Common use of DAMAGE TO PREMISES Clause in Contracts

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. From and after the date on which Tenant shall be privileged to enter upon the Premises, Landlord shall insure the Premises against damage or destruction by fire and other casualties insurable under a standard extended coverage endorsement. Tenant shall be solely responsible for insuring Tenant’s trade fixtures and trade goods within the Premises. In the event that, at any time during the Lease Term, the permanent improvements then constituting the Premises are and site improvements shall be damaged or destroyed (partially or rendered wholly un-tenantable totally) by firefire or any other casualty insurable under a standard fire and extended coverage endorsement, stormLandlord shall promptly, earthquakeand with due diligence, repair, rebuild and restore the same as nearly as practicable to the condition existing just prior to such damage or destruction using the proceeds of the insurance obtained by Landlord; provided, however, if Fifty (50%) Percent or more of the Premises is damaged Landlord will have the right to terminate this Lease, and if as a result of any such damage or destruction during the last year of the lease term, Tenant’s fixtures, equipment or other property shall be damaged or destroyed in an amount exceeding One Hundred Thousand Dollars ($100,000.00), then either party may terminate this Lease as of the date of such damage or destruction by giving written notice to the other party within thirty (30) days thereafter and Tenant shall (assuming Tenant conducts no business from the Premises) have an additional fortyfive (45) days within which to remove (at Tenant’s sole cost and expense) its property from the Premises, provided Tenant shall have no right of termination if the casualty not caused by the negligence occurs because of Tenant’s negligence or intentional acts. Notwithstanding any such termination of this Lease by Landlord as provided in this Section, this Agreement shall terminate from such time except for other than the purpose event of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up damage to the time of such injury fifty (50%) or destruction more of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the right to exercise any option to extend the term hereof within thirty (30) days after the date of either repairing the receipt of Landlord’s notice of termination under this Section 8, and upon the exercise of any such injured or damaged portion or terminating option by Tenant, then this LeaseLease shall continue in full force and effect despite such notice of termination by Landlord and Landlord shall repair, rebuild and restore the said permanent improvements as above provided. In the event that Landlord exercises its right this Lease shall be terminated as above provided, all unearned rent and other charges paid in advance shall be refunded to Tenant. The proceeds of the fire and extended coverage insurance carried by Landlord, shall be used to pay for Landlord’s cost to repair such un-tenantable portionor replace the Premises as required by this Section 8. Each party hereto hereby remises, releases and discharges the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement party hereto and any renewal thereof officer, agent, employee or representative of such party of and from any liability whatsoever hereafter arising from loss, damage or injury caused by fire or other casualty for which insurance (permitting waiver of liability and containing a waiver of subrogation) is carried or is required hereunder to enter be carried, by the Premises for party at the purpose time of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairssuch loss, additions damage or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesinjury.

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental rent provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals rent up to such date and Landlord refunding rentals rent collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantableuninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeaseAgreement. In the event that Landlord exercises its right to repair such un-tenantable uninhabitable portion, the rental applicable rent shall xxxxx in the proportion that the injured parts part bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant Landlord shall not be liable to properly insure personal items from loss due to floodTenant, fire, storm, theft, earthquakeTenant’s invitees or guests, or any other unnatural person for any damage or natural disaster. INSPECTION OF PREMISESloss to person or any property, real or personal, caused by Tenant, Tenant’s invitees or guests, or any other person. Landlord shall not be liable to Tenant, Tenant’s invitees or guests, or any other person for personal injury or property damage caused by fire, flood, water leaks, rain, hail, smoke, fire, ice, explosions, interruptions of utilities, acts of God or any other cause whatsoever unless caused by Landlord’s negligence. Landlord shall not be liable to Tenant, Tenant’s invitees or guests, or any other person for any damage or loss to person or property caused by criminal conduct of third parties. Landlord has no duty to remove snow, ice, sleet, or other natural accumulations, but Landlord may choose to do so, in whole or in part. Tenant understands and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and agrees that Landlord does not carry any renewal thereof to enter the Premises insurance for the purpose benefit of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement Tenant or to any restrictions, rules insure Tenant’s personal property. Tenant understands that it is responsible for obtaining and maintaining his/her own insurance to protect against damage to person or regulations affecting property on the Premises.

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantableuninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable uninhabitable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It In the event that there is a major repair that must be completed by the Landlord, Tenant, having experience in construction and remodeling, shall have the option to submit a bid to complete the project. If Landlord accepts Tenant’s bid, the mount of the bid will be subtracted from Tenant’s rent upon completion of the project. If Landlord rejects the bid, Tenant shall not perform any repairs to the premises and any costs incurred from any unauthorized repairs shall be the sole responsibility of tenant the Tenant and shall not be charged to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In Upon the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence occurrence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, upon notice (the “Landlord Repair Notice”) to Tenant paying rentals up from Landlord, Tenant shall assign to such date Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord refunding rentals collected beyond shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such date. Should a portion Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Leasedamage. In the event that Landlord exercises does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its right sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such un-tenantable portionfire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the rental Rent shall xxxxx be abated in proportion to the proportion ratio that the injured parts amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the whole total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, and such part so injured Tenant’s right to rent abatement pursuant to the preceding sentence shall be restored terminate as of the date which is reasonably determined by Landlord as speedily as practicable, after which to be the full rent shall recommence and the Agreement continue according date Tenant should have completed repairs to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesassuming Tenant used reasonable due diligence in connection therewith.

DAMAGE TO PREMISES. A. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees arising in whole or in part from Tenant's failure to implement Sound Farming and Conservation Practices (hereinafter collectively referred to as "Damage"), Tenant paying rentals up shall, at Tenant's sole cost and expense, promptly repair such Damage. All determinations as to whether Tenant has implemented Sound Farming and Conservation practices shall be made by Landlord in consultation with NRCS or the appropriate Soil Conservation District on the basis of Tenant's Farm Conservation Plan. If there is no approved plan, Landlord shall make this determination in consultation with NRCS or the appropriate Soil Conservation District. If Landlord determines that such date and Damage should not be repaired, Tenant shall be responsible to Landlord refunding rentals collected beyond such date. Should a portion for the diminution in value of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeasePremises. In the event that Tenant, after receipt of a written notice from Landlord exercises its right describing Tenant's failure to repair such un-tenantable portioncomply with Tenant's obligations under this Paragraph, fails to commence and substantially correct the rental shall xxxxx conditions described in the proportion that the injured parts bears to the whole Premisessaid notice, and such part so injured shall be restored Landlord may, upon being notified by Landlord as speedily as practicablethat Tenant is in violation of the terms and conditions of the Agreement, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of terminate this Agreement and any renewal thereof to or, in its sole discretion, enter the Premises for the purpose of inspecting upon the Premises and perform such work as Landlord determines is necessary to correct said conditions. Tenant shall, after written demand therefor by Landlord, reimburse Landlord for all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate costs incurred by Landlord in performance of such work. Landlord shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the preservation damage or destruction of the Premises and/or any Improvements thereon. This Agreement shall not be construed to require or the building. obligate Landlord and its agents shall further have the right to exhibit cause any Damage to the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist be repaired for the purpose benefit of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesTenant.

DAMAGE TO PREMISES. In the event If the Premises are damaged or destroyed or rendered wholly un-tenantable by fire, storm, earthquake, fire or other casualty not caused by resulting from the negligence wrongful or negligent act of Tenant, the damage is such that Tenant is unable to reasonably use the Premises for its Permitted Use, and Landlord, with reasonable due diligence, cannot repair the Premises within sixty days of the date of damage, then either party may terminate this Agreement Lease by written notice to the other delivered within fifteen days after the date of the damage. If the Lease is terminated, Tenant shall terminate from such time except vacate and deliver the Premises to Landlord in accordance with Section 6 above within thirty days following the date of the termination notice. If not so terminated, Landlord shall proceed diligently to repair the damage, and Rent shall be abated for the purpose period of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by time and between Landlord and Tenant up to the time of such injury or destruction of extent that Tenant cannot use the Premises; provided, Tenant paying rentals up however, Landlord’s obligation to such date repair the Premise shall be limited to the amount of available insurance proceeds (which, for purposes of this provision, shall include any deductible or self-insurance retention amount for which Landlord is responsible), and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right no obligation to repair such un-tenantable portionand restore Tenant’s trade fixtures, the rental shall xxxxx in the proportion that the injured parts bears decorations, signs, personal property, or any improvements to the whole Premises, Premises installed by or on behalf of Tenant at Tenant’s expense (and such part so injured shall be restored not paid for out of an improvement allowance given by Landlord as speedily as practicableto Tenant) (collectively “Tenant’s Property”). Additionally, after which the full rent Landlord shall recommence and the Agreement continue according not be liable to its terms. It is the sole responsibility of tenant Tenant for any damage to properly insure personal items Tenant’s property, including, but not limited to, that arising from loss due to floodor caused by casualty loss, fire, storm, theft, earthquakeacts of other tenants, water or weather, and Tenant shall carry at its expense whatever insurance it elects to protect Tenant’s property from all loss of any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesnature whatsoever.

DAMAGE TO PREMISES. In If the event the Premises are destroyed leased premises or rendered wholly un-tenantable any part thereof shall be partially damaged by fire, storm, earthquake, fire or other casualty not caused due to Lessee’s negligence or willful act or that of Lessee’s employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the negligence of Tenanttime during which, this Agreement shall terminate from such time except for and the purpose of enforcing rights that extent to which, the leased premises may have then accrued hereunder. The rental provided for herein been untenantable; but, if the leased premises shall then be accounted for damaged other than by Lessee’s negligence or willful act or that of Lessee’s employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and between Landlord and Tenant the rent shall be prorated up to the time of such injury the damage. If the damage to the leased premises is due to the Lessee’s negligence or destruction willful act or that of Lessee’s employee, family, agent, or visitor, the Premisesabove terms shall apply but the rent shall not xxxxx. While resident is in possession of said premises, Tenant paying rentals up resident is responsible for the repair of any and all damage to such date and Landlord refunding rentals collected beyond such datethe rental dwelling brought about by resident, resident’s guests , invitees or otherwise. Should a portion of the Premises thereby be rendered un-tenantableleased premises become uninhabitable by casualty, the Landlord shall have the option of either repairing such injured Lessor may, at Lessor’s option, terminate this lease or damaged portion or terminating this Lease. In the event that Landlord exercises its right commence to repair such unthe damages within thirty (30) days. If the Lessor does not repair the leased premises within this time, or if the premises are completely destroyed, this lease is terminated. Should the Lessor elect to repair the leased premises, rent shall be abated and pro-tenantable portionrated from the date of casualty to the date of re-occupancy; provided, however, that during the rental repairs Lessee has vacated and removed Lessee’s possessions as required by Lessor. The date of re-occupancy shall xxxxx in be the proportion date of notice that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesleased premises are repaired.

DAMAGE TO PREMISES. In If the event the Premises are destroyed leased premises or rendered wholly un-tenantable any part thereof shall be partially damaged by fire, storm, earthquake, fire or other casualty not caused due to Lessee’s negligence or willful act or that of Lessee’s employee, family, agent, visitor, or possessions, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the negligence of Tenanttime during which, this Agreement shall terminate from such time except for and the purpose of enforcing rights that extent to which, the leased premises may have then accrued hereunder. The rental provided for herein been untenantable; but, if the leased premises shall then be accounted for damaged other than by Lessee’s negligence or willful act or that of Lessee’s employee, family, agent, visitor or possessions to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and between Landlord and Tenant the rent shall be prorated up to the time of such injury the damage. If the damage to the leased premises is due to the Lessee’s negligence or destruction willful act or that of Lessee’s employee, family, agent, visitor, or possessions, the Premisesrent shall not xxxxx. While the Lessee is in possession of said premises, Tenant paying rentals up the Lessee is responsible for the repair of any and all damage to such date and Landlord refunding rentals collected beyond such datethe rental dwelling brought about by Lessee, Lessee’s guests, invitees, or otherwise. Should a portion of the Premises thereby be rendered un-tenantableleased premises become uninhabitable by casualty, the Landlord shall have the option of either repairing such injured Lessor may, at Lessor’s option, terminate this lease or damaged portion or terminating this Lease. In the event that Landlord exercises its right commence to repair such unthe damages. Should the Lessor elect to repair the leased premises, rent shall be abated and pro-tenantable portionrated from the date of casualty to the date of re-occupancy; provided, however, that during the rental repairs Lessee has vacated and removed Lessee’s possessions as required by Lessor. The date of re-occupancy shall xxxxx in be the proportion date of notice that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesleased premises are repaired.

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation partial destruction of the Premises or the buildingBuilding of which the Premises constitutes a part during the term of the Lease, Landlord shall forthwith make such repairs provided such repairs can be made within sixty (60) days under the laws and regulations of the public authorities, but such partial destruction (including any destruction necessary to make such repairs) shall in no event annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction in rent while such repairs are being made, such reduction to be based upon the extent (if any) to which the making of such repairs materially interferes with the business carried on by Tenant in the Premises. If such repairs cannot be made within sixty (60) days, Landlord may at his option make such repairs within a reasonable time, in which event this Lease shall continue in full force and its agents effect, except that the rent shall further be abated in accordance with the aforestated procedure and provided that Landlord notifies Tenant of his intention to do so within thirty (30) days after the partial destruction. In the event Landlord does not so elect to make such repairs which cannot be made within sixty (60) days, or such repairs cannot be made under such laws and regulations, or if Landlord elects to make such repairs and such repairs cannot be completed within 120 days, then and in that event, this lease may be terminated at the option of either party with thirty days prior written notice. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this paragraph occurs during the last twelve (12) months of the term of this Lease or any extension thereof. Except for abatement of rent, if any, Tenant shall have no claim against Landlord for any damage suffered by reason of any such damage, destruction, repair or restoration, nor shall Tenant have the right to exhibit terminate this lease as the result of any statutory provision now or hereafter in effect pertaining to the damage and destruction of the Premises and to display or the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this LeaseBuilding except as expressly provided herein. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises19.

DAMAGE TO PREMISES. In If the event the Premises are Tenant's Building is hereafter damaged, destroyed or rendered wholly un-tenantable by firepartially untenantable Tenant shall, stormwithin ninety (90) days after such casualty, earthquake, or other casualty not caused by the negligence commence repair of Tenant's Building, this Agreement shall terminate from and within one hundred eighty (180) days after commencement of such repair (or such additional time except for as may reasonably be required), restore Tenant's Building to substantially the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up same condition in which it was immediately prior to the time of such injury or destruction occurrence of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Leasecasualty. In the event that fifty percent (50%) or more of the Tenant's Building is destroyed or rendered untentantable by fire or other casualty during the last two (2) years of the Primary or any Extension Term of this Lease (based upon the cost to replace the Tenant's Building as compared with the market value of Tenant's Building immediately prior to such fire or other casualty, as shown by certificate of Tenant's architect), then Landlord exercises its or Tenant shall have right to repair such un-tenantable portionterminate this Lease effective as of the date of the casualty, the rental shall xxxxx in the proportion that the injured parts bears by giving written notice of termination to the whole Premisesother within thirty (30) days of such casualty; provided, and such part so injured shall be restored by Landlord as speedily as practicablehowever, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents Tenant shall have the right to nullify any Landlord termination by exercising an option to extend this Lease (if available). If said notice of termination is given within this thirty (30) day period, this Lease shall terminate. If said notice is not given and Tenant is required or elects to repair or rebuild the Tenant's Building as herein provided, then Tenant shall repair and replace Tenant's Building, to at all reasonable times during least its condition prior to the term damage or destruction. In the event of this Agreement and a termination, the proceeds of any renewal thereof applicable insurance policies shall be distributed to enter Landlord or that amount equal to the amount of such insurance proceeds Landlord would have received pursuant to Section 19 but for Tenant's failure to properly insure the Premises for as required herein. In the purpose of inspecting event that a Demised Premises shall be rendered wholly or partially untenantable by a casualty and this Lease is not terminated pursuant to the Premises and all buildings and improvements thereon. And for terms hereof, Tenant shall have the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for right (but not the preservation of obligation) to maintain a trailer at a location in the Premises or the building. Shopping Center reasonably satisfactory to Landlord and its agents Tenant, and shall further have the right to exhibit conduct business therefrom during the Premises and time required to display reconstruct the usual "for sale", "for rent" or "vacancy" signs on Demised Premises; it being acknowledged by Landlord that the Premises at ability to continue operation during any time within forty- five (45) days before the expiration such period is of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform substantial importance to this Agreement or to any restrictions, rules or regulations affecting the PremisesTenant.

DAMAGE TO PREMISES. In the event If the Premises are destroyed or rendered wholly un-tenantable shall be damaged by fire, stormthe elements, earthquake, unavoidable accident or other casualty casualty, but are not caused thereby rendered untenantable in whole or in part, Lessor shall promptly at its expense cause such damage to be repaired, and rent shall not be abated. If by reason of such occurrence the negligence of TenantPremises shall be rendered partially untenantable, this Agreement Lessor shall terminate from such time except promptly at its own expense cause the damage to be repaired, and rent meanwhile shall be abated for the purpose period of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up untenantability in proportion to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby rendered untenantable. If by reason of such occurrence all, or substantially all of the Premises are rendered untenantable, Lessor shall promptly at its expense cause the damage to be rendered un-repaired, and rent shall axxxx until the Premises are again tenantable, unless within thirty (30) days after said occurrence Lessor shall give Lessee written notice that the Landlord estimated time necessary to reconstruct the destroyed Premises is in excess of one hundred eighty (180) days after the date of said occurrence and Lessee elects to terminate this lease by written notice to Lessor given within fifteen (15) days after receipt of Lessor’s notice. If so terminated, this lease and the tenancy hereby created shall cease as of the date of casualty and all rent shall be abated as of such date. Lessor shall not be obligated to reconstruct or repair the Building or Premises except to the extent insurance proceeds have the option of either repairing such injured or damaged portion or terminating this Lease. In been received with respect to the event that Landlord exercises its right causing the damage. Lessor shall not be required to repair such un-tenantable portionrepair, replace or insure any property which the rental shall xxxxx in Lessee may be entitled to remove from the proportion that the injured parts bears to the whole Premises. No damages, and such part so injured compensation or claims shall be restored payable by Landlord as speedily as practicableLessor for inconvenience, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility loss of tenant to properly insure personal items business or other consequential damages arising from loss due to floodany casualty, firemaintenance, storm, theft, earthquake, repair or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation restoration of the Premises or Building. All rent paid in advance shall be apportioned in accordance with the building. Landlord and foregoing provisions as of the date of damage; however, if the damage results wholly or in part from the fault of Lessee, its agents agents, contractors, employees or invitees, Lessee shall further have the right not be entitled to exhibit the Premises and to display the usual "for sale", "for termination or any abatement or reduction in rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In If the event Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall promptly at its expense cause such damage to be repaired, and rent shall not be abated. If by reason of such occurrence the Premises shall be rendered partially untenantable, Landlord shall promptly at its own expense cause the damage to be repaired, and rent meanwhile shall be abated for the period of untenantability in proportion to the portion of the Premises rendered untenantable. If by reason of such occurrence all of the Premises are rendered untenantable, Landlord shall promptly at its expense cause the damage to be repaired, and rent shall xxxxx until the Premises are again tenantable, unless within ten (10) days after said occurrence Landlord shall give Tenant written notice that the estimated time necessary to reconstruct the destroyed Premises is in excess of sixty (60) days after commencement of reconstruction and Tenant elects to terminate this lease by written notice to Landlord given within fifteen (15) days after receipt of Landlord’s notice. If so terminated, this lease and the tenancy hereby created shall cease as of the date of casualty and all rent shall be abated as of such date. Landlord shall not be obligated to reconstruct or rendered wholly un-tenantable repair the Building or Premises only to the extent insurance proceeds have been received with respect to the event causing the damage. Landlord shall not be required to repair, replace or insure any property which the Tenant may be entitled to remove from the Premises. No damages, compensation or claims shall be payable by fireLandlord for inconvenience, storm, earthquake, loss of business or other casualty not caused by the negligence of Tenantconsequential damages arising from any casualty, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury maintenance, repair or destruction restoration of the Premises, Building or Project. All rent paid in advance shall be apportioned in accordance with the foregoing provisions as of the date of damage; however, if the damage results wholly or in part from the fault of Tenant, its agents, contractors, employees or invitees, Tenant paying rentals up shall not be entitled to such date termination or any abatement or reduction in rent. “If the cost of Reconstruction exceeds the amount of insurance proceeds received by Landlord, Landlord may elect to terminate this Lease by giving notice thereof to Tenant within fifteen (15) days following Landlord's determination that the cost of Reconstruction will exceed the insurance proceeds. If the time of Reconstruction exceeds six (6) months, Tenant or Landlord may elect to terminate this Lease by giving notice thereof to the other within fifteen (15) days following Tenant’s notice that the time of Reconstruction will exceed six (6) months.” Landlord may, at its expense, relocate Tenant to space reasonably comparable to the Premises, provided that Landlord notifies Tenant of its intention to do so in a written notice delivered to Tenant within thirty (30) days after the damage. Notwithstanding anything to the contrary contained in this article, Landlord may elect to terminate this Lease in the event of damage to the Building or the Premises occurring during the last twelve (12) months of the Lease or any extension thereof; and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall not have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right any obligation to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of restore the Premises or the building. Landlord and its agents shall further have Building during the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five last twelve (4512) days before the expiration months of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations Lease or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesextension thereof.

DAMAGE TO PREMISES. In the event the Demised Premises are hereafter damaged or destroyed or rendered wholly un-tenantable partially untenantable for their accustomed use, by fire, storm, earthquake, fire or other casualty, then Landlord shall within thirty (30) days after such casualty notify Tenant of its determination to repair or not repair said Demised Premises. If Landlord elects to repair the Demised Premises, it shall commence such repairs within one hundred twenty (120) days after such casualty, to restore the Demised Premises to substantially the condition in which the Demised Premises were immediately prior to the occurrence of the casualty, at Landlord's option. From the date of such casualty until the Demised Premises are so repaired and restored, the Rental Amount payments and all other charges and items payable hereunder shall equitably abate to the extent that the portion of the Demised Premises is renxxxxx unusable by Tenant for its normal operations including appropriate abatement for loss of use of parking areas and other portions of the Demised Premises; provided, however, that if the destruction or damage was caused by the negligence act or omission to act of Tenant, this Agreement its employees, agents, contractors or invitees, there shall be no abatement of the Rental Amount. Any and all insurance proceeds payable as a result of such destruction or damage shall be paid directly to Landlord, excluding insurance proceeds attributable to property owned by Tenant. If Landlord elects not to restore or repair the Demised Premises, it shall so notify Tenant and the Lease shall terminate along with Tenant's obligations to pay any Rental Amount due from such time except for and after the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time date of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisescasualty.

DAMAGE TO PREMISES. In If the event the Premises leased premises are damaged or destroyed or rendered wholly un-tenantable by fire, storm, earthquake, fire or other casualty not caused by casualty, Landlord shall begin repair or restoration of the negligence of Tenant, this Agreement shall terminate from such time except for leased premises within sixty (60) days after the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between date full insurance is paid to Landlord and if not begun within this time period the Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease; provided, however, that if the said damage shall occur within six (6) months of the expiration date of this Lease, Landlord shall have the right within fifteen (15) days to elect to terminate this Lease; and provided, further, that should the building in which the leased premises are located be damaged by fire or other casualty to such an extent that Landlord determines to discontinue the leasing of office space in the building, then Landlord shall have the right within fifteen (15) days to elect to terminate this Lease. If the damage or destruction to the leased premises was caused without fault of Tenant, the rental required by this Lease shall abate proportionately to the extent that the premises xxe untenable by Tenant. In the event that Landlord exercises its right to repair such un-tenantable portionof the termination of this Lease, the rental term hereby granted shall xxxxx in the proportion that the injured parts bears cease, rent shall be apportioned and paid to the whole Premisesdate of such damage, and Tenant shall not be liable for any further rent after such part so injured termination. All furniture, trade fixtures, files and other property of Tenant located at the leased premises shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is at the sole responsibility risk of tenant Tenant, and Landlord shall not in any way be liable for damage to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disastersuch property of Tenant. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations Except as may be deemed appropriate by Landlord for the preservation of the Premises or the building. otherwise be provided in this Lease, Landlord and Tenant mutually agree that in the event of loss or damage to the entire premises, the leased premises and/or any contents, each party shall look first to any insurance in its agents shall further have favor before making any claim against the right to exhibit the Premises other party, and to display the usual "extent possible without additional cost, each part shall obtain for sale"each policy of such insurance provisions permitting waiver of any claim against the other party for loss or damage within the scope of its insurance, "and each party to such extent permitted for rent" or "vacancy" signs on itself and its insurers waives all such insured claims against the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesother party.

DAMAGE TO PREMISES. In the event of substantial damage to the Premises are destroyed or rendered wholly un-tenantable any portion of the Building which Landlord deems material by fire, storm, earthquakethe elements, or other casualty which renders all or substantially all of the Premises untenantable, Landlord shall have the option, exercisable within ninety (90) days after such damage, to terminate this Lease or, if the damage is to the Premises, to repair the Premises. If such damage is not caused by the negligence fault of Tenant, this Agreement its agents, employees or invitees and the same renders the Premises untenantable in whole or in such part that it is impracticable to conduct Tenant's business therein, the rent shall terminate from such time except for abate until the purpose of enforcing rights damages have been repaired, based on the xxxxortion that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a unoccupied portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole total Premises, and such part so injured shall be restored . If the damage to the Premises is not repaired by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquakewithin a reasonable time, or in any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents event within one hundred twenty (120) days after such casualty, Tenant shall have the right at all reasonable times during to terminate this Lease forthwith by giving the term Landlord notice of this Agreement such termination no later than twenty (20) days after such one hundred twenty (120) day period has elapsed. Said one hundred twenty (120) day period shall be extended by any period of time lost as a result of delays caused by reasons beyond Landlord's control, including but not limited to, strike, lockouts, war, unavailability of materials, prevailing weather conditions and any renewal thereof to enter the Premises for the purpose actions of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the buildingTenant. Landlord and its agents shall further have a notice period of thirty (30) days to determine if said premises can not be repaired within said one hundred twenty (120) day period. If the Landlord provides written notice that the repairs can not be made within said one hundred twenty (120) day period, Tenant shall have the right to exhibit terminate this Lease forthwith by giving the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five Landlord notice of such termination no later than twenty (4520) days before the expiration after such thirty (30) day notice period has elapsed. Said thirty (30) day notice period shall be extended by any period of this Lease. The right time lost as a result of entry shall likewise exist for the purpose delays caused by reasons beyond Landlord's control, including but not limited to, strike, lockouts, war, unavailability of removing placardsmaterials, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesprevailing weather conditions and actions of Tenant.

DAMAGE TO PREMISES. In If the event the Premises are destroyed demised premises or rendered wholly un-tenantable said building shall be so damaged by fire, storm, earthquakelightning, or other casualty similar catastrophe as to render said premises wholly untenantable, and if such damage shall be so great that a competent architect, in good standing in the city or county in which the demised premises are located, shall certify in writing to the Landlord and the Tenant that said premises with the exercise of reasonable diligence, cannot caused by be made fit for occupancy within ten (10) days from the negligence of Tenanthappening thereof, then this Agreement Lease shall cease and terminate from the date of occurrence of such time except for damage; and the purpose Tenant thereupon shall surrender to the Landlord said premises and all interest therein hereunder, and the Landlord may reenter and take possession of enforcing rights that said premises discharged from this Lease, and may have then accrued hereunderremove the Tenant therefrom. The rental provided for herein Tenant shall then be accounted for by and between Landlord and Tenant pay rent, duly apportioned, up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration termination of this Lease. The right If, however, the damage shall be such that such an architect so shall certify that said demised premises can be made tenantable within such number of entry days from the happening of said damage by fire, lightning, or similar catastrophe, then the Landlord shall likewise exist repair the damage so done with all reasonable speed, and the rent shall be abated only for the purpose period during which the Tenant shall be deprived of removing placardsthe use of said premises by reason of such damage and the repair thereof. If said demised premises, signswithout fault of the Tenant, fixturesshall be slightly damaged by fire, alterations lightning, or additionssimilar catastrophe but not so as to render the same untenantable, the Landlord, after receiving notice in writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; but do in such event there shall be no abatement of the rent. In case the building throughout be so injured or damaged, whether by fire or otherwise (though said demised premises may not conform be affected) that the Landlord within five (5) days after the happening of such injury, shall decide to rebuild or reconstruct said building, and shall enter into a bonafide, legal and binding contract therefor then upon five (5) days notice in writing to that effect given by the Landlord to the Tenant, this Agreement or Lease shall cease and terminate from the date of the occurrence of said damage, and the Tenant shall pay the rent, properly apportioned, up to any restrictionssuch date, rules or regulations affecting the Premisesand both parties hereto shall be free and discharged of all further obligations hereunder.

DAMAGE TO PREMISES. In (a) Subject to Section 11.03, if the event premises are Damaged and the repair can, in the opinion of the Architect, be Substantially Completed under Applicable Laws within one hundred and eighty (180) days from the date of such Damage (employing normal construction methods without overtime or other premiums), the Landlord will, to the extent the Damage results from a peril against which the Landlord is required to insure or otherwise insures, promptly repair or reconstruct the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time extent of such injury its’ obligations under Section 2.01 of Schedule “C”. If part or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion all of the Premises thereby be rendered un-tenantableis not Usable because of the Damage, then except where the Landlord’s Work and Tenant’s Work (as defined below in this Section 11.02(a)) take less than ten (10) days to complete after the date of the Damage (in which case no Rent abatement shall occur), the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall Basic Rent (but not Additional Rent) will xxxxx in the proportion that the injured parts bears Rentable Area of that part of the Premises which is not Usable (as determined by the Architect) is to the Rentable Area of the whole of the Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which from the full rent shall recommence and date of the Agreement continue according to its terms. It Damage until the earlier of (i) the date when the whole of the Premises is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquakeUsable again, or any other unnatural or natural disaster(ii) thirty (30) days after Substantial Completion of the Landlord’s Work. INSPECTION OF PREMISES. When the Landlord and notifies the Tenant that it has completed enough of the Landlord's agents shall have ’s Work to enable the right at Tenant to start its work, the Tenant will diligently perform all reasonable times during repairs to the term Premises which are its responsibility under Section 10.01 of this Agreement Lease and any renewal thereof all other work required to enter fully restore the Premises for use in the purpose Tenants business (including, without limitation, the work described in Section 3.02 of inspecting Schedule “C” but excluding Landlord’s Work)(the “Tenants Work”) and will reopen the whole of the Premises for business as soon as possible but in any event within thirty (30) days after the Landlord’s notice. All of the provisions of Schedule “C” will apply except for any fixturing period or rent free period and all buildings and improvements thereon. And for no capital allowance, inducement to lease, or other payment that was made to the purposes of making any repairsTenant at the time of, additions or alterations as may be deemed appropriate by Landlord for in connection with the preservation original construction of the Premises or the building. Tenants Leasehold Improvements will be paid by the Landlord and its agents shall further have to the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesTenant.

DAMAGE TO PREMISES. In the event If the Premises are destroyed or rendered wholly un-tenantable the Building shall be so damaged by fire, storm, earthquake, fire or other casualty not caused as to render the Premises wholly untenantable and if such damage shall be so great that a competent architect, in good standing, selected by the negligence of Tenant, this Agreement Landlord shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between certify in writing to Landlord and Tenant within sixty (60) days of said casualty that the Premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within one hundred twenty (120) working day’s from the happening thereof, then Landlord may, at its option, terminate this Lease. If Landlord so elects to terminate this Lease, Tenant shall thereupon surrender to Landlord the Premises and all interest therein hereunder, and Landlord may reenter and take possession of the Premises and remove Tenant therefrom. Tenant shall pay Rent, duly apportioned, up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration termination of this Lease. If Landlord does not so elect to terminate this Lease then, Landlord shall repair the damage so done (to the extent of the Tenant Improvements identified in Exhibit D, the “Work Letter”, if any, provided by Landlord to Tenant) with all reasonable speed and this Lease shall continue in effect. Landlord shall not have any obligation to rebuild in the event of major damage to the Premises during the last Twelve (12) months of the term. The right reference in the foregoing to Rent being “duly apportioned” shall mean that Rent allocable to Rentable Square Feet of entry the Premises that is rendered unusable by the casualty shall likewise exist be abated as of the date of the casualty and Rent allocable to the Rentable Square Feet of the Premises which remains usable following such casualty being payable until the Lease Expiration Date or until earlier termination of the Lease as provided for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesherein.

DAMAGE TO PREMISES. a. Should the Demised Premises, (or any part thereof), be damaged or destroyed by fire or other casualty insured under the standard fire and casualty insurance policy with approved standard extended coverage endorsement applicable to the Demised Premises, Lessor shall, except as otherwise provided herein, and to the extent it recovers proceeds from such insurance, repair and/or rebuild the same with reasonable diligence. Lessor’s obligation hereunder shall be limited to the building and improvements originally provided by Lessor when the Demised Premises were originally constructed and the insurance carried by Lessor shall be held in trust by Lessor for such purposes. Lessor shall not be obligated to repair, rebuild or replace any property belonging to Lessee or any improvements to the Demised Premises furnished by Lessee. Unless this lease is terminated by Lessor as hereinafter provided, Lessee shall, at its cost and expense, repair, restore, redecorate and refixture the Demised Premises and restock the contents thereof in a manner and to at least a condition equal to that existing prior to such damage or destruction, except for the building and improvements to be reconstructed by Lessor as above set forth, and the proceeds of the insurance carried by Lessee on the property, decorations and improvements as well as fixtures and contents in the Demised Premises shall be held in trust by Lessee for such purposes. In the event the Demised Premises are completely or partially destroyed or rendered wholly un-tenantable so damaged by fire, storm, earthquake, fire or other casualty and this lease is not caused by the negligence terminated as hereinafter provided, there shall be abatement of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by rent; it being understood and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion agreed that the injured parts bears Lessee shall, at its sole discretion, cost and expense, procure necessary insurance to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to protect itself against any interruption of its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesbusiness.

DAMAGE TO PREMISES. In If the event the Premises are destroyed leased premises or rendered wholly un-tenantable any part thereof shall be partially damaged by fire, storm, earthquake, fire or other casualty not caused due to Lessee’s negligence or willful act or that of Lessee’s employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the negligence of Tenanttime during which, this Agreement shall terminate from such time except for and the purpose of enforcing rights that extent to which, the leased premises may have then accrued hereunder. The rental provided for herein been untenantable; but, if the leased premises shall then be accounted for damaged other than by Lessee’s negligence or willful act or that of Xxxxxx’s employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and between Landlord and Tenant the rent shall be prorated up to the time of such injury the damage. If the damage to the leased premises is due to the Lessee’s negligence or destruction willful act or that of Xxxxxx’s employee, family, agent, or visitor, the Premisesabove terms shall apply but the rent shall not xxxxx. While resident is in possession of said premises, Tenant paying rentals up resident is responsible for the repair of any and all damage to such date and Landlord refunding rentals collected beyond such datethe rental dwelling brought about by resident, resident’s guests , invitees or otherwise. Should a portion of the Premises thereby be rendered un-tenantableleased premises become uninhabitable by casualty, the Landlord shall have the option of either repairing such injured Lessor may, at Lessor’s option, terminate this lease or damaged portion or terminating this Lease. In the event that Landlord exercises its right commence to repair such unthe damages within thirty (30) days. If the Lessor does not repair the leased premises within this time, or if the premises are completely destroyed, this lease is terminated. Should the Lessor elect to repair the leased premises, rent shall be abated and pro-tenantable portionrated from the date of casualty to the date of re-occupancy; provided, however, that during the rental repairs Lessee has vacated and removed Xxxxxx’s possessions as required by Lessor. The date of re-occupancy shall xxxxx in be the proportion date of notice that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesleased premises are repaired.

DAMAGE TO PREMISES. In the event that the Premises premises are destroyed totally destroyed, or rendered wholly un-tenantable so damaged by fire, storm, earthquake, fire or other casualty not caused by occurring through the fault or negligence of Tenant, its employees, agents or business invitees, that the same, in the reasonable opinion of Landlord cannot be repaired and restored within a period of nine (9) months, this Agreement Lease shall absolutely cease and terminate from such time except and the Rent shall be apportioned as of the date of the casualty and xxxxx for the purpose balance of enforcing rights the term. Landlord shall serve notice upon Tenant within thirty (30) calendar days after the casualty as to whether the premises can and will in fact be repaired and restored within the nine (9) months period. If the damage, caused as above, be only partial or such that may have then accrued hereunderthe premises can in the reasonable opinion of the Landlord, be restored to their present condition within a period of nine (9) months, Landlord agrees with reasonable promptness to restore the same, reserving the right to enter upon the premises for that purpose. The rental provided for herein Landlord also reserves the right to enter upon the premises whenever necessary to repair damaged caused by fire or other casualty to Tenant's Building, even though the effect of such entry would be to render the premises or a part thereof untenantable. In either event, the Rent shall then be accounted for by and between Landlord and Tenant up to apportioned and/or suspended during the time of such injury or destruction of Landlord is in possession, taking into account the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be premises rendered un-tenantable, untenantable the Landlord shall have duration of Landlord's possession and the option of either repairing such injured or damaged portion or terminating this Leaseinterference with the Tenant's business. In the event that Landlord exercises its right undertakes to repair such un-tenantable portionmake repairs to or to restore the premises, the rental Landlord shall xxxxx in the proportion that the injured parts bears not be obligated to the whole Premisesrestore or replace property owned by Tenant including, and such part so injured shall be restored by Landlord as speedily as practicablebut not limited to, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signsfurniture, fixtures, alterations improvements, inventory, equipment, etc., unless damage is caused by the gross negligence of the Landlord. If such damage results from the negligent act or additionsomission of Tenant or Tenant's employees or agents, but do Tenant shall not conform to this Agreement or be entitled to any restrictions, rules abatement or regulations affecting reduction of the Premisesrent.

DAMAGE TO PREMISES. In the event the If, by no fault of Tenant, Premises are totally or partially damaged or destroyed or rendered wholly un-tenantable by fire, storm, earthquake, accident or other casualty not caused by the negligence of Tenantthat render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving the other written notice. Rent shall terminate from such time except for be abated as of the purpose of enforcing rights that may have then accrued hereunderdate Premises become totally or partially uninhabitable. The rental provided for herein abated amount shall then be accounted for by the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall promptly repair the damage, and between Landlord and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable use of Premises. If damage occurs as a result of an act of Tenant up to the time of such injury or destruction of the PremisesTenant’s guests, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the only Landlord shall have the option right of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premisestermination, and such part so injured no reduction in Rent shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its termsmade. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter If the Premises for are partially destroyed by fire or other casualty to an extent that prevents the purpose conducting of inspecting Tenant’s use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $10,000.00, Landlord shall repair the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation a just proportion of the Premises or lease payments shall axxxx during the building. Landlord and its agents shall further have period of the right repair according to exhibit the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is $10,000.00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord’s control, or if the property is condemned, this Lease shall terminate upon twenty days’ written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at it. Tenant shall give Landlord immediate notice of any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform damage to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In the event that without negligence or willful misconduct of Tenant or its employees, agents, or licensees, the Premises are damaged by fire or other casualty to such extent that the Premises are rendered substantially inaccessible or unusable for office purposes then either Landlord or Tenant shall have the option to terminate this Lease, provided that the party wishing to terminate this Lease must give written notice of termination to the other party within thirty (30) days after the date upon which such damage occurs or the option to terminate shall be void. In the event that either party exercises the option to terminate, this Lease shall be deemed to terminate on the third day after the giving of said notice, and Tenant shall surrender possession within ten (10) days thereafter. In the event neither party exercises the aforesaid option to terminate this Lease, Landlord, at its expense, shall repair the damage with reasonable dispatch, restoring the Premises as nearly as possible to its condition prior to such damage and all Base Rent and Additional Rent payable hereunder shall xxxxx from the date the damage occurred until such time as the Premises have been entirely repaired and restored. Any disbursement of insurance proceeds by a holder of a deed of trust shall be deemed to have been made by Landlord. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by strikes, adjustment of insurance, and other causes beyond Landlord's control. Notwithstanding the foregoing provision, in the event the Premises are destroyed or rendered wholly un-tenantable damaged by fire, storm, earthquake, fire or other insured casualty not caused by due to the negligence or willful misconduct of Tenant, this Agreement or the employees, agents or licensees of Tenant then without prejudice to any other rights and remedies of Landlord or its insurer, the damage shall terminate from such time except be repaired as provided above. Tenant, however, shall not be relieved of any liability for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time Premises caused by any negligence or willful misconduct of such injury Tenant or destruction of the Premisesits employees, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured agents or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premiseslicensees.

DAMAGE TO PREMISES. In If the event Premises shall be destroyed or damaged by fire, windstorm, civil disturbance or other casualty during the Term so that the same shall be rendered untenantable, Lessor shall have the right to render the Premises tenantable by repairs made within one hundred eighty (180) days from the date of payment to Lessor of applicable insurance proceeds. If the Premises are destroyed or not rendered wholly un-tenantable by firewithin such time, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement it shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured Lessor or damaged portion or terminating Lessee to terminate this Lease. In If either Lessor or Lessee shall exercise its option to terminate this Lease pursuant to this Paragraph, Xxxxxx's obligation to pay both Monthly Rent shall cease at the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such time of said termination. If only a part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises shall be destroyed, Monthly Rent only shall be apportioned for the remaining tenantable area as determined by Lessor, in Lessor's sole discretion. Notwithstanding the foregoing, if the damage results from the fault of Lessee, or Lessee's agents, employees, visitors, licensees or invitees, Lessee shall not be entitled to any abatement or reduction of rent. Although nothing contained in this Lease shall ever be construed as obligating Lessor to pay the building. Landlord and its agents shall further have the right premiums for any such insurance which Lessee is obligated to exhibit the Premises and to display the usual "for sale"carry under this Lease, "for rent" or "vacancy" signs on the Premises if, at any time within forty- five (45) days before during the expiration continuance of this Lease. The right , Lessee fails to deliver such policies and the evidence of entry shall likewise exist payment of the premiums for such policies, Lessor may, at Lessor's option, procure the purpose of removing placards, signs, fixtures, alterations or additionssaid insurance and Lessee will owe Lessor reimbursement therefore immediately as additional Rent, but do not conform to this Agreement or to any restrictions, rules or regulations affecting such facts will never be construed as constituting a waiver by Xxxxxx of the Premisesdefault hereunder committed by Xxxxxx.

DAMAGE TO PREMISES. In If the event the Premises leased premises are damaged or destroyed or rendered wholly un-tenantable by fire, storm, earthquake, fire or other casualty not caused by casualty, Landlord shall begin repair or restoration of the negligence of Tenant, this Agreement shall terminate from such time except for leased premises within sixty (60) days after the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between date full insurance is paid to Landlord and if not begun within this time period the Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease; provided, however, that if the said damage shall occur within six (6) months of the expiration date of this Lease, Landlord shall have the right within fifteen (15) days to elect to terminate this Lease; and provided, further, that should the building in which the leased premises are located be damaged by fire or other casualty to such an extent that Landlord determines to discontinue the leasing of office space in the building, then Landlord shall have the right within fifteen (15) days to elect to terminate this Lease. If the damage or destruction to the leased premises was caused without fault of Tenant, the rental required by this Lease shall abate proportionately to the extent that the premises are uxxxxxble by Tenant. In the event that Landlord exercises its right to repair such un-tenantable portionof the termination of this Lease, the rental term hereby granted shall xxxxx in the proportion that the injured parts bears cease, rent shall be apportioned and paid to the whole Premisesdate of such damage, and Tenant shall not be liable for any further rent after such part so injured termination. All furniture, trade fixtures, files and other property of Tenant located at the leased premises shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is at the sole responsibility risk of tenant Tenant, and Landlord shall not in any way be liable for damage to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disastersuch property of Tenant. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations Except as may be deemed appropriate by Landlord for the preservation of the Premises or the building. otherwise be provided in this Lease, Landlord and Tenant mutually agree that in the event of loss or damage to the entire premises, the leased premises and/or any contents, each party shall look first to any insurance in its agents shall further have favor before making any claim against the right to exhibit the Premises other party, and to display the usual "extent possible without additional cost, each part shall obtain for sale"each policy of such insurance provisions permitting waiver of any claim against the other party for loss or damage within the scope of its insurance, "and each party to such extent permitted for rent" or "vacancy" signs on itself and its insurers waives all such insured claims against the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesother party.

DAMAGE TO PREMISES. In the event the Demised Premises are hereafter damaged or destroyed or rendered wholly un-tenantable partially untenantable for their accustomed use, by fire, storm, earthquake, fire or other casualty not caused insured or which should have been insured under the coverage which Landlord is obligated to carry pursuant to Article 15(A) hereof, then Landlord shall within sixty (60) days after such casualty commence repair of said Demised Premises and within one hundred eighty (180) days after commencement of such repair restore the same to substantially the condition in which it was delivered to Tenant in accordance with Article 2 above, except that Landlord shall also restore any work performed by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time extent the same is covered by Landlord's insurance policy. In no event shall Landlord be required to repair or replace Tenant's stock in trade, fixtures, equipment, furniture, furnishings, wall covering, carpeting and drapes (except as provided in the foregoing sentence). From the date of such injury or destruction casualty until the Demised Premises are so repaired and restored, Annual Base Rent payments and all other charges and items payable hereunder shall xxxxx in such proportion as the part of the Demised Premises thus destroyed or rendered untenantable bears to the total Demised Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its fifty percent (50%) or more of the Demised Premises is destroyed or rendered untenantable by fire or other casualty (based upon the cost to replace the Demised Premises damaged or destroyed as compared with the market value of the improvements on said premises immediately prior to such fire or other casualty as shown by certificate of Landlord's architect), or if the Demised Premises cannot be fully restored within 240 days after such casualty, or if the Demised Premises are damaged or destroyed in the last two (2) years of the Primary Term or any Renewal Term, Tenant shall have right to repair terminate this Lease effective as of the date of the casualty, by giving Landlord, within thirty (30) days of such un-tenantable portioncasualty, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premiseswritten notice of termination. Furthermore, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents Tenant shall have the right at all reasonable times during to terminate this Lease in the term event of a fire or other casualty which destroys fifty percent (50%) or more of the leasable square footage in the Shopping Center by giving written notice of such termination within thirty (30) days after such casualty, and such termination shall be effective as of the date of the casualty. If said notice of termination is given within this Agreement thirty (30) day period, the Lease shall terminate and any renewal thereof to enter the Premises for the purpose of inspecting the Premises Annual Base Rent and all buildings other charges shall xxxxx as aforesaid from the date of such casualty, and improvements thereon. And for the purposes of making Landlord shall promptly repay to Tenant any repairs, additions or alterations rent paid in advance which has not been earned as may be deemed appropriate by Landlord for the preservation of the date of such casualty. If said notice is not given and Landlord is required or elects to repair or rebuild the Demised Premises or the building. Landlord as herein provided, then Tenant shall repair and replace its agents shall further have the right to exhibit the Premises and to display the usual "for sale"merchandise, "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, trade fixtures, alterations furnishings and equipment to at least their condition prior to the damage or additionsdestruction. Except as herein expressly provided to the contrary, but do this Lease shall not conform to this Agreement terminate nor shall there be any abatement of rent or to any restrictions, rules other charges or regulations affecting items of additional rent as the Premisesresult of a fire or other casualty.

DAMAGE TO PREMISES. In If the event Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Lessor shall promptly at its expense cause such damage to be repaired, and rent shall not be abated. If by reason of such occurrence the Premises shall be rendered partially untenantable, Lessor shall promptly at its expense cause the damage to be repaired, and rent meanwhile shall be abated for the period of untenantability in proportion to the portion of the Premises rendered untenantable. If by reason of such occurrence all of the Premises are destroyed rendered untenantable, Lessor shall promptly at its expense cause the damage to be repaired, and rent shall abate until the Premises are again tenxxxxxle. Lessor shall not be obligated to reconstruct or rendered wholly un-tenantable repair the Building or the Premises except to the extent insurance proceeds have been received by fireLessor with respect to the event causing the damage. Lessor shall not be required to repair, stormreplace or insure any of Lessee's personal property. No damages, earthquakecompensation or claims shall be payable by Lessor for inconvenience, loss of business or other casualty not caused by the negligence of Tenantconsequential damages arising from any casualty, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury maintenance, repair or destruction restoration of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such dateBuilding or Project. Should a portion All rent paid in advance shall be apportioned in accordance with the foregoing provisions as of the date of damage; however, if the damage results wholly or in part from the fault of Lessee, its agents, contractors, employees, customers, guests or invitees, Lessee shall not be entitled to termination this Lease. Notwithstanding the foregoing to the contrary, Lessor shall not be obligated to repair damage or restore the Building or the Premises thereby be rendered un-tenantableif Lessor's lender does not make insurance proceeds available for such purpose and Lessor is unable to obtain alternative financing within six (6) months after Lessor's receipt of notice that its lender refuses to make the insurance proceeds available, after having made good faith efforts to obtain such alternative financing. Notwithstanding the Landlord foregoing, if the Premises are damaged by any peril other than as a result wholly or in part of any act or omission of Lessee, its agents, contractors, employees, invitees, licensees or visitors, then Lessee shall have the option of either repairing such injured to terminate the Lease if the Premises cannot reasonably be, or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portionare not in fact, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be fully restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according Lessor to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time their prior condition within forty- five one hundred eighty (45180) days before after the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesdamage.

DAMAGE TO PREMISES. In If the event building in which the Premises are destroyed or rendered wholly un-tenantable located is damaged by fire, storm, earthquake, fire or other casualty not caused by the negligence of Tenantcasualty, this Agreement CNS shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up give Notice to the time THE CUSTOMER of such injury damage as quickly as practicable under the circumstances. If the landlord of the Premises or CNS exercises an option to terminate a particular lease or license due to damage or destruction of the Premises subject to such lease or license, or if landlord determines not to rebuild such building or portion thereof in which the Licensed Area is located, the relevant Colocation Services Order and this License shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the Colocation Services fees and charges paid by THE CUSTOMER shall be adjusted accordingly. If neither the landlord of the affected Premises nor CNS exercises the right to terminate, then once the landlord has restored the building and the Premises, Tenant paying rentals up CNS shall repair the particular Licensed Area to such date and Landlord refunding rentals collected beyond such date. Should a portion substantially the same condition it was in prior to the damage, completing the same with reasonable speed considering all of the Premises thereby be rendered unfacts and circumstances. In no event shall CNS have any obligation to repair or replace THE CUSTOMER-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Leaseprovided Equipment. In the event that Landlord exercises its right CNS shall fail to complete the repair within a reasonable time period under the circumstances, THE CUSTOMER shall thereupon have the option to terminate the relevant Colocation Services Order and this License with respect to the affected Licensed Area, which option shall be the sole remedy available to THE CUSTOMER against CNS under this Agreement relating to such un-tenantable portionfailure. If the Licensed Area or any portion thereof shall be rendered unusable by reason of such damage, the rental Colocation Services fees and charges for such Licensed Area shall xxxxx in proportionately xxxxx, based on the proportion that amount of square footage of the injured parts bears Licensed Area which is rendered unusable, for the period from the date of such damage to the whole Premises, and date when such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents damage shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises been repaired for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation portion of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesLicensed Area rendered unusable.

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of TenantLessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord Lessor and Tenant Lessee up to the time of such injury or destruction of the Premises, Tenant Lessee paying rentals up to such date and Landlord Lessor refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantableuntenantable, the Landlord Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord Lessor exercises its right to repair such un-tenantable untenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord Lessor as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It Nothing in this Lease shall be interpreted to provide Lessee with credits for any period of time in which the Premises are available and not destroyed or rendered wholly untenantable, nor shall Lessee be entitled to make a claim for any other remedies or compensation, including moving costs or the costs of renting another residence. Wholly untenantable shall be construed strictly to refer to a unit that cannot, under any circumstances, be inhabited, and shall not refer to an apartment where there is the sole responsibility of tenant to properly insure personal items from loss due to floodan item in need or repair (such as heating, fireplumbing, storm, theft, earthquakeroofing, or the like) unless such condition creates an unlawful condition and continues unabated, after written notice from Lessee to Lessor, without repair for over 30 days, nor shall it refer to any other unnatural item that is cosmetic or natural disasterprovided for purposes of convenience or comfort. INSPECTION OF PREMISES. Landlord and Landlord's agents Lessee shall have the right at all reasonable times during the term of this Agreement and cooperate with any renewal thereof requests by Lessor to enter vacate the Premises as necessary for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five repairs upon reasonable (4524 hours) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesnotice.

DAMAGE TO PREMISES. In If the event Premises hereafter damaged or destroyed or rendered partially untenable for their accustomed use by fire or other casualty insured under the coverage which Landlord is obligated to carry hereunder, Landlord shall promptly repair the same to substantially the condition which they were in immediately prior to the happenings of such casualty (excluding stock in trade, fixtures, furniture, carpeting, floor coverings, drapes and equipment), and from the date of such casualty until the Premises are so repaired and restored, the Minimum Monthly Rent payments hereunder shall xxxxx in such proportion as the part of said Premises thus destroyed or rendered wholly un-tenantable by fireuntenable bears to the total Premises PROVIDED, stormHOWEVER, earthquake, that Landlord shall not be obligated to repair and restore if such casualty is caused directly or other casualty not caused indirectly by the negligence of a Tenant, this Agreement its agents, and employees; and PROVIDED, FURTHER, that Landlord shall terminate from not be obligated to expend for such time except repair or restoration an amount in excess of the insurance proceeds recovered and made available to Landlord as a result of such damages, and PROVIDED, FURTHER, that if the Premises be damaged, destroyed or rendered untenable for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for their accustomed uses by and between Landlord and Tenant up fire other casualty to the time extent of such injury or destruction more that 50% of the Premises, Tenant paying rentals up cost to such date and Landlord refunding rentals collected beyond such date. Should a portion replace the Premises during the last two years of the Premises thereby be rendered un-tenantableterm of this Lease, the then Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to terminate this Lease effective as of the date of such casualty by giving to Tenant, within sixty (60) days after happening of such casualty, written notice of such termination. If such notice be given, this Lease shall terminate and Landlord shall promptly repay to Tenant any rent thereto fore paid in advance which was not earned at the date of such casualty. If said notice is not given and Landlord is required or elects to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter restore the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairsas herein provided, additions then Tenant shall promptly repair or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and replace its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signsstock in trade, fixtures, alterations or additionsfurnishings, but do not conform furniture, carpeting, wall covering, floor covering, drapes and equipment to this Agreement or the same condition as they wherein immediately prior to any restrictionsthe casualty, rules or regulations affecting and if Tenant has closed its business, Tenant shall promptly reopen for business upon the Premisescompletion of such repairs.

DAMAGE TO PREMISES. In the event the Leased Premises are hereafter damaged or destroyed or rendered wholly un-tenantable partially untenantable for their accustomed uses by fire, storm, earthquake, fire or other casualty not caused by insured under the negligence coverage which landlord is obligated to carry pursuant to Section 11 herein, then upon receipt of Tenantthe proceeds of such insurance, this Agreement Landlord shall terminate from such time except for promptly repair the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by Leased Premises and between Landlord the Building and Tenant up restore the same to substantially the condition in which they were immediately prior to the time happening of such injury or destruction casualty, and from the date of such casualty until the PremisesLeased Premises are so repaired and restored, Tenant paying rentals up to such date rental payments and Landlord refunding rentals collected beyond such date. Should a portion all other charges and items of the Premises thereby be rendered un-tenantableadditional rent payable hereunder, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in such proportion as the proportion that part of the injured parts Leased Premises thus destroyed or rendered untenantable bears to the whole total Leased Premises, and provided, however, that in the event thirty percent (30%) or more of the Leased Premises or the Building be hereafter destroyed or rendered untenantable by fire or other casualty during the last twelve (12) months of the term of this Lease (based upon the cost to repair the Leased Premises or the Building damaged or destroyed as compared with the market value of the Leased Premises or the Building immediately prior to such part so injured shall be restored fire or other casualty as shown by Landlord as speedily as practicablecertificate of Landlord’s architect), after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents then either party hereto shall have the right at all reasonable times during to terminate this Lease effective as of the term date of such casualty, by giving to the other party hereto within thirty (30) days after the happening or such casualty, written notice of such termination. If said notice be given within said thirty (30) day period this Agreement Lease shall terminate and any renewal thereof to enter the Premises for the purpose of inspecting the Premises base rental and all buildings other charges and improvements thereonitems of additional rent shall xxxxx as aforesaid from the happening of such casualty, and Landlord shall promptly repay to Tenant any rental theretofore paid in advance which has not been earned at the date of such casualty. And for If said notice be not given and Landlord is required or elects to repair or rebuild the purposes of making any repairsLeased Premises as herein provided, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord then Tenant shall repair and replace its agents shall further have the right to exhibit the Premises trade fixtures and personal property in a manner and to display at least a condition equal to that prior to its damage or destruction. Except as herein expressly provided to the usual "for sale"contrary, "for rent" this Lease shall not terminate nor shall there be any abatement of rent or "vacancy" signs on other charges or items of additional rent as the Premises at any time within forty- five (45) days before the expiration result of this Lease. The right a fire or other casualty including causes due to negligence or willful misconduct of entry shall likewise exist for the purpose of removing placardsTenant, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesits employees and/or invitees.

DAMAGE TO PREMISES. In the event If all or any part of the Premises are destroyed or rendered wholly un-tenantable is damaged by fire, storm, earthquake, fire or other casualty (the "Casualty"), Tenant shall immediately notify Landlord in writing. During any period of time that all or a material portion of the Premises is rendered untenantable as a result of a fire or other casualty, the rent (such term expressly excluding Tenant's obligation to pay any insurance deductibles) shall xxxxx for the portion of the Premises that is untenantable and not caused used by Tenant to the negligence extent that Landlord is retmbursed for the same from the proceeds of rental interruption insurance. Landlord shall have the right to terminate this Lease if: (a) repairs cannot reasonably be completed within one (1) year after the Casualty; (b) Landlord is not permitted by law to rebuild the Property in substantially the same form as existed before the Casualty; (c) the Premises have been materially damaged and there is less than two (2) years of the Lease Term remaining on the date of the casualty; (d) subject to the remainder of this Section 8.05, any mortgagee of Landlord requires that the insurance proceeds by applied to the payment of the mortgage debt; (e) except for any deductible, the cost to repair the damage is not completely covered by insurance carried by or required to be carried by Landlord hereunder (provided, however, the election to terminate pursuant to this item (e) will be rendered ineffective if Tenant agrees within five (5) business days of Tenant's receipt of Landlord's termination notice making an election under this item (e) to cover the restoration shortfall and within five (5) business days thereof deposits such shortfall with Landlord);or (f) subject to the remainder of this Section 8.05, the Casualty is an uninsured loss. Landlord may exercise its right to terminate this Agreement Lease by notifying Tenant in writing within ninety (90) days after the date of the casualty; provided, however, with respect Landlord's election not to restore due to insurance proceeds being paid to a mortgagee or an uninsured loss, Tenant may void such termination election by delivering notice to Landlord of Tenant's election to restore the Premises itself, using its own funds (subject to Landlord's agreement to deliver to Tenant following completion of Tenant's restoration work any casualty proceeds actually received by Landlord in connection with the Casualty, if any, and not payable to or held in trust for a mortgagee. Tenant's election to restore pursuant to the preceding will be made within five (5) business days of Tenant's receipt of Landlord's termination notice (Tenant's failure to deliver such notice being deemed an election not to restore and the Lease will terminate). If Landlord does not terminate this Lease, Landlord shall terminate from such time commence and proceed with reasonable diligence to repair and restore the Premises. Such repair or restoration by Landlord shall be to substantially the same condition of the base, shell, and core of the Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws. Notwithstanding any other provision of this Lease, upon the purpose occurrence of enforcing rights that may have then accrued hereunderany damage to the Premises which Landlord has elected to repair, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance carried in connection with the Premises with respect to Tenant improvements and alterations to the Premises, and Landlord shall repair any injury or damage to the tenant improvements installed in the Premises and shall return such tenant improvements to their condition prior to the Casualty; provided, however, if the cost of repairing the Tenant improvements and alterations by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage and no rent abatement will commence pursuant to this Section 8.05 until such funds are delivered to Landlord. In connection with such repairs and replacements, Tenant shall, prior to the commencement of construction, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord and Tenant shall agree upon the contractors to perform such improvement work. For purposes of clarity, in no event shall Landlord be required to spend more than the insurance proceeds received by Landlord. Landlord shall not be liable for any loss or damage to Tenant's property or to the business of Tenant resulting in any way from the fire or other casualty or from the repair and restoration of the damage. The rental provided for herein shall then be accounted for by and provisions of this Article VIII constitute an express agreement between Landlord and Tenant up with respect to the time of such injury any and all damage to, or destruction of, all or any part of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion any statute or regulation of the Premises thereby state, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other such statute or regulation which may hereafter be rendered un-tenantablein effect, the Landlord shall have the option of either repairing such injured or damaged portion or terminating no application to this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, Lease or any other unnatural damage or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at destruction to all reasonable times during the term or any part of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In If the event the Premises are destroyed leased premises or rendered wholly un-tenantable any part thereof shall be partially damaged by fire, storm, earthquake, fire or other casualty not caused due to Lessee’s negligence or willful act or that of Xxxxxx’s employee, family, agent, visitor, or possessions, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the negligence of Tenanttime during which, this Agreement shall terminate from such time except for and the purpose of enforcing rights that extent to which, the leased premises may have then accrued hereunder. The rental provided for herein been untenantable; but, if the leased premises shall then be accounted for damaged other than by Xxxxxx’s negligence or willful act or that of Xxxxxx’s employee, family, agent, visitor or possessions to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and between Landlord and Tenant the rent shall be prorated up to the time of such injury the damage. If the damage to the leased premises is due to the Lessee’s negligence or destruction willful act or that of Xxxxxx’s employee, family, agent, visitor, or possessions, the Premisesrent shall not xxxxx. While the Lessee is in possession of said premises, Tenant paying rentals up the Lessee is responsible for the repair of any and all damage to such date and Landlord refunding rentals collected beyond such datethe rental dwelling brought about by Lessee, Xxxxxx’s guests, invitees, or otherwise. Should a portion of the Premises thereby be rendered un-tenantableleased premises become uninhabitable by casualty, the Landlord shall have the option of either repairing such injured Lessor may, at Lessor’s option, terminate this lease or damaged portion or terminating this Lease. In the event that Landlord exercises its right commence to repair such unthe damages. Should the Lessor elect to repair the leased premises, rent shall be abated and pro-tenantable portionrated from the date of casualty to the date of re-occupancy; provided, however, that during the rental repairs Lessee has vacated and removed Xxxxxx’s possessions as required by Lessor. The date of re-occupancy shall xxxxx in be the proportion date of notice that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesleased premises are repaired.

DAMAGE TO PREMISES. In Upon the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence occurrence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, upon notice (the “Landlord Repair Notice”) to Tenant paying rentals up from Landlord, Tenant shall assign to such date Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord refunding rentals collected beyond shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such date. Should a portion Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Leasedamage. In the event that Landlord exercises does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its right sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such un-tenantable portionfire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the rental Rent shall xxxxx be abated in proportion to the proportion ratio that the injured parts amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the whole total rentable square feet of the Premises. In the event that Landlord shall not deliver the Landlord Repair Notice, and such part so injured Tenant’s right to rent abatement pursuant to the preceding sentence shall be restored terminate as of the date which is reasonably determined by Landlord as speedily as practicable, after which to be the full rent shall recommence and the Agreement continue according date Tenant should have completed repairs to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereonassuming Tenant used reasonable due diligence in connection therewith. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.LAKESHORE TOWERS BUILDING II [United PanAm Financial Corp.]

DAMAGE TO PREMISES. If by fire or other casualty, the Premises and/or the Supermarket are destroyed or damaged to the extent that SCB is deprived of occupancy or use of the same, and if such damage or destruction can be repaired within ninety (90) days from the date of such damage or destruction, VONS shall promptly restore the Premises and the Supermarket and SCB shall restore the Premises FSF to substantially the same condition as existed before such damage or destruction. The License Fee payable by SCB hereunder shall be equitably abated to the extent that SCB is unable to occupy and use the Premises. In the event such damage or destruction cannot be repaired within ninety (90) days, VONS shall notify SCB as soon as practicable whether (i) VONS has elected to repair and rebuild the Supermarket as may be permitted pursuant to the terms of the VONS Sublease, or (ii) VONS has elected not to rebuild the Supermarket and to terminate the VONS Sublease. If VONS has elected to rebuild the Supermarket, SCB shall provide VONS with written notice no later than thirty (30) days after receipt of VONS' notice whether or not SCB desires to reopen the Premises are destroyed FSF in the Supermarket. If SCB desires to reopen the Premises FSF, this Agreement shall continue in effect and the License Fee payable by SCB hereunder shall be equitably abated to the extent that SCB is unable to occupy and use the Premises. If (i) VONS elects not to rebuild the Supermarket or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty if (ii) SCB elects not caused by to reopen the negligence of TenantPremises FSF, this Agreement shall terminate from such time except for effective as of the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time date of such injury damage or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesdestruction.

DAMAGE TO PREMISES. In the event If the Premises are destroyed or rendered wholly un-tenantable shall be damaged by fire, stormthe elements, earthquake, unavoidable accident or other casualty casualty, but are not caused thereby rendered untenantable in whole or in part, Lessor shall promptly at its expense cause such damage to be repaired, and rent shall not be abated. If by reason of such occurrence the negligence of TenantPremises shall be rendered partially untenantable, this Agreement Lessor shall terminate from such time except promptly at its own expense cause the damage to be repaired, and rent meanwhile shall be abated for the purpose period of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up untenantablility in proportion to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby rendered untenantable. If by reason of such occurrence all of the Premises are rendered untenantable, Lessor shall promptly at its expense cause the damage to be rendered un-repaired, and rent shall abatx xxxil the Premises are again tenantable, the Landlord unless within thirty (30) days after said occurrence Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion give Lessee written notice that the injured parts bears estimated time necessary to reconstruct the destroyed Premises and Building is in excess of one hundred twenty (120) days after commencement of reconstruction and Lessee elects to terminate this Lease by written notice, to Lessor given within fifteen (15) days after receipt of Lessor's notice. If so terminated, this lease and the tenancy hereby created shall cease as of the date of casualty and all rent shall be abated as of such date. Lessor shall not be obligated to reconstruct or repair the Building or Premises (i) unless Lessee maintained insurance for such purposes as required by this lease and (ii) except to the whole extent insurance proceeds have been received or are to be made available upon completion of the repairs or reconstruction (other than with respect to repairs costing $100,000 or less). Lessor shall not be required to repair, replace or insure any property which the Lessee may be entitled to remove from the Premises. No damages, and such part so injured compensation or claims shall be restored payable by Landlord as speedily as practicableLessor for inconvenience, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility loss of tenant to properly insure personal items business or other consequential damages arising from loss due to flood, fire, storm, theft, earthquake, any casualty or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation restoration of the Premises or the buildingBuilding except to the extent caused by Lessor's negligence or failure to comply with its obligations under this lease. Landlord All rent paid in advance shall be apportioned in accordance with the foregoing provisions as of the date of damage. If this lease is not terminated on account of such damage or destruction and its agents Lessee so requests, Lessor shall further have the right undertake reasonable efforts to exhibit provide to Lessee office space in one or more other buildings in Innsbrook Corporate Center managed or controlled by Rowe Xxxelopment Company for so long as the Premises remain untenantable (to the extent such office space is then available), and to display in such case Lessee shall pay the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist then prevailing rental rate for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesspace it occupies in such other office buildings.

DAMAGE TO PREMISES. In Grantee acknowledges that the event All Souls Church building is an historic building. Thus, if a substantial portion of the Premises are is destroyed by fire or rendered wholly un-tenantable by fireany other casualty, storm, earthquake, Grantor shall not be responsible for the replacement or other casualty not caused by the negligence repair of Tenant, such Premises and this Agreement shall terminate. If Grantor decides to repair the Premises, Grantor shall not be required to repair or replace any of Grantee’s fixtures or equipment in the Premises or any Improvements made by or for Grantee. If such repair cannot be completed by the beginning of the next school year, Grantee may elect to terminate from this Agreement, provided Grantee gives Grantor timely notice of such time except election to terminate this Agreement. Grantee shall be obligated to immediately repair (or rebuild or replace) casualty damage to the Premises and its contents, which work shall be done in accordance with Grantor’s requirements and applicable laws. Grantee shall maintain insurance, in accordance with Article , and shall use such insurance to cover the expense of repairing, rebuilding, or replacing such casualty damage. If the damage does not interfere with Xxxxxxx’s use of the Premises, there shall be no abatement of Fees. If the damage deprives Grantee of the use of less than all of the Premises, the Base Fee shall be abated by the percentage that the unusable area of the Premises bears to the total area thereof, for the period commencing with the damage and ending with the earlier of (a) the date of substantial completion by Grantor of repairs to the Building or (b) when Grantee takes possession of any portion of the unusable space for the purpose of enforcing rights that may have then accrued hereunderconducting business therein. The rental If the Agreement is terminated as provided for herein herein, Grantee shall then be accounted for allowed to remove any fixtures installed by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole PremisesGrantee, and such part so injured Grantee shall be restored by Landlord as speedily as practicable, released from liability for Base Fees for any period after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessuch termination.

DAMAGE TO PREMISES. In Upon the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence occurrence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, upon notice (the “Landlord Repair Notice”) to Tenant paying rentals up from Landlord, Tenant shall assign to such date Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(ii) and (iii) of this Lease, and Landlord refunding rentals collected beyond shall repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such date. Should a portion Tenant Improvements and Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Leasedamage. In the event that Landlord exercises does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its right sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return such Tenant Improvements and Original Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof. Notwithstanding the foregoing, (i) if such un-tenantable portionfire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy until the Premises shall be restored to the condition existing prior to such casualty, the rental Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises, and (ii) if Tenant cannot and does not operate its business from the Premises despite the fact that the Premises are not completely damaged, in which case rent shall xxxxx in full during the proportion that the injured parts bears time and to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter extent the Premises are unfit for occupancy until the purpose earlier of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of date Tenant operates its business from the Premises or the buildingdate the Premises shall be restored to the condition existing prior to such casualty. In the event that Landlord and its agents shall further have not deliver the Landlord Repair Notice, Tenant’s right to exhibit rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesassuming Tenant used reasonable due diligence in connection therewith.

DAMAGE TO PREMISES. In If the event Demised Premises shall be damaged or destroyed by casualty, Lessor shall, except as otherwise provided herein, following receipt of insurance proceeds, repair and restore the same (exclusive of Lessee's leasehold improvements, signs, furniture, fixtures, equipment, and other contents) substantially to the condition thereof immediately prior to such damage or destruction. If by reason of such occurrence: (a) the Demised Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquakeuntenantable, or other casualty not caused (b) the Demised Premises are damaged in whole or part during the last year of the term hereof, or (c) the Demised Premises is substantially damaged, then or in any of such events, Lessor may elect either to repair the damage as aforesaid, or to cancel this Lease by written notice of cancellation given to Lessee within 90 days after the negligence date of Tenantsuch occurrence, and thereupon this Agreement lease shall cease and terminate from such time except with the same force and effect as through the date set forth in Lessor's SAID notice were the date herein fixed for the purpose expiration of enforcing rights that may have then accrued hereunderthe term hereof and Lessee shall vacate and surrender the Demised Premises to Lessor. The rental provided for herein shall then be accounted for If by and between Landlord and Tenant up to the time reason of such injury casualty the Demised Premises are rendered wholly untenantable, the rent shall be fully abated, or destruction of the Premises, Tenant paying rentals up if only partially damaged such rent shall be abated proportionately as to such date and Landlord refunding rentals collected beyond such date. Should a that portion of the Demised Premises thereby be rendered un-tenantableuntenantable, the Landlord in either event (unless Lessor shall have the option of either repairing such injured or damaged portion or terminating elect to terminate this Lease. In , as aforesaid) until 15 days after notice by Lessor to Lessee that the event that Landlord exercises its right to repair such un-tenantable portionDemised Premises have been substantially repaired and restored, the rental shall xxxxx or until Lessee's business operations be restored in the proportion that the injured parts bears to the whole entire Demised Premises, and such part so injured whichever shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesoccur sooner.

DAMAGE TO PREMISES. In the event the If, by no fault of Tenant, Premises are totally or partially damaged or destroyed or rendered wholly un-tenantable by fire, storm, earthquake, accident or other casualty not caused by the negligence of Tenantthat render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving the other written notice. Rent shall terminate from such time except for be abated as of the purpose of enforcing rights that may have then accrued hereunderdate Premises become totally or partially uninhabitable. The rental provided for herein abated amount shall then be accounted for by the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall promptly repair the damage, and between Landlord and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable use of Premises. If damage occurs as a result of an act of Tenant up to the time of such injury or destruction of the PremisesTenant’s guests, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the only Landlord shall have the option right of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premisestermination, and such part so injured no reduction in Rent shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its termsmade. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter If the Premises for are partially destroyed by fire or other casualty to an extent that prevents the purpose conducting of inspecting Tenant’s use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $10,000.00, Landlord shall repair the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation a just proportion of the Premises or lease payments shall axxxx during the building. Landlord and its agents shall further have period of the right repair according to exhibit the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is $10,000.00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord’s control, or if the property is condemned, this Lease shall terminate upon twenty days’ written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at it. Tenant shall give Landlord immediate notice of any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform damage to this Agreement or to any restrictions, rules or regulations affecting the Premises.. wxx.xxx0.xxx RESIDENTIAL LEASE AGREEMENT (LR PAGE 10 OF 16)

DAMAGE TO PREMISES. In the event If the Premises are destroyed or rendered wholly un-tenantable shall be damaged by fire, stormthe elements, earthquake, unavoidable accident or other casualty casualty, but are not caused thereby rendered untenantable in whole or in part, Lessor shall promptly at its expense cause such damage to be repaired, and rent shall not be abated. If by reason of such occurrence the negligence of TenantPremises shall be rendered partially untenantable, this Agreement Lessor shall terminate from such time except promptly at its own expense cause the damage to be repaired, and rent meanwhile shall be abated for the purpose period of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up untenantability in proportion to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby rendered untenantable. If by reason of such occurrence all of the Premises are rendered untenantable, Lessor shall promptly at its expense cause the damage to be rendered un-repaired, and rent shall abate until the Premises are again tenantable, unless within thirty (00) days after said occurrence Lessor shall give Lessee written notice that the Landlord estimated time necessary to reconstruct the destroyed Premises is in excess of one hundred twenty (120) days after the date of said notice and Lessee elects to terminate this lease by written notice to Lessor given within fifteen (15) days after receipt of Lessor's notice. If so terminated, this lease and the tenancy hereby created shall cease as of the date of casualty and all rent shall be abated as of such date. Lessor shall not be obligated to reconstruct or repair the Building or Premises except to the extent insurance proceeds have the option of either repairing such injured or damaged portion or terminating this Lease. In been received with respect to the event that Landlord exercises its right causing the damage. Lessor shall not be required to repair such un-tenantable portionrepair, replace or insure any property which the rental shall xxxxx in Lessee may be entitled to remove from the proportion that the injured parts bears to the whole Premises. No damages, and such part so injured compensation or claims shall be restored payable by Landlord as speedily as practicableLessor for inconvenience, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility loss of tenant to properly insure personal items business or other consequential damages arising from loss due to floodany casualty, firemaintenance, storm, theft, earthquake, repair or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation restoration of the Premises or Building. All rent paid in advance shall be apportioned in accordance with the building. Landlord and foregoing provisions as of the date of damage; however, if the damage results wholly or in part from the fault of Lessee, its agents agents, contractors, employees or invitees, Lessee shall further have the right not be entitled to exhibit the Premises and to display the usual "for sale", "for termination or any abatement or reduction in rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In If, during the event Agreement Term, the Facilities, any other buildings or other improvements located on the Designated Premises are wholly or partially destroyed or rendered wholly un-tenantable damaged by fire, storm, earthquake, or any other casualty not caused by the negligence of Tenantwhatsoever (collectively called a "Casualty"), this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up subject to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have cancellation at the option of either repairing Concessionaire by written notice of such injured election to cancel within sixty (60) days after the date of such substantial damage or damaged portion or terminating this Leasedestruction. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Concessionaire shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further also have the right to exhibit cancel this Agreement if substantially all of the damage was not covered by Concessionaire’s insurance policies. Concessionaire shall also have this right to cancel if the Land or Facilities or surrounding property is damaged by casualty and such damage materially interferes with Concessionaire’s use of the Land or Facilities unless such damage is capable of being repaired within ninety (90) days after issuance of a building permit so as to minimize such interference. If this Agreement is so cancelled, all Rent and other payments paid in advance by Concessionaire, if any, that are not actually earned as of the date of such damage shall be refunded forthwith to Concessionaire. If this Agreement is not so cancelled, Concessionaire shall proceed, at its sole cost and expense and with due diligence to restore the damaged property to substantially the same condition existing immediately prior to such damage and from and after the date of such damage to the date of completion of the repairs the Rent shall xxxxx. For the purposes of this Article, the Designated Premises shall be deemed substantially damaged if more than twenty-five percent (25%) thereof is rendered unavailable for Concessionaire’s intended use and such damage is not reasonably capable of being repaired within ninety (90) days following the date of the casualty. If Concessionaire does not elect to display the usual "for sale", "for rent" cancel this Agreement or "vacancy" signs on the Premises if at any time prior to or during the Agreement Term not more than twenty-five percent (25%) of the Designated Premises is damaged by fire or other casualty, or if more than twenty-five percent (25%) is so damaged but the same may be fully restored and ready for Concessionaire’s occupancy within forty- five ninety (4590) days before following the expiration date of this Lease. The right the casualty, or if the Building or other part of entry shall likewise exist for the purpose Facilities or Designated Premises is damaged but the same does not materially interfere with Concessionaire’s use of removing placardsthe Designated Premises, signsand if such damage is covered by Concessionaire’s insurance policies, fixtures, alterations or additions, but do not conform to then this Agreement or shall remain in full force and effect, Concessionaire shall proceed with due diligence to any restrictionsrepair and restore the damaged property to substantially the same condition existing immediately prior to such damage, rules or regulations affecting and from and after the date of such damage to the date of completion of said repairs a just proportion of the Rent, according to the extent of the untenantability of the Designated Premises., shall xxxxx. Untenantability shall be determined by reference to the reasonable usability of the Premises by Concessionaire and not to the extent of actual physical damage

DAMAGE TO PREMISES. In the event If the Premises are destroyed damaged or rendered wholly un-tenantable by firedestroyed, stormLandlord shall promptly repair or rebuild the same if, earthquakein Landlord's sole judgment, such repair or other casualty not caused by the negligence of Tenant, rebuilding can be made within sixty (60) days after such damage or destruction in which event this Agreement Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunderremain in full force and effect. The rental provided for herein If there shall then be accounted for by and between Landlord and Tenant up damage to the time of such injury or destruction of the PremisesPremises and such damage or destruction is not the result of the act, neglect, default or omission of Tenant, its agents, employees of invitees, Tenant paying rentals up shall be entitled to a reduction of rent while such date repair is being made in the proportion to the interference, if any, to which such damage interferes with the business carried on by Tenant in the Premises. If such repair cannot be made within sixty (60) days, Landlord and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord Tenant shall each have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears give notice to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five thirty (4530) days before after occurrence of such damage or destruction terminating this Lease as of a date specified in such notice which shall be not less than thirty (30) nor more than sixty (60) days after the expiration giving of such notice. If such notice of termination is so given, this Lease and all interest of Tenant in the Premises shall terminate on the date specified in such notice (unless earlier terminated as otherwise herein provided), and the rent, proportionately reduced upon the condition and as hereinabove in this paragraph provided, shall be paid up to the date of such termination. Landlord hereby agrees to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Notwithstanding any of the provisions of this Lease. The right of entry , Landlord shall likewise exist for the purpose of removing placardsin no event be required to repair or replace any damage or destruction by other cause whatsoever to any panelings, signsdecorations, partitions, railing, ceilings, floor coverings, trade or office fixtures, alterations machinery or additions, but do not conform to this Agreement equipment or to any restrictions, rules other property of Tenant or regulations affecting its customers or improvements installed on the PremisesPremises by Landlord.

DAMAGE TO PREMISES. In If the event Demised Premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered unwarrantable in whole or in part, BMTC shall at its own expense cause such damage to be repaired, and the rent shall not be abated except as hereinafter provided. If by any reason of such occurrence, the Demised Premises shall be rendered untenantable only in part, BMTC shall, at its own expense, cause the damage to be repaired with due diligence, and the fixed minimum rent meanwhile shall be abated proportionately as to that portion of the Demised Premises rendered wholly untenantable. If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, BMTC shall, at its own expense, cause such damage to be repaired with due diligence, and the fixed minimum rent meanwhile shall xxxxx until the Demised Premises shall have been restored and rendered tenantable. If, during the last two (2) years of the term of this Agreement, or any extension thereof, the Demised Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, fire or other casualty or are partially destroyed by fire or other casualty, or are partially destroyed so as to render the Demised Premises wholly unfit for occupancy, then at such time, if DeltaCom exercises its option, if such option exists in accordance with the terms of this Agreement, to extend the term of the Agreement for an option term, then in that event BMTC shall have no option to terminate this Agreement, but shall be obligated to restore the Demised Premises with due diligence in the same manner as hereinabove set forth in this Agreement. However, if DeltaCom does not caused by exercise its option to extend the negligence term of Tenantthis Agreement, this Agreement shall terminate then in such event either DeltaCom or BMTC, within sixty (60) days from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for destruction by and between Landlord and Tenant up to the time of such injury fire or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents casualty shall have the right at all reasonable times during the term of to terminate this Agreement by written notice to the other. If the Demised Premises are reconstructed, then the payment of rent by DeltaCom shall xxxxx from the time of the fire or other destruction until the Demised Premises are again ready for occupancy and any renewal thereof to enter the Premises use, whereupon this Agreement shall continue for the purpose of inspecting unexpired term, extended by the period during which the Demised Premises are not fit for occupancy and all buildings use, at and improvements thereon. And for the purposes same rentals and upon the same terms and conditions as herein provided. If the Demised Premises are not reconstructed and restored due to the proper election of making any repairseither DeltaCom or BMTC, additions or alterations as may be deemed appropriate by Landlord for then this rental contract shall cease and terminate from the preservation time of the Premises fire or destruction or other casualty, and DeltaCom shall be released and discharged from the building. Landlord payment of all rent accruing after the date of such destruction by fire or other casualty, and its agents shall further have BMTC may re-enter and repossess the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Demised Premises.

DAMAGE TO PREMISES. In the event (a) the Premises are damaged by fire, explosion or other casualty insured under Landlord's fire and extended coverage insurance policy (herein called an "Insured Casualty") to the extent of 25 % or more of the insurable value thereof immediately preceding the casualty, (b) the Building is damaged by an Insured Casualty to the extent of 50% or more of the insurable value thereof immediately preceding the casualty, (c) the Premises are damaged by a casualty or occurrence other than an Insured Casualty or (d) the holder of a mortgage, deed of trust or other lien on the Premises or Building elects to require the use of all or a part of Landlord's insurance proceeds, Landlord may terminate this Lease by giving Tenant written notice of termination within 30 days after the happening of the event causing the damage. In the event the Premises are destroyed damage is not sufficiently extensive to give rise to Landlord's option to terminate this Lease or rendered wholly un-tenantable by fireif Landlord does not elect to terminate this Lease, storm, earthquake, or other casualty not caused by Landlord shall promptly repair and replace the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up improvements furnished pursuant to Exhibit "C" attached hereto which existed at the time of such injury damage or destruction destruction, to the condition existing immediately preceding such fire, explosion or other casualty. Upon completion of such repairs and replacement by Landlord, Tenant shall promptly repair or replace all portions of the Premises not repaired or replaced by Landlord and repair or replace all furniture, fixtures and equipment to the condition existing immediately preceding such fire, explosion or other casualty at Tenant's sole cost and expense. All work by Tenant shall comply with the requirements and limitations contained in Exhibit "C" attached hereto and made a part hereof for all purposes. During any period of reconstruction or repair of the Premises, Tenant paying rentals up shall operate its business in the Premises to such date and Landlord refunding rentals collected beyond such datethe extent practicable. Should If the casualty or the repairing or rebuilding shall render the Premises untenantable in whole or in part, a portion proportionate abatement of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured Base Rent (but not Percentage Rent or damaged portion or terminating other charges payable under this Lease) shall be allowed from the date on which the damage occurred until the first to occur of (i) the date on which the Premises are again made tenantable or (ii) the expiration, after Landlord completes its repairs and restoration, of a period equal to the number of days provided under Article 1 for the completion of Tenant's Work. In The abatement shall be equal to the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall xxxxx in the proportion ratio that the injured parts number of square feet of the space rendered untenantable bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility total area of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In the event of a partial destruction or danger of or to the Premises during the Term, from any cause, the District shall at its sole cost and expense forthwith repair the same, provided that such repairs can be made within ninety (90) days under existing governmental laws and regulations but such partial destruction shall not terminate this Lease. BOCES shall be entitled to a proportionate reduction of rent while such repairs are destroyed or rendered wholly un-tenantable by firebeing made, stormbased upon the percentage of unusable space in the Premises. If such repairs cannot be made within said ninety (90) days, earthquakethe District shall, or other casualty not caused by in the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up event it elects to the time of such injury or destruction of repair the Premises, Tenant paying rentals up notify BOCES that repairs cannot be completed within ninety (90) days, and within five (5) days after such notification, BOCES shall notify the District whether it intends to such date and Landlord refunding rentals collected beyond such dateremain upon the Premises. Should a portion If BOCES notifies the District of its intent to remain upon the Premises thereby be rendered un-tenantablePremises, the Landlord District shall have such number of days from that date to complete such repairs as the option of either repairing such injured or damaged portion or terminating this Leaseparties agree upon, rent to be proportionately reduced as aforesaid. In the event that Landlord the District shall not elect to make such repairs requiring more than ninety (90) days or BOCES elects not to remain, this Lease may be terminated at the option of either party. If such partial damage is due to the fault or negligence of BOCES, its students, servants, employees, agents, invitees or licensees, without prejudice to any other rights and remedies of the District, the damages shall be repaired by the District, but there will be no proportionate reduction of rent and BOCES will reimburse the District for any damage repairs not covered by insurance proceeds. The foregoing termination provision shall not apply if the District (at its sole election) offers to provide, and BOCES agrees to accept, suitable alternate space for temporary use, or if the partial destruction or damage covers twenty-five percent (25%) or less of the floor area used for any single program of instruction conducted on the Premises. If more than 25% of such floor area is partially destroyed or damaged, termination shall apply to the total area to that program, pursuant to the foregoing. Termination shall also apply as above in the case of destruction of any utilities or other building wide facilities (restrooms, etc.) rendering the building unusable for 25% or more of the total student body. Notwithstanding the foregoing, in the event of damages that result in a material prevention of attendance by students or a material prevention of the provision of the instructional program by BOCES, or pose a threat to the safety of students or staff, the District shall repair such damages within twenty (20) days. If such repairs cannot be made within said twenty (20) days, this Lease may be terminated at the option of BOCES. 9-b. Condemnation If at any time during the Term, all of the Premises shall be taken for any public or quasi-public use, under any statute, or by right of eminent domain, this Lease shall terminate on the date of such taking and BOCES shall promptly quit the Premises. If less than all of the Premises shall be so taken and in BOCES’ reasonable opinion the remaining part is insufficient for BOCES’ use, BOCES may, by notice to District within ninety (90) consecutive days after notice of such taking, terminate this Lease. If BOCES exercises its right option, this Lease and the Term hereof shall end on the date specified in BOCES’ notice and the rent shall be apportioned and paid to repair the date of such un-tenantable portiontaking. If less than all of the Premises shall be so taken, the rental and if BOCES does not exercise its option, this Lease shall xxxxx in remain unaffected except that BOCES shall be entitled to a pro rata abatement of rent based on the proportion that which the injured parts area of the space so taken bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation area of the Premises or the building. Landlord and its agents shall further have the right space demised hereunder immediately prior to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessuch taking.