Common use of Insured Casualty Clause in Contracts

Insured Casualty. In the case of damage by fire or other perils covered by the insurance carried or required to be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord shall as soon as possible commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.

Insured Casualty. In the case of damage event that the Premises are partially or totally destroyed by fire or any other perils peril covered by the insurance carried or required to be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided hereinmaintained by Landlord, Landlord shall as soon as possible shall, within a period of one hundred eighty (180) days after the occurrence of such destruction, but only to the extent that proceeds of such insurance are available to Landlord for such purpose, commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same diligently to completion, but Landlord in which event this Lease shall continue in full force and effect. Any Rent due during the reconstruction shall either be equitably abated if Xxxxxx is unable to operate at the Premises not to exceed the amount of rental interruption insurance received by Landlord, or if available as determined by Landlord, shall be required to restore applied for a reasonably similar, alternate premises for Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after use. In the Commencement Date (unless event insurance proceeds are specifically designated for not sufficient to pay the cost of such reconstruction, or if the damage or destruction is due to the acts or omissions of Tenant, its agents, employees or contractors and available not subject to the waiver of subrogation under Article 9, or if Landlord is restricted by any governmental authority, Landlord may elect to either terminate this Lease or pay the cost to reconstruct and restore such Alterations). Notwithstanding the foregoingPremises to substantially the condition that it was in upon delivery thereof to Tenant; and in the latter event, Tenant shall be obligated to pay the cost to reconstruct and restore all of the “Tenant’s Work”, if (a) any, as well as Tenant’s other leasehold improvements, trade fixtures and other personal property on the Premises is destroyed Premises. For the purposes of this Article, “partial destruction” shall be deemed to be a destruction to an extent of at least fifty percent one-third (50%1/3) of the then full replacement cost thereof of the Premises or the Building, as applicable, as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.

Insured Casualty. If the casualty results from a risk, the loss to Landlord from which is fully covered by insurance maintained by Landlord or for Landlord’s benefit (except for any deductible amount), it shall be an “Insured Casualty” and governed by this Paragraph 9.1(b). In such event, if the case Damage Notice states that the repairs can be completed within the Repair Period without the payment of damage by fire overtime or other perils covered by the insurance carried or required to be carried pursuant to Article 11premiums, provided that neither Landlord nor Tenant terminates this Lease as provided herein, then Landlord shall as soon as possible commence such repairpromptly proceed to make the repairs, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect, and Base Rent and Tenant’s Share of Expenses shall be equitably reduced, during the period between the casualty and completion of the repairs, in proportion to the portion of the Premises that is inaccessible or unusable during that period. If the Damage Notice states that the repairs cannot, in Landlord’s estimate, be completed within the Repair Period without the payment of overtime or other premiums, then either party may, terminate this Lease is not terminated pursuant by written notice given to the provisions other within thirty (30) days after the giving of this Section 12.1, then the destruction will not Damage Notice. If either party elects to terminate this Lease, the lease shall terminate as of the date of the occurrence of such damage or destruction and all obligations Tenant shall vacate the Premises thirty (30) days from the date of Tenant under the written notice terminating the Lease. If neither party so terminates, then this Lease will shall remain in effect, except thatLandlord shall make repairs, to and Base Rent shall be proportionately reduced as set forth above during the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of period when the Premises is inaccessible or unusable and is not sufficient for the conduct of used by Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.

Insured Casualty. In If (i) the case of damage Property or any part thereof is damaged by fire or other perils covered casualty prior to the Closing Date, (ii) such casualty is insured pursuant to Seller's existing insurance coverage, and (iii) repair of such casualty would cost in excess of Two Hundred Fifty Thousand Dollars ($250,000) (as determined by an insurance adjuster selected by the insurance carried carriers and acceptable to Seller and Buyer) or required such casualty would entitle any Tenant to be carried pursuant terminate its Lease, then Seller shall give Buyer written notice of such damage, and Buyer may terminate this Agreement by written notice to Article 11Seller given within ten (10) business days following receipt of Seller's notice of such casualty, provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord the Closing Date shall as soon as possible commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoingextended, if necessary, to provide such full ten (a10) business day period. In the Premises is destroyed event of such termination, the Deposit shall be delivered to an extent Buyer, and this Agreement shall be of at least fifty percent (50%no further force and effect and, except for Paragraph 4(B) of the then full replacement cost thereof as of the date of destruction, this Agreement (b) the destruction occurs during the last year of the Term (as it may have been extended"Surviving Obligations"), or (c) the Premises is damaged by neither party shall thereafter have any peril and, because of the laws then in force, the Premises canfurther obligation under this Agreement. If Buyer does not be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right elect to terminate this Lease. A party may exercise this termination right Agreement or the cost of repair is determined by giving written notice said adjuster to the other party within thirty be less than Two Hundred Fifty Thousand Dollars (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this LeaseClosing shall take place as herein provided with no reduction in the Purchase Price, and Seller shall assign and transfer to Buyer on the Closing Date, all obligations of Tenant under this Lease will remain in effectSeller's right, except that, title and interest to the extent rental interruption balance of insurance proceeds are paid or payable to Landlord (Seller on account of such fire or would have been paid, but for Landlord’s breach casualty and Buyer shall be entitled to a credit against the Purchase Price in the amount of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated any deductible paid or reduced, between the date of the destruction and the date of completion of restoration, payable by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction Seller with respect to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 belowsuch claim.

Insured Casualty. In If any Improvements located upon the case Real Property are destroyed or substantially damaged by a Casualty during the period following the exercise of the Option and prior to the Closing, and such damage is fully covered (except for a deductible or self-insured retention not exceeding Twenty-Five Thousand Dollars ($25,000)) by fire or other perils covered by the insurance carried or required to be carried pursuant to Article 11by Seller (an "Insured Casualty"), provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord shall as soon as possible commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent cost of at least fifty percent (50%) of repairing or restoring the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term damaged Improvements (as it may have been extendedagreed between Buyer and Seller or as determined under Section 14.1.4) ("Restoration Costs") shall exceed One Million Dollars ($1,000,000) (the "Insured Casualty Threshold Amount"), or (cb) the Premises is damaged by any peril and, because reason of the laws then in forceCasualty, the Premises cannot be used for tenant under the same use being made thereof before Lease in favor of Omnicom Group, Inc.. shall have the right to terminate such damageLease ("Lease Termination"), then Tenant and Landlord Buyer shall each have the right to terminate this Lease. A party may exercise this termination right Agreement by giving Seller written notice of termination within ten (10) business days following the date of receipt of Seller's notice of the occurrence of such destruction or damage (or if a longer period of time is reasonably required to the other party determine whether a Casualty is an Insured Casualty, or to agree upon or determine Restoration Costs, within thirty five (305) business days after the date amount of Restoration Costs has been determined and Buyer has received written confirmation, in a form reasonably satisfactory to Buyer, from Seller's insurance carrier or carriers that Seller's insurance will cover such destructiondamage). If this Agreement is so terminated, then neither party shall have any further rights or obligations hereunder (except with respect to those matters expressly stated to survive such termination), the Deposit, and all interest accrued thereon, shall be returned to Buyer within two (2) business days thereafter, and each party shall bear its own costs incurred hereunder. In additionall events, Landlord however, Seller shall be entitled to retain the Option Payment. If Buyer does not elect to terminate this Agreement, or if damage to such Improvements occurs, the Restoration Costs of which are less than the Insured Casualty Threshold Amount and such Casualty shall not result in a Lease Termination, Buyer shall remain obligated to perform all of its obligations under this Agreement, and at Closing, Buyer shall receive a credit against the Purchase Price in the amount of any insurance proceeds collected and retained by Seller as a result of any such damage or destruction (other than proceeds of business interruption insurance), plus the amount of any applicable policy deductible (but reduced by the costs of any repairs performed by Seller with Buyer's approval, which approval shall not be unreasonably withheld), and Seller shall assign to Buyer all rights to such insurance proceeds (other than proceeds of business interruption insurance relating to periods prior to the Closing) as shall not have been collected prior to the Closing. Buyer shall have the option right to terminate this Lease participate in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt adjustment of the insurance proceeds. Notwithstanding the foregoingclaim in connection with any Casualty, Tenant may, at its election (but shall whether or not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease Casualty is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 belowan Insured Casualty.

Insured Casualty. In the case of damage by fire or other perils covered by the insurance specified in Article 11, carried or required to be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord the party responsible to maintain property insurance covering casualty to the Premises at the time of the occurrence shall as soon as possible commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same to completioncompletion consistent with a standard at least comparable to the condition of Comparable Buildings prior to the occurrence of the casualty, but if Landlord is the repairing party, Landlord shall not be required to restore Tenant’s 's trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations)property. Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year two (2) years of the Term (as it may have been extended)with respect to the portion of the Premises damaged, or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be restored at reasonable cost in excess of available insurance proceeds or if restored, cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease; Tenant shall also have the right to terminate the Lease if damage of the type described in (a) through (c) above occurs and the Premises cannot be restored with only minimal impact on Tenant's business. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In additionIf this Lease is terminated pursuant to this Section 12.1, then (i) if Landlord is the insuring party, upon Landlord's receipt of any insurance proceeds payable by reason of such destruction, Landlord shall have pay to Tenant from such proceeds an amount equal to the option Alterations paid for by Tenant, reduced by the amount which has been amortized as of the date of such termination and by the amount of proceeds of any insurance carried by Tenant on such items pursuant to Article 11, if any, and (ii) if Tenant is the insuring party, upon Tenant's receipt of any insurance proceeds payable by reason of such destruction, after retaining from such proceeds an amount equal to the Alterations paid for by Tenant, reduced by the amount which has been amortized as of the date of such termination and by the amount of proceeds of any insurance carried by Tenant on such items pursuant to Article 11, if any, Tenant shall pay to Landlord the balance of such proceeds for the Premises. If Landlord has elected to terminate this Lease as provided in this Article due to the event the Premises is damaged by any peril to such an extent fact that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoingavailable, Tenant may, at its election (but shall not be obligated toobligated), offer to provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s 's receipt of Landlord’s 's termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the provisions of this Section 12.1Section, then during the destruction will not terminate this Leaseperiod of repair, reconstruction or restoration, Tenant shall be entitled to the abatement of (i) all Monthly Rental and all obligations of Tenant under this Lease will remain in effect, except that, (ii) to the extent Landlord receives rental interruption loss insurance proceeds are paid to Landlord (or would have been paidtherefor, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 belowany Additional Rental.

Insured Casualty. In If the case of damage Premises are damaged by fire or any other perils ---------------- peril covered by the insurance carried maintained or required to be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided hereinmaintained by Landlord, Landlord shall as soon as possible shall, within a period of) sixty (60) Days after the occurrence of such ---------- destruction, but only to the extent that proceeds of such insurance are available to Landlord for such purpose, commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same diligently to completioncompletion within one hundred eighty (180) Days after occurrence of such destruction, but in which event this Lease shall continue in full force and effect. If the insurance proceeds are not sufficient to pay the cost of such reconstruction, or if the damage or destruction is due to the acts or omissions of Tenant, its agents, employees or contractors, or if Landlord is restricted by any governmental authority, Landlord may within sixty (60) days of such damage elect to either terminate this Lease or pay the cost of such reconstruction. Tenant shall not be required obligated to restore Tenant’s 's leasehold improvements, trade fixtures, equipment fixtures and other personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) on the Premises unless the damage is destroyed caused by Landlord. If, due to an extent of at least fire or other casualty, more than fifty percent (50%) of the Building is damaged or destroyed, or a portion of the Building or Premises is damaged or destroyed such that it impairs access to the Premises or otherwise affects the usefulness of the Premises, Tenant shall give Landlord written notice within a reasonable time. If the damage or destruction caused by such casualty was not caused fully or in part by Tenant, or its agents employees and/or contractors, and will not be rebuilt or repaired by Landlord completely within one hundred eighty (180) Days from date of such casualty, then full replacement cost thereof Tenant, at its option, may terminate this Lease on written notice to Landlord and all Monthly Rent and Additional Rent shall be abated as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and casualty. Landlord shall each have the right not receive or be entitled to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance Insurance proceeds received by Landlord by more than $250,000for Leasehold Improvements, which option may be exercised only were paid for and installed by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.

Insured Casualty. if the casualty results from a risk, the loss to Landlord from which is fully covered by insurance maintained by Landlord or for Landlord's benefit (except for any deductible amount), it shall be an "Insured Casualty" and governed by this Paragraph 9.1 (b). In such event, if the case Damage Notice states that the repairs can be completed within the Repair Period without the payment of damage by fire overtime or other perils covered by the insurance carried or required to be carried pursuant to Article 11premiums, provided that neither Landlord nor Tenant terminates this Lease as provided herein, then Landlord shall as soon as possible commence such repairpromptly proceed to make the repairs, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect, and Base Rent shall be reduced, during the period between the casualty and completion of the repairs, in proportion to the portion of the Premises that is inaccessible or unusable during that period and which is, in fact, not utilized by Tenant. Base Rent shall not be reduced by reason of any portion of the Premises being unusable or inaccessible for a period of five (5) business days or less. If the Damage Notice states that the repairs cannot, in Landlord's estimate, be completed within the Repair Period without the payment of overtime or other premiums, then either party may, terminate this Lease is not terminated pursuant by written notice given to the provisions other within thirty (30) days after the giving of this Section 12.1, then the destruction will not Damage Notice. If either party elects to terminate this Lease, the lease shall terminate as of the date of the occurrence of such damage or destruction and all obligations Tenant shall vacate the Premises five (5) business days from the date of Tenant under the written notice terminating the Lease. If neither party so terminates, then this Lease will shall remain in effect, except thatLandlord shall make repairs, to and Base Rent shall be proportionately reduced as set forth above during the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of period when the Premises is inaccessible or unusable and is not sufficient for the conduct of used by Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.

Insured Casualty. In If any Improvements located upon the case Real Property are destroyed or substantially damaged by a Casualty during the period following the exercise of the Option and prior to the Closing, and such damage is fully covered (except for a deductible or self-insured retention not exceeding Twenty-Five Thousand Dollars ($25,000)) by fire or other perils covered by the insurance carried or required to be carried pursuant to Article 11by Seller (an "Insured Casualty"), provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord shall as soon as possible commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent cost of at least fifty percent (50%) of repairing or restoring the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term damaged Improvements (as it may have been extendedagreed between Buyer and Seller or as determined under Section 14.1.4) ("Restoration Costs") shall exceed Four Million Dollars ($4,000,000) (the "Insured Casualty Threshold Amount"), or (cb) the Premises is damaged by any peril and, because reason of the laws then in forceCasualty, the Premises cannot be used for tenant under the same use being made thereof before Lease in favor of Omnicom shall have the right to terminate such damageLease ("Lease Termination"), then Tenant and Landlord Buyer shall each have the right to terminate this Lease. A party may exercise this termination right Agreement by giving Seller written notice of termination within ten (10) business days following the date of receipt of Seller's notice of the occurrence of such destruction or damage (or if a longer period of time is reasonably required to the other party determine whether a Casualty is an Insured Casualty, or to agree upon or determine Restoration Costs, within thirty five (305) business days after the date amount of Restoration Costs has been determined and Buyer has received written confirmation, in a form reasonably satisfactory to Buyer, from Seller's insurance carrier or carriers that Seller's insurance will cover such destructiondamage). If this Agreement is so terminated, then neither party shall have any further rights or obligations hereunder (except with respect to those matters expressly stated to survive such termination), the Deposit including all Withdrawals, and all interest accrued or deemed to have accrued thereon, shall be returned to Buyer within two (2) business days thereafter, and each party shall bear its own costs incurred hereunder. In additionall events, Landlord however, Seller shall be entitled to retain the Option Payment. If Buyer does not elect to terminate this Agreement, or if damage to such Improvements occurs, the Restoration Costs of which are less than the Insured Casualty Threshold Amount and such Casualty shall not result in a Lease Termination, Buyer shall remain obligated to perform all of its obligations under this Agreement, and at Closing, Buyer shall receive a credit against the Purchase Price in the amount of any insurance proceeds collected and retained by Seller as a result of any such damage or destruction (other than proceeds of business interruption insurance), plus the amount of any applicable policy deductible (but reduced by the costs of any repairs performed by Seller with Buyer's approval, which approval shall not be unreasonably withheld), and Seller shall assign to Buyer all rights to such insurance proceeds (other than proceeds of business interruption insurance relating to periods prior to the Closing) as shall not have been collected prior to the Closing. Buyer shall have the option right to terminate this Lease participate in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt adjustment of the insurance proceeds. Notwithstanding the foregoingclaim in connection with any Casualty, Tenant may, at its election (but shall whether or not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease Casualty is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 belowan Insured Casualty.

Insured Casualty. In If the case premises or the Building of damage which the ---------------- premises are a part are damaged by fire or other perils fully covered by the insurance carried or required to be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided hereinextended coverage insurance, Landlord shall as soon as possible commence forthwith determine the amount of time after the issuance of any requisite permits required to complete the repair of such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but damage. Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by notify Tenant after the Commencement Date in writing of such determination (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a"Landlord's Determination") the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date occurrence of such destructiondamage. In additionIf Landlord reasonably determines that such repairs can Illegible ---------- Initials -16- be accomplished within one hundred eighty (180) days after the issuance of any requisite permits, Landlord shall forthwith repair the same. If Landlord reasonably determines that such repairs could not be accomplished within one hundred eighty (180) days after the issuance of any requisite permits or the Insurance proceeds received by Landlord are not sufficient to effect such repair, then Landlord shall have the option (i) to terminate repair or restore such damage, this Lease lease continuing in full force and effect, or (ii) give notice to Tenant, concurrently with Landlord's determination, terminating this lease as of the event the Premises is damaged by any peril to date specified in such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000notice, which option may dates shall be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within less than thirty (30) days and no more than sixty (60) days after the giving of such notice. If Landlord gives such notice, this lease shall expire and all interest of the Tenant in the premises shall terminate on the date so specified in such notice and Tenant shall pay the rent, reduced by an amount proportionate to the extent, if any, to which such damage reduces Tenant’s 's square footage of its premises up to the date of such termination. If Landlord elects to give such notice of Landlord's intent to cancel and terminate this lease, then Tenant shall have the right, within ten (10) days after the receipt of such notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord’s termination notice, in which event Landlord this lease shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease is lease shall be canceled and terminated as of the date and on the conditions set forth above, Landlord shall not terminated pursuant repair damages to Tenant's fixtures or equipment, or Tenant Improvements made by Tenant. If -- Landlord determines that repairs cannot be accomplished within the provisions of this Section 12.1, then one hundred ------------------------------------------------------------------------------ eighty (180) day period or the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid not sufficient to effect ------------------------------------------------------------------------------ such repair, Tenant shall have the right to terminate this lease within 30 days ------------------------------------------------------------------------------- of such determination by giving written notice to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s businesssuch termination. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.------------------------------------------------------------------------------

Insured Casualty. In the case of damage event that the Premises are partially or totally destroyed by fire or any other perils peril covered by insurance maintained by Landlord, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty; and Landlord shall, within a period of one hundred eighty (180) days after the occurrence of such destruction, but only to the extent that proceeds of such insurance carried or required to be carried pursuant to Article 11are received by Landlord for such purpose, provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord shall as soon as possible commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same diligently to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain continue in full force and effect. If In the event insurance proceeds are not sufficient to pay the cost of such reconstruction, or if the damage or destruction is caused by the acts or omissions of Tenant, its agents, employees or contractors, or if Landlord is restricted by any governmental authority, Landlord may elect to either terminate this Lease is not terminated pursuant to or pay the provisions cost of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, such reconstruction. Such reconstruction shall be only to the extent rental interruption necessary to restore the Landlord's Work in the Premises. As Tenant is required to maintain the insurance set forth under Section 10.3(C) and receive the insurance proceeds thereof in the event the Premises are paid partially or totally destroyed by fire or any other peril, Tenant shall be obligated for the restoration of all of the items specified as Tenant's Work in the event of such reconstruction, as well as Tenant's other leasehold improvements, trade fixtures and other personal property on the Premises, and Tenant shall, prior to Landlord (or would have been paidthe commencement of construction, but submit to Landlord, for Landlord’s breach 's review and approval, which approval shall not be unreasonably withheld or delayed, all plans, specifications, and working drawings relating thereto, and Landlord shall approve the contractors, which approval shall not be unreasonably withheld or delayed, to perform such work. Tenant shall diligently prosecute said work to completion without delay or interruption, except for events beyond the reasonable control of Section 11.2(a))Tenant, and so as to not to obstruct the Monthly Rental business of Landlord or other tenants in the Project or interfere with the labor force working in the Project, with adequate provisions for the safety and Operating Expenses will be abated or reduced, between the date convenience of tenants of the destruction Project and the date to control dust, noise, and other effects of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction such work using methods commonly utilized to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s businesscontrol such effects associated with construction centers. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.Air Cargo Lease A-Mark 2014 - 22 - AIR CARGO CENTER LEASE

Insured Casualty. In the case of damage by fire or other perils covered by the insurance carried or required to be carried pursuant to Article 11specified in Section 16.5, provided that neither Landlord nor Tenant terminates this Lease as provided hereinthe following provisions shall apply: (a) Within a period of sixty (60) days after all applicable permits have been obtained, Landlord shall as soon as possible commence such repair, reconstruction and restoration of the Premises as Landlord, in its reasonable business judgment, deems necessary, and shall diligently prosecute the same to completion; provided, but Landlord however, that Tenant, at its cost, shall not be required to repair and restore all items of Tenant’s 's Work and replace its stock in trade, trade fixtures, equipment furniture, furnishings and personal property or Alterations made by equipment. Tenant after shall commence this work promptly upon delivery of possession of the Commencement Date Premises to Tenant and shall diligently prosecute same to completion. (unless insurance proceeds are specifically designated for and available to restore such Alterations). b) Notwithstanding the foregoing, if (a) the Premises is totally destroyed, or if the Shopping Center is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, then (bi) if the destruction occurs during the last year two (2) years of the Term (as it may have been extended)Term, or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Landlord and Tenant and Landlord shall each have the right to terminate this Lease, and (ii) if the destruction occurs prior to the last two (2) years of the Term, Landlord shall have the right to terminate this Lease. A party may exercise this In each case, the termination right shall be exercised by the terminating party giving written notice to the other party within thirty (30) days after the date of destruction. If Landlord terminates this Lease pursuant to (ii) above, then upon Landlord's receipt of any insurance proceeds payable by reason of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery pay to Tenant from such proceeds an amount equal to the unamortized book value of a written notice Tenant's leasehold improvements paid for by Tenant and Tenant's fixtures and equipment which are not capable of election removal from the Premises, reduced by the amount of proceeds of any insurance carried or required to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, be carried by Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover on such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises items pursuant to this Article and this Lease shall remain in full force and effect16. If this Lease is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.17.2

Insured Casualty. In the case of damage event the Demised Premises are damaged by fire or other perils casualty covered by the property insurance carried by Landlord and the property insurance carried or required by this Lease to be carried pursuant to Article 11by Tenant, provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord shall as soon as possible commence such repair, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect, subject to the rights to terminate this Lease herein provided, and the Minimum Annual Rental and, to the extent reimbursed to Landlord from the proceeds of insurance from time to time carried by Landlord pursuant to Section 9.06, the Additional Rental payable hereunder shall be abated in proportion to the Floor Area of the Demised Premises rendered untenantable by the casualty from the date of the casualty until Tenant is required by this Lease to reopen the damaged portion of the Demised Premises for business. If the Demised Premises are so damaged and this Lease is not terminated pursuant terminated, Landlord shall restore the Landlord's Work specified in Exhibit "C," and Landlord may elect, with respect to the provisions of this Section 12.1, then Tenant's Work specified in Exhibit "C," either to restore such work or to require Tenant to restore the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effectsame, except thatthat in no event shall Landlord be required to repair or replace Tenant's trade fixtures, furnishings, inventory or other personal property. If Landlord elects to the extent rental interruption insurance proceeds are paid restore Tenaxx'x Xork, Tenant shall direct its insurer to pay to Landlord the proceeds payable under Tenant's insurance policies with respect to Tenant's Work and shall pay to Landlord, within ten (or would have been paid, but for 10) days after Landlord’s breach of Section 11.2(a))'s written request, the Monthly Rental amount of any deficiency between such proceeds and Operating Expenses will the amount anticipated to be abated expended or reducedactually expended by Landlord in restoring Tenant's Work. If Landlord elects to require Tenant to restore Tenant's Work, between Tenant shall at its sole cost and expense, within sixty (60) days following the date casualty or, if any of Landlord's Work was damaged by the casualty, within sixty (60) days after Landlord's Work is sufficiently completed to permit Tenant to commence Tenant's Work, commence and diligently pursue completion Tenant's Work in accordance with Exhibit "C." Tenant shall reopen the entirety of the destruction and the date of Demised Premises for business upon completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 belowrestoration thereof.

Insured Casualty. If the casualty results from a risk, the loss to Landlord from which is fully covered by insurance maintained by Landlord or for Landlord's benefit (except for any deductible amount), it shall be an "Insured Casualty" and governed by this Paragraph 9.1(b). In such event, if the case Damage Notice states that the repairs can be completed within the Repair Period without the payment of damage by fire overtime or other perils covered by the insurance carried or required to be carried pursuant to Article 11premiums, provided that neither Landlord nor Tenant terminates this Lease as provided herein, then Landlord shall as soon as possible commence such repairpromptly proceed to make the repairs, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect, and Base Rent and additional rent shall be reduced, during the period between the casualty and completion of the repairs, in proportion to the portion of the Premises that is inaccessible or unusable during that period and which is, in fact, not utilized by Tenant. Base Rent shall not be reduced by reason of any portion of the Premises being unusable or inaccessible for a period of five (5) business days or less. If the Damage Notice states that the repairs cannot, in Landlord's estimate, be completed within the Repair Period without the payment of overtime or other premiums, then either party may, terminate this Lease is not terminated pursuant by written notice given to the provisions other within thirty (30) days after the giving of this Section 12.1, then the destruction will not Damage Notice. If either party elects to terminate this Lease, the Lease shall terminate as of the date of the occurrence of such damage or destruction and all obligations Tenant shall vacate the Premises five (5) business days from the date of Tenant under the written notice terminating the Lease. If neither party so terminates, then this Lease will shall remain in effect, except thatLandlord shall make repairs, to and Base Rent shall be proportionately reduced as set forth above during the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of period when the Premises is inaccessible or unusable and is not sufficient for the conduct of used by Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.

Insured Casualty. In If any Improvements located upon the case Real Property are destroyed or substantially damaged by a Casualty during the period following the exercise of the Option and prior to the Closing, and such damage is fully covered (except for a deductible or self-insured retention not exceeding Twenty-Five Thousand Dollars ($25,000)) by fire or other perils covered by the insurance carried by Seller (an "Insured Casualty"), and the cost of repairing or required to be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided herein, Landlord shall as soon as possible commence such repair, reconstruction and restoration of restoring the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term damaged Improvements (as it may have been extendedagreed between Buyer and Seller or as determined under Section 14.1.4) ("Restoration Costs") shall exceed One Million Dollars ($1,000,000) (the "Insured Casualty Threshold Amount"), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord Buyer shall each have the right to terminate this Lease. A party may exercise this termination right Agreement by giving Seller written notice of termination within ten (10) business days following the date of receipt of Seller's notice of the occurrence of such destruction or damage (or if a longer period of time is reasonably required to the other party determine whether a Casualty is an Insured Casualty, or to agree upon or determine Restoration Costs, within thirty five (305) business days after the date amount of Restoration Costs has been determined and Buyer has received written confirmation, in a form reasonably satisfactory to Buyer, from Seller's insurance carrier or carriers that Seller's insurance will cover such destructiondamage). If this Agreement is so terminated, then neither party shall have any further rights or obligations hereunder (except with respect to those matters expressly stated to survive such termination), the Deposit, and all interest accrued thereon, shall be returned to Buyer within two (2) business days thereafter, and each party shall bear its own costs incurred hereunder. In additionall events, Landlord however, Seller shall be entitled to retain the Option Payment. If Buyer does not elect to terminate this Agreement, or if damage to such Improvements occurs, the Restoration Costs of which are less than the Insured Casualty Threshold Amount, Buyer shall remain obligated to perform all of its obligations under this Agreement, and at Closing, Buyer shall receive a credit against the Purchase Price in the amount of any insurance proceeds collected and retained by Seller as a result of any such damage or destruction (other than proceeds of business interruption insurance), plus the amount of any applicable policy deductible (but reduced by the costs of any repairs performed by Seller with Buyer's approval, which approval shall not be unreasonably withheld), and Seller shall assign to Buyer all rights to such insurance proceeds (other than proceeds of business interruption insurance relating to periods prior to the Closing) as shall not have been collected prior to the Closing. Buyer shall have the option right to terminate this Lease participate in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt adjustment of the insurance proceeds. Notwithstanding the foregoingclaim in connection with any Casualty, Tenant may, at its election (but shall whether or not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease Casualty is not terminated pursuant to the provisions of this Section 12.1, then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 belowan Insured Casualty.

Insured Casualty. If the casualty results from a risk, the loss to Landlord from which is fully covered by insurance maintained by Landlord or for Landlord’s benefit (except for any deductible amount), it shall be an “Insured Casualty” and governed by this Paragraph 9.1(b). In such event, if the case Damage Notice states that the repairs can be completed within the Repair Period without the payment of damage by fire overtime or other perils covered by the insurance carried or required to be carried pursuant to Article 11premiums, provided that neither Landlord nor Tenant terminates this Lease as provided herein, then Landlord shall as soon as possible commence such repairpromptly proceed to make the repairs, reconstruction and restoration of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations). Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction occurs during the last year of the Term (as it may have been extended), or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises cannot be used for the same use being made thereof before such damage, then Tenant and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date of such destruction. In addition, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration of the Premises pursuant to this Article and this Lease shall remain in full force and effect, and Rent shall be reduced, during the period between the casualty and completion of the repairs, in proportion to the portion of the Premises that is inaccessible or unusable during that period and which is, in fact, not utilized by Tenant. Rent shall not be reduced by reason of any portion of the Premises being unusable or inaccessible for a period of five (5) business days or less. If the Damage Notice states that the repairs cannot, in Landlord’s estimate, be completed within the Repair Period without the payment of overtime or other premiums, then either party may, terminate this Lease is not terminated pursuant by written notice given to the provisions other within thirty (30) days after the giving of this Section 12.1, then the destruction will not Damage Notice. If either party elects to terminate this Lease, the lease shall terminate as of the date of the occurrence of such damage or destruction and all obligations Tenant shall vacate the Premises five (5) business days from the date of Tenant under the written notice terminating the Lease. If neither party so terminates, then this Lease will shall remain in effect, except thatLandlord shall make repairs, to and Base Rent shall be proportionately reduced as set forth above during the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destruction, or abated entirely if the remaining portion of period when the Premises is inaccessible or unusable and is not sufficient for the conduct of used by Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 below.

Insured Casualty. In If the case of damage Premises are damaged by fire or other perils covered by Landlord's fire and extended coverage insurance, then within 45 days after the insurer's and Landlord's written approval of the insurer's proposed insurance carried or required to be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided hereinpayment, Landlord shall as soon as possible commence such repair, reconstruction and restoration of the Premises and diligently complete such repairs, in which event this Lease shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment continue in full force and personal property or Alterations made by Tenant after the Commencement Date (unless insurance proceeds are specifically designated for and available to restore such Alterations)effect. Notwithstanding the foregoing, if (a) there is partial or total destruction of the Premises is destroyed to an extent of at least fifty percent during the last three (50%3) years of the then full replacement cost thereof as Term, Landlord and Tenant shall each have the option to terminate this Lease by written notice to the other given 30 days after such destruction; provided, however, Tenant may negate Landlord's election to terminate this Lease under this paragraph by notifying Landlord in writing within 30 days thereafter that Tenant agrees to extend the term of the date Lease for an additional five (5) years following the scheduled expiration of destructionthe Term, (b) on the destruction occurs same terms and conditions as would be in effect during the last year of the Term (as it may have been extended), or (c) except that the Premises is damaged by any peril and, because initial Minimum Annual Rent for the first year of the laws then extension term shall be the Fair Rental Value of the Premises, as determined in forceaccordance with Paragraph 2 of the Addendum, and such Minimum Annual Rent shall increase three percent (3%) per year at the Premises cannot be used for beginning of the same use being made thereof before such damage, then Tenant second and Landlord shall each have the right to terminate this Lease. A party may exercise this termination right by giving written notice to the other party within thirty (30) days after the date subsequent year of such destructionextension term. In additionIf Tenant so elects, Landlord shall have the option to terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its commence repair, reconstruction and restoration of the Premises pursuant and diligently complete same. During the period of reconstruction or repair by Landlord, Tenant shall have the right to this Article and this Lease shall remain operate its business from a trailer situated at a place in full force and effectthe Common Area to be designated by Landlord so long as such operation does not violate the terms of applicable law or the terms of any other lease of space in the Shopping Center. If this Lease is not terminated pursuant Notwithstanding anything to the contrary contained in Section 22.2, the provisions of this Section 12.1, then 22.1 shall also apply in the destruction will not terminate this Lease, and all obligations event of Tenant under this Lease will remain in effect, except that, a casualty due to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of earthquake if (a) Tenant maintains earthquake insurance for such risk and Landlord receives and approves the area of the Premises rendered unusable or inaccessible by the destruction to insurer's insurance payment, and (b) Landlord determines, in its reasonable discretion, that it is economically feasible for Landlord to repair or reconstruct the area of the Premises before the destruction, or abated entirely if the remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall not affect Tenant’s rights set forth in Section 12.3 belowShopping Center.

Insured Casualty. In the case event the Premises or a portion of damage the Building is damaged by fire or other perils covered by insured casualty, Landlord will diligently repair the same to the extent possible with the insurance carried or required proceeds received by Landlord, subject to the provisions of this Article 11 of the Lease, if such repairs can in Landlord’s opinion be carried pursuant to Article 11, provided that neither Landlord nor Tenant terminates this Lease as provided hereinmade within ninety (90) days after issuance of a building permit under the Laws. Within thirty (30) days after the occurrence of a casualty, Landlord shall as soon as possible commence deliver to Tenant a written notice stating Landlord’s opinion that the damage can be or cannot be repaired within such repairninety (90) day period. If Landlord fails to deliver such written notice within such thirty (30) day period, reconstruction it shall be conclusively deemed that Landlord’s opinion is that it cannot be repaired within such ninety (90) day period. If in Landlord’s reasonable opinion the damage can be repaired within such ninety (90) day period, this Lease will remain in full force and restoration effect, except that if such damage is not the result of the negligence or willful misconduct of Tenant or the Tenant Parties an abatement of Base Rent will be allowed Tenant for such part of the Premises and shall diligently prosecute the same to completion, but Landlord shall not be required to restore Tenant’s trade fixtures, equipment and personal property or Alterations made are rendered unusable by Tenant after in the Commencement Date (unless insurance proceeds are specifically designated for and available to restore conduct of its business during the time such Alterations)part is not utilized as a result of the casualty. Notwithstanding the foregoing, if (a) the Premises is destroyed to an extent of at least fifty percent (50%) of the then full replacement cost thereof as of the date of destruction, (b) the destruction such damage occurs during the last final year of the Term (as it may have been extended)of this Lease, or (c) the Premises is damaged by any peril and, because of the laws then in force, the Premises canLandlord will not be used for the same use being made thereof before obligated to repair such damage, then but either Landlord or Tenant and Landlord shall each have the right may elect to terminate this Lease. A party may exercise this termination right by giving Lease upon written notice given to the other party within thirty (30) days after the date of such destruction. In additionfire or other insured casualty, Landlord in which event this Lease will terminate as of the termination date specified in such notice; provided, however, Tenant shall only have the option right to so terminate this Lease in the event the Premises is damaged by any peril to such an extent that the estimated cost to restore the Premises exceeds the insurance proceeds received by Landlord by more than $250,000, which option may be exercised only by delivery to Tenant of all or a written notice of election to terminate before the 45th day after Landlord’s receipt of the insurance proceeds. Notwithstanding the foregoing, Tenant may, at its election (but shall not be obligated to), provide Landlord with funds to cover such shortfall, within thirty (30) days after Tenant’s receipt of Landlord’s termination notice, in which event Landlord shall complete its repair, reconstruction and restoration significant portion of the Premises pursuant to this Article and this Lease shall remain in full force and effect. If this Lease is not terminated pursuant to the provisions of this Section 12.1(i.e., then the destruction will not terminate this Lease, and all obligations of Tenant under this Lease will remain in effect, except that, to the extent rental interruption insurance proceeds are paid to Landlord (or would have been paid, but for Landlord’s breach of Section 11.2(a)), the Monthly Rental and Operating Expenses will be abated or reduced, between the date of the destruction and the date of completion of restoration, by the ratio of (a) the area such portion of the Premises rendered unusable or inaccessible by the destruction to (b) the area of the Premises before the destructionwhereby Tenant cannot, or abated entirely if the and does not, use any remaining portion of the Premises is not sufficient for the conduct of Tenant’s business. The foregoing shall business from the Premises) is so damaged and the repairs thereto cannot affect Tenant’s rights set forth in Section 12.3 belowreasonably be completed within ninety (90) days after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums).