Common use of Landlord's Obligation to Repair and Reconstruct Clause in Contracts

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident accident, or other casualty (any of such causes being referred to herein as a "Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall, subject to the provisions of Section 12.2., promptly cause such damage to be repaired, and there shall be no abatement of Rental. If, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2Section 12.2., Landlord shall cause such damage to be repairedrepaired and provided such damage is not caused by the negligence of Tenant, including Tenant Improvements and Alterationsits agents, to the extent insurance proceeds are paid to Landlordconcessionaires, and the Annual Basic Rent and Additional Rent officers, employees, contractors, licensees or invitees, all rental (but not other any Additional Rent Rental due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) ), shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth hereinin this Lease. Landlord shall not be liable for interruption to Tenant's business business, or for damage to to, or replacement replacement, or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture, equipment, and other property removable by Tenant under the provisions of this Lease) or replacement of any leasehold improvements made by Tenant, all of which replacement damage, replacement, or repair shall be undertaken and completed by TenantTenant promptly. Notwithstanding anything to the contrary provided in this Lease, at Tenant's expense. If any obligation of Landlord hereunder to restore the Premises Premises, or any other part of the Building, shall be damaged limited to such reconstruction as can be financed by Casualtysuch insurance proceeds as shall actually be received by Landlord, but free and clear from collection by any Mortgagees and after deducting the Premises shall not be --- thereby rendered wholly or partially untenantablecost and expense, Landlord shall promptly cause such damage to be repaired and there shall be no abatement including attorneys' fees, if any, of rent reserved hereundersettling with the insurer.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "“Casualty"”), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's ’s use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2Subsection 17.2 of this Lease, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's ’s failure to perform any of its obligations hereunder or by reason of Landlord's ’s having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's ’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to or replacement or repair of Tenant's ’s Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's ’s expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rental. If, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2Section 14.2, Landlord shall cause such damage to be repairedrepaired and, including Tenant Improvements and Alterationsprovided such damage is not caused by the negligence of Tenant, to the extent insurance proceeds are paid to Landlordits agents, and the Annual Basic Rent and Additional Rent concessionaires, officers, employees, contractors, licensees or invitees, all Rental (but not other than any Additional Rent Rental due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of the Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Notwithstanding the foregoing, if all such damage is not completely repaired to the point that the Premises are again rendered tenantable within 180 days after the date of the casualty, then Tenant may elect to terminate this Lease by giving to Landlord notice of such election within ninety (90) days after the expiration of the 180 day period. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Premises, all of which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2Section 14.2, Landlord shall in a reasonably prompt manner cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject ; but Landlord shall not be required to the availability of insurance proceeds and Tenant's responsibilities set forth herein. perform any work beyond that described in Schedule B. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Premises by or on behalf of Tenant, all of which damage, replacement or repair shall be undertaken and completed by TenantTenant promptly. If, at as the result of Casualty, the Premises are rendered partially or totally untenantable, Annual Basic Rental, Tenant's expense. If Occupancy Charge and Additional Rental shall be abated proportionately as to the portion of the Premises rendered untenantable and continuing to be untenantable, and the Breakpoint shall be damaged by Casualty, but proportionately reduced until the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderare tenantable.

Landlord's Obligation to Repair and Reconstruct. If the Premises shall be damaged by a Casualty but the Premises shall not be thereby rendered wholly or partially untenantable, then Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2Subsection 16.2, Landlord shall cause such damage to be repaired, including Tenant Improvements repaired and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic all Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject but Landlord shall not be required to perform any work within the Premises beyond that described and constructed by Landlord prior to the availability of insurance proceeds and Tenant's responsibilities set forth hereinCommencement Date as Leasehold Improvements. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal PropertyProperty or to any Alterations, all of which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "“Casualty"”), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all Rent, except for that rent reserved due Landlord by reason of Tenant’s failure to perform any of its obligations hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty casualty, including damages or casualties of war (any of such causes being referred to herein as a "Casualty"), but the Premises shall not thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rental. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, then subject to the provisions of subsection 17.2Section 13.B., Landlord shall cause such damage to be repaired, including Tenant Improvements repaired and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional all Rent (but not other than any Additional Rent due to Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantabilityuntenantablity. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Premises by or on behalf of Tenant, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly. Tenant acknowledges notice that (1) Landlord shall not obtain insurance of any kind on Tenants furniture, furnishings; equipment or fixtures, alterations, improvements and additions, (2) it is Tenant, 's obligation to obtain such insurance at Tenant's expense. If the Premises shall be damaged by Casualtysole cost and expense and restore or repair all of such items, but the Premises and (3) Landlord shall not be --- thereby rendered wholly obligated to repair any damage thereto, replace the same or partially untenantable, Landlord shall promptly cause such damage otherwise do any work thereto except as set forth in this subsection 13.A. with respect to be repaired and there shall be no abatement of rent reserved hereunderthose improvements insured with the Leasehold Improvement Insurance.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent Untenantable, as to preclude Tenant's use of the Premises for the purposes originally intended)hereinafter defined, then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent proceeds of insurance (including proceeds of insurance from the State Insurance Trust Fund) are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of proceeds of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. For purposes of this Lease, the Premises shall be deemed "Untenantable" if Tenant is unable to use the Premises for the purposes originally intended. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's Tenants responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "“Casualty"”), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's ’s use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's ’s failure to perform any of its obligations hereunder or by reason of Landlord's ’s having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantabilityuntenantability (provided if the remaining usable portion of the Premises is such that Tenant cannot operate its business therein, Tenant shall receive an abatement of all the Rent due hereunder to the extent Tenant does not use all of the Premises). All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's ’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to or replacement or repair of Tenant's ’s Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's ’s expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, then Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as the result of such Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2Subsection 16.2, Landlord shall cause such damage to be repaired, including Tenant Improvements repaired and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional all Rent (but not other than any Additional Rent due Landlord either by reason because of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject but Landlord shall not be required to perform any work within the availability of insurance proceeds Premises beyond that described in Section 4 and Tenant's responsibilities set forth hereinwhich were constructed by Landlord as Leasehold Improvements. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any Alterations installed in the Premises by or on behalf of Tenant pursuant to Subsection 10.4 or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "“Casualty"”), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired. If, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.210.2 and provided such Casualty has not resulted from the gross negligence or willful misconduct of Tenant or Tenant’s Agents, Landlord shall cause such damage to be repaired, including Tenant Improvements repaired and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic all Rent and Additional Rent reserved hereunder (but not other than any Additional Rent due Landlord either by reason of Tenant's ’s failure to perform any of its obligations hereunder or by reason of Landlord's ’s having provided to Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable or unusable for Tenant’s business during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's ’s responsibilities set forth hereinin this Lease. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to or replacement or repair of Tenant's ’s Personal Property, all of which replacement or repair shall be undertaken Property and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderAlterations.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rental. If, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2Section 14.2, Landlord shall cause such damage to be repairedrepaired and, including Tenant Improvements and Alterationsprovided such damage is not caused by the negligence of Tenant, to the extent insurance proceeds are paid to Landlordits agents, and the Annual Basic Rent and Additional Rent concessionaires, officers, employees, contractors, licensees or invitees, all Rental (but not other than any Additional Rent Rental due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable TENANT /s/ MP LANDLORD /s/ DPW during the period of such untenantability. All such repairs shall be made at the expense of the Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Premises, all of which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of premises shall be damaged by fire,, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualtycasualty"), provided not caused by or attributable to any act or omission of Tenant, its servants, employees, agents, invitees, and the Premises like, but the premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rental or additional rental. If, as the result of casualty, the premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2Section 13.2, Landlord shall cause such damage to be repaired, including Tenant Improvements repaired and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent all rental (but not any Additional Rent other than additional rental due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises premises rendered untenantable untenantable, during the period of such untenantability. All such repairs shall be made at the expense of the Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this lease) or to any leasehold improvements installed in the premises by Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "“Casualty"”), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent reserved hereunder. If, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2Section 16.2, Landlord shall cause such damage to be repaired, including Tenant Improvements repaired and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic all Rent and Additional Rent reserved hereunder (but not other than any Additional Rent due Landlord either by reason of Tenant's ’s failure to perform any of its obligations hereunder or by reason of Landlord's ’s having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's ’s responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's ’s business or for damage to or replacement or repair of Tenant Improvements, Tenant's ’s Personal PropertyProperty or Alterations, all of which damage, replacement or repair shall be undertaken and completed by TenantLandlord, at Tenant's ’s expense. If Notwithstanding the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantableforegoing, Landlord shall promptly cause such damage make commercially reasonable efforts to be repaired and there shall be no abatement avoid disruption of rent reserved hereunderTenant’s business.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "“Casualty"”), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Leased Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord’s control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 14.B., Landlord shall cause such damage to be repaired and all rent, except for that rent reserved due Landlord by reason of Tenant’s failure to perform any of its obligations hereunder, shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. Such repairs shall be made at the expense of Landlord. Landlord shall not be liable for interruption to Tenant’s business or for damage to, or replacement or repair of, Tenant’s personal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, If as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection Section 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as "a "Casualty"), but the Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Rent. If, as a result of Casualty, the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2, Section 16.2 Landlord shall cause such damage to be repaired, including Tenant Improvements repaired and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional all Rent (but not other than any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs Landlord's obligation to repair shall be made at the expense of Landlord, subject limited to the availability construction of insurance proceeds the structure, demising walls, roof, slab and Tenant's responsibilities set forth hereinutility services as originally provided. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor covering, furniture and other property removable by Tenant under the provisions of this Lease or to any leasehold improvements installed in the Premises by Tenant all of which Which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Demised Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), but the Demised Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of Gross Rent. If, as the result of Casualty, the Demised Premises shall be rendered wholly untenantable for a period less than sixty (60) days or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to Landlord's option to terminate the provisions of subsection 17.2Lease, as set forth in this Section below, Landlord shall cause such damage to be repairedrepaired and, including Tenant Improvements and Alterationsprovided such damage is not caused by the negligence of Tenant, to the extent insurance proceeds are paid to Landlordits agents, and the Annual Basic Rent and Additional concessionaires, officers, employees, contractors, licensees or invitees, all Gross Rent (but not other than any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Demised Premises rendered untenantable during the period of such untenantability. If, as a result of a casualty not caused by Tenant's negligence as described above, the Demised Premises are rendered wholly untenantable and Tenant is unable to use the Demised Premises for Tenant's Proposed Use for a period more than sixty (60) days, Tenant shall have the right to terminate the Lease Agreement upon thirty (30) days prior written notice to Landlord. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Demised Premises, all of which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, Alterations to the extent of Landlord’s insurance proceeds are paid to Landlordfor such items,, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If such damage is not fully repaired within six (6) months after the date of the Casualty, Tenant may cancel this Lease without liability by giving Landlord notice within thirty (30) days’ after the expiration of such six-month period. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as the result ----------------------------------------------- of fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), the Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended), then, subject to the provisions of subsection 17.2, Landlord shall cause such damage to be repaired, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent Tenant's Share of Increased Operating Costs (but not any Additional Rent amounts due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be abated proportionately as to the portion of the Premises rendered untenantable during the period of such untenantability. All such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to or replacement or repair of Tenant's Personal Property, all of which replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunder.

Landlord's Obligation to Repair and Reconstruct. If, as If the result ----------------------------------------------- of Leased Premises shall be damaged by fire, the elements, accident or other casualty (any of such causes being referred to herein as a "Casualty"), but the Leased Premises shall not be thereby rendered wholly or partially untenantable, Landlord shall promptly (due allowance being made for delay which may arise by reason of adjustment of loss under insurance policies and for reasonable delays due to causes beyond Landlord's control such as strikes, weather, acts of God, etc.) cause such damage to be repaired and there shall be no abatement of rent. If, as the result of a Casualty, the Leased Premises shall be rendered wholly or partially untenantable (damaged to such an extent as to preclude Tenant's use of the Premises for the purposes originally intended)untenantable, then, subject to the provisions of subsection 17.2Section 14.B., Landlord shall cause such damage to be repairedrepaired and all Rent, including Tenant Improvements and Alterations, to the extent insurance proceeds are paid to Landlord, and the Annual Basic Rent and Additional Rent (but not any Additional Rent except for that rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) , shall be abated proportionately as to the portion of the Leased Premises rendered untenantable during the period of such untenantability. All such Such repairs shall be made at the expense of Landlord, subject to the availability of insurance proceeds and Tenant's responsibilities set forth herein. Landlord shall not be liable for interruption to Tenant's business or for damage to to, or replacement or repair of of, Tenant's Personal Propertypersonal property (including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease) or to any leasehold improvements installed in the Leased Premises by or on behalf of Tenant or otherwise, all of which damage, replacement or repair shall be undertaken and completed by Tenant, at Tenant's expense. If the Premises shall be damaged by Casualty, but the Premises shall not be --- thereby rendered wholly or partially untenantable, Landlord shall promptly cause such damage to be repaired and there shall be no abatement of rent reserved hereunderTenant promptly.