Common use of Reconstruction Clause in Contracts

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereof.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more percent of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; , or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant’s personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event If the Premises are damaged by fire and rendered substantially untenantable, or other perils covered by extended coverage insuranceif the Building is damaged (regardless of damage to the Premises) or destroyed, Landlord agrees Lessor may, within ninety (90) days after the casualty, notify Lessee of Lessor's election not to forthwith repair, in which event this Lease shall terminate at the expiration of the ninetieth (90th) day. If Lessor elects to repair samethe damage or destruction, and this Lease shall remain in full force effect and effect, except that Tenant the then current Base Rent and Lessee's Percentage Share of Excess Expenses shall be entitled to a proportionate proportionately reduced during the period of repair. The reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to shall be based upon the extent to which the damage and making of such repairs shall reasonably interfere interferes with the Lessee's business carried on by the Tenant conducted in the Premises, as reasonably determined by Lessor. If All other Rentals due hereunder shall continue unaffected, and Lessee shall have no claim against Lessor for compensation for inconvenience or loss of business during any period of repair or reconstruction. Lessee shall continue the operation of its business on the Premises during any period of reconstruction or repair to the extent reasonably practicable from the standpoint of prudent business management. Upon Lessor's election to repair, Lessor shall diligently repair the damage is due to the fault extent of insurance proceeds available to Lessor. Lessor shall not be required to repair or neglect of Tenant replace, whether injured or its employeesdamaged by fire or other cause, there shall any items required to be no abatement of Rentinsured by Lessee under this Lease including Lessee's fixtures, equipment, merchandise, personal property, inventory, panels, decoration, furniture, railings, floor covering, partitions or any other improvements, alterations, additions, or property made or installed by Lessee to the Premises. In Lessee hereby waives all claims for loss or damage to the event foregoing. Lessee waives any rights to terminate this Lease if the Premises are damaged or destroyed, including without limitation any rights pursuant to the provisions of Subdivision 2 of Section 1932 and Subdivision 4 of Section 1933 of the Civil Code of California, as a result amended from time to time, and the provisions of any cause other than similar law hereinafter enacted. If the perils covered Lease is terminated by fire and extended coverage insuranceLessor pursuant to this Article 21, then Landlord shall forthwith repair the same, provided the extent unused balance of the destruction Security Deposit and any Rentals unearned as of the effective date of termination shall be refunded to Lessee. Lessee shall pay to Lessor any Rentals or other charges due Lessor under the Lease, prorated as of the effective date of termination. Notwithstanding the foregoing, if less than fifty thirty-three percent (5033%) of the then full replacement cost Rentable Area of the Premises. In Building is damaged from an insured casualty and the event insurance proceeds actually available to Lessor for reconstruction (net of costs to recover such proceeds and after all claimants thereto including lienholders have been satisfied or waive their respective claims) plus applicable deductible amounts under such insurance policies ("Net Insurance Proceeds") are sufficient to completely restore the destruction of the Premises is to fifty percent (50%) Building or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving a casualty due to a cause which is not covered by the insurance maintained by Lessor (and which would not have been so covered if Lessor had maintained the insurance required to be maintained by Lessor pursuant to this Lease) but costing less than $500,000 to repair, Lessor agrees to make such notice, reparations and continue this Lease shall expire and all interest in effect. If, upon damage of less than thirty-three percent (33%) of the Tenant Rentable Area of the Building there are not sufficient insurance proceeds actually available (when added to applicable deductible amounts) to allow Lessor to completely restore the Building, or in the Premises event of a casualty due to a cause which is not covered by the insurance maintained by Lessor (and which would not have been so covered if Lessor had maintained the insurance required to be maintained by Lessor pursuant to this Lease) but costing $500,000 or more to repair, then Lessor shall terminate on not be obligated to repair the date so specified in such notice Building and the Rent, reduced by a proportionate reduction, based upon provisions of the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, first paragraph of this Article shall be paid up to date of said such terminationcontrol. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord Lessor shall not have be permitted to terminate this Lease following casualty damage to portions of the Project other than the Premises unless Lessor also concurrently terminates the leases of all similarly affected Building tenants. Lessee shall not be entitled to any obligation whatsoever compensation or damages from Lessor for loss of the use of the whole or any part of the Premises, or for any damage to Lessee's business, or any inconvenience or annoyance occasioned by such damage, or by any repair, reconstruct reconstruction or restore restoration by Lessor, or by any failure of Lessor to make any repairs, reconstruction or restoration under this Article or any other provision of this Lease. However, notwithstanding anything to the contrary contained in this Lease, in the event of material casualty damage to the Premises when not resulting in termination of this Lease, Lessor shall deliver written notice to Lessee within ninety (90) days following such casualty damage or occurrence setting forth Lessor's good faith estimate of the damage resulting time required for completion of repair and/or restoration of the Premises, and if such estimated time exceeds two hundred seventy (270) days from the occurrence of the casualty, Lessee may elect to terminate this Lease by written notice to Lessor within fifteen (15) days following Lessee's receipt of such notice. In addition, if such repair is not substantially completed so as to permit Lessee's resumption of business from the Premises without material interference from any casualty covered under this Section occurs during uncompleted repair work within two hundred forty (240) days from the last six (6) months occurrence of the Term of casualty (or such longer period as may have been estimated in Lessor's written notice to Lessee pursuant hereto), then Lessee shall thereafter have the right to terminate this Lease or any extension thereofupon thirty (30) days prior written notice to Lessor (provided that if such repair work is so substantially completed prior to the expiration of such thirty (30) day period, then Lessee's election to terminate shall be nullified and this Lease shall continue in full force and effect).

Reconstruction. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, at Landlord's expense (except for any deductible), to substantially the same condition as existed immediately prior to such damage; and this Lease shall remain in full force and effect, except that the Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and the making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the samesame within one hundred and fifty (150) days of casualty, provided the extent of the destruction be less than fifty twenty-five percent (5025%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty an extent greater than twenty-five percent (5025%) or more of the full replacement cost, then both Tenant and Landlord shall have the option; (1) option to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant the other at any time within sixty thirty (6030) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. If neither Landlord nor Tenant terminates, then Landlord agrees to forthwith repair the damage, at Landlord's expense, to substantially the same condition as existed immediately prior to such damage; and this Lease shall remain in full force and effect, except that the Tenant shall be entitled to a proportionate reduction of the Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and the making of such repairs shall materially interfere with the business carried on by the Tenant in the Premises. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term of this Lease or any extension thereofthereof and in the event of such casualty during the last twelve (12) months of the Term of this Lease either Landlord or Tenant shall have the right to terminate this Lease by giving written notice to the other party within thirty (30) days of such casualty. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor coverings, partitions, or any other property installed in the Premises by Tenant unless covered by Landlord's insurance as part of the Building or through an endorsement to Landlord's insurance. Except for the abatement of Rent as provided in this Article 22, Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, or Tenant's personal property, unless caused by Landlord, or, subject to Article 21, any compensation or damages for inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event that the Premises are Premises, or any portion thereof, shall be damaged by fire fire, explosion, windstorm or any other perils covered by extended coverage insurancecasualty, Landlord agrees then Lessor shall repair such damage (other than damage to forthwith repair sameglass, which shall be the responsibility of Lessee as rapidly as reasonably possible, allowing sufficient time for Lessor to settle with any applicable insurer, and this Lease shall remain in full force and effect, except that Tenant Lessee shall be entitled to a proportionate reduction an equitable abatement of the Rent from the date of damage while such repairs are being madefixed minimum rent, such proportionate reduction to be based upon the extent to which the damage and Lessor's making of such repairs shall reasonably interfere with the business carried on by the Tenant Lessee in the Premises, unless Lessor shall establish that such damage was occasioned by the negligence of Lessee, its agents or employees. LESSOR INITIAL /S/ LESSEE INITIAL /S/ If by reason of fire or casualty damage to buildings in the damage is due to Shopping Center, any Lessee or other occupant occupying more than ten thousand (10,000) square feet of building area in the fault Shopping Center cancels its lease or neglect of Tenant or abandons its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurancepremises, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, Lessor nay cancel this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give by giving written notice to Tenant at any time Lessee within sixty (60) days after said Lessee or occupant occupying use then ten thousand (10,000) square feet of building area cancels its lease or abandons its premises. Notwithstanding any other provision of this Article to the contrary, if the Premises shall be damaged by any casualty which Lessor is otherwise obligated to repair, and such damage shall be to the extent of more than twenty-five percent (25%) of the value of the Premises at the tine of such damage, terminating or should such damage occur during the last twelve (12) months of the term of this lease, or should such damage be caused by a casualty not covered by standard fire and extended coverage insurance and any other insurance carried by Lessor pursuant to Article 9 and should Lessee, not elect to repair such uninsured damage at Lessee's sole cost and expense, then Lessor may, in any of such events, at its election notice to Lessee given within ninety (90) days after such damage, terminate this Lease effective as of the date specified in such notice, which date shall be no more than thirty (30) days after of the giving of such notice. In the event Lessor shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of giving such noticeany leasehold improvements, this Lease shall expire and all interest fixtures or other personal property of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, Lessee. All insurance proceeds except those allocable to which such damage interfered with the business carried on by the Tenant in the Premisesthese items, shall be paid up to date Lessor. During the period of said such termination. Notwithstanding anything any restoration and repair of casualty damage by Lessor, Lessee agrees to continue the operation of its business on the Premises to the contrary contained in this Sectionextent reasonably practical and to forthwith replace or fully repair all exterior signs, Landlord shall not have any obligation whatsoever to repairtrade fixtures, reconstruct equipment display cases or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofother installations originally installed by Lessee.

Reconstruction. In the event If the Premises are damaged by fire and rendered substantially -------------- untenantable, or other perils covered by extended coverage insuranceif the Building is damaged (regardless of damage to the Premises) or destroyed, Landlord agrees Lessor may, within ninety (90) days after the casualty, notify Lessee of Lessor's election not to forthwith repair, in which event this Lease shall terminate at the expiration of the ninetieth (90th) day. If Lessor elects to repair samethe damage or destruction, and this Lease shall remain in full force effect and effect, except that Tenant the then current Base Rent and Lessee's Percentage Share of Building Expenses shall be entitled to a proportionate proportionately reduced during the period of repair. The reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to shall be based upon the extent to which the damage and making of such repairs shall reasonably interfere interferes with the Lessee's business carried on by the Tenant conducted in the Premises, as reasonably determined by Lessor. All other Rentals due hereunder shall continue unaffected, and Lessee shall have no claim against Lessor for compensation for inconvenience or loss of business during any period of repair or reconstruction. Lessee shall continue the operation of its business on the Premises during any period of reconstruction or repair to the extent reasonably practicable from the standpoint of prudent business management. Upon Lessor's election to repair, Lessor shall diligently repair the damage to the extent of insurance proceeds available to Lessor. Lessor shall not be required to repair or replace, whether injured or damaged by fire or other cause, any item required to be insured by Lessee under this Lease including Lessee's fixtures, equipment, merchandise, personal property, inventory, panels, decoration, furniture, railings, floor covering, partitions or any other improvements, alterations, additions, or property made or installed by Lessee to the Premises, and Lessee shall be obligated to promptly rebuild or restore the same to the same condition as they were in immediately before the casualty. Lessee hereby waives all claims for loss or damage to the foregoing. Lessee waives any rights to terminate this Lease if the Premises are damaged or destroyed, including without limitation any rights pursuant to the provisions of Subdivision 2 of Section 1932 and Subdivision 4 of Section 1933 of the Civil Code of California, as amended from time to time, and the provisions of any similar law hereinafter enacted. If the Lease is terminated by Lessor pursuant to this Article 21, the unused balance of the Security Deposit and any Rentals unearned as of the effective date of termination shall be refunded to Lessee. Lessee shall pay to Lessor any Rentals or other charges due Lessor under the Lease, prorated as of the effective date of termination. Notwithstanding anything to the contrary in the foregoing, if the damage is due to the fault or neglect of Tenant Lessee, or its employeesLessee's Agents, there them shall be no abatement statement of RentBase Rent or any other Rentals. In Notwithstanding the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insuranceforegoing, then Landlord shall forthwith repair the same, provided the extent of the destruction be if less than fifty thirty-three percent (5033%) of the then full replacement cost Rentable Area of the Building is damaged from an insured casualty and the insurance proceeds actually available to Lessor for reconstruction (net of costs to recover such proceeds and after all claimants thereto including lienholders have been satisfied or waive their respective claims) ("Net Insurance Proceeds") are sufficient to completely restore the Building, Lessor agrees to make such reparations and continue this Lease in effect. If, upon damage of less than thirty-three percent (33%) of the Rentable Area of the Building there are not sufficient insurance proceeds actually available to allow Lessor to completely restore the Building, Lessor shall not be obligated to repair the Building and the provisions of the first paragraph of this Article shall control. Lessee shall not be entitled to any compensation or damages from Lessor for loss of the use of the whole or any part of the Premises. In the event the destruction of the Premises is , or for any damage to fifty percent (50%) Lessee's business, or more of the full replacement cost, then Landlord shall have the option; (1) to repair any inconvenience or restore annoyance occasioned by such damage, or by any repair, reconstruction or restoration by Lessor, or by any failure of Lessor to make any repairs, reconstruction or restoration under this Lease continuing in full force and effectArticle or any other provision of this Lease. However, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding notwithstanding anything to the contrary contained in this SectionLease, Landlord shall not have any obligation whatsoever in the event of material casualty damage to repair, reconstruct or restore the Premises when not resulting in termination of this Lease, Lessor shall deliver written notice to Lessee within ninety (90) days following such casualty damage or occurrence setting forth Lessor's good faith estimate of the damage resulting time required for completion of repair and/or restoration of the Premises, and if such estimated time exceeds two hundred seventy (270) days from the occurrence of the casualty, Lessee may elect to terminate this Lease by written notice to Lessor within fifteen (15) days following Lessee's receipt of such notice. In addition, if such repair is not substantially completed so as to permit Lessee's resumption of business from the Premises without material interference from any casualty covered under this Section occurs during uncompleted repair work within two hundred seventy (270) days from the last six (6) months occurrence of the Term of casualty (or such longer period as may have been estimated in Lessor's written notice to Lessee pursuant hereto), then Lessee shall have the right to terminate this Lease or any extension thereofupon thirty (30) days prior written notice to Lessor (provided that if such repair work is so substantially completed prior to the expiration of such thirty (30) day period, then Lessee's election to terminate shall be nullified and this Lease shall continue in full force and effect).

Reconstruction. In the event If the Premises are damaged by fire and rendered substantially untenantable, or other perils covered by extended coverage insuranceif the Building is damaged (regardless of damage to the Premises) or destroyed, Landlord agrees Lessor may, within ninety (90) days after the casualty, notify Lessee of Lessor’s election not to forthwith repair, in which event this Lease shall terminate at the expiration of the ninetieth (90th) day after the casualty. If Lessor elects to repair samethe damage or destruction, and this Lease shall remain in full force effect and effect, except that Tenant the then current Base Rent shall be entitled to a proportionate proportionately reduced during the period of repair. The reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to shall be based upon the extent to which the damage and making of such repairs shall reasonably interfere interferes with the Lessee’s business carried on by the Tenant conducted in the Premises, as reasonably determined by Lessor. All other Rentals due hereunder shall continue unaffected, and Lessee shall have no claim against Lessor for compensation for inconvenience or loss of business during any period of repair or reconstruction. Lessee shall continue the operation of its business on the Premises during any period of reconstruction or repair to the extent reasonably practicable from the standpoint of prudent business management. Upon Lessor’s election to repair, Lessor shall diligently repair the damage to the extent of insurance proceeds available to Lessor. Lessor shall not be required to repair or replace, whether damaged by fire or other cause, any items required to be insured by Lessee under this Lease, including Lessee’s fixtures, equipment, merchandise, personal property, inventory, panels, decoration, furniture, railings, floor covering, partitions or any other improvements, alterations, additions, or property made or installed by Lessee to the Premises, and Lessee shall be obligated to promptly rebuild or restore the same to the same condition as they were in immediately before the casualty, to the extent necessary to operate Lessee’s business. Lessee hereby waives all claims for loss or damage to the foregoing. Lessee waives any rights to terminate this Lease if the Premises are damaged or destroyed, including, without limitation, any rights pursuant to the provisions of Subdivision 2 of Section 1932 and Subdivision 4 of Section 1933 of the Civil Code of California, as amended from time to time, and the provisions of any similar law hereafter enacted. If the Lease is terminated by Lessor pursuant to this Article 21, the unused balance of the Security Deposit and any Rentals unearned as of the effective date of termination shall be refunded to Lessee. Lessee shall pay to Lessor any Rentals or other charges due Lessor under the Lease, prorated as of the effective date of termination. Notwithstanding anything to the contrary in this Lease, if the damage is due to the fault or neglect of Tenant Lessee or its employeesany of Lessee’s Agents, there shall be no abatement of RentBase Rent or any other Rentals. In Notwithstanding the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insuranceforegoing, then Landlord shall forthwith repair the same, provided the extent of the destruction be if less than fifty percent (50%) of the then full replacement cost rentable area of the PremisesBuilding is damaged from an insured casualty and the insurance proceeds actually available to Lessor for reconstruction (net of costs to recover such proceeds and after all claimants thereto including lien holders have been satisfied or waive their respective claims) (“Net Insurance Proceeds”) are sufficient to completely restore the Building, Lessor agrees to make such repairs and continue this Lease in effect. In the event the destruction If, upon damage of the Premises is to less than fifty percent (50%) or more of the full replacement costrentable area of the Building, then Landlord there are not sufficient insurance proceeds actually available to allow Lessor to completely restore the Building, Lessor shall have the option; (1) not be obligated to repair the Building and the provisions of the first paragraph of this Article 21 shall control. Lessee shall not be entitled to any compensation or restore damages from Lessor for loss of the use of the whole or any part of the Premises, or for any damage to Lessee’s business, or any inconvenience or annoyance occasioned by such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant at by any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct reconstruction or restore the Premises when the damage resulting from restoration by Lessor, or by any casualty covered failure of Lessor to make any repairs, reconstruction or restoration under this Section occurs during the last six (6) months of the Term Article or any other provision of this Lease or any extension thereofLease.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent an extent of ten (5010%) percent or more of the full replacement cost, cost then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding Not withstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixture, or other personal property of Tenant.

Reconstruction. In If the event the Leased Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, casualty and this Lease is not terminated in accordance with Section 9.1 hereof, then all fire and extended coverage insurance proceeds from policies carried pursuant to Section 8.1 hereof, however recovered, shall remain be held in full force escrow and effectmade available for payment of the cost of repairing, except that replacing and rebuilding the Leased Premises, the damage to the Leased Premises shall be promptly repaired, and the Minimum Rent and other charges payable by Tenant to Landlord shall be abated in proportion to the floor area of the Leased Premises rendered untenantable, and the Sales Break Point shall likewise be proportionately reduced. Payment of Minimum Rent and all other charges so abated shall commence and Tenant shall be entitled obligated to a proportionate reduction of the Rent from reopen for business sixty (60) days following the date of damage while such repairs that Landlord advises Tenant that the Leased Premises are being madetenantable and Landlord has substantially completed Landlord's Reconstruction Work, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the unless Tenant opens at an earlier time in the Premises. If the damage is due to the fault damaged area or neglect of Tenant remains open in such area following destruction or its employeesdamage, in which event there shall be no abatement or any such abatement shall terminate as of Rentthe date of Tenant's earlier reopening. Landlord shall be obligated to commence Landlord's Reconstruction Work and shall diligently pursue the completion of Landlord's Reconstruction Work and shall cause the same to be completed as soon thereafter as possible under the attendant circumstances, but in any event all such Landlord's Reconstruction Work shall be completed and the Leased Premises reopened for business within one hundred eighty (180) days following such fire or casualty. After Landlord has completed Landlord's Reconstruction Work, Tenant shall commence such Tenant's Reconstruction Work, at its expense. Tenant shall comply with all laws, ordinances and governmental rules or regulations, and shall perform all work or cause such work to be performed with due diligence and in a first-class manner. All permits required in connection with said repairs, restoration and reconstruction shall be obtained by Tenant at Tenant's sole cost and expense. Any amount expended by Tenant in excess of any insurance proceeds received by Tenant shall be the sole obligation of Tenant. the Leased Premises in accordance with the working drawings originally approved by Landlord pursuant to Exhibit C and Exhibit D or with (at Landlord's sole election) new drawings prepared by Tenant and acceptable to Landlord and Tenant. In no event shall Landlord be required to repair or replace Tenant's merchandise, trade fixtures, furnishings or equipment. If Landlord repairs or rebuilds, Tenant, at Tenant's sole cost, shall repair or replace Tenant's merchandise, trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that prior to the event the Premises are damaged damage or destruction thereof (ATenant=s Reconstruction Work@). Except as a result may be specifically set forth in this Article IX, Landlord shall not be liable or obligated to Tenant to any extent whatsoever by reason of any cause fire or other than casualty damage to the perils covered Leased Premises, or any damages suffered by fire and extended coverage insuranceTenant by reason thereof, then Landlord shall forthwith repair or the same, provided the extent deprivation of Tenant's possession of all or any part of the destruction be less than fifty percent (50%) of the then full replacement cost of the Leased Premises. In the event the destruction Landlord has not commenced restoration or rebuilding of the Leased Premises is to fifty percent within ninety (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant at any time within sixty (6090) days after such damage, terminating this Lease as of the date specified in of such noticefire or casualty loss, which date shall be no more than thirty or diligently proceeded to complete such restoration or rebuilding so that the Leased Premises are restored/rebuilt to its former condition prior to such fire or casualty loss within one hundred eighty (30180) days after of the giving date of such notice. In fire or casualty loss, Tenant will have the event of giving such noticeright, in either case, to terminate this Lease shall expire by providing Landlord notice of such election and all interest of Tenant will vacate and surrender the Tenant in the Leased Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, pursuant to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereof17.1.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effectaffect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) per cent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more per cent of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above provided hereinabove in this Section providedArticle 23; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to the date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle 23, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under in this Section Article 23 occurs during the last six twenty-four (624) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent and other amounts otherwise payable under this Lease from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above provided hereinabove in this Section providedArticle; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to the date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under in this Section Article occurs during the last six twenty four (624) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

Reconstruction. In the event the Leased Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees forthwith to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent base rent from the date of damage while until such repairs are being made, substantially completed; such proportionate reduction to shall be based upon the extent to which the damage and making of such repairs shall reasonably interfere with Tenant’s use and occupancy of the business carried on by the Tenant in the Leased Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Leased Premises are damaged as a result of any a cause other than the perils covered by standard fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty ten percent (5010%) of the then full replacement cost of the Leased Premises. In the event the destruction damage of the Leased Premises is not due to fifty the perils or covered by standard fire and extended coverage insurance or is to an extent of ten percent (5010%) or more of the full replacement cost, cost then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent base rent to be proportionately reduced as herein above in this Section Article provided; or (2) to give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no not more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Leased Premises shall terminate on the date so specified in such notice and the Rentbase rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with Xxxxxx’s use and occupancy of the business carried on by the Tenant in the Leased Premises, shall be paid up to the date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Leased Premises when the damage resulting from any casualty covered under this Section occurs during the last six Article which would cost $50,000 or more occurs, so long as Landlord makes such election within sixty (660) months days of the Term date of the casualty loss. In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Leased Premises shall terminate on the date so specified in such notice and the base rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with Xxxxxx’s use and occupancy of the Leased Premises, shall be paid up to the date of said termination. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any extension thereofrepairs or replacements of any leasehold improvements, fixtures, or other personal property belonging to Tenant or its members, licensees, tenants, subtenants, employees, guests or agents.

Reconstruction. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, the same to substantially the same condition as existed immediately prior to such damage; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and the making of such repairs shall reasonably materially and adversely interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the samesame within one hundred and fifty (150) days of casualty, provided the extent of the destruction be less than fifty ten percent (5010%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty an extent greater than ten percent (5010%) or more of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above hereinabove in this Section Paragraph provided; or (2) give notice to Tenant at any time within sixty thirty (6030) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Sectionparagraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section paragraph occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereofthereof and in the event of such casualty during the last twelve (12) months of the term of this Lease, and Landlord shall have the right to terminate this Lease by giving written notice to Tenant within thirty (30) days of such casualty. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor coverings, partitions, or any other property installed in the Premises by Tenant unless covered by Landlord’s insurance as part of the Building. Except as otherwise expressly authorized hereunder, Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or Tenant’s personal property.

Reconstruction. In the event the Premises PREMISES or the Building Complex or which the PREMISES are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord LANDLORD agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant TENANT shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant TENANT in the PremisesPREMISES. If the damage is due to the fault or neglect of Tenant TENANT or its employees, there shall be no abatement of Rentrent. ________/_________ Version 31 Jan 2006 In the event the Premises PREMISES or the Building of which the PREMISES are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord LANDLORD shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above in this Section Article provided; or (2) give notice to Tenant TENANT at any time within thirty (30) and no more than sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant TENANT in the Premises PREMISES shall terminate on the date so specified in such notice and the Rentrent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant TENANT in the PremisesPREMISES, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionLANDLORD, Landlord shall not have be required to repair any obligation whatsoever injury or damage by fire, or other cause, to any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the PREMISES by TENANT. TENANT shall not be entitled to any compensation or damages from LANDLORD for loss of the use of the whole or any part of the PREMISES, TENANT’S personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruct reconstruction, or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofrestoration.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord Lessor agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant Lessee shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant Lessee in the Premises. If the damage is due to the fault or neglect intentional misconduct of Tenant Lessee or its employees, there shall be no abatement of rent. Notwithstanding anything to the contrary above, in the event Landlord is unable to collect under its "Loss of Rent" insurance provision, there shall be no abatement of Lessee's rent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord Lessor shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more percent of the full replacement cost, then Landlord Lessor shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant Lessee at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant Lessee in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant Lessee in the Premises, shall be paid up to date the time of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord Lessor shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Lessor shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Lessee. The Lessee shall not be entitled to any compensation or damages from Lessor for loss of the use of the whole or any part of the premises. Lessee's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration. Notwithstanding the above, in the event of damage to the Premises or the Building, which cannot be repaired within three hundred sixty-five (365) days from the date of such damage, Lessee may terminate this Lease with thirty (30) days written notice.

Reconstruction. In the event the Premises are damaged by fire tire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent Minimum Rent, Adjustments or other charges from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Minimum Rent, Adjustments, or other charges. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent an extent of ten (5010%) percent or more of the full replacement cost, cost then Landlord shall have the option; option to (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, Adjustments and other charges reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid by Tenant up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or to its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) per cent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more per cent of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after such damage terminating this Lease as of the date specified in such notice, which date shall be no less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of such said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be Should less than fifty percent (50%) of the then full replacement cost of replacement of Tenant's building space on the Premises. In Demised Premises be destroyed by fire or any other casualty covered by a standard extended coverage endorsement after the event the destruction commencement of the Lease, Landlord shall promptly restore the same or cause the same to be restored without unnecessary delay; provided, however, that if the Demised Premises is should be damaged to the extent of more than fifty percent (50%) or more of the full cost of replacement costthereof, then Landlord or Tenant may elect to terminate this lease, within ninety (90) days thereafter, by giving the other written notice of their intent to terminate, failing which, the lease shall have the option; (1) to repair or restore such damage, this Lease continuing remain in full force and effect, but and Landlord shall promptly restore the Rent same or cause the same to be proportionately reduced restored without unnecessary delay. During any period commencing upon the date of such damage or destruction and ending upon the "date or reoccupancy of Tenant," the Annual Minimum Rental and any other charges payable under this Lease (other than Percentage Rental) shall abatx xx the proportion that the part of Tenant's buildings which shall be untenantable shall bear to the whole. The term "date of reoccupancy by Tenant," as herein above used herein, shall be the first to occur of the following two dates: (a) the date upon which Tenant shall reopen for business in this Section provided; that part of Tenant's buildings rendered untenantable by such damage or destruction, or (2b) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving date of such notice. In the event of giving such notice, this Lease shall expire and all interest completion of the Tenant in the Premises shall terminate on the date so specified in such notice repairs, rebuilding and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date restoration required of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofherein.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insuranceLandlord’s Property Insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which loss of leasable area of the Premises caused by such damage and the making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premisesrepairs. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage Landlord’s property insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; , which it must elect within sixty (160) days of said casualty to (i) repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above provided hereinabove in this Section providedArticle 23; or (2ii) not restore, in which event either Landlord or Tenant may give notice to Tenant at any time within sixty thirty (6030) days after such damageLandlord’s notification that it will not restore, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such said notice. In the event of giving such termination notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such of said notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premisesas set forth above, shall be paid up to the date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle 23, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under in this Section Article 23 occurs either (a) to greater than fifty percent (50%) of the total square footage of the Building or (b) to greater than twenty percent (20%) of the Center or, (c) during the last six twelve (612) months of the Term of this Lease or any extension thereof. If Landlord elects not to restore (which election shall be made within sixty (60) days of said casualty), as provided in the preceding sentence, Landlord or Tenant may terminate this Lease as of the date of such notice to terminate, and in such event the Term shall expire as provided in said notice and all rents shall be apportioned through the date of said termination. Landlord shall not be required to repair to make any repairs or replacements of any Tenant Improvements, or Tenant’s Contents.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent an extent of ten (5010%) percent or more of the full replacement cost, cost then Landlord shall have the option; (121) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

Reconstruction. In the event the Premises of the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insuranceInsurance, then the Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50ten percent(10%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent (50an extent greater than ten percent(10%) or more of the full replacement cost, then the Landlord shall have the option; option (1) to repair or restore such damage, this Lease continuing in full force and effect, effect but the Rent rent to be proportionately reduced as herein above hereinabove in this Section the Article provided; , or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more than less then thirty (30) and not more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rentrent, reduced by a proportionate reduction, amount based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Sectionthe Article, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In If all or any portion of the event the Leased Premises are is damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, casualty and this Lease shall remain is not terminated in full force and effectaccordance with Section 9.01 hereof, except that Tenant then the damage to the Leased Premises shall be entitled to a proportionate reduction repaired promptly upon receipt of the Rent from the date of damage while such repairs are being madeinsurance proceeds therefor, such proportionate reduction to be based upon the extent to which but in any event within six (6) months following the damage or destruction (exclusive of events set forth in Article XVI herein) and making of such repairs the rent and Sales Break Point shall reasonably interfere with the business carried on by the Tenant be reduced in the Premises. If the damage is due proportion to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent floor area of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Leased Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such terminationrendered unusable. Notwithstanding anything to the contrary contained herein, in the event that Tenant has not achieved Gross Sales in the amount of or exceeding the Sales Break Point set forth in Section 2.03 of the Data Summary, the Sales Break Point shall not be reduced until Tenant achieves said sales. Payment of full rent shall commence and Tenant shall be obligated to reopen all of the Leased Premises for business on the fifteenth (15th) day following the date that Landlord advises Tenant that the Leased Premises are usable, unless Tenant opens at an earlier time in the damaged area or remains open in such area following destruction or damage, in which event there shall be no reduction or any such reduction shall terminate as of the date of Tenant's earlier reopening. Landlord shall be obligated to cause such repairs to be made except that Landlord shall have the option to cause Tenant to repair and reconstruct the improvements to the Leased Premises originally provided by Tenant, in which event Tenant shall commence performance of its work within ten (10) days following notice from Landlord that it has completed repairs required of Landlord, shall diligently pursue the completion of such work and shall cause the same to be completed as soon thereafter as possible, but in any event within thirty (30) days following the substantial completion of Landlord's work. In the event of such repair and reconstruction by Tenant, Landlord shall make available to Tenant for such purpose such portion of any insurance proceeds received by Landlord from its insurance carrier, under the policy carried pursuant to Section 8.01 of this Lease, allocated by Landlord to such of Tenant's improvements. Such allocation shall be in Landlord's reasonable discretion unless Tenant has designated in writing to Landlord in advance of such fire or casualty a reasonable replacement value of its improvements. In the event of any such repair or reconstruction by Tenant, an architect duly registered in the State shall be selected by Landlord and shall direct the payment of such insurance proceeds, which shall be payable to Tenant only upon receipt by Landlord of certificates of said architect stating that the payments specified therein are properly payable for the purpose of reimbursing Tenant for expenditures actually made by Tenant in connection with such work. At the election of Landlord or Landlord's mortgagee, direct payments may be made to contractors, material suppliers and laborers upon written certification by said architect that such payments are due and payable. Any such insurance proceeds in excess of Tenant's actual expenditures in restoring the damage or destruction shall belong to Landlord. In making repairs, restoration or reconstruction, Tenant, at its expense, shall comply with all laws, ordinances and governmental rules or regulations, shall perform all work or cause such work to be performed with due diligence and in a first-class manner, and shall obtain all necessary permits. Any amount expended by Tenant in excess of such insurance proceeds received by Landlord and made available to Tenant shall be the sole obligation of Tenant. The party who shall actually repair or reconstruct Tenant's improvements to the Leased Premises shall do so in accordance with Tenant's Working Drawings and Specifications originally approved by Landlord pursuant to Exhibit D hereof or in accordance with subsequent working drawings and specifications previously approved by Landlord, or, at Landlord's sole election, with new drawings prepared by Tenant and acceptable to Landlord. In no event shall Landlord be required to repair or replace Tenant's merchandise, trade fixtures, furnishings and equipment except if said repairs, replacement, damage or deprivation of possession is caused by the negligence or willful misconduct of Landlord, its agents, contractors or employees. Except as may be specifically set forth in this SectionArticle IX, Landlord shall not have be liable or obligated to Tenant to any obligation extent whatsoever by reason of any fire or other casualty damage to repairthe Leased Premises, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension damages suffered by Tenant by reason thereof., or the deprivation of

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the square footage of the devised premises which is rendered unsuitable for occupancy by Tenant the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty an extent of ten percent (5010%) or more of the full replacement cost, then Landlord shall have the option; option to (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease lease as of the date specified in such notice, which date shall be no not more than thirty (30) days after the giving of such notice. In the event of giving of such notice, DB DG -------- ------ LANDLORD TENANT this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the square footage of the devised Premises which is rendered unsuitable for occupancy by Tenant. The extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereof.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty ten percent (5010%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty be an extent greater than ten percent (5010%) or more of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, any to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the premises, Tenant’s personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, the same to substantially the same condition as existed immediately prior to such damage; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and the making of such repairs shall reasonably materially and adversely interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the samesame within one hundred and fifty (150) days of casualty, provided the extent of the destruction be less than fifty ten percent (5010%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty an extent greater than ten percent (5010%) or more of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above hereinabove in this Section Paragraph provided; or (2) give notice to Tenant at any time within sixty thirty (6030) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Sectionparagraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section paragraph occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereofthereof and in the event of such casualty during the last twelve (12) months of the term of this Lease, and Landlord shall have the right to terminate this Lease by giving written notice to Tenant within thirty (30) days of such casualty. If the Premises or the Building are substantially damaged by fire or casualty and such damage cannot, in the ordinary course, reasonably be expected to be repaired within one hundred eighty (180) days from the date of such casualty, then Tenant shall have the right to terminate this Lease by giving notice of Tenant’s election so to do within sixty (60) days after the occurrence of such casualty. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor coverings, partitions, or any other property installed in the Premises by Tenant unless covered by Landlord’s insurance as part of the Building. Except as otherwise expressly authorized hereunder, Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or Tenant’s personal property.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent an extent of ten (5010%) percent or more of the full replacement cost, cost then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

Reconstruction. In the event of a partial or total destruction of the Premises are damaged -------------- Building and if the damage thereto was caused by fire a casualty covered under an insurance policy maintained pursuant to the Section entitled "Insurance," Landlord shall, to the extent the proceeds of such insurance policy available to Landlord equal or other perils covered by extended coverage insuranceexceed the cost of repairing such damage and, Landlord agrees to forthwith the extent such repair samecan be completed, in Landlord's sole but reasonable judgment, within six (6) months of the occurrence of the casualty, repair such damage as soon as reasonably possible and this Lease shall remain continue in full force and effect. In the event that the Building is partially or totally damaged by any willful act of Tenant, Tenant shall repair such damage at Tenant's cost, if insurance proceeds are not available to pay the cost of such repairs. If the cost of repairing any damage to the Building is greater than the proceeds of the insurance policy maintained pursuant to the Section entitled "Insurance" (or if sufficient insurance proceeds are not available for any reason whatsoever, including the application of such proceeds to the mortgage debt by Landlord's mortgagee), or if in Landlord's reasonable judgment the repairs cannot be completed within six (6) months of the occurrence of the casualty, then Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2ii) give written notice to Tenant at any time within sixty (60) days after the date of the occurrence of such damage, terminating damage of the termination of this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after of the giving occurrence of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such terminationdamage. Notwithstanding anything to the contrary contained in this SectionSection 12.1, Landlord shall not have any obligation whatsoever if the casualty materially interferes with Tenant's ability to repair, reconstruct or restore conduct its business operations at the Premises when for more than 90 days following the damage resulting from any casualty covered under this Section occurs during casualty, Tenant shall have the last six (6) months right to terminate the lease by delivery of written notice to Landlord prior to the Term of this Lease or any extension thereof100th day following the casualty.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such . Such proportionate reduction to be based upon on the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty ten percent (5010%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty an extent greater than ten percent (5010%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above provided for in this Section providedthe preceding Paragraph; or (2) give notice to Tenant at any time within no less than thirty (30) days and no more than sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) days and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rentrent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury of damage of fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any other compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees and if Lessor elects at his sole option, to forthwith repair sameor rebuild and shall in writing give Lessee thirty (30) days written notice of such intention, and this Lease shall remain in full force and effect, except that Tenant then Lessee shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such . Such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant Lessee in the Premises. If the damage is due to the fault or neglect of Tenant Lessee or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premisesrent. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more percent of the full replacement costcost or is caused by a peril not covered by insurance, then Landlord then, in either event, Lessor shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above in this Section article provided; : or (2) give notice to Tenant Lessee at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall not be no more less than thirty (30) days and not more than sixty (60) days after the giving filing of such notice. .** In the event of giving such notice, this Lease shall expire and all interest of the Tenant Lessee in the Premises shall terminate on the date so specified in such notice and the Rentrent, reduced by a proportionate reduction, amount based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant Lessee in the Premises, shall be paid up to the date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereof**SEE ADDENDUM.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten per cent (5010%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten per cent (5010%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, the same to substantially the same condition as existed immediately prior to such damage; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and the making of such repairs shall reasonably materially and adversely interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the samesame within one hundred and fifty (150) days of casualty, provided the extent of the destruction be less than fifty thirty percent (5030%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty an extent greater than thirty percent (5030%) or more of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above hereinabove in this Section Paragraph provided; or (2) give notice to Tenant at any time within sixty thirty (6030) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Sectionparagraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section paragraph occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereofthereof and in the event of such casualty during the last twelve (12) months of the term of this Lease, and Landlord shall have the right to terminate this Lease by giving written notice to Tenant within thirty (30) days of such casualty. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor coverings, partitions, or any other property installed in the Premises by Tenant unless covered by Landlord’s insurance as part of the Building. Except as otherwise expressly authorized hereunder, Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or Tenant’s personal property. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils covered by extended coverage insurance, and Landlord has not ‘terminated the lease as defined above or has not restored the building within 10 (ten) months, Tenant shall have the right to give notice to Landlord at any time terminating this Lease no less than thirty (30) days after the giving of such notice.

Reconstruction. In the event the Premises are damaged by fire tire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent Minimum Monthly Rent, Adjustments or other charges from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Minimum Monthly Rent, Adjustments, or other charges. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent an extent of ten (5010%) percent or more of the full replacement cost, cost then Landlord shall have the option; option to (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Monthly Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; : or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, Minimum Monthly Rent Adjustments and other charges reduced by a proportionate reduction, based upon the extent, if if’ any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid by Tenant up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by tire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insuranceInsurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making makings of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) per cent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more per cent of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no less than thirty (30) and no more than thirty sixty (30) days after the giving of such notice. In the event of giving such notice, this Lease lease shall expire and all interest Interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, any to which such damage materially interfered with the business carried on by the Tenant in In the Premises, shall be paid up to date of to said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereofthereof Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property Installed In the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this (his Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date xxxx of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the (he business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord Tenant shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent an extent of ten (5010%) percent or more of the full replacement cost, cost then the Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the (he giving of such notice. In the event of giving such notice, this Lease shall expire and all interest Interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, . to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof.. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by fire and extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) per cent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater then ten (5010%) or more per cent of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materiality interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the premises, Tenant’s personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration. Notwithstanding the foregoing, Tenant has the option to terminate the Lease if more than 20% of the premises are rendered unuseable by destruction for more than 30 days after the date on which the damage occurred.

Reconstruction. In the event the Premises or the Building are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Basic Rent from or the date of damage prevailing Adjusted Basic Rent, as the case may be, while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrentals. In the event the Premises or the Building or a part thereof are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) per cent of the then full replacement cost of the PremisesPremises or the Building. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more per cent of the full replacement cost, then Landlord shall have the option; option (1i) to repair or restore such damage, damage with this Lease continuing in full force and effect, but with the Rent rentals to be proportionately reduced as herein above hereinabove provided in this Section provided; Article, or (2ii) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rentrentals, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant as hereinabove provided in the Premisesthis Article, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct reconstruct, or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration.

Reconstruction. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, the same to substantially the same condition as existed immediately prior to such damage; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and the making of such repairs shall reasonably materially and adversely interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the samesame within one hundred and fifty (150) days of casualty, provided the extent of the destruction be less than fifty twenty percent (5020%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty an extent greater than twenty percent (5020%) or more of the full replacement cost, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above hereinabove in this Section Paragraph provided; or (2) give notice to Tenant at any time within sixty thirty (6030) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Sectionparagraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section paragraph occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereofthereof and in the event of such casualty during the last twelve (12) months of the term of this Lease, and Landlord shall have the right to terminate this Lease by giving written notice to Tenant within thirty (30) days of such casualty. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor coverings, partitions, or any other property installed in the Premises by Tenant unless covered by Landlord's insurance as part of the Building. Except as otherwise expressly authorized hereunder, Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or Tenant's personal property.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by a fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty ten percent (5010%) of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty an extent greater than ten percent (5010%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, Rent reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be reductions based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) percent of the then full replacement cost of the PremisesPremises of the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to an extent greater than fifty percent (50%) or more percent of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have be required to repair any obligation whatsoever injury or damage by fire or other cause, or to repairmake any repairs or replacements of any panels, reconstruct decoration, office fixtures, railings, floor covering, partitions, or restore any other property installed in the Premises when by Tenant. In the damage resulting from event of any casualty covered under dispute between Landlord and Tenant with respect to this Section occurs during paragraph, the last six (6) months matter shall be settled by arbitration in such a manner as the parties may agree upon, or if they cannot agree, in accordance with the rules of the Term of this Lease or any extension thereofAmerican Arbitration Association.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result result. of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures or other personal property of Tenant.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such repairs are being made, such proportionate reduction reductions to be based upon the extent to which the damage damages and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent an extent of ten (5010%) percent or more of the full replacement cost, cost then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Minimum Rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if any, any to which such damage interfered with the business carried on by the Tenant in the Premises, Premises shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) twenty-four months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant. In the event that fifty (50) percent or more of the rentable area of the Shopping Center shall be damaged or destroyed by fire or other cause, notwithstanding that the Premises may be unaffected by such fire and other cause, Landlord shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to Tenant, the term of this Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord.

Reconstruction. In the event the Premises or the Building are damaged by fire or other perils covered by extended coverage Landlord’s insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If Except to the extent covered by rental insurance held by Landlord, if the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building are damaged as a result of any cause other than the perils covered by fire and extended coverage Landlord’s insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be is less than fifty percent ten (5010%) per cent of the then full replacement cost of the PremisesBuilding of which the Premises are a part. In the event the destruction of the Premises is or the Building are damaged as a result of any cause other than the perils covered by Landlord’s insurance to fifty percent an extent equal to or greater than ten (5010%) or more per cent of the full replacement costcost of the Building, then Landlord shall have the option; : (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, amount based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six (6) months of the Term term of this Lease or including any extension thereof, and the cost to repair such damage which exceeds $20,000. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant’s personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration. If the Premises are damaged by any and Landlord does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then Tenant shall have the option to terminate the Lease if the Premises cannot be, or are not in fact, fully restored by Landlord to their prior condition within one hundred eighty (180) days after the damage.

Reconstruction. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils covered by extended coverage "special form" casualty insurance, Landlord agrees to forthwith repair same, the same to substantially the same condition as existed immediately prior to such damage; and this Lease shall remain in full force and effect, except that the Tenant shall be entitled to a proportionate an equitable reduction of the Rent from the date of damage while such repairs are being made, such . Such proportionate reduction to be based upon the extent to which the damage and the making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In rent unless the event the Premises are damaged as a result of any cause other than the perils damage is covered by fire and extended coverage "special form" casualty insurance, then Landlord shall forthwith repair . If the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction restoration of the Premises or the Building is not likely to fifty percent (50%) be completed, or more is not completed, within 180 days after the date of the full replacement costcasualty, then Landlord the Tenant shall have the option; (1) right to repair or restore such damage, terminate this Lease continuing in full force without liability. Landlord shall give Tenant at least 30 days prior notice of the date when the Premises would be restored and effect, but the Rent delivered to be proportionately reduced Tenant. During any period of rent abatement or reduction as herein above described in this Section provided; 22, it is agreed and understood that such rent abatement or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of reduction shall commence on the date specified in which the Premises or portion thereof are subjected to such notice, which damage or casualty and continue until the later of (a) the date shall be no more than that is thirty (30) days after the giving date that Landlord provides notice to Tenant of the repair and restoration of the Premises or (b) the date on which the Premises are restored and possession of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, is delivered to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofTenant.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) per cent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more per cent of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section Article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of in the Monthly Rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rentrent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, same provided the extent of the destruction be less than fifty percent twenty-five (5025%) percent of the then full replacement cost of the Premises. In the event event, the destruction of the Premises is to fifty percent an extent of twenty-five (5025%) percent or more of the full replacement cost, cost then Landlord shall have the option; (1) to repair or to restore such damage, this Lease continuing in full force and effect, but the Monthly Rent to be to be proportionately reduced as herein above hereinabove in this Section article provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such terminationexpire. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section article occurs during the last six twenty-four (624) months of the Term term of this Lease or any extension thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any leasehold improvements, fixtures, or other personal property of Tenant.

Reconstruction. In the event Except as provided below, if the Premises are damaged by fire or other perils cause covered by extended coverage Landlord's property insurance, Landlord agrees to forthwith repair the same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Minimum Rent and Additional Rent from the date of damage while such until the repairs are being made, such completed. The proportionate reduction to shall be based upon the extent to which the such damage and making of such repairs shall reasonably interfere materially interferes with the business carried on by the Tenant in the Premises. If Landlord shall have the damage is due option either to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event repair and rebuild the Premises or to terminate this Lease as provided herein if the Premises or any other portion of the Building are damaged damaged: (a) as a result of any cause other than the perils not covered by fire Landlord's insurance; (b) and extended coverage insurance, then Landlord shall forthwith insurance proceeds are insufficient to fully pay for repair the same, provided or restoration; (c) to the extent of the destruction be less more than fifty twenty-five percent (5025%) of the then full complete replacement cost thereof; (d) such that the repair or restoration thereof, in Landlord's opinion, cannot be completed within six (6) months of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2e) give notice during the last twelve (12) months of the Lease Term. Landlord shall exercise its option to Tenant terminate this Lease by giving to Tenant, at any time within sixty (60) days after such the damage, terminating written notice of its election to terminate this Lease as of the a date specified in such the notice, which . The termination date specified shall not be no more less than thirty (30) nor more than sixty (60) days after the giving date of such the notice. In If Landlord fails to give notice within said sixty (60) days, it shall be deemed to have elected to repair or restore the event of giving such noticedamage. If Landlord terminates this Lease as provided, this Lease shall expire and all interest of the Tenant in the Premises shall automatically terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Landlord's notice. Neither party shall have Landlord Initials: ______ Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereof.Initials: ______

Reconstruction. In the event the Premises or the Property of which the Premises area part are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, the same and this Lease shall remain in full force and effecteffect provided however, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant tenant or its employees, there shall be no abatement of Rentrent and Tenant shall pay all costs and expenses of repair in excess of insurance proceeds received by Landlord for such damage. In the event the Premises or the Property of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then the Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (50%) 10%)percent of the then full replacement cost of the PremisesPremises or the Property of which the Premises area part. In the event the destruction of the Premises or the Property is to fifty percent an extent greater than ten (5010%) or more percent of the full replacement costcost or the destruction of the Premises or the Property in the last twelve (12) months of the Lease Term, then the Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above in this Section hereinabove provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more than less then thirty (30) and not more then sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have be required to repair any obligation whatsoever injury Or damage by fire or other cause, or to make any repairs or replacements to any Improvements installed by Tenant including, without limitation, any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by Tenant. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruct reconstruction or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofrestoration.

Reconstruction. In Should less than fifty (50%) percent of the event cost of replacement of Tenant’s building space on the Demised Premises are damaged be destroyed by fire or any other perils casualty covered by a standard extended coverage insuranceendorsement after the commencement of this Lease, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of promptly restore the Rent from same or cause the date of damage while such repairs are being made, such proportionate reduction same to be based upon restored without unnecessary delay; provided, however, that if the extent Demised Premises should be damaged to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less more than fifty percent (50%) of the then full replacement cost of replacement thereof, Landlord or Tenant may elect to terminate this lease, within ninety (90) days thereafter, by giving the Premises. In other written notice of their intent to terminate, failing which, the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord lease shall have the option; (1) to repair or restore such damage, this Lease continuing remain in full force and effect, but and Landlord shall promptly restore the Rent same or cause the same to be proportionately reduced restored without unnecessary delay. During any period commencing upon the date of such damage or destruction and ending upon the “date of reoccupancy of Tenant,” the Annual Minimum Rental and any other charges payable under this Lease (other than Percentage Rental) shall xxxxx in the proportion that the part of Tenant’s buildings which shall be untenantable shall bear to the whole. The term “date of reoccupancy by Tenant”, as herein above used herein, shall be the first to occur of the following two dates: (a) the date upon which Tenant shall reopen for business in this Section provided; that part of Tenant’s buildings rendered untenantable by such damage or destruction, or (2b) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving date of such notice. In the event of giving such notice, this Lease shall expire and all interest completion of the Tenant in the Premises shall terminate on the date so specified in such notice repairs, rebuilding and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date restoration required of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofherein.

Reconstruction. In the event the Premises or the Building are damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage all rent payable hereunder while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and and/or the making of such repairs shall reasonably materially interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or and neglect of Tenant or its his employees, there shall be no abatement of Rentrent. In the event the Premises or the Building are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty ten percent (5010%) of the then full replacement cost of the Premisesbuilding in which the Premises are located. In the event the destruction of the Premises or the Building by a peril not covered by fire and extended coverage insurance is to fifty an extent greater than ten percent (5010%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent to be proportionately reduced as herein above in this Section provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice notice. If the Premises of the Building are damaged as a result of any cause other than the perils covered by fire and the Rentextended coverage insurance, reduced by and whether or not Landlord elects to repair or restore such damage or to terminate this Lease as herein provided, Tenant shall be entitled to a proportionate reduction, reduction of all rent payable hereunder to be based upon the extentextent to which the damage and the making of such repairs, if any, to which such damage interfered shall materially interfere with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this SectionArticle, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises (1) when the damage resulting from any casualty covered under this Section Article occurs during the last six twelve (612) months of the Term extended term of this Lease, if any extended term there is; or (2) when the damage resulting from any casualty covered under this Article occurs during the last twelve (12) months of the original term of this Lease unless Tenant, within ten (10) days following Landlord's notice to Tenant of Landlord's election not to repair such damage, exercises Tenant's option to renew. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration,, office fixtures, railings, floor covering, partitions, or any extension thereofother property which is installed in the Premises by Tenant. Except as otherwise provided in this Article, Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration, except as caused by Landlord, Landlord's agents or employees.

Reconstruction. In the event the Premises or the Building of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, Landlord County agrees to forthwith repair the same, ; and this Lease shall remain in full force and effect, except that Tenant MCC shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably materially interfere with the business carried on by the Tenant MCC in the Premises. If the damage is due to the fault or neglect of Tenant MCC or its employees, there shall be no abatement of Rentrent. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord County shall forthwith repair the same, provided the extent of the destruction be less than fifty percent ten (5010%) percent of the then full replacement cost of the PremisesPremises or the Building of which the Premises are a part, and provided that the rent to be proportionately reduced as hereinabove in this Section provided. In the event the destruction of the Premises or the Building is to fifty percent an extent greater than ten (5010%) or more percent of the full replacement cost, then Landlord County shall have the option; (1l) to repair or restore such damage, this Lease continuing in full force and effect, but the Rent rent to be proportionately reduced as herein above hereinabove in this Section provided; or (2) give notice to Tenant MCC at any time within sixty (60) days after such damage, damage terminating this Lease as of the date specified in such notice, which date shall be no more less than thirty (30) and no more than sixty (60) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant MCC in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reductionamount, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant MCC in the Premises, shall be paid up to the time of such termination. In case County shall fail to complete such repairs within one hundred eighty (180) days from the date of said such terminationdamage, MCC may at any time after such one- hundred eighty (180) day period give County thirty (30) days’ notice in writing of termination of this Lease, then at the expiration of such thirty day period, this Lease shall terminate as completely as if that were the date fixed for expiration of the term of this Lease unless, County shall have substantially completed repairs prior to the expiration of such thirty day period. Notwithstanding anything to the contrary contained in this Section, Landlord County shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six twelve (612) months of the Term of this Lease or any extension thereof. County shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railings, floor covering, partitions, or any other property installed in the Premises by MCC. MCC shall not be entitled to any compensation or damages from County for loss of the use of the whole or any part of the Premises. MCC's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruction or restoration.

Reconstruction. In the event the Premises are damaged by fire or other damage the premises perils covered by extended coverage insurance, Landlord agrees to forthwith repair same, and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as a result of any cause other than the perils covered by Landlord's fire and extended coverage insurance, then the Landlord shall: ● Within ninety (90) days thereafter, commence repair, reconstruction and restoration of said premises and prosecute the same diligently to completion, in which event this Lease shall forthwith repair continue in full force and effect; or ● In the sameevent of a partial or total destruction of the premises during the last one year of the term hereof, provided or of any option exercised by Tenant, Landlord and Tenant shall each have the option to terminate this Lease upon giving written notice to the other within thirty (30) days after such destruction. For purposes of this paragraph, "partial destruction" shall be deemed destruction to the extent of the destruction be less than fifty at least thirty-three and one-third (33 & 1/3) percent (50%) of the then full replacement cost of the Premisespremises as of the date of destruction. In the event the destruction premises shall be damaged as a result of any flood, earthquake, act of war, nuclear radiation or radioactive contamination, or from any other casualty not covered by Landlord's fire and extended coverage insurance, to any extent whatsoever, the Premises is to fifty percent Landlord may within sixty (50%60) or more days following the date of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damage, commence repair, reconstruction or restoration of said premises and prosecute the same diligently to completion in which event this Lease continuing shall continue in full force and effect, but the Rent or within said sixty-day period elect not to be proportionately reduced as herein above so repair, reconstruct or restore said premises in this Section provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating which event this Lease as shall cease and terminate. In either such event Landlord shall give the Tenant written notice of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such noticeits intention within said sixty-day period. In the event of giving repair, reconstruction and restoration as herein provided, the minimum annual rental provided to be paid under Article III hereof shall be abated proportionally with the degree in which the Tenant's use of the premises is impaired, commencing from the date of destruction and continuing during the period of such noticerepair, this Lease reconstruction or restoration. The Tenant shall expire continue the operation of its business on the premises during any such period to the extent reasonably practicable from the standpoint of prudent business management; and all interest the obligation of the Tenant hereunder to pay additional rental shall remain in the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the effect. Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have be entitled to any obligation whatsoever to compensation or damages from Landlord for loss of use of the whole or any part of the premises, or the building on which the premises are a part, Tenant's personal property or any inconvenience or annoyance occasioned by such damage, repair, reconstruct reconstruction or restore the Premises when the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofrestoration.

Reconstruction. In the event of damage or destruction of the Building or the Premises during the Term by fire, the elements or casualty, Landlord shall forthwith repair the same, provided (i) that such repairs are damaged by fire or other perils fully covered by extended coverage insurance, Landlord agrees insurance proceeds which are paid to forthwith repair sameLandlord, and (ii) that such repairs can be made, in the Landlord's opinion, within ninety (90) days under the laws and regulations of State, County, Federal or Municipal authorities. Such damage or destruction shall in no way annul or void this Lease shall remain in full force and effectLease, except that Tenant shall be entitled to a proportionate reduction of the Rent from the date of damage rent while such repairs are being made, such proportionate reduction to be based upon the extent Cat the Premises, or part thereof, may be un-tenantable and for the period that said Premises, or part thereof, may be un-tenantable. If (i) such repairs are not fully covered by insurance proceeds which are paid to which Landlord, or (ii) in the damage and making Landlord's opinion, such repairs cannot be made within ninety (90) days, Landlord may, at its option (to be exercised within forty-five (45) days from the date of such repairs shall reasonably interfere with damage or destruction), make the business carried on by the Tenant in the Premises. If the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Rent. In the event the Premises are damaged as same within a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than fifty percent (50%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is to fifty percent (50%) or more of the full replacement cost, then Landlord shall have the option; (1) to repair or restore such damagereasonable time, this Lease continuing in full force and effect, but the Rent to be effect and rent being proportionately reduced as herein provided above in this Section provided; or (2) give notice to Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such noticeSection. In the event of giving that Landlord does not so elect to make these latter described repairs, or if such noticerepairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. Tenant shall expire be entitled to a proportionate reduction of basic rent only with respect to un-tenantable conditions within the Premises which are not caused by Tenant, and all interest no such rent reduction shall be allowed by reason of inconvenience, annoyance or injury to Tenant's business because of such damage or destruction, or the necessity of repairing any portion of the Building, or the making of such repairs, and Landlord shall not be liable to Tenant in because of such inconvenience, annoyance or injury. For the Premises shall terminate on the date so specified in such notice and the Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date purpose of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when or a part thereof shall be deemed to have been rendered "un-tenantable" if it is not reasonably subject to occupation by Tenant for the purpose for which the Premises or part thereof was being used prior to the damage resulting from any casualty covered under this Section occurs during the last six (6) months of the Term of this Lease or any extension thereofdestruction.