Common use of Destruction or Damage Clause in Contracts

Destruction or Damage. In the event of partial or total destruction of the Property or improvements by fire or other casualty, the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject to the provisions hereof. During the period of repairs or restoration, this Lease shall continue in full force and effect and there shall be no abatement of Rent. If (i) the Property or improvements are so extensively destroyed by fire or other casualty so as to render the Property unsuitable for the Tenant’s use of the Property in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after the date of such destruction. In the event of termination pursuant to this Section, this Lease shall terminate as of, and Rent shall be appropriately apportioned through and abated from and after, the first rental payment date occurring after the delivery of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use.

Destruction or Damage. (a) In the event of partial the Premises or total destruction the portion of the Property or improvements Building necessary for Tenant's use and enjoyment of the Premises are damaged by fire fire, earthquake, act of God, the elements or other casualty, Landlord shall repair the Landlord shall, as promptly as practicable, repair, reconstruct or replace same (including the portions Tenant Work in the portion of the Property or Premises damaged to the improvements destroyed in a good and workmanlike manner so as extent of the actual cost of said Tenant Work, but not to provide exceed the Tenant Improvement Allowance plus an additional Five Dollars ($5.00) per rentable square foot for the continuation portion of the Tenant’s use of the Property for the permitted usePremises so damaged), subject to the provisions hereof. During the of this Section hereinafter set forth, if (i) such repairs can, in Landlord's reasonable opinion, be made within a period of repairs twelve (12) months after the date of casualty, (ii) the cost of repairing damage for which Landlord is not insured shall be less than five percent (5%) of the then full insurable value of the Premises with respect to repairing any damage to the Premises, or restorationfive percent (5%) of the then full insurable value of the Building with respect to repairing any damage to other areas of the Building, (iii) the damage or destruction does not occur during the last twelve (12) months of the Lease Term as the same may be extended under the terms of this Lease (said twelve (12) months shall continue be measured after taking into account any extension of the Lease Term under the terms of this Lease), and (iv) Landlord's mortgagee does not require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt. This Lease shall remain in full force and effect and there except that so long as the damage or destruction is not caused by the negligence or fault of Tenant, its contractors, agents, employees or invitees, an abatement of monthly rental shall be no abatement of Rent. If (i) the Property or improvements are so extensively destroyed by fire or other casualty so as to render the Property unsuitable allowed Tenant for the Tenant’s use such part of the Property Premises as shall be rendered unusable by Tenant in the same manner as the Tenant’s use conduct of the Property at its business during the time of such fire or other casualty, part is so unusable and (ii) the Landlord’s contractor has notified Landlord that it estimates that the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of Tenant does not actually occupy such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after the date of such destruction. In the event of termination pursuant to this Section, this Lease shall terminate as of, and Rent shall be appropriately apportioned through and abated from and after, the first rental payment date occurring after the delivery of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted usepart.

Destruction or Damage. In 319 (A) If, during the event Term of partial this Lease or total destruction of any extension thereto, the Property or improvements Premises is damaged by fire or any other casualty, including, without 320 limitation, natural disaster, and not occurring through the intentional or negligent acts or omissions of Tenant or those claiming 321 under Tenant, or their employees respectively, Tenant shall promptly notify Landlord shalland Landlord shall repair the damaged por- 322 tions of the Premises, as promptly as practicableincluding any improvements or alterations made by Landlord (but not any of Tenant’s property therein or 323 improvements or alterations made by Tenant). If, however, in Xxxxxxxx’s reasonable judgment, the damage would require more 324 than days (120 if not specified) of work to repair, reconstruct or replace if the portions insurance proceeds (excluding rent insurance) that Landlord 325 anticipates receiving must be applied to repay any mortgages encumbering the improvements, or are otherwise inadequate to pay 326 the costs of such repair, Landlord shall have the Property or right to terminate this Lease by so notifying Tenant. Such notice shall specify a 327 termination date not less than days (30 if not specified) after its receipt by Xxxxxx. 328 (B) If the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject damage to the provisions hereof. During Premises is only partial and such that the period of repairs or restorationPremises can be restored to its former condition within a reasonable 329 time, Landlord may enter and repair, and this Lease shall continue in full force and effect and there not be affected, except that Base Rent shall be no abatement of Rentapportioned and suspended 330 while such repairs are being made. If (i) the Property or improvements are Premises is so extensively destroyed slightly damaged by fire or other casualty as mentioned above so as not 331 to render the Property unsuitable Premises unfit for occupancy, Xxxxxxxx agrees the Tenant’s same shall be promptly repaired. 332 (C) Landlord shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance from the necessity 333 of repairing any portion of the Premises, or improvements thereon, the interruption and the use of the Property in Premises, or the same manner as the Tenant’s use termination 334 of the Property at the time of such fire or other casualty, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after the date of such destruction. In the event of termination pursuant to this Section, this Lease shall terminate as of, and Rent shall be appropriately apportioned through and abated from and after, the first rental payment date occurring after the delivery reason of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions destruction of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted usePremises.

Destruction or Damage. In 316 (A) If, during the event Term of partial this Lease or total destruction of any extension thereto, the Property or improvements Premises is damaged by fire or any other casualty, including, without 317 limitation, natural disaster, and not occurring through the intentional or negligent acts or omissions of Tenant or those claiming 318 under Tenant, or their employees respectively, Tenant shall promptly notify Landlord shalland Landlord shall repair the damaged por- 319 tions of the Premises, as promptly as practicableincluding any improvements or alterations made by Landlord (but not any of Tenant’s property therein or 320 improvements or alterations made by Tenant). If, however, in Xxxxxxxx’s reasonable judgment, the damage would require more 321 than days (120 if not specified) of work to repair, reconstruct or replace if the portions insurance proceeds (excluding rent insurance) that Landlord 322 anticipates receiving must be applied to repay any mortgages encumbering the improvements, or are otherwise inadequate to pay 323 the costs of such repair, Landlord shall have the Property or right to terminate this Lease by so notifying Tenant. Such notice shall specify a 324 termination date not less than days (30 if not specified) after its receipt by Xxxxxx. 325 (B) If the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject damage to the provisions hereof. During Premises is only partial and such that the period of repairs or restorationPremises can be restored to its former condition within a reasonable 326 time, Landlord may enter and repair, and this Lease shall continue in full force and effect and there not be affected, except that Base Rent shall be no abatement of Rentapportioned and suspended 327 while such repairs are being made. If (i) the Property or improvements are Premises is so extensively destroyed slightly damaged by fire or other casualty as mentioned above so as not 328 to render the Property unsuitable Premises unfit for occupancy, Xxxxxxxx agrees the Tenant’s same shall be promptly repaired. 329 (C) Landlord shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance from the necessity 330 of repairing any portion of the Premises, or improvements thereon, the interruption and the use of the Property in Premises, or the same manner as the Tenant’s use termination 331 of the Property at the time of such fire or other casualty, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after the date of such destruction. In the event of termination pursuant to this Section, this Lease shall terminate as of, and Rent shall be appropriately apportioned through and abated from and after, the first rental payment date occurring after the delivery reason of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions destruction of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted usePremises.

Destruction or Damage. In the event of partial or total destruction of that the Property or improvements by fire or other casualty, the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject to the provisions hereof. During the period of repairs or restoration, this Lease shall continue in full force and effect and there demised premises shall be no abatement of Rent. If (i) the Property destroyed or improvements are so extensively destroyed damaged or injured by fire or other casualty during the term of this Lease, whereby all or a part thereof shall be rendered untenantable, then Landlord shall have the right to make such premises tenantable by repair within sixty (60) days therefrom subject to extension for delays faced by Landlord due to adjustment of insurance proceeds, labor trouble, governmental controls, so as called Acts of God, or any other cause beyond Landlord's reasonable control, but not to render the Property unsuitable for the Tenant’s use exceed ninety (90) days. If in Landlord's sole opinion, which must be rendered within thirty (30) days of the Property damage the premises are not capable of being rendered tenantable within said time or if in fact the premises are not rendered tenantable within said time either party shall have the option to cancel this Lease, by written notice to the other, and in the same manner as event of such cancellation the Tenant’s use of rental shall be paid only to the Property at the time date of such fire or other casualty, casualty and (ii) the Landlord’s contractor has notified Landlord that it estimates paid rent refunded. During any time that the period demised premises are untenantable due to causes set forth in this paragraph, the rent or a just and fair proportion thereof shall be abated. No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of time required to repair, reconstruct business or replace the portions annoyance arising from any repair or restoration of any portion of the Property demised premises or improvements destroyed, so as to provide for the continuation of the Tenant’s building pursuant to this paragraph. Landlord shall use its best efforts to effect such repair or restoration promptly and in the same such manner as the not unreasonably to interfere with Tenant’s 's use and occupancy. Notwithstanding any of the Property at following provisions of this paragraph, if Landlord, or the time lessor of such any superior lease or the holder of any superior mortgage, as defined hereinafter, is unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the demised premises or the building by fire or other casualtycause, shall exceed one hundred eighty (180) daysby reason of some action or inaction on the part of Tenant or any of its employees, then the Tenant agents or contractors, then, without prejudice to any other remedies which may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after the date of such destruction. In the event of termination pursuant to this Section, this Lease shall terminate as of, and Rent shall be appropriately apportioned through and abated from and after, the first rental payment date occurring after the delivery of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminateavailable against Tenant, there shall be no abatement of RentTenant's rent, but the total amount of such rents not abated (which would otherwise have been abated) shall not exceed the amount of the uncollected insurance proceeds. Landlord will not carry separate insurance of any kind on Tenant's property, and the Landlord shallexcept as provided by law or by reason of its fault or its breach of any of its obligations hereunder, as promptly as practicable, repair, reconstruct shall not be obligated to repair any damage thereto or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted usesame.

Destruction or Damage. In the event of partial or total destruction of the Property or improvements by fire or other casualty, the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in in. a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject to the provisions hereof. During the period of repairs or restoration, this Lease shall continue in full force and effect and there shall be no abatement of Rent. If (i) the Property or improvements are so extensively destroyed by fire or other casualty so as to render the Property unsuitable for the Tenant’s use of the Property in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after the date of such destruction. In the event of termination pursuant to this Section, this Lease shall terminate as of, and Rent shall be appropriately apportioned through and abated from and after, the first rental payment date occurring after the delivery of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use.

Destruction or Damage. In If the event of partial or total destruction of the Property or improvements by fire or other casualty, the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property Premises or the improvements destroyed in a good and workmanlike manner so as to provide for Building are damaged by fire, earthquake, act of God or the continuation of elements, Lessor shall forthwith repair the Tenant’s use of the Property for the permitted usesame, subject to the provisions hereof. During the period of this section hereinafter set forth, and provided such repairs or restorationcan, in Lessor's opinion, be made within sixty (60) days, and this Lease shall continue remain in full force and effect and except that, if there shall be no damage to the Premises and such damage is not the result of negligence of willful misconduct of Lessee or Lessee's employees or invitees, an abatement of Rentrental shall be allowed Lessee for such part of the Premises as shall be rendered unusable by Lessee in the conduct of its business during the time such part is so unusable. If such repairs cannot, in Lessor's opinion, be made within sixty (i60) days, Lessor may, at its option, upon written notice to Lessee within thirty (30) days after the Property or improvements are so extensively destroyed by fire or other casualty so as to render the Property unsuitable for the Tenant’s use of the Property in the same manner as the Tenant’s use of the Property at the time date of such fire or other casualty, repair or restore such damage, this Lease continuing in full force and effect, but the rent to be partially abated as hereinabove provided. If Lessor does not so elect to make such repairs which cannot be made within sixty (60) days, then Lessor may and (iiprovided the damage affects the Premises or common areas necessary to Lessee's occupancy) Lessee may, by written notice to the Landlord’s contractor has notified Landlord that it estimates that other given not less than thirty-one (31) nor more than sixty (60) days after the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time date of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after as of the date of such destructionfire or other casualty. In Lessor shall not be required to repair any injury or damage by fire, earthquake, act of God or the event elements, or to make any repairs or replacements, of termination pursuant to this Sectionany improvements installed in the Premises by or for Lessee, this Lease shall terminate as ofother than building standard tenant improvements made by Lessor, and Rent shall be appropriately apportioned through Lessee shall, at Lessee's sole cost and abated from expenses, repair and after, the first rental payment date occurring after the delivery restore its portion of such improvements. A total destruction of the notice of termination. If the Tenant has the option to building shall automatically terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement Lease. Lessee waives California Civil Code Sections 1932(2) and 1933(4) providing for termination of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions hiring upon destruction of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted usething hired.

Destruction or Damage. 22.1 In the event of partial or total destruction that the Leased Premises, as it exists at the beginning of the Property or improvements by fire or other casualtyterm hereof, the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject to the provisions hereof. During the period of repairs or restoration, this Lease shall continue in full force and effect and there shall be no abatement of Rent. If (i) the Property or improvements are so extensively is totally destroyed by fire or other casualty insured against, or is so as to render the Property unsuitable for the Tenant’s use of the Property damaged that repairs and restoration cannot, in the same manner as the Tenant’s use opinion of the Property at the time of such fire or other casualtyLandlord in its sole discretion, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the be accomplished within a period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after from the date of such destructiondestruction or damage, this Lease will automatically terminate without further act of either party hereto, and each party shall be relieved of any further obligation to the other except for the rights and obligations of the parties under ARTICLES XX and XXI hereof, and except that Tenant shall be liable for and shall promptly pay Landlord any Rent then in arrears or Landlord shall promptly rebate to Tenant a pro rata portion of any Rent paid in advance. In the event that the Leased Premises is so damaged that repairs and restoration can be accomplished within a period of termination pursuant to this Sectionone hundred eighty (180) days from the date of such destruction or damage, this Lease shall terminate will continue in effect in accordance with its terms; such repairs and restoration will, unless otherwise agreed by Landlord and Tenant, be performed as ofclosely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Lease), and Rent until such repairs and restoration have been accomplished, a portion of the rent will xxxxx equal to the proportion of the Leased Premises rendered unusable by the damage. Landlord's obligation to restore, replace or rebuild such facilities will not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. In the event the Leased Premises may be repaired and/or restored within the aforementioned one hundred eighty (180) day period, but the cost of such repair or restoration exceeds the available insurance proceeds, at Landlord's discretion, this Lease will be terminated in which event the rights and duties of the parties shall be appropriately apportioned through and abated from and after, governed by the first rental payment date occurring after the delivery sentence of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects 22.1. Tenant shall execute and deliver to Landlord all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Landlord. Landlord shall not be responsible for damage or destruction, partial or total, to so terminateor of machinery, there equipment and appurtenances constructed or installed on or in the Leased Premises by Tenant. Notwithstanding anything contained herein to the contrary, in the event that the damage to the Leased Premises results from the fault or negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall not be entitled to any abatement or reduction of any rent or other sums due hereunder, and such damage shall be no abatement of Rentrepaired by Tenant, and the or at Landlord's option by Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the at Tenant’s use of the Property for the permitted use's expense.

Destruction or Damage. 22.1 In the event of partial or total destruction that the Leased Premises, as it exists at the beginning of the Property or improvements by fire or other casualtyterm hereof, the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject to the provisions hereof. During the period of repairs or restoration, this Lease shall continue in full force and effect and there shall be no abatement of Rent. If (i) the Property or improvements are so extensively is totally destroyed by fire or other casualty insured against, or is so as to render the Property unsuitable for the Tenant’s use of the Property damaged that repairs and restoration cannot, in the same manner as the Tenant’s use opinion of the Property at the time of such fire or other casualtyLandlord in its sole discretion, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the be accomplished within a period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty twenty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90120) days after from the date of such destructiondestruction or damage, this Lease will automatically terminate without further act of either party hereto, and each party shall be relieved of any further obligation to the other except for the rights and obligations of the parties under ARTICLES XX and XXI hereof, and except that Tenant shall be liable for and shall promptly pay Landlord any Rent then in arrears or Landlord shall promptly rebate to Tenant a pro rata portion of any Rent paid in advance. In the event that the Leased Premises is so damaged that repairs and restoration can be accomplished within a period of one hundred twenty (120) days from the date of such destruction or damage, this Lease will continue in effect in accordance with its terms; such repairs and restoration will, unless otherwise agreed by Landlord and Tenant, be performed as closely as practicable to the original specifications (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest created by this Lease), and until such repairs and restoration have been accomplished, a portion of the rent will abatx xxxal to the proportion of the Leased Premises rendered unusable by the damage. Landlord's obligation to restore, replace or rebuild such facilities will not exceed in amount the sum of the insurance proceeds paid to it and/or released to it by any mortgagee with which settlement was made. In the event the Leased Premises may be repaired and/or restored within the aforementioned one hundred twenty (120) day period, but the cost of such repair or restoration exceeds the available insurance proceeds, at Landlord's discretion, this Lease will be terminated in which event the rights and duties of the parties shall be governed by the first sentence of this Section 22.1. Tenant shall execute and deliver to Landlord all instruments and documents necessary to evidence the fact that the right to such insurance proceeds is vested in Landlord. In the event of termination damage or destruction, partial or total, to or of machinery, equipment and appurtenances constructed or installed on or in the Leased Premises by Tenant, Tenant, provided it then be in full compliance with ARTICLE XXI hereof, will be entitled to receive an apportionment of the insurance proceeds in accordance with the relative damage or destruction to or of (a) the Leased Premises as it exists at the beginning of the term hereof and (b) the machinery, equipment and appurtenances, if any, constructed or installed on or in the Leased Premises by Tenant at its expense after the beginning of the term hereof and which could have been removed by Tenant pursuant to this SectionARTICLE X hereof. Notwithstanding anything contained herein to the contrary, this Lease in the event that the damage to the Leased Premises results from the fault or negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall terminate as ofnot be entitled to any abatement or reduction of any rent or other sums due hereunder, and Rent such damage shall be appropriately apportioned through and abated from and afterrepaired by Tenant, the first rental payment date occurring after the delivery of the notice of termination. If the Tenant has the or at Landlord's option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the by Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the at Tenant’s use of the Property for the permitted use's expense.

Destruction or Damage. In the event of partial or total destruction of that the Property or improvements Leased Premises shall be completely destroyed by fire or other casualtycasualty or shall be so damaged that repairs and restoration cannot be accomplished within a period of one hundred eighty (180) days from the date of such destruction or damage as determined by the Landlord, then either party may terminate this Lease by providing written notice of the same to the other party within thirty (30) days of the issuance of Landlord's Restoration Notice (as defined below) and, upon such termination, each party shall be relieved of any further obligation to the other, except that the Tenant shall be liable for and shall promptly pay the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property any rent then in arrears or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted use, subject Landlord shall promptly rebate to the provisions hereofTenant a pro rata portion of any rent paid in advance. During In the event the Leased Premises shall be so damaged that repairs and restoration can be accomplished within a period of repairs one hundred eighty ( 180) days from the date of such destruction or restorationdamage as determined by the Landlord, this Lease shall continue in full force effect in accordance with its terms; such repairs and effect restoration shall, unless otherwise agreed by the Landlord and there the Tenant, be performed promptly by the Landlord as closely as practicable to the original specification (utilizing therefor the proceeds of the insurance applicable thereto without any apportionment thereof for damages to the leasehold interest of the Tenant in the Leased Premises), and until such repairs and restoration have been accomplished, a portion of the rent shall be no abatement xxxxx equal to the proportion of Rentthe Leased Premises rendered unusable by the damage. Within thirty (30) days of the date of any loss or damage, the Landlord shall notify the Tenant of the amount of time needed by the Landlord to repair or restore the damage, loss or destruction ("Landlord's Restoration Notice"). If (i) the Property or improvements are Landlord fails to so extensively destroyed by fire or other casualty so as to render the Property unsuitable for notify the Tenant’s use of the Property in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all lease in the same manner as though the damage or destruction would have taken greater than one hundred eighty ( 180) days to repair or restore. It is understood that the Landlord's obligation to restore, replace or rebuild the Leased Premises shall not exceed in amount the sum of the insurance proceeds related paid to the Property it and/or released to Landlord it by any mortgagee with which settlement was made. The Tenant agrees to execute and giving written notice deliver to the Landlord within ninety (90) days after all instruments and documents necessary to evidence the date of fact that the right to such destruction. In insurance proceeds is vested in the event of termination pursuant to this Section, this Lease shall terminate as of, and Rent shall be appropriately apportioned through and abated from and after, the first rental payment date occurring after the delivery of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted useLandlord.

Destruction or Damage. In If the event of partial Premises or total destruction any common areas of the Property or improvements providing access thereto shall be damaged by fire or other casualty, Landlord shall use available insurance proceeds to restore the same. Such restoration shall be to substantially the condition prior to the casualty, except for modifications required by zoning and building codes and other Laws or by any Holder (as defined in Article 26), any other modifications to the common areas deemed desirable by Landlord shall(provided access to the Premises is not materially impaired), as promptly as practicable, repair, reconstruct and except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishings, fixtures or equipment, or any alterations or improvements in excess of any work performed or paid for by Landlord under any separate agreement signed by the portions parties in connection herewith. 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 any such damage or the repair thereof. However, Landlord shall allow Tenant a proportionate abatement of Base Rent and Tenant's Prorata Share of Operating Expenses and Taxes during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof; provided, however, if Tenant or its employees or agents caused the damage such rent abatements if applicable, shall not commence until sixty (60) days following the date of the Property damage or casualty. Notwithstanding the improvements destroyed foregoing to the contrary, Landlord may elect to terminate this Lease by notifying Tenant in writing of such termination within sixty (60) days after the date of damage (such termination notice to include a good and workmanlike manner so as termination date providing at least ninety (90) days for Tenant to provide for vacate the continuation of the Tenant’s use of May 7, 1999 Premises) if the Property for the permitted use, subject to the provisions hereof. During the period of repairs or restoration, this Lease shall continue in full force and effect and there shall be no abatement of Rent. If (i) the Property or improvements are so extensively destroyed damaged by fire or other casualty so or cause such that: (a) repairs to the Premises and access thereto cannot reasonably be completed within 120 days after the casualty without the payment of overtime or other premiums, (b) more than 25% of the Premises is affected by the damage, and fewer than 24 months remain in the Term, or any material damage occurs to the Premises during the last 12 months of the Term; provided, however, Landlord shall not have the right to terminate this Lease pursuant to this subsection during the initial Term if Tenant has exercised its right to extend the Term in accordance with the terms of this Lease or Tenant exercises such right to extend the Term (to the extent applicable as set forth herein) within ten (10) business days after Landlord notifies Tenant in writing of its election to render terminate this Lease, (c) any Holder shall require that the Property unsuitable for insurance proceeds or any portion thereof be used to retire the Mortgage debt (or shall terminate the ground lease, as the case may be), or the damage is not fully covered by Landlord's insurance policies, or (d) the cost of the repairs, alterations, restoration or improvement work would exceed 25% of the replacement value of the Building, or the nature of such work would make termination of this Lease necessary or convenient. Tenant agrees that Landlord's obligation to restore, and the abatement of Rent provided herein, shall be Tenant’s 's sole recourse in the event of such damage, and waives any other rights Tenant may have under any applicable Law to terminate the Lease by reason of damage to the Premises or Property; provided, however, if in Landlord's reasonable opinion the Premises cannot be restored within six (6) months after the casualty and if such damage materially and adversely affects Tenant's use of the Property in Premises or if any material damage occurs to the same manner as Premises (such that repairs to the Tenant’s use Premises and access thereto cannot reasonably be completed within 120 days after the casualty) during the last 12 months of the Property at the time of such fire or other casualtyTerm, and (ii) the Landlord’s contractor has notified Landlord that it estimates that the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may (unless Tenant or its employees, contractors or agents caused the damage) elect to terminate this Lease by turning over any and all insurance proceeds related to the Property delivering written notice thereof to Landlord and giving written notice to the Landlord within ninety sixty (9060) days after the date of such destruction. In the damage, in which event of termination pursuant to this Section, this Lease shall terminate as ofof the termination date specified in such notice and any obligation of Landlord to restore the Premises shall cease. Tenant acknowledges that this Article represents the entire agreement between the parties respecting damage to the Premises or Property, and Rent shall be appropriately apportioned through Tenant waives the provisions of California Civil Code Section 1932(2) and abated from 1933(4) and after, the first rental payment date occurring after the delivery of the notice of termination. If the Tenant has the option to terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct any similar statute now or replace the portions of the Property or the improvements destroyed hereafter in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted useforce.

Destruction or Damage. In If the event of partial or total destruction of the Property or improvements by fire or other casualty, the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions of the Property Premises or the improvements destroyed in a good and workmanlike manner so as to provide for Building are damaged by fire, earthquake, act of God or the continuation of elements, Lessor shall forthwith repair the Tenant’s use of the Property for the permitted usesame, subject to the provisions hereof. During the period of this section hereinafter set forth, and provided such repairs or restorationcan, in Lessor's opinion, be made within sixty (60) days, and this Lease shall continue remain in full force and effect and except that, if there shall be no damage to the Premises and such damage is not the result of the negligence of willful misconduct of Lessee or Lessee's employees or invitees, an abatement of Rentrental shall be allowed Lessee for such part of the Premises as shall be rendered unusable by Lessee in the conduct of its business during the time such part is so unusable. If such repairs cannot, in Lessor's opinion, be made within sixty (i60) days, Lessor may, at its option, upon written notice to Lessee within thirty (30) days after the Property or improvements are so extensively destroyed by fire or other casualty so as to render the Property unsuitable for the Tenant’s use of the Property in the same manner as the Tenant’s use of the Property at the time date of such fire or other casualty, repair or restore such damage, this Lease continuing in full force and effect, but the rent to be partially abated as hereinabove provided. If Lessor does not so elect to make such repairs which cannot be made within sixty (60) days, then Lessor may and (iiprovided the damage affects the Premises or common areas necessary to Lessee's occupancy) Lessee may, by written notice to the Landlord’s contractor has notified Landlord that it estimates that other given not less than thirty-one (31) nor more than sixty (60) days after the period of time required to repair, reconstruct or replace the portions of the Property or improvements destroyed, so as to provide for the continuation of the Tenant’s use in the same manner as the Tenant’s use of the Property at the time date of such fire or other casualty, shall exceed one hundred eighty (180) days, then the Tenant may terminate this Lease by turning over any and all insurance proceeds related to the Property to Landlord and giving written notice to the Landlord within ninety (90) days after as of the date of such destructionfire or other casualty. In Lessor shall not be required to repair any injury or damage by fire, earthquake, act of God or the event elements, or to make any repairs or replacements, of termination pursuant to this Sectionany improvements installed in the Premises by or for Lessee, this Lease shall terminate as ofother than building standard tenant improvements made by Lessor, and Rent shall be appropriately apportioned through Lessee shall, at Lessee's sole cost and abated from expenses, repair and after, the first rental payment date occurring after the delivery restore its portion of such improvements. A total destruction of the notice of termination. If the Tenant has the option to Building shall automatically terminate this Lease pursuant to this Section but elects not to so terminate, there shall be no abatement Lease. Lessee waives California Civil Code Sections 1932(2) and 1933(4) providing for termination of Rent, and the Landlord shall, as promptly as practicable, repair, reconstruct or replace the portions hiring upon destruction of the Property or the improvements destroyed in a good and workmanlike manner so as to provide for the continuation of the Tenant’s use of the Property for the permitted usething hired.