other casualty and if such damage does not, in the judgment of Landlord, not render all or a substantial portion of the Leased Premises (in the case of the Premises, substantial shall mean 20% or more of the area of the Premises) or Building untenantable, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair Premises (exclusive of tenant finishes and/or build-outs) or restore such damage the core and shell of the Building with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control not to exceed 180 dayscontrol. If any such damage renders all or a substantial portion of the Leased Premises or Building untenantable, Landlord shall within ninety (90) days after such casualty give written notice (the "Repair Notice") to Tenant of whether Landlord intends to repair and restore the Building and Premises and, if Landlord elects to repair and restore, Landlord's reasonable estimate of the time necessary to complete such work (the "Estimated Restoration Period"). If the Estimated Restoration Period expires more than two hundred forty (240) days from the date of the Repair Notice, Tenant or Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges rent being made for Tenant's possession after subsequent to the date of such damage of any those tenantable portions of the Leased Premises) upon giving written notice to Tenant the other party at any time anytime within ninety thirty (9030) days after the date of such damage. Landlord delivers the Repair Notice and thereafter Landlord shall have no liability obligation to Tenantrepair or restore. If the Estimated Restoration Period expires less than two hundred forty (240) days from the date of the Repair Notice, and Tenant shall not be entitled to terminate this Lease by virtue shall continue in full force and effect. Rent shall abatx xxxm the date of any delays in such casualty until the earlier to occur of (i) substantial completion of repairs and the restoration as long as the Leased Premises are restored within 180 days of the fire Premises or other casualty. However(ii) Tenant's occupancy thereof, Base Rent and Additional Charges shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantable, untenantable as a result of such damage until Landlord shall have completed the repairs and restorations required of Landlord hereunderdamage.

FIRE OR CASUALTY. A. In case of damage to the Premises by a risk insured against under Paragraph 8 hereof notwithstanding7 of this Part II, if Landlord, unless the Leased Lease is terminated as hereinafter provided, shall repair or cause to be repaired such damages with reasonable dispatch after receiving from the Tenant written notice of the damage. If the damage is such as to render the Premises or untenantable, the Building (including machinery or equipment used in its operation) rent shall be damaged by fire or other casualty abated to an extent corresponding with the period during which and the extent to which the Premises have become untenantable; provided, however, if such damage does notis caused by the negligence or willful misconduct of Tenant or of a subtenant, in or the judgment agents, employees, visitors, invitees or licensees of LandlordTenant or of a subtenant, render all or a substantial portion then notwithstanding such damage and untenantability, Tenant shall be liable for rent without abatement. In the event of damage to the Premises to the extent that more than fifty (50%) percent of the Leased Premises untenantablevalue of such Premises, then Tenant shall give Landlord shallwritten notice of the damage, subject (but failure to the limitations set forth below, repair or restore such damage give notice shall not be binding upon Landlord) after which Tenant may determine with reasonable promptnessdispatch whether the Lease shall be terminated, subject to reasonable delays for insurance adjustments and, if terminated, all rent shall xxxxx and delays caused by matters beyond Landlord's reasonable control not to exceed 180 days. If any such damage renders all or a substantial portion of the Leased Premises or Building untenantable, Landlord shall have the right to Lease terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions occurrences of the Leased Premises) upon giving written notice to Tenant at any time within ninety (90) days after the date of event causing such damage. Notwithstanding anything contained herein to the contrary, Landlord shall have no liability obligation to Tenantrebuild the Premises in case of damage to the Premises occurring in the tenth year of the Lease term, which damage would reasonably take more than six (6) months to restore, or if following a reasonable period of time for restoration, would leave less than four (4) months remaining in the unexpired Term of this Lease. Should Landlord elect not to rebuild under such circumstance, and Tenant shall not be entitled elect to terminate this Lease, this Lease by virtue of any delays in completion of repairs and restoration shall terminate as long as the Leased Premises are restored within 180 days of the fire or other casualty. However, Base Rent and Additional Charges shall xxxxx as to those portions date of the Leased Premises as are, from time to time, untenantable, as a result of such damage until Landlord casualty except that Tenant shall have completed a reasonable time thereafter to remove its equipment, personal property and the repairs and restorations required of Landlord hereunderlike from the Premises.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if If the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, not cause a termination of this Lease as described in the judgment of Landlord, render all or a substantial portion of the Leased Premises untenantablefollowing sentences, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's ’s reasonable control control, but Landlord shall not be obligated to exceed 180 daysexpend for repairing or restoring the damage an amount in excess of the proceeds of insurance recovered with respect to the damage. If in Landlord’s estimate the Premises cannot be restored within three hundred sixty-five (365) days from the date of such fire or casualty, then Landlord shall give notice to Tenant of such estimate within one hundred twenty (120) days after such fire or casualty. Tenant may elect in writing sixty (60) days following the date of such notice from Landlord to terminate this Lease effective as of the date of Tenant’s notice. If any such damage damage: (i) renders all or a substantial portion 25% of the Leased Premises or Building untenantable; or (ii) renders general Building systems inoperable and such systems cannot be repaired in Landlord’s reasonable estimate within three hundred sixty five (365) days from the date of such damage, or (iii) occurs within the last two (2) Lease years, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice to the Tenant at any time within ninety one hundred twenty (90120) days after the date of such damage. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration as long as the Leased Premises are restored within 180 days of the fire or other casualtyrestoration. HoweverRent, Base Rent and Additional Charges however, shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantable, untenantable as a result of such damage until Landlord shall have completed the repairs and restorations required of Landlord hereunderdamage.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if If the Leased Premises or any part of the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, in the judgment of Landlord, not render all or a substantial portion of the Leased Premises untenantableor the 'Building untenantable (and for purposes of this Article 24, the Premises shall be deemed untenantable if there is (i) a substantial impairment of the reasonable means of access thereto or (ii) substantial impairment of reasonable means of access to the Antennae on the Roof or damage to a substantial portion of the Antennae on the Roof which materially adversely impairs Tenant Is ability to conduct business in the Premises), then Landlord shallshall proceed to repair and restore the Building Systems (including the Building Systems in the Premises) and the reasonable means of access to the Premises with reasonable promptness, given the nature of the damage to be repaired, subject to the limitations set forth below, repair or restore reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptnesspromptness after the occurrence of such damage, but in all events within forty-five (45) days after such damage occurred, obtain, at no cost to Tenant, an opinion of an independent architect, engineer or other qualified licensed professional, estimating the length of time will be required to complete the repair and restoration of the Building Systems (including the reasonable means of access to the Premises) and the Tenant Responsible Premises (stating separate estimated time periods for the repair and restoration of the Building Systems, including those in the Premises, and the repair and restoration of the Tenant Responsible Premises) and by written notice advise Tenant of such estimate (such notice being referred to herein as the "Repair Estimate Notice"). If it is so estimated that the amount of time required to substantially complete such repair and restoration of both the Building Systems (including those in the Premises and the reasonable means of access to the Premises) and the Tenant Responsible Premises will exceed one hundred eighty (180) days, then either Landlord or Tenant (but as to Tenant, only if all or a substantial portion of the Premises are rendered untenantable) 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 (20) days after Landlord delivers the Repair Estimate Notice to Tenant (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the Repair Estimate Notice). Notwithstanding the foregoing, if such damage renders untenantable a substantial portion of the Building but does not render untenantable a substantial portion of the Premises, Landlord shall not have the right to terminate this Lease on account of such damage, unless Landlord elects generally to terminate all leases in the Building which Landlord is entitled to terminate on account of such damage or Landlord elects to demolish all or a substantial portion of the Building, and any such termination of this Lease shall be effective as of a date, specified by Landlord, not less than sixty (60) days after the delivery of such termination notice. Unless this Lease is terminated as provided in the preceding paragraph, Landlord shall proceed with reasonable promptness to repair and restore the Building Systems, including Building Systems in the Premises and the reasonable means of access to the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control not control, and also subject to exceed 180 dayszoning laws and applicable building codes then in effect. If any such damage renders all or a substantial portion when the repair and restoration of the Leased Building Systems is completed to a degree making the Premises or Building untenantable, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made suitably available for Tenant's possession after the date of such damage of any tenantable portions repair and restoration of the Leased Tenant Responsible Premises) upon giving written notice , Tenant shall proceed with reasonable promptness to repair and restore the Tenant at any time within ninety (90) days after the date of such damageResponsible Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Tenant's reasonable control and applicable building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repair and restoration of the Building Systems is not in fact completed within the time period specified in the Repair Estimate Notice. If the Building Systems are not repaired and restored by virtue the number of any delays days equal to one hundred fifty percent (150%.) of the number of days specified in the Repair Estimate Notice for completion of repairs the repair and restoration as long as the Leased Premises are restored within 180 days of the Building Systems, measured from the date of delivery of the Repair Estimate Notice (provided, however, such number of days may be extended up to an additional one hundred twenty (120) days due to Force Majeure events), then either party (but as to Landlord, only if Landlord has diligently commenced and pursued such repair and restoration) may terminate this Lease, effective as of the date of such fire or other casualty. However, Base Rent and Additional Charges shall xxxxx as by written notice to those portions the other party delivered not later than thirty (30) days after the expiration of the Leased Premises as are, from time said period but prior to time, untenantable, as a result substantial completion of such damage until Landlord shall have completed the repairs and restorations required of Landlord hereunderrepair or restoration.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if If the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, not cause a termination of this Lease as described in the judgment of Landlord, render all or a substantial portion of the Leased Premises untenantablefollowing sentences, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's ’s reasonable control control, but Landlord shall not be obligated to exceed 180 daysexpend for repairing or restoring the damage an amount in excess of the proceeds of insurance recovered with respect to the 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 (or within one hundred twenty (120) days if the fire occurs during the last Lease Year), then Landlord shall give notice to Tenant of such estimate within ninety (90) days after such fire or casualty. Tenant may elect in writing thirty (30) days following the date of such notice from Landlord, time being of the essence, to terminate this Lease effective as of the date of Tenant’s notice. If any such damage (i) renders all or a substantial portion 25% of the Leased Premises Building untenantable or (ii) renders general Building untenantablesystems 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 and will take more than sixty (60) days to repair, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice given to the Tenant at any time within ninety (90) days after the date of such damage. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration as long as unless said repairs and restoration are not completed within three hundred sixty-five (365) days from the Leased Premises are restored within 180 days date of the fire or other casualtyunderlying damage. However, Base Annual Fixed Rent and Additional Charges additional rent, however, shall xxxxx as to axxxx on those portions of the Leased Premises as are, from time to time, untenantableuntenantable and, in fact, unoccupied by Tenant as a result of such damage until damage. Notwithstanding anything to the contrary herein set forth, Landlord shall have completed no duty pursuant to this Section 6.2 to repair or restore any portion of any alterations, additions, installation or improvements in the Premises 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 restorations required 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 hereundershall 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 which would become the Landlord’s property upon the termination of the Lease.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if (a) If the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, not cause a termination of this Lease as described in the judgment of Landlord, render all or a substantial portion of the Leased Premises untenantablefollowing sentences, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's ’s reasonable control control. If in Landlord’s reasonable estimate the Premises cannot be restored within three hundred sixty five (365) days from the date of such fire or casualty, then Landlord shall give notice to exceed 180 daysTenant of such estimate within sixty (60) days after such fire or casualty. Tenant may elect by written notice given to Landlord within sixty (60) days following the date of such notice from Landlord (time being of the essence) to terminate this Lease effective as of the date of Tenant’s notice. If any such damage (i) renders all 25% or a substantial portion more of the Leased Premises Building untenantable or (ii) renders general Building untenantablesystems inoperable and such systems cannot be repaired in Landlord’s reasonable estimate within three hundred sixty five (365) days from the date of such damage or (iii) occurs within the last year of the Term, provided that such damage exceeds the sum of $250,000, either Landlord or Tenant shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice given to Tenant the other party at any time within ninety sixty (9060) days after the date of such damage. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration as long as provided that Tenant shall have the Leased Premises right to terminate the Lease if such repairs are restored not completed within 180 the later of (i) 425 days of following the fire or other casualty, or (ii) sixty (60) days after the date set forth in any Repair Date Extension Notice (defined below), subject to extension for delays caused by reasons outside of Landlord’s control (not to exceed an additional sixty [60] days), by written notice delivered to Landlord within thirty (30) days after such 425 day period expires, which notice shall be deemed withdrawn if the restoration is completed within thirty (30) days after such notice is delivered to Landlord. However, Base Annual Fixed Rent and Additional Charges Rent, however, shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantable, untenantable as a result of such damage until damage. Such abatement shall be in an amount bearing the same ratio to the total amount of rent for such period as the portion of the Premises rendered untenantable and not occupied by or theretofore delivered to Tenant from time to time bears to the entire Premises. Notwithstanding the foregoing, if Landlord determines in good faith that it will be unable to complete the repairs within Landlord’s original time estimate, notwithstanding that such extended estimate may exceed three hundred sixty five (365) days from the date of damage, Landlord shall have completed the right to immediately cease its performance of the repairs and restorations required provide Tenant with written notice (the “Repair Date Extension Notice”) of such inability, which Repair Date Extension Notice shall set forth the date on which Landlord hereunderreasonably believes that the repairs will be completed. Upon receipt of the Repair Date Extension Notice, if such date exceeds three hundred sixty five (365) days from the date of damage, Tenant shall have the right to terminate this Lease by providing written notice of termination to Landlord within twenty (20) days after the date of the Repair Date Extension Notice. If Tenant does not terminate this Lease within such five (5) business day period, Tenant shall have no further right to terminate this Lease notwithstanding that the repairs are not completed within the 365 day period following damage.

FIRE OR CASUALTY. A. Paragraph Article 8 hereof notwithstandingnot withstanding, if the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, in the judgment of Landlord, not render all or a substantial portion of the Leased Premises or the building untenantable, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's ’s reasonable control but Landlord shall not be obligated to exceed 180 daysexpend therefor an amount in excess of the proceeds of insurance recovered with request thereto. If any such damage renders all or a substantial portion of the Leased Premises or the Building untenantable, Landlord shall, within sixty (60) days of such damage or destruction, deliver to Tenant an estimate of the duration of the period in which the Premises will be untenantable, as reasonably determined by Landlord. If such estimated period shall be for more than three hundred (300) days from the date of such damage, then Landlord or Tenant shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's ’s possession after subsequent to the date of such damage of any those tenantable portions of the Leased Premises) upon giving written notice to Tenant at any time the other within ninety fifteen (9015) days after the date delivery to Tenant of Landlord’s repair estimate. Unless this Lease is terminated as provided in the preceding sentence and so long as such damagedamage does not result from Tenant’s fault or neglect, Landlord shall proceed with reasonable promptness to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. 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 restoration as long as the Leased Premises are restored within 180 days of the fire or other casualty. Howeverrestoration; provided, Base however, that (i) Rent and Additional Charges shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantable, untenantable as a result of such damage until (except fires or casualties resulting from Tenant’s fault or neglect) and (ii) Tenant shall have a right to terminate this Lease by written notice to Landlord prior to completion of the repair and restoration of the Premises if such repair and restoration work is not completed within one hundred eighty (180) days of Landlord’s original estimated completion date. For purposes of this Section 12, the Premises shall be deemed “untenantable” to the extent they are materially unsuitable for typical office uses, in Tenant’s reasonable judgment, or Tenant is deprived access thereto, on account of any casualty (whether or not the casualty affects the Premises, or portion thereof, directly). Notwithstanding anything to the contrary herein set forth, Landlord shall have completed no duty pursuant to this Article 12 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 additional repairs or restoration and restorations required if Landlord consents thereto, the same shall be done at Tenant’s expense subject to all of the provisions of Article 8 hereof. The provisions of this Lease, including this Article 12, constitute an express agreement between Landlord hereunderand Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, the Building or any other portion of the Project by fire or other casualty and no statute or regulation which is inconsistent with this Article 12, now or hereafter in effect, including without limitation. Section 1932(2) and 1933(4) of the California Civil Code, shall have any application to this Lease with respect to any damage or destruction to all or any part of the Premises or the Building.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if If the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, not cause a termination of this Lease as described in the judgment of Landlord, render all or a substantial portion of the Leased Premises untenantablefollowing sentences, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's ’s reasonable control control, but Landlord shall not be obligated to exceed 180 daysexpend for repairing or restoring the damage an amount in excess of the proceeds of insurance recovered with respect to the 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 thirty (30) days following the date of such notice from Landlord, time being of the essence, to terminate this Lease effective as of the date of Tenant’s notice. If any such damage (i) renders all or a substantial portion 25% of the Leased Premises Building untenantable or (ii) renders general Building untenantablesystems 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 two (2) Lease Years, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice given to the Tenant at any time within ninety (90) days after the date of such damage. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration as long as the Leased Premises are restored within 180 days of the fire or other casualtyrestoration. However, Base Annual Fixed Rent and Additional Charges additional rent, however, shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantableuntenantable and, in fact, unoccupied by Tenant as a result of such damage until damage. Notwithstanding anything to the contrary herein set forth, Landlord shall have completed no duty pursuant to this Section 6.2 to repair or restore any portion of any alterations, additions, installation or improvements in the Premises 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 restorations required 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 hereundershall 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 which would become the Landlord’s property upon the termination of the Lease.

FIRE OR CASUALTY. A. Paragraph 8 (a) Section 7 hereof notwithstanding, if the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, not cause a termination of this Lease as described in the judgment of Landlord, render all or a substantial portion of the Leased Premises untenantablefollowing sentences, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable control control, but Landlord shall not be obligated to exceed 180 daysexpend for repairing or restoring the damage an amount in excess of the proceeds of insurance recovered with respect to the damage. If in Landlord's estimate the Premises cannot be restored within three hundred sixty-five (365) days from the date of such fire or casualty, then Landlord shall give notice to Tenant of such estimate within one hundred twenty (120) days after such fire or casualty and Tenant may elect in writing within sixty (60) days following the date of such notice from Landlord to terminate this Lease effective as of the date of Tenant's notice. If any such damage damage: (i) renders all three (3) or a substantial portion more floors of the Leased Premises or Building untenantable; or (ii) renders general Building systems inoperable and such systems cannot be repaired in Landlord's reasonable estimate within three hundred sixty-five (365) days from the date of such damage, or (iii) occurs within the last two (2) Lease Years, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice to the Tenant at any time within ninety one hundred twenty (90120) days after the date of such damage. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration as long as the Leased Premises are restored within 180 days of the fire or other casualtyrestoration. HoweverRent, Base Rent and Additional Charges however, shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantable, untenantable as a result of such damage until Landlord shall have completed the repairs and restorations required of Landlord hereunderdamage.

FIRE OR CASUALTY. A. Paragraph 8 hereof notwithstanding, if (a) If the Leased Premises or the Building (including machinery or equipment used in its operation) shall be is damaged by fire or other casualty and if such damage does not, not cause a termination of this Lease as described in the judgment of Landlord, render all or a substantial portion of the Leased Premises untenantablefollowing sentences, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's ’s reasonable control control, but Landlord shall not be obligated to exceed 180 daysexpend for repairing or restoring the damage an amount in excess of the proceeds of insurance actually received by Landlord for application to the repair of such damage. If in Landlord’s estimation 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 sixty (60) days after such fire or casualty. Tenant may elect by notice given to Landlord within thirty (30) days following the date of such notice from Landlord (time being of the essence) to terminate this Lease effective as of the date of Tenant’s notice. If any such damage (i) renders all twenty-five percent (25%) or a substantial portion more of the Leased Premises Building untenantable or (ii) renders general Building untenantablesystems inoperable and such systems cannot be repaired in Landlord’s reasonable estimate within one hundred eighty (180) days from the date of such damage or (iii) occurs within the last twenty- four (24) months of the Lease Term, Landlord shall have the right to terminate this Lease as of the date of such damage (with appropriate prorations of Base Rent and Additional Charges being made for Tenant's possession after the date of such damage of any tenantable portions of the Leased Premises) upon giving written notice given to Tenant at any time within ninety one hundred twenty (90120) days after the date of such damage. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration provided that Tenant shall have the right to terminate the Lease if such repairs are not completed within such two hundred seventy (270) day period or such longer period as long as originally estimated by Landlord, subject to extension for delays caused by reasons outside of Landlord’s control, by notice given within thirty (30) days after such repair period expires, which notice shall be deemed withdrawn if the Leased Premises are restored restoration is completed within 180 thirty (30) days of the fire or other casualtyafter such notice is delivered to Landlord. However, Base Rent and Additional Charges Rent, however, shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantableuntenantable and, in fact, unoccupied by Tenant as a result of such damage until such time as Landlord shall have has substantially completed the repairs and restorations required of Landlord hereunderLandlord’s restoration obligations under this Section 10.1.

FIRE OR CASUALTY. A. Paragraph 8 Section 7 hereof notwithstanding, if the Leased Premises or the Building (including machinery or equipment used in its operation) shall be damaged by fire or other casualty and if such damage does not, in the judgment of Landlord, not render all or a substantial portion of the Leased Premises or Building untenantable, then Landlord shall, subject to shall repair and restore the limitations set forth below, repair or restore such damage same with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters -16- beyond Landlord's reasonable control not to exceed 180 dayscontrol. If any such damage renders all or a substantial portion of the Leased Premises or Building untenantableis 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 Base Rent and Additional Charges being made for Tenant's possession after subsequent to the date of such damage of any those tenantable portions of the Leased Premises) upon giving written notice to the Tenant at any time within ninety (90) days after the date of such damage. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, within forty-five (45) 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 advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days with respect to damage to the Building (or one hundred eighty (180) days with respect to damage to the Premises) 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 (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 together with the notice containing said estimate). Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease Lease, by virtue of any delays in completion of such repairs and restoration as long as the Leased Premises are restored within 180 days of the fire or other casualty. Howeverrestoration; provided, Base however, that Rent and Additional Charges shall xxxxx as to on those portions of the Leased Premises as are, from time to time, untenantable, untenantable as a result of such damage until damage. Notwithstanding the foregoing, in the event Landlord has promptly commenced and is diligently proceeding in good faith to complete the work required of it hereunder but is unable to substantially complete such work within the time period estimated by Landlord, and if Landlord shall not have substantially completed such work within an additional sixty (60) day period (plus such additional time as may be required due to strikes, acts of God, shortages of labor or materials or other reasons beyond Landlord's reasonable control), Tenant shall upon expiration of such additional sixty (60) day period (as it may be extended, as aforesaid) have the repairs right to terminate this Lease upon delivery of written notice to Landlord of such termination on or before the earlier of (a) the date of substantial completion of such work or (b) fifteen (15) days following expiration of such sixty-day period (as it may be extended, as aforesaid). If any damage by fire or other casualty occurs within one (1) year of the Termination Date of this Lease and restorations required renders the Premises unusable for Tenant's particular business use, and as a result thereof Tenant ceases to conduct business in the Premises, Tenant shall also have the right to terminate this Lease as of the date of such damage upon giving written notice to Landlord hereunderat any time within forty-five (45) days after the date of such damage.