Common use of FIRE OR CASUALTY DAMAGE Clause in Contracts

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates the Apartment, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Tenant’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT 45 Tenant 30 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Landlord’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Tenant’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. If the Premises during the term of this Lease is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of damage by fire, enemy action, or other casualty the damaged portion bears to the Apartment whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that RESIDENT's enjoyment the Premises by Tenant’s willful or negligent acts, or those of the Apartment is substantially impaired Tenant’s family, agents, guests or required repairs can only be accomplished if RESIDENT vacates the Apartmentinvitees, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate Tenant shall remain liable for all amounts owed under this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by no fire or otherwise was caused by the deliberate or negligent act of RESIDENTdamage had occurred, or the agentsand in addition, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be fully liable for all amounts paid by Owner to cause the total rent during the unexpired term of this Lease (regardless of Premises to be repaired or restored, including any termination insurance deductible paid by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT Landlord or Owner and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to including all other remedies provided costs, expenses or fees, including reasonable attorney fees, paid or incurred by this Lease, Landlord or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. In the event case of damage to the Premises or the building of which the Premises are a part by fire, enemy action, or other casualty to the Apartment as is insurable under present or the building in which the Apartment is locat­edfuture standard forms of fire and extended coverage insurance policies, OWNER Landlord, unless it shall otherwise elect as hereinafter provided, shall repair the same with reasonable dispatch after written notice of damage. If the Premises, or any part thereof, are damaged by fire, enemy action, or other casualty to such damage an extent as to be rendered untenantable, but are, nevertheless, repaired by RESIDENT; providedLandlord, then the rent shall be abated to an extent corresponding with the time during which and the extent to which said Premises may have been untenantable. If such repairs,, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty delayed because of Tenant's failure to an extent that RESIDENTadjust Tenant's enjoyment own insurance claim, no reduction shall be made beyond a reasonable time allowed for such adjustment. If such repairs shall be reasonably estimated to take more than ninety (90) days to accomplish, and Landlord has determined not to terminate this lease as hereinafter set forth, then Landlord shall promptly notify Tenant of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates actual estimated time of repair and Tenant shall have the Apartmentoption, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so exercisable within ten (10) days of receipt of Landlord's repair time estimate to terminate this Lease by vacating notice to Landlord, and the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates rent shall be adjusted as of the time of the occurrence of any such fire, enemy actions, or other casualty. If the Landlord in its exclusive discretion, shall decide, within a reasonable time after the occurrence of any such fire, enemy action, or other casualty, to demolish, rebuild or reconstruct the building, then, upon at least thirty (30) days written notice given by Landlord to Tenant, this lease shall terminate on a .date to be specified in such notice as if that date had been originally fixed as the expiration date of vacating; or if continued occupancy is lawfulthe Lease Term, Section 55-226 of and the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates adjusted as of the expiration time of the notice period. Such right occurrence of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon any such termi­nationfire, OWNER may, in addition to all other remedies provided by this Leaseenemy action, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or other casualty. Accounting for rent Tenant shall give immediate notice to Landlord in case of fire or other casualty or in the event of termination accidents to or apportionment defect in any fixtures or equipment of the building. Landlord, for itself and its insurers, hereby releases Tenant with respect to any liability (including that deriving from the fault or neglect of Tenant, assignees, sub-tenants, its agents, employees or other persons under its or their direction or control) which Tenant might otherwise have for any damage to the building or the Premises by fire, explosion, or any other perils covered by Landlord's insurance, occurring during the Lease Term. Whenever Landlord elects to insure the Premises or the building against fire or other casualty with an insurance company selected by Landlord, Landlord shall cause all policies evidencing such insurance to include a provision permitting such release of liability if such a provision is obtainable from such insurer at no additional expense to Landlord. If such insurer will not include such a provision in said policy, or if the inclusion of such provision in such policy would ,involve an additional expense for Landlord, Landlord shall so advise Tenant within a reasonable time. Where such a provision is obtainable from such insurer and Tenant notifies Landlord in writing within a reasonable time thereafter the Tenant desires Landlord to cause such a provision to be made included in such policy at the expense of Tenant, Landlord shall cause such a provision to be included, and Xxxxxx agrees to pay promptly all expenses incurred by Landlord as a result of such inclusion. In case Landlord shall fail to complete such repairs within ninety (90) days from the date of such damage, the casualtyTenant may at any time after such ninety (90) day period give Landlord thirty (30) days notice in writing of termination of this lease, then at the expiration of such thirty day period, this lease shall terminate as completely as if that were the date fixed for expiration of the term of this lease unless, Landlord shall have substantially completed repairs prior to the expiration of such thirty day period.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Xxxxxx’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT 45 Tenant 30 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Xxxxxxxx’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 4 and 5 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Xxxxxx’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Tenant’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT Tenant 45 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Landlord’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 4 and paragraph 20 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Tenant’s guests were the cause of the damage or casualty, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. If the Premises, during the term of this Lease, is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of damage by fire, enemy action, or other casualty the damaged portion bears to the Apartment whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that RESIDENT's enjoyment the Premises by Tenant’s willful or negligent acts, or those of the Apartment is substantially impaired Tenant’s family, agents, guests or required repairs can only be accomplished if RESIDENT vacates the Apartmentinvitees, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate Tenant shall remain liable for all amounts owed under this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by no fire or otherwise was caused by the deliberate or negligent act of RESIDENTdamage had occurred, or the agentsand in addition, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be fully liable for all amounts paid by Owner to cause the total rent during the unexpired term of this Lease (regardless of Premises to be repaired or restored, including any termination insurance deductible paid by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT Landlord or Owner and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to including all other remedies provided costs, expenses or fees, including reasonable attorney fees, paid or incurred by this Lease, Landlord or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. In the event of damage or destruction of the Demised Premises or a portion thereof by firefire or any other casualty, enemy actionthen, or other casualty except as otherwise provided in Section 9.3, this Lease shall not be terminated, but structural damage to the Apartment or Demised Premises, including demising partitions and doors, shall be promptly and fully repaired and restored as the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage case may be by RESIDENT; providedLandlord at its own cost and expense. Due allowance, however, shall be given for reasonable time required for adjustment and settlement of insurance claims, and for such other delays as may result from government restrictions, and controls on construction, if any, and for strikes, national emergencies and other conditions beyond the Apartment control of Landlord. Restoration by Landlord shall not include replacement of Tenant's Property or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment portion of the Apartment is substantially impaired or required repairs can only be accomplished if RESIDENT vacates Leasehold Improvements provided by Landlord as of the ApartmentCommencement Date above the building standard items as of the Commencement Date. If the items which Landlord provides as building standard items have changed since the Commencement Date, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease then, at Landlord's election, such restoration shall not include restoration of Leasehold Improvements in excess of those provided by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates Landlord as building standard as of the date of vacating; or if continued occupancy is lawfulsuch restoration. Tenant shall, Section 55-226 at its expense, repair, restore and replace Tenant's Property and all elements of the Code Demised Premises excluded from the scope of Virginia Landlord's duty to restore pursuant to this Section 9.2. Tenant's restoration, replacement and repair work shall applycomply with Section 6 hereof and Tenant shall maintain adequate insurance on all such replacements, it being the intent restoration and property pursuant to Section 8.5. It is agreed that in any of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless aforesaid events, this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves continue in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT full force and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyeffect.

FIRE OR CASUALTY DAMAGE. If the Premises, during the term of this Lease, is destroyed by fire or casualty, rendering the Premises wholly untenable, Landlord shall have the right to terminate this Lease, and both parties shall be released from any further liability except for the purpose of enforcing any rights that may have been accrued to the date of the fire or casualty. Owner may also elect to repair or replace the Premises as necessary to return the Premises to a tenable state. During such time that all of the Premises is rendered untenable, Tenant shall not be responsible for payment of any rent. Should only a portion, but not all of the Premises be rendered untenable, Owner shall have the option of either repairing the damaged portion or terminating this Lease. In the event Owner decides to repair the damaged portion, this Lease shall not terminate, but the rent shall xxxxx in the proportion that the square footage of the damaged portion bears to the whole, and such part so damaged shall be restored by Owner within such time as is reasonably practicable. Upon repair of the damaged portion, Tenant shall pay the full rent provided in this Lease through the remaining term of this Lease. Regardless of the extent of damage by fire, enemy action, or other casualty to the Apartment Premises or any portion of the building in which the Apartment is locat­edPremises, OWNER shall repair the same with reasonable dispatch after Owner may also upon written notice of such damage by RESIDENT; provided, howeverimmediately terminate this Lease, if in Owner’s sole and absolute discretion, any repairs necessitated by any event would be either impractical or dangerous, if Xxxxxx continued to occupy the Apartment Premises. Nothing provided in this paragraph shall make Landlord or Owner responsible for repairing or replacing any personal property or improvements of Tenant to the Premises extent they are damaged or destroyed by any cause other than the gross negligence of Landlord or Owner. Further, to the extent any fire or casualty damage is caused to an extent that RESIDENT's enjoyment the Premises by Tenant’s willful or negligent acts, or those of the Apartment is substantially impaired Tenant’s family, agents, guests or required repairs can only be accomplished if RESIDENT vacates the Apartmentinvitees, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate Tenant shall remain liable for all amounts owed under this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; or if continued occupancy is lawful, Section 55-226 of the Code of Virginia shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by no fire or otherwise was caused by the deliberate or negligent act of RESIDENTdamage had occurred, or the agentsand in addition, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be fully liable for all amounts paid by Owner to cause the total rent during the unexpired term of this Lease (regardless of Premises to be repaired or restored, including any termination insurance deductible paid by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT Landlord or Owner and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to including all other remedies provided costs, expenses or fees, including reasonable attorney fees, paid or incurred by this Lease, Landlord or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyOwner.

FIRE OR CASUALTY DAMAGE. In the event of damage by fire, enemy action, or other casualty to the Apartment or the building in which the Apartment If Premises is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's Xxxxxx’s enjoyment of the Apartment Premises is substantially impaired or that required repairs can only be accomplished if RESIDENT Tenant vacates the ApartmentPremises, either RESIDENT Tenant or OWNER Landlord may terminate this LeaseRental Agreement. RESIDENT Tenant may so terminate this Lease Rental Agreement by vacating the Apartment and, Premises and within 14 days thereafter, serve on OWNER serving Landlord a written notice of RESIDENT’s his intention to terminate this Leaseterminate, in which case this Lease terminates Rental Agreement will terminate as of the date of vacating; or if . If continued occupancy is lawful, Section 55-226 of the Code of Virginia lawful there shall apply, it being the intent of the parties that RESIDENT shall remain obligated to pay be a reasonable rent in accordance with reduction for such Section 55-226 unless this Lease time until Premises is terminated under this Section 14. Notwithstanding anything restored to the contrary herein, if the damage condition prior to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act casualty; and, in case of RESIDENTsuch deprivation of possession, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT Tenant shall be liable for the total rent during the unexpired term allowed a like reduction until possession of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects Premises is restored to Tenant. Landlord may terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease Rental Agreement by giving RESIDENT 45 Tenant 14 days' ’ notice of OWNER’s intention to terminate this Lease based upon OWNER's Xxxxxxxx’s determination that such damage requires the removal of RESIDENT Tenant and the use of the Apartment Premises is substantially impaired, in which case this Lease terminates Rental Agreement will terminate as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease Rental Agreement is terminated, OWNER Landlord shall return all security deposits in accordance with paragraph 7 and 8 of this Lease Rental Agreement and prepaid rent, plus accrued interest, interest recoverable by law law, unless OWNER Landlord reasonably believes that RESIDENTTenant, RESIDENT's guests, invitees or authorized occupants Xxxxxx’s guests were the cause of the damage or casualty, in addition to paying for repair of all damages and related costs, in which case OWNER Landlord shall account to RESIDENT Tenant for the security deposit and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

FIRE OR CASUALTY DAMAGE. In If, during the event of damage by firerental period, enemy action, or other casualty to the Apartment or the building in which the Apartment is locat­ed, OWNER shall repair the same with reasonable dispatch after written notice of such damage by RESIDENT; provided, however, if the Apartment or the Premises are so damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment natural disaster, without fault or negligence of the Apartment tenant(s), such that it is substantially impaired or required repairs can only rendered wholly unfit for occupancy and cannot be accomplished if RESIDENT vacates the Apartmentrepaired within forty eight hours, either RESIDENT or OWNER may then this lease shall terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates as of the date of vacating; such casualty, and tenant(s) shall pay the rent apportioned to the time of the casualty. If such injury or casualty can be repaired within forty-eight hours thereafter, the agent may enter and repair, and this lease shall not be affected, except that the rent shall be suspended during repairs. Evacuation: In the unlikely event that the State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a credit on a future stay, but not a refund, of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. Indemnity, Right of Entry, and Assignment: The owners and/or their agent will not be liable for damages to property, theft, or injuries resulting from any accident that may occur in or on the premises during guest occupancy. Tenant agrees to indemnify and hold harmless Agent and the Owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of agent or the Owner. Owner reserves the right to refuse occupancy to anyone deemed detrimental to the premises or to immediately discontinue occupancy at any time if it is judged that continued occupancy would be detrimental to the premises. Tenant agrees the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, improvements or alterations thereto as Owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Sea Breeze Florida LLC. Disclaimer Of Warranties. TENANT(S) UNDERSTANDS AND AGREES THAT THERE ARE NO FURTHER, OTHER OR ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, HEREUNDER OR AS A RESULT THEREOF, THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF LEASE AGREEMENT AND ARE NOT EXPRESSLY STATED HEREIN. Financial notices: 30% of total amount due is lawfuldue within 30 (thirty) days of reservation request, Section 55along with applicable security deposit, to SBF. The balance of all fees will be required before occupancy. Payment may be made by Visa, MasterCard, personal check (drawn on U.S. bank only and presented 14 days in advance of departure), certified check, cash or money order. Security Deposits: A security deposit of 10% of rental or one hundred ($500) whichever is greater is required to confirm a reservation. Security deposits earn no interest for the tenant and are not time-226 deposits. Security deposits will be mailed to guest within 10 days of check-out by check. Written notice will be made if damages are charged against the security deposit refund. Charges may include additional cleaning fees due to excessive misuse of the Code of Virginia shall applypremises, it being the intent of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate or negligent act of RESIDENTpremises, or missing items from the agentspremises. If charges exceed security deposit and owners seek legal remedy, servantstenant/guest will pay all collection costs and attorney fees. Cancellations: Cancellations must be made in writing and delivered by fax, employeesE-mail or regular mail. You will receive a response within 24 hours from SBF upon receipt. If notice is given at least 60 days prior to scheduled arrival, visitors or licensees the deposit and any rental payments made will be refunded, less 10%. Cancellations occurring less than 60 days of RESIDENT, RESIDENT arrival date shall be liable subject to forfeiture of deposit, unless we are able to rent the property to another party for the total rent during the unexpired term reserved period at an equivalent rate. Early departures will result in forfeiture of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualtyrental balance.

FIRE OR CASUALTY DAMAGE. In the event case of damage to the Premises or the building of which the Premises are a part by fire, enemy action, or other casualty to the Apartment as is insurable under present or the building in which the Apartment is locat­edfuture standard forms of fire and extended coverage insurance policies, OWNER Landlord, unless it shall otherwise elect as hereinafter provided, shall repair the same with reasonable dispatch after written notice of damage. If the Premises, or any part thereof, are damaged by fire, enemy action, or other casualty to such damage an extent as to be rendered untenantable, but are, nevertheless, repaired by RESIDENT; providedLandlord, then the rent shall be abated to an extent corresponding with the time during which and the extent to which said Premises may have been untenantable. If such repairs, however, are delayed because of Tenant’s failure to adjust Tenant’s own insurance claim, no reduction shall be made beyond a reasonable time allowed for such adjustment. If the Landlord in its exclusive discretion, shall decide, within a reasonable time after the occurrence of any such fire, enemy action, or other casualty, to demolish, rebuild or reconstruct the building, then, upon at least thirty (30) days written notice given by Landlord to Tenant, this lease shall terminate on a date to be specified in such notice as if that date had been originally fixed as the Apartment or the Premises are damaged or destroyed by fire or casualty to an extent that RESIDENT's enjoyment expiration date of the Apartment is substantially impaired or required repairs can only Lease Term, and the rent shall be accomplished if RESIDENT vacates the Apartment, either RESIDENT or OWNER may terminate this Lease. RESIDENT may so terminate this Lease by vacating the Apartment and, within 14 days thereafter, serve on OWNER a written notice of RESIDENT’s intention to terminate this Lease, in which case this Lease terminates adjusted as of the date of vacating; or if continued occupancy is lawful, Section 55-226 time of the Code occurrence of Virginia any such fire, enemy action, or other casualty. Tenant shall apply, it being the intent give immediate notice to Landlord in case of the parties that RESIDENT shall remain obligated to pay rent in accordance with such Section 55-226 unless this Lease is terminated under this Section 14. Notwithstanding anything to the contrary herein, if the damage to the Apartment or such building by fire or otherwise was caused by the deliberate other casualty or negligent act of RESIDENT, or the agents, servants, employees, visitors or licensees of RESIDENT, RESIDENT shall be liable for the total rent during the unexpired term of this Lease (regardless of any termination by RESIDENT), without abatement, unless OWNER elects to terminate this Lease, a right which OWNER hereby reserves in such contingency. OWNER may so terminate this Lease by giving RESIDENT 45 days' notice of OWNER’s intention to terminate this Lease based upon OWNER's determination that such damage requires the removal of RESIDENT and the use of the Apartment is substantially impaired, in which case this Lease terminates as of the expiration of the notice period. Such right of OWNER to terminate shall be in addition to the OWNER's rights under Paragraph 5 of this Lease. If RESIDENT fails to vacate the Apartment upon such termi­nation, OWNER may, in addition to all other remedies provided by this Lease, or available in law or at equity, obtain possession of the Apartment in accordance with Paragraph 20 hereof. Provided such election and termination by OWNER is made in good faith, OWNER may, subsequent to such election and termination, repair such damage and RESIDENT shall have no rights or interest in the Apartment as re­paired. If this Lease is terminated, OWNER shall return all security deposits in accordance with this Lease and prepaid rent, plus accrued interest, recoverable by law unless OWNER reasonably believes that RESIDENT, RESIDENT's guests, invitees or authorized occupants were the cause of the damage or casualty, in which case OWNER shall account to RESIDENT for the security and prepaid rent, plus accrued interest based upon the damage or casualty. Accounting for rent in the event of termination accidents to or apportionment defect in any fixtures or equipment of the building. Landlord, for itself and its insurers, hereby releases Tenant with respect to any liability (including that deriving from the fault or neglect of Tenant, assignees, sub-tenants, its agents, employees or other persons under its or their direction or control) which Tenant might otherwise have for any damage to the building or the Premises by fire, explosion, or any other perils covered by Landlord’s insurance, occurring during the Lease Term. Whenever Landlord elects to insure the Premises or the building against fire or other casualty with an insurance company selected by Landlord, Landlord shall cause all policies evidencing such insurance to include a provision permitting such release of liability if such a provision is obtainable from such insurer at no additional expense to Landlord. If such insurer will not include such a provision in said policy, or if the inclusion of such provision in such policy would involve an additional expense for Landlord, Landlord shall so advise Tenant within a reasonable time. Where such a provision is obtainable from such insurer and Tenant notifies Landlord in writing within a reasonable time thereafter the Tenant desires Landlord to cause such a provision to be made included in such policy at the expense of Tenant, Landlord shall cause such a provision to be included, and Tenant agrees to pay promptly all expenses incurred by Landlord as a result of such inclusion. In case Landlord shall fail to complete such repairs within ninety (90) days from the date of such damage, the casualtyTenant may at any time after such ninety (90) day period give Landlord thirty (30) days notice in writing of termination of this lease, then at the expiration of such thirty day period, this lease shall terminate as completely as if that were the date fixed for expiration of the term of this lease unless, Landlord shall have substantially completed repairs prior to the expiration of such thirty day period.