Common use of DAMAGE TO LEASED PREMISES Clause in Contracts

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so damaged or destroyed through any cause, other than Lessee's willful act as to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated and rent shall be payable only to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit or unfit for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstances.

DAMAGE TO LEASED PREMISES. If at In the inception of this Lease or at any time thereafter (including any renewal) all or any part of event the Leased Premises or Building are damaged by fire, the elements, acts of God, or other cause to such extent that the Leased Premises are rendered untenantable by Tenant or more than fifty percent (50%) of the Building is rendered untenantable, and in the event Landlord elects not to rebuild the Leased Premises and Building as they existed prior to the damage or in some other manner satisfactory to Tenant and Landlord, then Landlord, within thirty (30) days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be so damaged canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased. Premises and Building as they existed prior to the damage or destroyed through any causein some other manner satisfactory to Tenant and Landlord, other than Lessee's willful act as to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated and rent then Landlord shall be payable only to commence such rebuilding within thirty (30) days of the date of the damagesuch damage and shall continue and complete such rebuilding as promptly as possible. AlternativelyUpon completion of such rebuilding, Lesseethis Lease shall be reinstated in all of its terms; provided, in its sole discretionhowever, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion full during the period of such rebuilding. In the event the Leased Premises or Building are not damaged to such extent that the portions not useful to Lessee. If at the inception of Leased Premises are rendered wholly untenantable by Tenant and this Lease or at any time thereafter (including any renewal) all or any part is not otherwise terminated as provided above, then Tenant shall continue to occupy those portions of the Leased Premises shall be so slightly damaged through any causewhich are tenantable, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. Howeverproportionately to the portions occupied, if Lessor fails to and Landlord shall promptly commence or to expeditiously and complete repairs necessary to restore the portions damaged. In no event and under no circumstances shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises to their former conditionPremises, Lessee may declare other than for the abatement of rent as provided in this Lease terminated and rentParagraph 14, including any fair abatement thereof, shall be payable only except to the date extent of termination. Alternativelyproperty damage resulting from the negligence of Landlord, if Lessor fails to promptly commence its agents or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause employees which is not otherwise covered by insurance required to be performed such repairs, and may deduct carried by Tenant under this Lease. Under no circumstances shall there be any abatement of rent under this Paragraph 14 if the costs from rent, including any fair abatement. Lessee's decision as damage to whether all or any part of the Leased Premises is fit caused by the acts or unfit for occupancy shall be finalnegligence of Tenant, but Lessee's decision shall be reasonable in the circumstancesits agents, employees or invitees.

DAMAGE TO LEASED PREMISES. If at In the inception event the Leased Premises or Building are damaged by fire, the elements, acts of God, or other cause to such extent that the Leased Premises are rendered untenantable by Tenant or more than fifty percent (50%) of the Building is rendered untenantable, and in the event Landlord elects not to rebuild the Leased Premises and Building as they existed prior to the damage or in some other manner satisfactory to Tenant and Landlord, then Landlord, within thirty (30) days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises and Building as they existed prior to the damage or at any time thereafter in some other manner satisfactory to Tenant and Landlord, then Landlord shall commence such rebuilding within thirty (including any renewal30) days of the date of such damage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, this Lease shall be reinstated in all of its terms; provided, however, the Base Rent and additional rent shall xxxxx in full dining the period of such rebuilding. In the event the Leased Premises or any part Building are not damaged to such extent that the Leased Premises are rendered wholly untenantable by Tenant and this Lease is not otherwise terminated as provided above, then Tenant shall continue to occupy those portions of the Leased Premises which are tenantable, the Base Rent and additional rent shall xxxxx proportionately to the portions occupied, and Landlord shall promptly commence and complete repairs to the portions damaged In no event and under no circumstances shall Landlord be so damaged or destroyed through liable to Tenant for any causeloss occasioned by damage to the Leased Premises, other than Lessee's willful act for the abatement of Base Rent and additional rent as provided in this Paragraph 14, except to the extent of property damage resulting from the negligence of Landlord, its agents or employees which is not otherwise covered by insurance required to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare carded by Tenant under this Lease terminated and Lease. Under no circumstances shall there be any abatement of Base Rent or additional rent shall be payable only under this Paragraph 14 if the damage to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit caused by the acts or unfit for occupancy shall be finalnegligence of Tenant, but Lessee's decision shall be reasonable in the circumstances.its agents, employees or invitee&

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so damaged or destroyed through any cause, other than LesseeXxxxxx's willful act as to be rendered unfit for LesseeXxxxxx's occupancy, in LesseeXxxxxx's judgment, Lessee may declare this Lease terminated and rent shall be payable only to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than LesseeXxxxxx's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for LesseeXxxxxx's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor Xxxxxx fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit or unfit for occupancy shall be final, but LesseeXxxxxx's decision shall be reasonable in the circumstances.

DAMAGE TO LEASED PREMISES. If at the inception Leased Premises, excluding Concessionaire’s Leasehold Improvements or Trade Fixtures, are partially damaged by fire or other casualty, but not rendered untenantable, the same shall be repaired or restored by the Authority to essentially the same condition as that which existed prior to such damage and the Authority shall be entitled to all insurance proceeds and recoveries relating thereto. In the event such damage is caused by any act or omission of this Lease the Concessionaire, its officials, agents, sub-concessionaires or at employees, it shall be the responsibility of the Concessionaire to pay all loss, damage and costs not covered by Concessionaire’s insurance proceeds. Should a portion of the Leased Premises be untenantable other than due to any time thereafter (including any renewal) all act or any part omission of the Concessionaire, its officials, agents, sub- concessionaires or employees, rent for the untenantable portions of the Leased Premises shall be so damaged or destroyed through any cause, other than Lessee's willful act as abated for the period from the occurrence of the damage to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated and the completion of the repairs. The amount of the rent abatement shall be payable only to calculated as the date pro rata portion of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and Minimum Annual Guarantee owed for the rent shall xxxxx in proportion to the untenantable portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises and such pro rata portion shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, calculated based on the square footage of the untenantable Leased Premises as not to be rendered unfit a percentage of the total square footage for Lessee's occupancy, in Lessee's judgment, Lessor shall repair all Leased Premises from which sales are generated. If the Leased Premises with Premises, excluding Concessionaire’s Leasehold Improvements or Trade Fixtures, are completely destroyed by fire or other casualty or so damaged as to remain untenantable for more than sixty (60) days, the Authority shall be entitled to all reasonable promptnessinsurance proceeds and recoveries relating thereto but shall be under no obligation to repair or reconstruct such Leased Premises. Unless damage is due to any act or omission of the Concessionaire, at Lessor's expenseits officials, and agents, sub-concessionaires or employees, the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore Rent for the affected portions of Concessionaire’s Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to abated for the period from the date of terminationsuch occurrence until such space is temporarily replaced with other space(s) sufficient to allow the Concessionaire to operate. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to The amount of the rent abatement shall be performed such repairs, and may deduct calculated as the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part pro rata portion of the Minimum Annual Guarantee owed for the untenantable portions of the Leased Premises is fit or unfit for occupancy and such pro rata portion shall be finalcalculated based on the square footage of the untenantable Leased Premises as a percentage of the total square footage for all Leased Premises from which sales are generated. The Authority shall notify Concessionaire within sixty (60) days of the occurrence of such casualty whether it intends to repair or reconstruct the damaged Leased Premises. If the Authority elects to repair or reconstruct, but Lessee's decision and if such damage was caused by any act or omission of the Concessionaire, its officials, employees, agents, or sub-concessionaires, it shall be the responsibility of the Concessionaire to pay all loss, damage, and costs not covered by the Concessionaire’s insurance proceeds. Should the Authority elect not to repair or reconstruct the Leased Premises, the Authority shall have the right to terminate this Lease Agreement for the untenantable portions of the Leased Premises (in addition to any and all other rights and remedies the Authority may have against Concessionaire). In such event, the Authority agrees to use commercially reasonable in the circumstancesefforts to obtain adequate substitute space for Concessionaire.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so damaged or destroyed through any cause, other than LesseeXxxxxx's willful act as to be rendered unfit for LesseeXxxxxx's occupancy, in Lessee's judgment, Lessee may declare this Lease lease terminated and rent shall be payable only to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than LesseeXxxxxx's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for LesseeXxxxxx's occupancy, in LesseeXxxxxx's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor Xxxxxx fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit or unfit for occupancy shall be final, but LesseeXxxxxx's decision shall be reasonable in the circumstances.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises are rendered untenantable by damage from fire or other casualty which, in the reasonable opinion of an architect selected by Landlord, cannot be substantially repaired under applicable laws and governmental regulations within ninety (90) days from the date of such casualty (employing normal construction methods without overtime or other premium and utilizing insurance proceeds recoverable by Landlord under its then existing insurance coverage), then either Landlord or Tenant may elect to terminate this Lease as of the date of such casualty by written notice delivered to the other not more than ten (10) days after receipt of such architect's opinion. Landlord shall be cause its architect to provide to Tenant, within forty five (45) days after the date of such casualty, notice of such architect's determination of the estimated time to repair any such damage. If such notice is not timely provided to Tenant, Tenant may terminate this Lease upon notice to Landlord. In the event of the termination of this Lease as provided by this Section 7.1, or by Section 7.3 below, the rent payable by Tenant hereunder shall xxxxx as of the date of such casualty. If neither Landlord nor Tenant shall so damaged terminate this Lease, Landlord shall forthwith at its own expense, to the extent of insurance proceeds actually received by Landlord on account of such fire or destroyed through other casualty, subject to the rights of any causemortgagee, repair such damage, other than Lessee's willful act as damage to be rendered unfit for Lessee's occupancyimprovements, in Lessee's judgmentfurniture, Lessee may declare this Lease terminated and rent chattels or trade fixtures which do not belong to Landlord or which were originally constructed by Tenant, which shall be payable only to the date repaired by Tenant. Upon substantial completion of the damage. AlternativelyLandlord's work as aforesaid, LesseeTenant shall promptly install its equipment, appliances, furniture, furnishings and other personal property in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject as required to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in conduct its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit or unfit for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstancesbusiness.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (including any renewal) all Leased Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord’s sole opinion, be required (whether or not the Leased Premises shall have been damaged by such casualty) or in the event there is less than two (2) years of the Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such casualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D; to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, Landlord’s obligation to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Leased Premises, if any, for which Landord: JN Tenant: AS Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the repairs described in the preceding two sentences have been completed by Landlord, Tenant shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Leased Premises. Except as set forth above, all cost and expense of reconstructing the Leased Premises shall be so damaged or destroyed through any cause, other than Lessee's willful act as to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated and rent shall be payable only to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to itborne by Tenant, and the rent Tenant shall xxxxx in proportion present Landlord with evidence satisfactory to the portions not useful Landlord of Tenant’s ability to Lessee. If at the inception pay such costs prior to Landlord’s commencement of this Lease or at any time thereafter (including any renewal) all or any part repair and restoration of the Leased Premises Premises. Landlord shall not be so slightly damaged through liable for any causeinconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, other than Lessee's willful actexcept that, ordinary wear and tear or repair subject to routine maintenancethe provisions of the next sentence, as not Landlord shall allow Tenant a fair diminution of Rent during the time and to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the extent the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completedunfit for occupancy. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore If the Leased Premises to their former conditionor any other portion of the Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant’s agents, Lessee may declare this Lease terminated employees, or invitees, the Rent hereunder shall not be diminished during the repair of such damage and rent, including any fair abatement thereof, Tenant shall be payable only liable to Landlord for the cost of the repair and restoration of the Property caused thereby to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed extent such repairs, cost and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises expense is fit or unfit for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstancesnot covered by insurance proceeds.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease building erected by the County shall be damaged by fire, flood, lightning, windstorm or at any time thereafter (including any renewal) all or any part other force of the Leased Premises elements or by the public enemy or from any other cause not brought about by Concessionaire, so as to adversely affect Concessionaire’s operations under this Concession Agreement then the following shall apply.  If the building or space is not rendered untenantable, the damage shall be promptly repaired with due diligence by the County at its own cost and expense; and Concessionaire shall continue its operations with such reasonable accommodations as require by the circumstances.  If any of the building or space is rendered untenantable but capable of being repaired and made tenantable within a period of thirty (30) days, the County shall repair the damage with due diligence at its own cost and expense, and Concessionaire shall immediately resume its operations upon completion of repairs.  If within three (3) months after the building or space is completely destroyed or so damaged or destroyed through any cause, other than Lessee's willful act as to be rendered unfit for Lessee's occupancyuntenantable, the building or space shall not have been substantially restored, then Concessionaire may by written notice to the County cancel this Concession Agreement in Lessee's judgment, Lessee may declare this Lease terminated its entirety and rent such cancellation shall be payable only relate back to the date of the damagedamage or destruction. Alternatively Nothing in this Section shall apply to damages caused by the wrongful act or negligence for which Concessionaire is legally liable. In that even, LesseeConcessionaire shall, at its own cost and expense, repair all such damages, and there shall be no reduction or abatement in rent. The County shall notify Concessionaire within sixty (60) days of the occurrence of such casualty whether it intends to repair or reconstruct the damaged Leased Premises. If the County elects to repair or reconstruct, it shall do so with due diligence and at its own cost and expense, unless such damage was caused by the negligence of the Concessionaire, its officials, employees, or agents, in its sole discretionwhich case it shall be the responsibility of the Concessionaire to pay all loss, may continue to occupy any portion useful to itdamage, and costs not covered by Concessionaires insurance proceeds. Should the rent shall xxxxx in proportion County elect not to the portions not useful to Lessee. If at the inception of this Lease repair or at any time thereafter (including any renewal) all or any part of reconstruct the Leased Premises Premises, this Concession Agreement shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to terminate on the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, notification by the County as specified in its sole discretion, may perform or cause to be performed such repairs, and may deduct this paragraph for the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part untenantable portions of the Concessionaire’s Leased Premises is fit or unfit Premises. In such even, the County agrees to use its best efforts to obtain adequate substitute space for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstancesConcessionaire.

DAMAGE TO LEASED PREMISES. If at In the inception event the Leased Premises or Building are damaged by fire, the elements, acts of God, or other cause to such extent that the Leased Premises are rendered un-tenantable by Tenant or more than fifty percent (50%) of the Building is rendered un-tenantable, or to such extent that the insurance proceeds are insufficient to rebuild and/or repair the Leased Premises and/or Building, Landlord or Tenant may elect to terminate this Lease. In the event Landlord or Tenant elects to terminate this Lease, the electing party, within thirty (30) days of the date the damage occurred, shall notify the other party in writing of such election, and this Lease or at any time thereafter (including any renewal) shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event neither party elects to terminate this Lease, Landlord shall commence such rebuilding, and shall continue and complete such rebuilding, as promptly as reasonably possible. Upon completion of such rebuilding, this Lease shall be reinstated in all or any part of its terms; provided, however, that during the period of such rebuilding, the rent shall xxxxx in proportion to that portion of the Leased Premises shall be so rendered un-tenantable. In the event the Leased Premises or Building are not damaged or destroyed through any cause, other than Lessee's willful act as to be such extent that the Leased Premises are rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare wholly un-tenantable by Tenant and this Lease is not otherwise terminated and rent as provided above, then Tenant shall be payable only to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to itthose portions of the Leased Premises which are tenantable, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part portion of the Leased Premises rendered un-tenantable, and Landlord shall be so slightly commence and complete repairs to the portions damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair promptly as reasonably possible. In the event the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs or Building are completed. However, if Lessor fails damaged to promptly commence or to expeditiously complete repairs necessary to restore such extent that the Leased Premises to their former condition, Lessee may declare are rendered wholly un-tenantable by Tenant for any period of time and this Lease is not otherwise terminated and rentas provided above, including any fair then Tenant shall receive a rent abatement thereof, for those number of days the Leased Premises was un-tenantable in order to allow Landlord to repair or make improvements for the damage. Landlord shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of notify Tenant that the Leased Premises is fit or unfit ready for occupancy Tenant to return. The rent abatement shall be final, but Lessee's decision determined by dividing the rent for the Leased Premises by 30 and multiplying that number by the number of days the Leased Premises was rendered wholly un-tenantable as determined by Landlord. The rent abatement shall be reasonable in applied as a credit to the circumstancesfollowing month’s rent. In no event shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises. Notwithstanding the foregoing, Xxxxxx’s rent shall not xxxxx under this Paragraph 14 if the damage to the Leased Premises is caused by the acts or negligence of Tenant, its agents, employees or invitees.

DAMAGE TO LEASED PREMISES. If at In the inception event the building housing the leased premises shall be destroyed or damaged as a result of this Lease any fire or at any time thereafter (including any renewal) all or any part other casualty which is not the result of the Leased Premises intentional acts or neglect of Lessee and which precludes or adversely affects the Lessee’s occupancy of the leased premises, then in every such cause, the rent herein set forth shall be so damaged abated or destroyed through any cause, other than Lessee's willful act as adjusted according to be the extent to which the Premises have been rendered unfit for Lessee's occupancyuse and occupation by the Lessee and until the demised premises have been put in a condition at the expense of the Lessor, at least to the extent of the value and as nearly as possible to the condition of the premises existing immediately prior to such damage. It is understood, however, in Lesseethe event of total or substantial destruction to the Premises that in no event shall the Lessor's judgmentobligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage. The Lessee may declare shall, during the term of this Lease terminated Lease, and rent shall be payable only to in the renewal thereof, at its sole expense, keep the interior of the leased premises in as good a condition and repair as it is at the date of this Lease, reasonable wear and use excepted. This obligation would include the damageobligation to replace any plate glass damaged as a result of the neglect or acts of Lessee or her guests or invitees. AlternativelyFurthermore, Lesseethe Lessee shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, in its sole discretionstate or local authorities and shall expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the premises. Lessee shall also be responsible for the cost, may continue if any, which would be incurred to occupy bring her contemplated operation and business activity into compliance with any portion useful law or regulation of a federal, state or local authority. HAZARDOUS MATERIALS LAWS. Shall mean any and all federal, state, or local laws, ordinances, rules, decrees, orders, regulations, or court decisions relating to ithazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under, or about the Premises, the Building, or the Property, or soil and ground water conditions, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Hazardous Materials Transportation Act, any other law or legal requirement concerning hazardous or toxic substances, and the rent shall xxxxx in proportion any amendments to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit or unfit for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstancesforegoing.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (including any renewal) all Leased Premises or any part thereof shall be partially damaged by fire or other casualty not due to Lessee’s negligence or willful act or that of Lessee’s employees, guests, agents, visitors, or possessions, the Leased Premises shall be so damaged or destroyed through any cause, other than Lessee's willful act as to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated promptly repaired by Lessor and rent there shall be payable only to an abatement of rent corresponding with the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to ittime during which, and the rent shall xxxxx in proportion extent to which, the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of Leased Premises may have been untenantable; but, if the Leased Premises shall be so slightly damaged through any cause, other than by Xxxxxx’s negligence or willful act or that of Lessee's willful act’s employees, ordinary wear and tear guests, agents, visitors or repair subject possessions to routine maintenance, as the extent that Lessor shall decide not to be rendered unfit for Lessee's occupancyrebuild or repair, in Lessors sole discretion, the Term of this Lease shall end and the Rent shall be prorated up to the time of the damage. If the damage to the Leased Premises is due to the Lessee's judgment’s negligence or willful act or that of Lessee’s employees, agents, visitors, or possessions, the Rent shall not xxxxx. While Xxxxxx is in possession of the Leased Premises, Xxxxxx is responsible for the repair of any and all damage to the Leased Premises brought about by Xxxxxx, Lessee’s employees, guests, agents, visitors, or possessions. Should the Leased Premises become uninhabitable by casualty as described in this paragraph 7, Lessor shall may, at Lessor’s option, terminate this Lease or commence to repair the damages. Should the Lessor elect to repair the Leased Premises with all reasonable promptnessPremises, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore be abated and pro-rated from the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only date of casualty to the date of termination. Alternativelyre-occupancy; provided, if Lessor fails to promptly commence or to expeditiously complete however, that during the repairs, Lessee, in its sole discretion, may perform or cause to Xxxxxx has vacated and removed Xxxxxx’s possessions as required by Lessor. The date of re-occupancy shall be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part date of notice that the Leased Premises is fit or unfit for occupancy repaired. Notwithstanding anything contained herein to the contrary, Lessee shall be final, but Lessee's decision shall be reasonable in immediately notify Lessor of any damage to the circumstancesLeased Premises.

DAMAGE TO LEASED PREMISES. If at In the inception of this Lease or at any time thereafter (including any renewal) all or any part of event the Leased Premises are damaged by fire, the elements, act of God, or other cause to such extent that they are rendered untenantable by Tenant, and in the event Landlord elects not to rebuild the Leased Premises as they existed prior to the damage or in some other manner satisfactory to Tenant, then Landlord, within thirty (30) days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be so damaged canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises as they existed prior to the damage or destroyed through any causein some other manner satisfactory to Tenant, other than Lessee's willful act then Landlord shall commence such rebuilding within thirty (30) days of the date of such damage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, this Lease shall be reinstated in all of its terms; provided, however, the rent shall axxxx in full during the period of such rebuilding. Notwithstanding anything contained in this paragraph to be rendered unfit for Lessee's occupancythe contrary, in Lessee's judgmentthe event the premises are rendered untenantable by any of the above-mentioned causes, Lessee may declare Tenant shall have the option to terminate this Lease terminated and rent shall be payable only to effective as of the date of the damage, by providing Landlord with written notice within fifteen (15) days of the date the damage occurred. AlternativelyIn the event the Leased Premises are not damaged to such extent that they are rendered wholly untenantable by Tenant, Lessee, in its sole discretion, may then Tenant shall continue to occupy any that portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises which are tenantable, the rent shall axxxx proportionately to the portion occupied, and Landlord shall promptly commence and complete repairs to the portion damaged. In no event and under no circumstances shall Landlord be so slightly damaged through liable to Tenant for any causeloss occasioned by damage to the Leased Premises, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, for the abatement of rent as not to be rendered unfit for Lessee's occupancy, provided in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expensethis Paragraph 14, and under no circumstances shall there be any abatement of rent under this Paragraph 14 if the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails damage to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit caused by the negligence or unfit for occupancy shall be finalwillful misconduct of Tenant, but Lessee's decision shall be reasonable in the circumstancesits agents or employees.

DAMAGE TO LEASED PREMISES. If at In the inception of this Lease or at any time thereafter (including any renewal) all or any part of event the Leased Premises and/or the Building are damaged by fire, the elements, act of God, or other cause to such extent that either the Leased Premises or the Building are rendered untenantable by Tenant, or more than fifty percent (50%) of the Building is rendered untenantable, and in the event Landlord elects not to rebuild the Leased Premises and the Building as they existed prior to the damage or in some other manner satisfactory to Tenant, then Landlord or Tenant may terminate this Lease upon written notice to the other party given within thirty (30) days of the date the damage occurred, and this Lease shall be so damaged canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises as they existed prior to the damage or destroyed through any causein some other manner satisfactory to Tenant, other than Lessee's willful act as to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated and rent then Landlord shall be payable only to commence such rebuilding within thirty (30) days of the date of the damagesuch damage and shall continue and complete such rebuilding as promptly as possible. AlternativelyUpon completion of such rebuilding, Lesseethis Lease shall be reinstated in all of its terms; provided, in its sole discretionhowever, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion full during the period of such rebuilding. In the event the Leased Premises are not damaged to such extent that they are rendered wholly untenantable by Tenant or more than fifty percent (50%) of the portions not useful Building is rendered untenantable, then Tenant shall continue to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part occupy that portion of the Leased Premises shall be so slightly damaged through any causewhich are tenantable, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. Howeverproportionately to the portion occupied, if Lessor fails to and Landlord shall promptly commence or to expeditiously and complete repairs necessary to restore the portion damaged. In no event and under no circumstances shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises Premises, other than for the abatement of rent as provided in this Paragraph 14. Under no circumstances shall there be any abatement of rent under this Paragraph 14 if the damage to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit caused by the acts or unfit for occupancy shall be finalnegligence of Tenant, but Lessee's decision shall be reasonable in the circumstancesits agents, employees or invitees.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of 11.1 Landlord’s Duty to Restore: Except as set forth above, if the Leased Premises shall be so are damaged or destroyed through by any cause, other than Lessee's willful act as to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated and rent shall be payable only to peril after the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception Commencement Date of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises Lease, Landlord shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises unless the Lease is terminated pursuant to their former condition, Lessee may declare this Article. All insurance proceeds available from fire and property damage insurance carried by Landlord pursuant to Article 9 shall be paid to and become the property of Landlord subject to Landlord’s restoration obligations set forth in this Article 11. If this Lease is terminated and rent, including any fair abatement thereof, pursuant to this Article then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or would become Landlord’s property on the termination of this Lease shall be payable only paid to and become the property of Landlord, provided that Tenant shall be entitled to retain insurance proceeds applicable to the date portion of terminationthe Leasehold Improvements paid for Tenant. AlternativelyIf this Lease is not so terminated, then upon receipt of the insurance proceeds (if Lessor fails the loss is covered by insurance) and the issuance of all necessary governmental permits, Landlord shall commence and diligently prosecute to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct completion the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part restoration of the Leased Premises, to the extent then allowed by Law, to substantially the same condition in which the Leased Premises is fit or unfit for occupancy were immediately prior to such damage. Landlord’s obligation to restore shall be finallimited to the Leased Premises as they existed as of the Commencement Date, but Lessee's decision shall be reasonable excluding any Leasehold Improvements, Trade Fixtures, and/or personal property constructed or installed by Tenant in the circumstances.Leased Premises. Tenant shall forthwith perform such improvements in the Leased Premises as are necessary to restore any damage to the Tenant Improvements, provided that Tenant shall not be required to spend more than the insurance proceeds available to Tenant (or that would have been available to Tenant had Tenant maintained the insurance required to be carried by Tenant under Section 9.1 above) in connection with such damage. 11.2

DAMAGE TO LEASED PREMISES. If at In the inception event the building housing the leased premises shall be destroyed or damaged as a result of this Lease any fire or at any time thereafter (including any renewal) all or any part other casualty which is not the result of the Leased Premises intentional acts or neglect of the Lessee and which precludes or adversely affects the Lessee’s occupancy of the leased premises, then in every such cause, the rent herein set forth shall be so damaged abated or destroyed through any cause, other than Lessee's willful act as adjusted according to be the extent to which the Premises have been rendered unfit for Lessee's occupancyuse and occupation by the Lessee and until the demised premises have been put in a condition at the expense of the Lessor, at least to the extent of the value and as nearly as possible to the condition of the premises existing immediately prior to such damage. It is understood, however, in Lessee's judgmentthe event of total or substantial destruction to the Premises that in no event shall the Lessor’s obligation to restore, replace, or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage. The Lessee may declare shall, during the term of this Lease terminated Lease, and rent shall be payable only to in the renewal thereof, at its sole expense, keep the interior of the lease premises in as good a condition and repair as it is at the date of this Lease, reasonable wear and use excepted. This obligation would include the damageobligation to replace any plate glass damaged as a result of the neglect or acts of Lessee or her guests or invitees. AlternativelyFurthermore, Lesseethe Lessee shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, in its sole discretionstate, may continue or local authorities and shall expressly not be allowed to occupy keep or maintain any portion useful hazardous waste materials or contaminates on the premises. Lessee shall also be responsible for the cost, if any, which would be incurred to itbring his or her contemplated operation and business activity into compliance with any law or regulation of a federal, state, or local authority. HAZARDOUSE MATERIALS LAWS. Shall mean any and all federal, state, or local laws, ordinances, rules, decrees, orders, regulations, or court decisions relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under, or about the Premises, Building, or the Property, or soil and ground water conditions, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Hazardous Materials Transportation Act, any other law or legal requirement concerning hazardous or toxic substances, and the rent shall xxxxx in proportion any amendments to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit or unfit for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstancesforegoing.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (including any renewal) all Leased Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord’s sole opinion, be required (whether or not the Leased Premises shall have been damaged by such casualty) or in the event there is less than two (2) years of the Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such casualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D; to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, Landlord’s obligation to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the repairs described in the preceding two sentences have been completed by Landlord, Tenant shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Leased Premises. Except as set forth above, all cost and expense of reconstructing the Leased Premises shall be so damaged or destroyed through any cause, other than Lessee's willful act as to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare this Lease terminated and rent shall be payable only to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to itborne by Tenant, and the rent Tenant shall xxxxx in proportion present Landlord with evidence satisfactory to the portions not useful Landlord of Tenant’s ability to Lessee. If at the inception pay such costs prior to Landlord’s commencement of this Lease or at any time thereafter (including any renewal) all or any part repair and restoration of the Leased Premises Premises. Landlord shall not be so slightly damaged through liable for any causeinconvenience or annoyance to Tenant or injury to the Landlord: Tenant: business of Tenant resulting in any way from such damage or the repair thereof, other than Lessee's willful actexcept that, ordinary wear and tear or repair subject to routine maintenancethe provisions of the next sentence, as not Landlord shall allow Tenant a fair diminution of Rent during the time and to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the extent the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completedunfit for occupancy. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore If the Leased Premises to their former conditionor any other portion of the Property is damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant’s agents, Lessee may declare this Lease terminated employees, or invitees, the Rent hereunder shall not be diminished during the repair of such damage and rent, including any fair abatement thereof, Tenant shall be payable only liable to Landlord for the cost of the repair and restoration of the Property caused thereby to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed extent such repairs, cost and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises expense is fit or unfit for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstancesnot covered by insurance proceeds.

DAMAGE TO LEASED PREMISES. If at In the inception event the Leased Premises are damaged by fire, the elements, act of God, or other cause to such extent that they are rendered untenantable by Tenant, and in the event Landlord elects not to rebuild the Leased Premises as they existed prior to the damage or in some other manner satisfactory to Tenant, then Landlord, within thirty (30) days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises as they existed prior to the damage or at any time thereafter in some other manner satisfactory to Tenant, then Landlord shall commence such rebuilding within thirty (including any renewal30) days of the date of such damage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, this Lease shall be reinstated in all or any part of its terms; provided, however, the rent shall abaxx xx full during the period of such rebuilding. In the event the Leased Premises are not damaged to such extent that they are rendered wholly untenantable by Tenant, then Tenant shall continue to occupy that portion of the Leased Premises which are tenantable, the rent shall abaxx xxoportionately to the portion occupied, and Landlord shall promptly commence and complete repairs to the portion damaged. In no event and under no circumstances shall Landlord be so damaged or destroyed through liable to Tenant for any causeloss occasioned by damage to the Leased Premises, other than Lessee's willful act for the abatement of rent as provided in this Paragraph 14, except to the extent of property damage resulting from the negligence of Landlord, its agents or employees which is not otherwise covered by insurance required to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare carried by Tenant under this Lease terminated and Lease. Under no circumstances shall there be any abatement of rent shall be payable only under this Paragraph 14 if the damage to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit caused by the acts or unfit for occupancy shall be finalnegligence of Tenant, but Lessee's decision shall be reasonable in the circumstancesits agents, employees or invitees.

DAMAGE TO LEASED PREMISES. If at In the inception event the Leased Premises and/or the Building are damaged by fire, the elements, or other cause to such extent that either the Leased Premises are rendered untenantable by Tenant or more than fifty percent (50%) of the Building is rendered untenantable, then either party may terminate this Lease upon written notice given within thirty (30) days of the date the damage occurred and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event of such a termination, Base Rent and Additional Rent shall be prorated to the date of such damage and Tenant shall have not less than thirty (30) days after delivery of the notice of termination to vacate the Leased Premises. In the event this Lease is not so terminated, Landlord shall as soon as reasonably possible rebuild the Building and the Leased Premises to substantially the condition that existed prior to the damage or at any time thereafter in some other manner satisfactory to Tenant. Upon completion of such rebuilding, this Lease shall be reinstated in all of its terms; provided, however, the rent shall abatx xx full during the period from the date of the damage to the date of completion. In the event the Leased Premises and the Building are not damaged to such extent that the Leased Premises are rendered wholly untenantable by Tenant or more than fifty percent (including any renewal50%) all or any part of the Building is rendered untenantable, then Tenant shall continue to occupy that portion of the Leased Premises which are tenantable, the rent shall abatx xxxportionately to the portion occupied, and Landlord shall promptly commence and complete repairs to the portions damaged. In no event and under no circumstances shall Landlord be so damaged or destroyed through liable to Tenant for any causeloss occasioned by damage to the Leased Premises, other than Lessee's willful act for the abatement of rent as provided in this Paragraph 15, except to the extent of property damage resulting from the negligence of Landlord, its agents or employees which is not otherwise covered by insurance required to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessee may declare carried by Tenant under this Lease terminated and rent shall be payable only to the date of the damage. Alternatively, Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the inception of this Lease or at any time thereafter (including any renewal) all or any part of the Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises with all reasonable promptness, at Lessor's expense, and the rent shall xxxxx fairly until repairs are completed. However, if Lessor fails to promptly commence or to expeditiously complete repairs necessary to restore the Leased Premises to their former condition, Lessee may declare this Lease terminated and rent, including any fair abatement thereof, shall be payable only to the date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the costs from rent, including any fair abatement. Lessee's decision as to whether all or any part of the Leased Premises is fit or unfit for occupancy shall be final, but Lessee's decision shall be reasonable in the circumstancesLease.