Common use of Partial Damage to Property Clause in Contracts

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Tenant maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) under the insurance policies. If Landlord elects to terminate this Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property occurs during the last six (6) months of the Lease Term, Landlord may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage.

Partial Damage to Property. (a) Tenant shall notify Landlord in writing immediately upon the occurrence of any material damage to the Property. If the Property is only partially damaged (i.e., less than fifty percent (50%) of the Property is untenantable as a result of such damage or less than fifty percent (50%) of Tenant's operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect (but is not required) to repair any damage to Tenant's fixtures, equipment, or improvements. (b) If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph 4.04(b), Landlord may elect either to (ai) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (bii) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, damage whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair terminate the damage, Tenant shall pay Landlord the "deductible amount" (if any) under the insurance policies. If Landlord elects to terminate this Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, that upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. (c) If the damage to the Property occurs during the last six (6) months of the Lease TermTerm and such damage will require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In The party electing to terminate this Lease shall give written notification to the other party of such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of Tenant's notice to Landlord of the occurrence of the damage. Section 7.02.

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the damage was due to a cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair the damage as soon as reasonably possible, possible in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay Landlord the he "deductible amount" (if any) under the Landlord's insurance policies, and, if the damage was due to an act or omission of Tenant, Tenant shall pay the difference between the actual cost of repair and any insurance proceeds received by Landlord. If Landlord elects to terminate this the Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property occurs during the last six (6) months of the Lease Term, Landlord may elect to terminate this Lease as of the date the damage occurred, occurred regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage.

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Tenant maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) under the Tenant's insurance policies, and if the damage was due to an act or omission of Tenant, Tenant will pay the difference between the actual cost of repair and any insurance proceeds received by Landlord. If Landlord elects to terminate this Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property occurs during the last six (6) months of the Lease Term, Landlord may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage.

Partial Damage to Property. (a) Tenant shall notify Landlord in writing immediately upon the occurrence of any material damage to the Property. If the Property property is only partially damaged (i.e., less than fifty percent (50%) of the Property is untenantable as a result of such damage or less than fifty percent (50%) of Tenant's operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b(See Insert 7.01(a)) are sufficient to pay for the necessary repairs, repairs (clause (i) and (ii) above being herein together referred to as "Applicable Insurance") this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect (but is not required) to repair any damage to Tenant's fixtures, equipment, or improvements. (b) If the insurance proceeds received by Landlord under clause 7.01(a)(ii) above are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance Applicable Insurance policies which Tenant maintains under Paragraph 4.04(b), Landlord may elect either to (ai) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (bii) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, damage whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) up to $10,000 under the Landlord's insurance policies, if the damage was due solely to an act or omission of Tenant, or Tenant's employees, agents, contractors or invitees. If Landlord elects to terminate this Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, that upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. (c) If the damage to the Property occurs during the last six (6) months of the Lease TermTerm and such damage will require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In The party electing to terminate this Lease shall give written notification to the other party of such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of Txxxxx's notice to Landlord of the occurrence of the damage. Section 7.02.

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the damage was due to a cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair the damage as soon as reasonably possible, possible in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the LeaseLease and if Landlord elects to repair the damage it shall commence repair within ninety (90) days of the notice and complete repairs within one hundred twenty (120) days of the start of construction. If Landlord Landlord, elects to repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) under the Landlord's insurance policies, and, if the damage was due to an act any insurance proceeds received by Landlord. If Landlord elects to terminate this the Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property occurs during the last six (6) months of the Lease Term, Landlord may elect to terminate this Lease as of the date the damage occurred, occurred regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage.

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence discovery of any substantial damage to the Property. If the Property is only partially damaged (i.e., less than fifty percent (50%) of the Property is untenantable as a result of such damage or less than fifty percent (50%) of Tenant’s operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Paragraph Section 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect (but is not required) to repair any damage to Tenant's ’s fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, repair or if the cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph Section 4.04(b), Landlord may elect either to (ai) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (bii) terminate this Lease as of the date the damage occurred; provided, however, Tenant may, at its sole option, elect to pay for the amount not covered by insurance proceeds in which case Landlord’s termination will be void and Landlord will thereafter diligently commence restoration of the Property upon receipt of Tenant’s payment for such additional amount to repair the damage not covered by insurance proceeds. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, damage whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damagedamage and if the damage was due to an act or omission of Tenant, or Tenant’s employees, agents, contractors or invitees, Tenant shall will pay Landlord the "deductible amount" amount (if any) under and the difference between the actual cost of repair and any insurance policiesproceeds received by Landlord (if any). If Landlord elects to terminate this the Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, located when Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten thirty (1030) days after receiving Landlord's ’s termination notice. If the damage to the Property occurs during the last six (6) months of the Lease TermTerm and such damage will require more than thirty (30) days to repair, Landlord Tenant may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In The party electing to terminate this Lease shall give written notification to the other party of such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of Tenant’s notice to Landlord of the occurrence of the damage.. Initials (Multi-Tenant Gross Form 3/12/12) Initials

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and and, subject to the rights of any mortgagee in such insurance proceeds, if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall commence the repair of the damage as soon as reasonably possiblewithin ninety (90) days after the date of such partial destruction. Landlord may elect to repair any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the damage was due to a cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph 4.04(b), Landlord may elect either to (a) commence the repair of the damage as soon as reasonably possiblewithin ninety (90) days, in which case this Lease shall remain in full force and effect, or (b) move Tenant to another comparable space within the Project, provided that Landlord pays for all of Tenant's costs associated with said move, or (c) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects the damage was due to an act or omission of Tenant, the difference between the actual cost of repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) under the and any insurance policiesproceeds received by Landlord. If Landlord elects to terminate this the Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property occurs during the last six (6) months of the Lease Term, Landlord may elect to terminate this Lease as of the date the damage occurred, occurred regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage.the

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair any damage to Tenant's fixtures, equipment, equipment or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the damage was due to a cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair the damage as soon as reasonably possible, possible in which case this Lease shall remain in full force and effect, or (b) if Tenant has not otherwise elected to pay the difference between the cost of repairs and the amount of insurance proceeds or to repair the Property, terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Leasedamage. If Landlord elects to repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) under the Landlord's insurance policies, and, if the damage was due to an act or omission of Tenant, the difference between the actual cost of repair and any insurance proceeds received by Landlord. If Landlord elects does not give notice of intention to terminate this Leaserepair the damage within thirty (30) days, then Tenant may elect to continue this Lease repair the damage by notifying Landlord in full force and effectwriting within thirty (30) days of the intention to do so. If Tenant notifies Landlord of the intention to repair the damage, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord that Tenant shall deliver be entitled to Tenant any insurance proceeds received by Landlord for the damage repaired by TenantTenant at the time such proceeds are received by Landlord. If neither Landlord not Tenant exercises the option to repair the damage, this Lease shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination noticeterminate. If the damage to the Property occurs during the last six (6) months of the Lease Term, as same may be extended pursuant to Section 2.05, Landlord may elect to terminate this Lease as of the date the damage occurred, occurred regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage.Initials ----- -----

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and if (i) it can, in Landlord's reasonable estimation, be restored within twelve (12) months after the date of damage (including both restoration of core and shell and restoration of any Tenant Improvements that are Tenant's responsibility under this Article Seven) and (ii) the damage is covered by the insurance policies that Landlord maintains or is required to maintain under Paragraph 4.04(b), then: (i) Landlord shall restore the office and warehouse portions of the Property to the then-existing building standard finish levels (as that term is used in the leasing industry) for office and warehouse space in WRC Canyon Park Business Center buildings, and restore the laboratory space to core finish ready for tenant improvements, with utility stub outs comparable to those existing prior to the damage; and (ii) to the extent Tenant's insurance plus its deductible is insufficient to restore Tenant's improvements, furniture, fixtures and equipment, then Landlord shall restore Tenant's improvements, furniture, fixtures and equipment to the extent of insurance proceeds received by Landlord from the specifically for damage to such improvements, furniture, fixtures and equipment under insurance policies described in Paragraph maintained by Landlord pursuant to Section 4.04(b) are sufficient to pay ). Tenant shall be solely responsible for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair restoring any damage to Tenant's improvements, furniture fixtures, and equipment, or including any upgrades to building standard and laboratory improvements. If , to the insurance proceeds received extent they are not restored by Landlord are not sufficient to pay under this Article Seven. In all cases in which Landlord is restoring the entire cost of repairProperty under this Article Seven, or if the cause damage was due to an act or omission of the damage is not covered by the insurance policies which Tenant maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damageTenant, Tenant shall pay Landlord the "deductible amount" (if any) under difference between the insurance policies. If Landlord elects to terminate this Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the actual cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant repair and any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property is such as to require Landlord otherwise to restore the Property, but occurs during the last six at such time as to leave, in Landlord's reasonable estimation, less than twelve (612) months of remaining in the Lease TermTerm following completion of all restoration, Landlord may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this LeaseProperty. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage, and Tenant shall have fifteen (15) days after such notification to exercise any rights Tenant may have to Renewal Options under this Lease so as to remove this ground for termination of the Lease (in which event, the termination shall be deemed rescinded).

Partial Damage to Property. Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) Insurance Policies are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. To the extent that funds are made available to Landlord may elect to repair by Tenant, Landlord shall assist Tenant in repairing any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Tenant maintains under Paragraph 4.04(b)Insurance Policies, Landlord may elect either to (a) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty sixty (3060) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) under the Insurance Policies, and, if the damage was due to an act or omission of Tenant, the difference between the actual cost of repair and any insurance policiesproceeds received by Landlord. If Landlord elects to terminate this Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Property; provided, however, that Landlord makes insurance proceeds available to Tenant shall pay the cost of for such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property occurs during the last six one (61) months year of the Lease TermTerm or any Extension, Landlord may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to 20 repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty sixty (3060) days after receipt of notice of the occurrence of the damage.

Partial Damage to Property. Tenant (a)Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged (i.e., less than fifty percent (50%) of the Property is untenantable as a result of such damage or less than fifty percent (50%) of Tenant's operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as is reasonably possible. Landlord may elect (but is not required) to repair any damage to Tenant's fixtures, equipment, or improvements. If (b)If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph 4.04(b), Landlord may elect either to (ai) repair the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (bii) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, damage whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects to repair the damage, Tenant shall pay Landlord the "deductible amount" (if any) under Landlord's insurance policies and, if the damage was due to an act or omission of Tenant, or Tenant's employees, agents, contractors or invitees, the difference between the actual cost of repair and any insurance policiesproceeds received by Landlord. If Landlord elects to terminate this the Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is located. Tenant shall pay the cost of such repairs, except that, that upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If (c)If the damage to the Property occurs during the last six (6) months of the Lease TermTerm and such damage will require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. In The party electing to terminate this Lease shall give written notification to the other party of such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of Tenant's notice to Landlord of the occurrence of the damage. Section 0.00.

Partial Damage to Property. Tenant shall notify -------------------------- Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged so that the damage can be repaired within ninety (90) days after Tenant's notice, or if in the reasonable judgment of Tenant the Property remains substantially usable to Tenant for the intended purposes of the Lease, and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) 4.3(b), if any, are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are Property damage cannot sufficient be repaired within ninety (90) days after Tenant's notice and if in the reasonable judgment of Tenant the Property does not remain substantially usable to pay Tenant for the entire cost of repair, or if the cause intended purposes of the damage is not covered by the insurance policies which Lease, either Landlord or Tenant maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair terminate the damage as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. , and in either event Landlord shall notify Tenant within thirty (30) retain all insurance proceeds. days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the Lease. If Landlord elects or is obligated to repair the damagedamage and the damage was due to an act or omission of Tenant, Tenant shall pay Landlord upon demand the "deductible amount" (if any) under difference between the actual cost of repair and the insurance policiesproceeds received by Landlord. If Landlord elects to terminate this the Lease, Tenant may elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property and any building in which the Property is locatedProperty. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of such election within with ten (10) days after receiving Landlord's termination notice. If the damage to the Property occurs during the last six (6) months of the Lease TermTerm and cannot be repaired within forty-five (45) days after Tenant's notice of the damage, Landlord may elect to terminate this Lease as of the date the damage occurred, occurred regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election within thirty (30) days after receipt of notice of the occurrence of the damage.

Partial Damage to Property. Tenant shall notify Landlord in ----------------------------------------- writing immediately upon the occurrence of any damage to the PropertyPremises. For purposes of this Lease, partial damage shall be defined to include destruction of or damage to the Premises, the repair of which would cost 33-1/3% or less of the replacement cost. If the Property is Premises are only partially damaged and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect to repair any damage to Tenant's fixtures, equipment, or improvements. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the damage was due to a cause of the damage is not covered by the insurance policies which Tenant Landlord maintains under Paragraph 4.04(b), Landlord may elect either to (a) repair the damage as soon as reasonably possible, possible in which case this Lease shall remain in full force and effect, or (b) terminate this Lease as of the date the damage occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the damage, whether Landlord elects to repair the damage or terminate the this Lease. If Landlord elects to repair the damagedamage and if the damage was due to an act or omission of Tenant, Tenant shall pay Landlord upon demand the "deductible amount" (if any) under difference between the actual cost of repair and any insurance policiesproceeds received by Landlord. If Landlord elects to terminate this Leaselease, Tenant may way elect to continue this Lease in full force and effect, in which case Tenant shall repair any damage to the Property Premises and any building in which the Property is Premises are located. Tenant shall pay the cost of such repairs, except that, upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Disbursement of insurance proceeds shall be according to the same terms and procedures provided under Section 7.02. Tenant shall give Landlord landlord written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Property Premises occurs during the last six (6) months of the Lease Term, Landlord may elect to terminate this Lease as of the date the damage occurred, occurred regardless of the sufficiency of any insurance proceeds. In such event, 13 13 Landlord shall not be obligated to repair or restore the Property Premises and Tenant shall have no right to continue this Lease. Landlord shall notify Tenant of its election election, within thirty (30) days after receipt of notice of the occurrence of the damage.