Common use of Uninsured Loss Clause in Contracts

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of the Premises, 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; or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage, in which event this Lease shall terminate as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restoration

Uninsured Loss. Subject If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord's insurance coverage, or Landlord's insurance carrier has not determined whether insurance proceeds from Landlord's insurance will be made available to the provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay Landlord for the cost purpose of repairs repairing the Leased Premises within ninety (90) days after such damage, then Landlord shall have the option to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of the Premises, Landlord may at Landlord's option either (i) repair or restore such damage as soon as reasonably possible at Landlord's expenseforthwith, in which event this Lease shall continue in full force and effect, but the Base Rent and Other Charges shall be proportionately reduced as provided in Section 18.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give written notice to Tenant within of the termination of this Lease as of the date specified in such notice, which date shall be no less than thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the occurrence Leased Premises shall end on the date so specified in such notice and the Base Rent and Other Charges, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such damage termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of Landlord's intention to cancel and terminate this Lease as to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the occurrence damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of such damagedamage to substantially complete, in which event then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall terminate continue in full force and effect, subject to abatement of Rent as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs provided in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restorationSection 18.1 above and this Section 18.2.

Uninsured Loss. Subject If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord’s insurance coverage or if the insurance proceeds are not sufficient to the provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay for cover the cost of repairs to repairs, Landlord shall forthwith repair the extent such same provided the cost exceeds of repair is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord’s insurance coverage, or if the insurance proceeds actually received by from Landlord’s insurance are not made available to Landlord for the Landlord and Landlord has used reasonable efforts purpose of repairing the Leased Premises, or, if the cost of repair is equal to collect such proceeds which damage prevents Tenant from making any substantial use or greater than ten percent (10%) or more of the replacement cost of the Leased Premises, then Landlord may at Landlord's shall have the option either to (i) repair or restore such damage as soon as reasonably possible at Landlord's expensedamage, in which event this Lease shall continue in full force and effecteffect but the Rent and Additional Rent shall be proportionately reduced as provided in Section 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give written notice to Tenant within of the termination of this Lease as of the date specified in such notice, which date shall not be less than thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of notice. If such damagenotice is given, in which event this Lease shall terminate as and all interest of Tenant in and to the Leased Premises shall end on the date of so specified in such notice and the occurrence Rent and Additional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restorationtermination.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 paragraphs 9.4 and 18.5, below9.5, if at any time during the Term term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant or its agents, contractors or invitees (in which event Tenant shall make the repairs at Tenant's expense) provided), however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of using the Premises, 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; , or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence Landlord has actual knowledge of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel or terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall terminate continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such 10-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restoration.

Uninsured Loss. Subject If damage to the provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which Premises that is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damageoccurs, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense) providedexpense and this Lease shall continue in full force and effect but subject to Lessors ??? under Paragraph 13), however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of the Premises, Landlord Lessor may at LandlordLessor's option either option, either: (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect; , or (ii) give written notice to Tenant Lessee within thirty (30) days after the date receipt by Lessor of knowledge of the occurrence of such damage of LandlordLessor's intention desire to cancel and terminate this Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, in which Lessee shall have the right within ten (10) days after receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage totally at Lessee's expense and without reimbursement from Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following Lessee's said commitment. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible and the required funds are available. In the event Lessor gives Lessee notice of Lessor's intent to terminate the Lease as set forth in 9.3(ii) hereof ("Termination Notice"), Lessee (in addition to, or in lieu of Lessee's other rights in this paragraph 9.3) shall have the right to purchase the Premises from Lessor at the greater of (a) Two Million Five Hundred Thousand Dollars ($2,500,000), or (b) the Premises' then fair market value in its damaged condition. Lessee shall provide Lessor notice within ten (10) days of the date receipt of Lessor's Termination Notice that Lessee intends to exercise its option to purchase the Premises ("Notice to Purchase"). Lessor and Lessee shall, within thirty (30) days of Lessor's receipt of the occurrence of Notice to Purchase, attempt to agree upon a fair market value for the Premises. If the parties cannot agree upon a market value (but Lessor asserts that such damage. However, if Tenant at its option value is willing to pay the cost of repairs in excess of $2,500,000), then the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement fair market value of the repairs or restorationPremises shall be determined by real estate appraiser(s), all of whom shall be members of the American Institute of Real Estate Appraisers and who have at least five (5) years' experience appraising industrial and/or research and development space located in the vicinity of the Premises and shall act in accordance with the following procedures:

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 Sections 13.4 and 18.5, below13.5, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided), however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any causes substantial use interference with the normal conduct of the PremisesTenant's business, 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; , or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord (except, as otherwise expressly provided below), in which event this Lease shall terminate continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant timely gives such notice and effects such repairs, landlord shall, within a reasonable time after Tenant's written request therefor, reimburse Tenant up to a maximum of $10,0.00 toward Tenants out-of-pocket-expenses incurred in repairing such damage, provided-that (a) Tenant; is not then in Default hereunder, and (b) the reimbursement request is accompanied by copies of receipts or invoices evidencing prior payment of the expense items covered by the reimbursement request. If Tenant does not give such notice within such ten-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restoration.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 paragraphs 9.4 and 18.5, below9.5, if at any time during the Term term of this Lease there is damage which that is not an Insured Loss and which that falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's its expense) provided), however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of using the Premises, Landlord may at Landlord's ’s option either (i) repair such damage as soon as reasonably possible but in any event, within ninety (90) days (provided if the time required to repair such damage exceeds ninety (90) days, so long as Landlord is diligently pursuing such repair, Landlord shall have all the time necessary to complete such repair), at Landlord's ’s expense, in which event this Lease shall continue in full force and effect; , or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's ’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord’s intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from Landlord, in which event this Lease shall terminate continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restoration.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 and 18.5, below, if If at any time during the Term term of this Lease Sublease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay for the cost of repairs destruction to the extent such cost exceeds insurance proceeds actually received Subleased Premises or the Common Use Facilities that is an Uninsured Loss which prevents Sublessee from using the Subleased Premises or makes it uneconomical for Sublessee to use or operate from the Subleased Premises or Common Use Facilities (as determined by the Landlord and Landlord has used Sublessee in its reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of the Premisesdiscretion), Landlord then either Sublessor or Sublessee may at Landlord's its 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; or (ii) give written notice to Tenant the other within thirty (30) days after the date of the occurrence of such damage or destruction of Landlordthe delivering party's intention to cancel or terminate this Sublease as of the date of the occurrence of such damage or destruction. If neither party terminates this Sublease within such thirty (30) day period, then Sublessor shall repair such damage or destruction as soon as reasonably possible at Sublessor's expense, in which event this Sublease shall continue in full force and effect during such repair and restoration (except that, the Rent payable hereunder shall be proportionately reduced to account for the impact of the damage or destruction, and/or the repair or restoration activities, on the business and/or operations of the Sublessee at and from the Subleased Premises). In the event that, under the circumstances described hereinabove, Sublessor elects to give such notice of Sublessor's intention to cancel and terminate this Lease Sublease, Sublessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Sublessor of Sublessee's intention to repair such damage at Sublessee's expense, without reimbursement from Sublessor, in which event this Sublease shall continue in full force and effect (provided that, during such repair and restoration, the Rent payable hereunder shall be proportionately reduced to account for the impact of the damage or destruction, and/or the repair or restoration activities, on the business and/or operations of the Sublessee at and from the Subleased Premises), and Sublessee shall proceed to make such repairs as soon as reasonably possible. If Sublessee does not give such notice within such 10-day period this Sublease shall be cancelled and terminated as of the date of the occurrence of such damage, in which event and neither party shall have any further rights or obligations under this Sublease from and after such termination other than those rights and obligations that expressly survive the expiration or termination of this Lease shall terminate as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restorationtheir terms.

Uninsured Loss. Subject If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord’s insurance coverage or if the insurance proceeds are not sufficient to the provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay for cover the cost of repairs to repairs, Landlord shall forthwith repair• the extent such same provided the cost exceeds of repair• is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a:cause other than a peril covered by Landlord’s insurance coverage, or if the insurance proceeds actually received by from Landlord’s insurance are not made available to Landlord for the Landlord and Landlord has used reasonable efforts purpose of repairing the Leased Premises, or, if the cost of repair is equal to collect such proceeds which damage prevents Tenant from making any substantial use or greater than ten percent (10%) or more of the replacement cost of the Leased Premises, then Landlord may at Landlord's shall have the option either to (i) repair or restore such damage as soon as reasonably possible at Landlord's expensedamage, in which event this Lease shall continue in full force and effecteffect but the Rent and Additional Rent shall be proportionately reduced as provided in Section 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give written notice to Tenant within of the termination of this Lease as of the date specified in such notice, which date shall not be less than thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of notice. If such damagenotice is given, in which event this Lease shall terminate as and all interest of Tenant in and to the Leased Premises shall end on the date of so specified in such notice and the occurrence Rent and Additional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restorationtermination.

Uninsured Loss. Subject If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord’s insurance coverage or if the insurance proceeds are not sufficient to the provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay for cover the cost of repairs to repairs, Landlord shall forthwith repair the extent such same provided the cost exceeds of repair is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord’s insurance coverage, or if the insurance proceeds actually received by from Landlord’s insurance are not 0xx Xxxxx Lease made available to Landlord for the Landlord and Landlord has used reasonable efforts purpose of repairing the Leased Premises, or, if the cost of repair is equal to collect such proceeds which damage prevents Tenant from making any substantial use or greater than ten percent (10%) or more of the replacement cost of the Leased Premises, then Landlord may at Landlord's shall have the option either to (i) repair or restore such damage as soon as reasonably possible at Landlord's expensedamage, in which event this Lease shall continue in full force and effecteffect but the Rent and Additional Rent shall be proportionately reduced as provided in Section 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give written notice to Tenant within of the termination of this Lease as of the date specified in such notice, which date shall not be less than thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of notice. If such damagenotice is given, in which event this Lease shall terminate as and all interest of Tenant in and to the Leased Premises shall end on the date of so specified in such notice and the occurrence Rent and Additional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restorationtermination.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 paragraphs 9.4 and 18.5, below9.5, if at any time during the Term term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant or its agents, contractors or invitees (in which event Tenant shall make the repairs at Tenant's expense) provided), however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of using the Premises, 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; , or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel or terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall terminate continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such 10-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restoration.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 9.4 and 18.5, below9.5, if at any time during the Term term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant it is Lessee Caused Damage (in which event Tenant Lessee shall make the all repairs at TenantLessee's expense) providedexpense or pay Lessor, howeversubject to reimbursement from insurance proceeds, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds as provided in Paragraph 7.1.1), which damage prevents Tenant Lessee from making any substantial use using the damaged portion of the Premises, Landlord Lessor may at LandlordLessor's option option, which shall be exercised within forty-five (45) days of the occurrence of such casualty, either (i) repair such any damage to the Base Building, other than tenant improvements, fixtures and Utility Installations constructed by Lessee, as soon as reasonably possible at LandlordLessor's expense, in which event Lessee shall, at Lessee's expense, repair all other damage to the Premises and to Lessee's fixtures, equipment, tenant improvements or Utility Installations as soon as reasonably possible, and in such event this Lease shall continue in full force and effect; , or (ii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. If Lessor does not give such termination notice within such forty-five (45) day period, Lessor shall be deemed to have elected not to rebuild. In the event Lessor elects to give such notice of Lessor's intention to cancel or terminate this Lease or fails to give such notice within such forty-five (45) days, Lessee shall have the right within twenty (20) days after the receipt of such notice (or expiration of such forty-five (45) days if Lessor fails to give such notice) to give written notice to Lessor of Lessee's intention to repair all of the damage (including any damage to the Base Building) at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall terminate continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 20-day period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restoration.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 and 18.5If, below, if at any time during the Term of this Lease there is damage because such Damage resulted from an event which is was not an Insured Loss Loss, (a) the proceeds of the casualty insurance required to be maintained pursuant to Section 18 of this Lease, and which falls within (b) the classification of Premises Damage or Premises Building Partial Damageamounts to be paid by Tenant pursuant to Section 16.2.3, unless caused by a negligent or willful act of Tenant (below; if any, are not in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated aggregate sufficient to pay for the cost of repairs repair of Damage to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of the Demised Premises, Landlord may at Landlord's ’s option either either: (i) repair such damage at Landlord’s expense, as soon as reasonably possible at Landlord's expensepracticable, but in any event by the Restoration Completion Date, in which event this Lease shall continue in full force and effect; , or (ii) ), if the cost to Landlord to repair such Damage exceeds the then applicable Annual Rent for the Demised Premises, give written notice to Tenant within thirty (30) days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention ’s desire to cancel and terminate this Lease as of the date sixty (60) days following the giving of such notice. In the event Landlord elects to terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant’s commitment to pay for the cost of repair of such Damage in excess of the occurrence sum of the then applicable Annual Rent, without reimbursement from Landlord, and Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within thirty (30) days following Tenant’s said commitment; provided, however, that Tenant shall be entitled to the use of insurance proceeds which may be available for such damagerepair. In such event this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably practicable, to be completed in which no event later than the Restoration Completion Date. If Tenant does not give such notice and provide the funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in Landlord’s notice of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restorationtermination.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of the Premises, Landlord may at Landlord's option either If (i) repair such damage as soon as reasonably possible at there is an Uninsured Loss, (ii) the Architect's Estimate is given and provides that Landlord's expenseWork and the Required Surrender Improvements (subject to the exclusions in Section 27.1 above) require 365 days or less to restore after the issuance of building permits and (iii) Tenant does not elect to restore the Insured Premises pursuant to Section 27.4.2, then Landlord shall have the right, but not the obligation, to elect to restore Landlord's Work (as defined in which event this the Work Letter Agreement) by delivery of written notice to Tenant not earlier than one hundred twenty-one (121) days and not later than one hundred thirty-five (135) days following the date Tenant's Loss Notice is given and, if Landlord elects to restore Landlord's Work, (a) the Lease shall continue in full force and effect; , and Landlord shall diligently undertake such restoration of Landlord's Work at its sole cost and without contribution from Tenant and shall diligently pursue such undertaking to completion, (b) Tenant shall restore the Required Surrender Improvements, provided, however, that Tenant shall not be obligated to expend more for such restoration of the Required Surrender Improvements than the proceeds of any Property Insurance with respect to the Required Surrender Improvements that are paid to Tenant or would have been paid to Tenant had Tenant performed its obligations under Section 14.1.2, and (iic) give Tenant shall have the right, but not the obligation, to restore any other portion of Tenant's Property at Tenant's sole cost and expense without reimbursement from Landlord. If there is an Uninsured Loss, Tenant shall have the right, but not the obligation, to elect to restore the Landlord's Work (as defined in the Work Letter Agreement) by giving written notice of such election to Tenant within thirty Landlord not earlier than ninety-one (3091) days and not later than one hundred twenty (120) days after the date of the occurrence of such damage of LandlordTenant's intention to cancel and terminate this Lease as of the date of the occurrence of such damageLoss Notice is given, in which event this (a) the Lease shall terminate as continue in full force and effect, and Tenant shall diligently undertake and complete the restoration of the date of the occurrence of such damage. However, if Tenant Landlord's Work at its option is willing to pay the Tenant's sole cost of repairs in excess of the insurance proceeds actually received by and expense without contribution from Landlord, Landlord (b) Tenant shall restore the Required Surrender Improvements, and (c) Tenant shall have the right, but not be permitted the obligation, to terminate the Lease, provided Tenant pays such excess amount or provides such restore any other reasonable security therefor to Landlord prior to the commencement portion of the repairs or restorationTenant's Property at Tenant's sole cost and expense without reimbursement from Landlord.

Uninsured Loss. Subject to the provisions of Paragraphs 18.4 paragraphs 9.4 --- and 18.5, below9.5, if at any time during the Term of this Lease there is damage which --- is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant or its agents, contractors or invitees (in which event Tenant shall make the repairs at Tenant's expense) provided), however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of using the Premises, 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; , or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel or terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall terminate continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such 10-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage. However, if Tenant at its option is willing to pay the cost of repairs in excess of the insurance proceeds actually received by Landlord, Landlord shall not be permitted to terminate the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of the repairs or restoration.