Common use of DAMAGE TO PREMISES Clause in Contracts

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

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

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

DAMAGE TO PREMISES. In the event a) If the Premises are destroyed or rendered untenantable, either wholly un-tenantable or in part, by fire, storm, earthquake, fire or other casualty not (“Casualty”), Tenant will immediately notify Landlord in writing upon the occurrence of such Casualty. Landlord may elect either to (i) repair the damage caused by such casualty as soon as reasonably possible, in which case this Lease will remain in full force and effect, or (ii) if (A) Landlord estimates it will take more than nine (9) months to repair the negligence Premises or (B) the Casualty occurs during the last six (6) months of the Lease Term and Landlord estimates it will require more than thirty (30) days to repair, terminate the Lease Term as of the date the Casualty occurred. Landlord will notify Tenant within thirty (30) days after receipt of notice of the Casualty whether Landlord elects to repair the damage or terminate the Lease Term. If Landlord elects to repair the damage, Tenant will pay Landlord the portion of the deductible amount under Landlord’s insurance allocable to the damage to the Premises and, if the damage was due to an act or omission of Tenant or its employees, agents, contractors or invitees, the difference between the actual cost of repair and any insurance proceeds received by Landlord. b) If based on the estimate of Landlord’s architect or contractor, it will take Landlord more than nine (9) months to rebuild the Premises or (ii) the Casualty occurs during the last six (6) months of the Lease Term and the damage is estimated by Landlord to require more than thirty (30) days to repair, Tenant may elect to terminate the Lease Term as of the date the Casualty occurred, which must be exercised by written notification to Landlord within thirty (30) days after the occurrence of the Casualty. c) If the Property is destroyed or damaged by Casualty and Landlord elects to repair or restore the Property pursuant to the provisions of this Article 10, any Rent payable during the period of such damage, repair and/or restoration will be reduced according to the degree, if any, to which Tenant, ’s use of the Premises is impaired. d) The provisions of this Agreement shall terminate from such time except for Article 10 will govern the purpose rights and obligations of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up in the event of any damage or destruction of or to the time Property. Tenant waives the protection of such injury any statute, code or judicial decision which grants a tenant the right to terminate a lease in the event of the damage or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesleased property.

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

DAMAGE TO PREMISES. In the event (a) If there is damage and/or destruction to the Premises are destroyed and/or a release of Hazardous Substances on the Premises ("Damage") such as to render the whole or rendered wholly un-tenantable by fire, storm, earthquake, any part of the Premises unusable or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except inaccessible for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein Tenant's use and occupancy thereof, Landlord shall then be accounted for by and between Landlord and Tenant up deliver to Tenant, within sixty (60) days following the occurrence of such Damage, the Expert's written opinion ("Opinion") as to the actual repair time ("Actual Repair Time"), being the amount of time it will take to repair, reconstruct or Remediate, as the case may be, such injury Damage, to the extent of Landlord's obligations hereunder, employing normal construction/remediation methods (without overtime or destruction other premium), following Landlord's receipt of all permits required for such repair, reconstruction or Remediation. (b) If this Lease is not terminated as herein in this Article 12 provided, Landlord shall diligently proceed to perform such repairs and/or reconstruction and/or Remediation (collectively, "Landlord's Reconstruction Work") to the Premises to the extent of its express obligations pursuant to this Lease and Tenant, commencing as soon as is practicable but without interfering with Landlord's Reconstruction Work, shall diligently proceed to perform such repairs and/or reconstruction and/or Remediation as are Tenant's responsibility pursuant hereto (collectively, "Tenant's Reconstruction Work"). In any event, within thirty (30) days after Landlord has completed the Landlord's Reconstruction Work to the Premises to the point where Tenant could commence Tenant's Reconstruction Work or commence the conduct of business on the Premises, Tenant paying rentals up will complete Tenant's Reconstruction Work to the Premises and shall fully fixture (if applicable) the Premises and recommence the operation of Tenant's business as permitted and required pursuant hereto. (c) If: (i) according to the Opinion, the Actual Repair Time exceeds one hundred eighty (180) days; or (ii) at the time of occurrence of such date and Landlord refunding rentals collected beyond such date. Should a portion Damage Tenant was not in actual physical occupancy of the whole of the Premises for the active and diligent conduct of business therefrom, or (iii) such Damage occurs within one ( 1) year prior to the expiry of the Term and either there are no remaining rights in favour of any party hereto to extend or renew this Lease or any party hereto having the right to renew or extend this Lease fails to do so within fifteen (15) days following the occurrence of such Damage (it being acknowledged that any express notice provisions for same would thereby be rendered unwaived), or (iv) the cost of the Landlord's Reconstruction Work to the Premises exceeds by twenty-tenantablefive percent (25%) or more the amount of insurance proceeds, if any, made available to Landlord therefor, then, (1) Landlord may elect, by Notice to Tenant, and, (2) in the case of subsection 12.2(c)(iii) above only, Tenant may elect, upon Notice to Landlord, in both cases within thirty (30) days after delivery by Landlord shall have of the option of either repairing such injured or damaged portion or terminating Opinion, to terminate this Lease. In , whereupon, in the event that of any such termination by either Landlord exercises its right or Tenant, Tenant will immediately surrender possession of the Premises and Basic Rent and all other payments for which Tenant is liable pursuant hereto shall be apportioned to repair the effective date of such un-tenantable portiontermination, subject to the rental provision for abatement set forth in subsection 12.2 (d) below. (d) If the Damage is such as to render the whole or any part of the Premises unusable or inaccessible in whole or in part for the purpose of Tenant's use and occupancy, as permitted hereby, and if immediately prior to the occurrence of such Damage, Tenant was using substantially all of the Premises for the purposes as permitted by and as otherwise required pursuant to the terms of this Lease, then the Rent payable hereunder shall ▇▇▇▇▇ in from the proportion that the injured parts bears date of such Damage, to the whole Premisesextent that Tenant's use and occupancy of and/or ability to access the Premises is in fact thereby diminished, and such part so injured which determination shall be restored made by Landlord as speedily as practicablethe Expert, until the earlier of: (i) the thirtieth (30th) day after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises are ready for Tenantto commence Tenant's Reconstruction Work, as determined by Landlord; and (ii) the purpose date on which Tenant first commences the conduct of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making business in any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation part of the Premises or which had been Damaged following the building. Landlord and its agents shall further have date of the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration occurrence of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessuch Damage.

DAMAGE TO PREMISES. In the event (a) If there is damage and/or destruction (“Damage”) to the Premises are destroyed such as to render the whole or rendered wholly un-tenantable by fire, storm, earthquake, any part of the Premises unusable or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except inaccessible for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein Tenant’s use and occupancy thereof, Landlord shall then be accounted for by and between Landlord and deliver to Tenant up within sixty (60) days following the occurrence of such Damage the Architect’s written opinion as to whether or not the same is capable of being repaired, to the extent of Landlord’s repair obligations hereunder, within a period (which period of time shall be hereinafter referred to as the “Actual Construction Time”) of one hundred eighty (180) days following Landlord’s receipt of all permits required for the repair or reconstruction of such injury Damage. (b) If this Lease is not terminated as herein in this Article 12 provided, Landlord shall diligently proceed to perform such repairs to the Premises to the extent of its express obligations pursuant to Section 10.6 hereof and Tenant, commencing as soon as is practicable but without interfering with Landlord’s repairs, shall diligently proceed to perform such repairs as are Tenant’s responsibility pursuant hereto. In any event, within thirty (30) days after Landlord has completed its repairs to the Premises to the point where Tenant could commence its repair work or destruction commence the conduct of business on the Premises, Tenant paying rentals up shall complete its repairs to the Premises and shall fully fixture the Premises and recommence the operation of Tenant’s business as permitted and required pursuant hereto. (c) If: (i) in the Architect’s opinion, the Premises are not capable of being repaired by Landlord as aforesaid within the Actual Construction Time; or (ii) at the time of occurrence of such date and Landlord refunding rentals collected beyond such date. Should a portion Damage Tenant was not in actual physical occupancy of the whole of the Premises for the active and diligent conduct of business therefrom, or (iii) such Damage occurs within one (1) year prior to the expiry of the Term and either there are no remaining rights in favour of any party hereto to extend or renew this Lease or any party hereto having the right to renew or extend this Lease fails to do so within fifteen (15) days following the occurrence of such Damage (it being acknowledged that any express notice provisions for same would thereby be rendered un-tenantablewaived), or (iv) the Landlord shall have the option cost of either repairing such injured Damage exceeds by twenty-five percent (25%) or damaged portion or terminating more the amount of insurance proceeds made available to Landlord therefor, then, (1) Landlord may elect, by written notice to Tenant, and, (2) in the case of subsection 12.2(c)(iii) above only, Tenant may elect, upon written notice to Landlord, in both cases within thirty (30) days after delivery by Landlord of the opinion provided for in subsection 12.2(a) above, to terminate this Lease. In , whereupon, in the event that of any such termination by either Landlord exercises its right or Tenant, Tenant shall immediately surrender possession of the Premises and Basic Rent and all other payments for which Tenant is liable pursuant hereto shall be apportioned to repair the effective date of such un-tenantable portiontermination, subject to the rental provision for abatement set forth in subsection 12.2 (d) below. (d) If the Damage is such as to render the whole or any part of the Premises unusable or inaccessible in whole or in part for the purpose of Tenant’s use and occupancy, as permitted hereby, and if immediately prior to the occurrence of such Damage, Tenant was using substantially all of the Premises for the purposes as permitted by and as otherwise required pursuant to the terms of this Lease, then the Rent payable hereunder shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premisesextent that Tenant’s use and occupancy of and/or ability to access the Premises is in fact thereby diminished, and such part so injured which determination shall be restored made by Landlord as speedily as practicablethe Architect, until the earlier of: (i) the thirtieth (30th) day after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises are ready for the purpose of inspecting Tenant to commence its repairs to the Premises as determined by Landlord; and all buildings and improvements thereon. And for (ii) the purposes date on which Tenant first commences the conduct of making business in any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation part of the Premises or which had been Damaged following the building. Landlord and its agents shall further have date of the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration occurrence of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessuch Damage.

DAMAGE TO PREMISES. A. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees arising in whole or in part from Tenant's failure to implement Sound Farming and Conservation Practices (hereinafter collectively referred to as "Damage"), Tenant paying rentals up shall, at Tenant's sole cost and expense, promptly repair such Damage. All determinations as to whether Tenant has implemented Sound Farming and Conservation practices shall be made by Landlord in consultation with NRCS or the appropriate Soil Conservation District on the basis of Tenant's Farm Conservation Plan. If there is no approved plan, Landlord shall make this determination in consultation with NRCS or the appropriate Soil Conservation District. If Landlord determines that such date and Damage should not be repaired, Tenant shall be responsible to Landlord refunding rentals collected beyond such date. Should a portion for the diminution in value of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeasePremises. In the event that Tenant, after receipt of a written notice from Landlord exercises its right describing Tenant's failure to repair such un-tenantable portioncomply with Tenant's obligations under this Paragraph, fails to commence and substantially correct the rental shall ▇▇▇▇▇ conditions described in the proportion that the injured parts bears to the whole Premisessaid notice, and such part so injured shall be restored Landlord may, upon being notified by Landlord as speedily as practicablethat Tenant is in violation of the terms and conditions of the Agreement, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of terminate this Agreement and any renewal thereof to or, in its sole discretion, enter the Premises for the purpose of inspecting upon the Premises and perform such work as Landlord determines is necessary to correct said conditions. Tenant shall, after written demand therefor by Landlord, reimburse Landlord for all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate costs incurred by Landlord in performance of such work. Landlord shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the preservation damage or destruction of the Premises and/or any Improvements thereon. This Agreement shall not be construed to require or the building. obligate Landlord and its agents shall further have the right to exhibit cause any Damage to the Premises and to display be repaired for the usual "for sale", "for rent" or "vacancy" signs on benefit of Tenant. B. All repairs by Tenant of Damage to the Premises at and/or any time within forty- five (45) days before other State property comprising part of the expiration of this LeaseWildlife Management Area shall be completed in accordance with plans and specifications submitted to and approved by Landlord. The right of entry parties shall likewise exist for comply with all the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform requirements and procedures set forth in Paragraph 10 hereof to this Agreement or to any restrictions, rules or regulations affecting the Premisessame extent as though the repair is an Improvement.

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

DAMAGE TO PREMISES. In the event (a) If the Premises are damaged by fire or other casualty, the same shall be repaired or rebuilt as reasonably practical under the circumstances to at least a condition equivalent to that existing as of the date of this Lease , with reasonable and diligent dispatch, at the expense of the Landlord (subject to the rights of Landlord’s lender and subparagraph (b) and (c) below), unless this Lease is terminated as provided in this Article 10, and during the period required for restoration, a just and proportionate part of the Rent shall be abated until the Premises are repaired or rebuilt. (b) If the Premises are (i) damaged to such an extent that repairs cannot, in Landlord’s judgment, be completed within one hundred eighty (180) days after the date of the casualty or (ii) damaged or destroyed or rendered wholly unas a result of a risk which is not insured under standard special form/all-tenantable by fire, storm, earthquakerisk insurance policies, or other casualty (iii) damaged or destroyed during the last twenty-four (24) months of the Term, or if the Building is damaged in whole or in part (whether or not caused the Premises are damaged), to such an extent that the Building cannot, in Landlord’s reasonable judgment, be operated economically as an integral unit, then and in such event Landlord may at its option terminate this Lease by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up notice in writing to the time Tenant within thirty (30) days after the date of such injury or destruction occurrence. If the Premises are damaged to such an extent that repairs cannot, in Landlord’s judgment, be completed within one hundred eighty (180) days after the date of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion casualty or if the Premises are substantially damaged during the last twenty-four (24) months of the Premises thereby be rendered un-tenantableLease Term, then in either such event Tenant may elect to terminate this Lease by notice in writing to Landlord within thirty (30) days after the later of (i) the date of such occurrence and (ii) the date on which Landlord notifies Tenant in writing of the estimated time required to complete the necessary repairs, provided that within thirty (30) days after the date of such fire or other casualty, Landlord shall have the option of either repairing deliver to Tenant a statement from a reputable contractor, construction manager, architect or engineer, reasonably selected by Landlord, that sets forth such injured contractor’s, construction manager’s, architect’s or damaged portion or terminating this Lease. In the event that Landlord exercises its right engineer’s good faith estimate as to repair such un-tenantable portion, the rental shall when L▇▇▇▇▇ ▇▇▇’s restoration will be substantially complete. In addition, Tenant may terminate this Lease, by notice to Landlord, if L▇▇▇▇▇▇▇’s restoration has not been substantially completed within one hundred eighty (180) days after the date of the casualty and substantial completion of such restoration cannot be reasonably accomplished within sixty (60) days thereafter. Unless Landlord or Tenant elects to terminate this Lease as hereinabove provided, this Lease will remain in the proportion that the injured parts bears full force and effect and Landlord shall repair such damage at its expense to the whole Premisesextent required in this Article. (c) If Landlord shall elect or be obligated pursuant to subparagraph (a) above to repair or rebuild because of any damage or destruction, and such part so injured Landlord’s obligation shall be restored limited to the original Building and shall not extend to any leasehold improvements made by Landlord as speedily as practicable, after which or for Tenant to the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquakePremises, or any furniture, equipment, supplies or other unnatural personal property owned or natural disasterleased by Tenant, its employees, contractors, invitees or licensees. INSPECTION OF PREMISES. If the cost of performing such repairs and restoration exceeds the actual proceeds of insurance paid or payable to Landlord on account of such casualty, or if Landlord’s mortgagee or the lessor under a ground or underlying lease shall require that any insurance proceeds from a casualty loss be paid to it, Landlord may terminate this Lease unless Tenant, within thirty (30) days after demand therefor, deposits with Landlord a sum of money sufficient to pay the difference between the cost of repair and the proceeds of the insurance available to Landlord for such purpose. (d) If Landlord shall elect or be obligated pursuant to subparagraph (a) above to repair or rebuild because of any damage or destruction, Tenant shall, upon the completion of the Landlord's agents shall have ’s repair or restoration work to the right Premises, as reasonably as practical under the circumstances, at Tenant’s sole cost and expense, repair and rebuild all reasonable times during of the term of this Agreement and any renewal thereof leasehold improvements made to enter the Premises by the Tenant prior to the date of such damage or destruction. (e) In no event shall Landlord be liable for the purpose any loss or damage sustained by Tenant by reason of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making casualties mentioned hereinabove or any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesother accidental casualty.

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

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

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

DAMAGE TO PREMISES. In the event A. If the Premises are destroyed or rendered wholly un-tenantable shall be damaged by fire, stormthe elements, earthquakeaccident or other casualty, then, subject to the provisions below, Landlord shall cause the damage to be repaired to the condition that existed immediately prior to such casualty. In doing so, Landlord shall commence its repairs promptly and diligently proceed to conclusion with same, but shall not be required, in any event, to expend more than the net amount of insurance proceeds received on account of the damage, exclusive of any deductibles in such policies, which Landlord shall pay. B. If the Premises shall be so damaged or destroyed as would render the Premises unfit for Tenant's intended uses for a period in excess of ninety (90) days, or other casualty if then applicable laws or zoning requirements do not caused by permit the negligence necessary repair or restoration after occurrence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury damage or destruction of the PremisesPremises to whatever extent, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of then either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents party shall have the right at to cancel this Lease by written notice to the other served within sixty (60) days of the occurrence, effective as of the occurrence. Upon such termination, all reasonable times Rent and Additional Rent shall be apportioned as of the date of the occurrence. C. Tenant shall immediately notify Landlord in case of fire or other damage to the Premises. D. The repair and restoration of any damage to the property of Tenant or to the decorations and Alterations of Tenant shall not be the responsibility of Landlord, unless and to the extent Landlord receives insurance proceeds therefor. E. In the event any damage or destruction of the Premises renders the Premises unfit for Tenant's intended uses, all rent shall be abated during such period, except if the term damage or destruction shall be due to the negligence of Tenant or its Agents and the Landlord does not then carry rental business interruption or similar insurance against loss of rent. If any such damage or destruction renders the Premises partially unfit for Tenant's intended use and Tenant reasonably determines it can carry on its business without material adverse effect, all rent shall be equitably apportioned, subject to the above-stated exception concerning the negligence of Tenant and its Agents. For purposes of this Agreement and Paragraph E, the word "rent" shall not include any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations Additional Rent as may be deemed appropriate due from Tenant by Landlord for the preservation reason of the Premises any uncured default by Tenant under any term, covenant or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration condition of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In the event Tenant will repair promptly at its expense any damage to the Premises are destroyed and, upon demand, shall reimburse Landlord (as Additional Rent) for the cost of the repair of any damage elsewhere on or rendered wholly un-tenantable in the Center, caused by fireor arising from the installation or removal of property or fixtures in or from the Premises, stormregardless of fault or by whom such damage shall be caused (unless caused by Landlord, earthquakeits agents, employees or contractors). If Tenant fails to commence such repairs within five (5) days after notice to do so, or other casualty not complete such repairs prior to the termination or sooner expiration of the Term, then Landlord may make or cause the same to be made and Tenant agrees to pay to Landlord promptly upon Landlord's demand, as Additional Rent, the cost thereof with interest thereon at the Default Rate until paid. At Landlord's election, Tenant shall also (i) repair or remediate promptly, and at Tenant's expense, or (ii) reimburse Landlord (as Additional Rent) for the cost of repairs or remediation of, any damage to or dangerous condition created within the Center, if such damage or dangerous condition was caused or created by Tenant, its agents, employees or contractors. If Tenant fails to commence such repair or remediation within five (5) days after Landlord's notice to do so, or if Landlord elects to undertake such repair or remediation for the negligence account of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Tenant agrees to pay to Landlord and Tenant up to the time of such injury or destruction of the Premisespromptly upon Landlord's demand, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantableas Additional Rent, the Landlord cost thereof with interest thereon at the Default Rate until paid. Tenant's obligations for Additional Rent hereunder shall have survive the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration termination of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

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

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

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

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

DAMAGE TO PREMISES. In If, during the event Agreement Term, the Facilities, any other buildings or other improvements located on the Designated Premises are wholly or partially destroyed or rendered wholly un-tenantable damaged by fire, storm, earthquake, or any other casualty not caused by the negligence of Tenantwhatsoever (collectively called a "Casualty"), this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up subject to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have cancellation at the option of either repairing Concessionaire by written notice of such injured election to cancel within sixty (60) days after the date of such substantial damage or damaged portion or terminating this Leasedestruction. In Concessionaire shall also have the event that Landlord exercises its right to repair cancel this Agreement if substantially all of the damage was not covered by Concessionaire’s insurance policies. Concessionaire shall also have this right to cancel if the Land or Facilities or surrounding property is damaged by casualty and such un-tenantable portiondamage materially interferes with Concessionaire’s use of the Land or Facilities unless such damage is capable of being repaired within ninety (90) days after issuance of a building permit so as to minimize such interference. If this Agreement is so cancelled, all Rent and other payments paid in advance by Concessionaire, if any, that are not actually earned as of the rental date of such damage shall be refunded forthwith to Concessionaire. If this Agreement is not so cancelled, Concessionaire shall proceed, at its sole cost and expense and with due diligence to restore the damaged property to substantially the same condition existing immediately prior to such damage and from and after the date of such damage to the date of completion of the repairs the Rent shall ▇▇▇▇▇ in ▇. For the proportion that purposes of this Article, the injured parts bears Designated Premises shall be deemed substantially damaged if more than twenty-five percent (25%) thereof is rendered unavailable for Concessionaire’s intended use and such damage is not reasonably capable of being repaired within ninety (90) days following the date of the casualty. If Concessionaire does not elect to cancel this Agreement or if at any time prior to or during the whole Agreement Term not more than twenty-five percent (25%) of the Designated Premises is damaged by fire or other casualty, or if more than twenty-five percent (25%) is so damaged but the same may be fully restored and ready for Concessionaire’s occupancy within ninety (90) days following the date of the casualty, or if the Building or other part of the Facilities or Designated Premises is damaged but the same does not materially interfere with Concessionaire’s use of the Designated Premises, and if such part so injured damage is covered by Concessionaire’s insurance policies, then this Agreement shall remain in full force and effect, Concessionaire shall proceed with due diligence to repair and restore the damaged property to substantially the same condition existing immediately prior to such damage, and from and after the date of such damage to the date of completion of said repairs a just proportion of the Rent, according to the extent of the untenantability of the Designated Premises, shall ▇▇▇▇▇. Untenantability shall be restored determined by Landlord as speedily as practicable, after which reference to the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation usability of the Premises or by Concessionaire and not to the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration extent of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.actual physical damage

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

DAMAGE TO PREMISES. In Landlord shall not be liable for any injury or damages to persons or property on or about the event Premises, unless (a) caused by the Premises are destroyed gross negligence of Landlord or rendered wholly un-tenantable Landlord’s employees or agents and (b) of such a nature that the loss or injury would not be covered under a standard policy of renter’s insurance. Landlord shall not be liable to Tenants, nor to their guests, for damages or loss to person or property caused by other persons, including theft, burglary, assault, vandalism, fire, stormrainstorms, earthquakesmoke, explosions, or other casualty causes not within the direct control of Landlord and for which Landlord is not otherwise legally responsible, and to the extent permitted by law Tenants releases Landlord from all liability for that damage. Nothing contained in this Paragraph 10 shall be construed to limit any liability of Landlord arising by law. Unless Landlord or the agents of Landlord are negligent, Landlord shall not be liable to Tenants, nor their guests, for personal injury or property damage (furniture, jewelry, clothing, etc.) caused by sewer backup, interruption of utilities, or other occurrences. Tenants are strongly urged to acquire renter’s insurance to protect against loss from property damage or personal liability. Neither Landlord nor its agent shall be liable for any personal conflict of Tenants with co-tenants, Tenants’ guests or invitees, or with any other tenants or neighbors. Therefore, a conflict between Tenants does not constitute grounds for termination of this Lease. Tenants shall be responsible to promptly reimburse Landlord for the cost of restoration and repair of any damage to the Premises and the appliances, furniture, fixtures and equipment located in the Premises caused by the negligence misuse, abuse or neglect or wrongful acts of TenantTenants, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury Tenants’ invitees or destruction other lawful occupants of the Premises. If storm, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter catastrophe damages the Premises for to the purpose extent habitability is materially affected and the Premises cannot be substantially restored within thirty (30) days, either party may cancel this Lease by written notice to the other within ten (10) days of inspecting the damage. If the Lease is not terminated the Landlord will restore the Premises and all buildings and improvements thereon. And for until the purposes restoration is completed, the rent will be abated in proportion to any loss of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation use of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessuffered by Tenants.

DAMAGE TO PREMISES. In 18.01 If the event the Leased Premises are destroyed or rendered wholly un-tenantable shall be damaged by fire, stormthe elements, earthquake, unavoidable accident or other casualty casualty, but are not caused thereby rendered untenantable in whole or in part, Landlord shall promptly, at its own expense, cause such damage to be repaired, and the rent shall not be abated; if by reason of such occurrence the negligence of TenantLeased Premises shall be rendered untenantable only in part, this Agreement Landlord shall terminate from such time except for promptly, at its own expense, cause the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein damage to be repaired, and meanwhile the rent shall then be accounted for by and between Landlord and Tenant up abated proportionately to the time portion of the Leased Premises rendered untenantable; if by reasons of such injury or destruction occurrence the Leased Premises shall be rendered wholly untenantable, Landlord shall promptly, at its own expense, cause such damage to be repaired, and the rent meanwhile shall be abated in whole, unless within sixty (60) days after such occurrence Landlord shall give Tenant written notice that it has elected not to reconstruct the destroyed Leased Premises, in which event this Lease and the tenancy hereby created shall cease as of the Premises, Tenant paying rentals up to such date of said occurrence and Landlord refunding rentals collected beyond the rent shall be adjusted as of such date. Should a portion Landlord shall not be required to repair or replace any property which the Tenant may be entitled to remove from the Leased Premises. No damages, compensation or claims shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of the Leased Premises thereby or of the building in which the Leased Premises form a part. All rent paid in advance shall be rendered un-tenantableapportioned in accordance with the foregoing provisions as of the date of such damage; however, notwithstanding the Landlord foregoing, if the damage results wholly or in part from the fault of the Tenant, its agents, contractors, employees or invitees, Tenant shall have not be entitled to termination of any abatement or reduction in rent. Notwithstanding anything herein to the option contrary, if fifty percent (50%) or more of either repairing the Leased Premises is untentable because of a casualty, and independent third party construction experts indicate that repair and reconstruction of the destroyed Leased Premises will require in excess of sixty (60) days to place it back into a condition that Tenant may occupy same, then within five (5) business days after such injured or damaged portion or terminating determination ("Tenant's Final Termination Date"),Tenant may terminate this Lease. In If Tenant does not so terminate, then Landlord shall proceed to rebuild and restore the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord Leased Premises as speedily soon as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. a. In the event the Premises are destroyed or rendered wholly un-tenantable any material portion thereof or any adjoining property shall be damaged by fire, storm, earthquake, fire or other casualty not caused by during the negligence of Tenantterm hereof so as to render the Premises untenantable, this Agreement Lessor shall terminate from promptly restore the Premises to its previous condition, and rent shall equitably ▇▇▇▇▇ during any such time except for period based upon the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby which are untenantable during such period of repair. Notwithstanding anything to the contrary herein, (i) if a fire or other casualty occurs and Lessor estimates that damage to any casualty cannot be rendered un-tenantablerepaired within 180 days, then Lessee shall have the Landlord option to terminate this Lease effective as of the date of the casualty; and (ii) if a fire or other casualty occurs and (x) Lessor has failed to substantially restore the Premises within 180 days of the casualty (the “Restoration Period”), (y) the Restoration Period has not been delayed by Lessee delays or force majeure and (z) Lessee gives Lessor written notice of the termination within fifteen (15) business days after the end of the Restoration Period (as extended day for day by any Lessee delay or force majeure event), then Lessee shall have the option of either repairing such injured or damaged portion or terminating this LeaseLease effective as of the date of the casualty; provided, however, that if Lessor is delayed by Lessee of force majeure, then Lessor must provide Lessee with notice of the delays within ten (10) days of the Lessee delay event or force majeure stating the reason for the delays and a good faith estimate of the length of the delays. ▇. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇▇ in the proportion that and Lessee hereby release and discharge each other and any employee or representative of each from liability whatsoever hereafter arising from loss, damage, or injury caused by fire or other casualty for which insurance is required to be carried hereunder by the injured parts bears party at the time of such loss, damage, or injury to the whole Premisesextent of any recovery by the injured party under such insurance, provided such insurance permits a waiver of liability and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessubrogation rights.

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

DAMAGE TO PREMISES. A. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees or arising in whole or in part from Tenant's failure to implement sound farming and conservation practices (hereinafter collectively referred to as "damage"), Tenant paying rentals up shall, at Tenant's sole cost and expense, promptly repair such damage. All determinations as to whether Tenant has implemented sound farming and conservation practices shall be made by the Department in consultation with NRCS or the appropriate Soil Conservation District, and if a Farm Conservation Plan has been approved for the Premises, the determination shall be made on the basis of such date and Landlord refunding rentals collected beyond approved Plan. If the Department determines that such date. Should a portion damage should not be repaired, Tenant shall be responsible to the Department for the diminution in value of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeasePremises. In the event that Landlord exercises its right Tenant fails to repair such un-tenantable portioncomply with Tenant's obligations under this Paragraph after receiving written notice of damage, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears Department may terminate this Lease pursuant to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquakeParagraph 24, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to in its sole discretion, enter the Premises for the purpose of inspecting upon the Premises and perform such work as the Department determines is necessary to correct said damage. Tenant shall, after written demand therefor by the Department, reimburse the Department for all buildings and improvements thereoncosts incurred by the Department in performance of such work. And The Department shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the purposes of making any repairs, additions damage or alterations as may be deemed appropriate by Landlord for the preservation destruction of the Premises and/or any Improvements thereon. This Lease shall not be construed to require or obligate the building. Landlord and its agents shall further have the right Department to exhibit cause any damage to the Premises and to display be repaired for the usual "for sale", "for rent" or "vacancy" signs on benefit of Tenant. B. All repairs by Tenant of damage to the Premises at and/or any time within forty- five (45) days before other Department- owned property shall be completed in accordance with plans and specifications submitted to and approved by the expiration of this LeaseDepartment. The right of entry parties shall likewise exist for comply with all the purpose of removing placardsrequirements and procedures set forth in Paragraph 9 (“IMPROVEMENTS”), signs, fixtures, alterations or additions, but do not conform hereof to this Agreement or to any restrictions, rules or regulations affecting the Premisessame extent as though the repair is an Improvement.

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

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

DAMAGE TO PREMISES. In the event (a) If the Premises are destroyed or rendered wholly un-tenantable damaged by fire, storm, earthquake, fire or other casualty not caused by during the negligence Term, as renewed, and such damage, in Landlord's reasonable opinion, can be fully repaired within one (1) year after notice to Landlord of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time occurrence of such injury or destruction of damage ("Damage Notice") Landlord shall so notify Tenant within sixty (60) days after the Premises, Tenant paying rentals up to such date Damage Notice and Landlord refunding rentals collected beyond shall repair such datedamage with reasonable diligence and in a manner consistent with the provisions of any Underlying Mortgage and this Section 12.1. Should Tenant shall promptly pay to ------------ Landlord all property insurance proceeds (other than for loss to Tenant's personal property) received by Tenant as a portion result of such damage and Landlord shall use such proceeds in the repair of such damage. (b) If the Premises are damaged by fire or other casualty so that the repair of the Premises thereby cannot, in Landlord's reasonable opinion, be rendered un-tenantablecompleted within one (1) year after the Damage Notice, Landlord shall so notify Tenant ("Repair Period Notice") within sixty (60) days after the Damage Notice and Landlord and/or Tenant shall have the option ("First Termination Option"), to be exercised by written notice to the other within sixty (60) days after Landlord gives Tenant the Repair Period Notice to terminate this Lease as of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its date the notice of the exercise of the right to terminate this Lease is received by the other party (the "Effective Date"). The First Termination Option may be exercised by either Landlord or Tenant as to only portions of the Premises which are damaged, provided that such portions are in full floor increments (or in increments of 25,000 square feet of Rentable Area, if less than a full floor of the Premises is damaged). (c) If neither party timely exercises the First Termination Option, or if the damage can be repaired in less than one (1) year after the Damage Notice, in Landlord's reasonable opinion, Landlord shall repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole entire Premises, including all tenant improvements and Tenant Alterations, to their condition immediately prior to such part so injured shall be restored by damage as soon as reasonably possible utilizing the insurance proceeds Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according is entitled to its terms. It is the sole responsibility of tenant receive pursuant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISESArticle 11. Landlord and LandlordTenant shall each use commercially reasonable efforts ---------- to obtain any insurance proceeds to which such party is entitled; however, if Landlord does not receive proceeds from Tenant's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof property insurance policies required to enter be carried by Tenant under Section 11.2 which are adequate to repair ------------ completely the Premises for the purpose of inspecting to such condition, then Landlord shall only be required to repair the Premises and all buildings and improvements thereonto the extent that Landlord has received proceeds from such insurance policies and/or additional funds from Tenant. And for the purposes of making any repairs, additions or alterations as may Nothing in this Section 12.1 shall be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the construed to limit Tenant's right to exhibit the Premises and ------------ applicable rent abatement pursuant to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this LeaseSection 12.3. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.------------

DAMAGE TO PREMISES. In the event If the Premises are hereafter damaged or destroyed or rendered wholly un-tenantable partially untenantable for their customary use by fire, storm, earthquake, fire or other casualty not caused casualty, Landlord shall apply any insurance proceeds, or, in its sole discretion, cause Tenant to apply the proceeds of insurance described in Article XI of this Lease to promptly repair the same to substantially the same condition which they were in immediately prior to the happening of such casualty, including all floor coverings, wall coverings, drapes and equipment required by this Lease to be insured by the negligence Tenant. From the date of such casualty until the Premises are so repaired and restore& unless delayed by action of the Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Minimum Monthly Rent payments payable hereunder shall ▇▇▇▇▇ for the Tenant in the proportion that the injured parts bears to the whole Premisespart of Premises occupied by the Tenant destroyed or rendered untenantable. The Landlord shall not be obligated to repair and restore the Premises if such casualty is caused directly or indirectly by the negligence or intentional act of Tenant, its agents, and such part so injured shall be restored by Landlord as speedily as practicableemployees, after which the full rent shall recommence and the Agreement continue according Landlord shall not be required to its termsexpend for such repair or restoration any amount in excess of the insurance proceeds recovered as a result of such damage. It is However, if the sole responsibility of tenant to properly insure personal items from loss due to floodPremises be damaged, fire, storm, theft, earthquakedestroyed, or any other unnatural rendered untenantable for their accustomed uses to the extent of more than 50% of the cost to replace or natural disaster. INSPECTION OF PREMISES. restore the entire Premises during or after the last five years of the original term of this Lease, then Landlord and Landlord's agents shall have the right at all reasonable times during to terminate this Lease effective as of the term date of this Agreement such casualty by giving to Tenant, within 60 days after the happening of such casualty, written notice of, such termination. If such notice is not given and any renewal thereof Landlord is required or elects to enter repair or restore the Premises as herein provided, then Tenant shall promptly repair or replace its~ leasehold improvements, stock in trade, fixtures, furnishings, furniture, carpeting, wall coverings, floor coverings, drapes and equipment to the same condition as they were in immediately prior to the casualty, and if Tenant has closed its business, Tenant shall promptly reopen for business upon the purpose completion of inspecting the Premises and all buildings and improvements thereonsuch repairs. And Tenant shall reimburse Landlord for the purposes of making any repairs, additions or alterations as may be deemed appropriate cost incurred by Landlord for in connection with any casualty to the preservation of Premises, which are not otherwise covered by the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration insurance described in Article XI of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In the event the Premises are destroyed Section 10.1. If all or rendered wholly un-tenantable any portion of any Improvements on any parcel of Land shall be damaged by fire, storm, earthquake, fire or other casualty not caused by the negligence of Tenantcasualty, this Agreement Tenant shall terminate from promptly notify Landlord thereof and shall diligently repair or reconstruct such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein Improvements, in a good and workmanlike manner, to a like or better condition than existed prior to such damage or destruction, with such Alterations or modifications thereto as Tenant shall then be accounted for by and between Landlord and Tenant up deem necessary or desirable, subject to the time provisions of such injury Article 5 (the “Restoration”), at Tenant’s sole cost and expense and whether or not the insurance proceeds applicable to damage or destruction of such Improvements shall be sufficient. Section 10.2. So long as Tenant is not in default beyond applicable grace or notice provisions in the Premisespayment or performance of its obligations hereunder, Tenant paying rentals up shall be entitled to such date and receive all insurance proceeds payable with respect to any damage to the Improvements or any of Tenant’s Property by fire or other casualty. Landlord refunding rentals collected beyond such date. Should a portion agrees to pay over to Tenant from time to time, for the costs of the Premises thereby Restoration, any proceeds which may be rendered unreceived by Landlord from insurance carried by Landlord or Tenant, less any actual, reasonable out-tenantableof-pocket expenses paid by Landlord in the collection of such proceeds. Section 10.3. The Rent payable under this Lease shall not a▇▇▇▇ by reason of any damage or destruction of any Improvements by reason of an insured or uninsured casualty; provided, however, that Tenant shall receive a credit against the Landlord shall have Rent and other sums due hereunder in an amount equal to the option proceeds of either repairing any business interruption insurance carried by Tenant, to the extent that such injured or damaged portion or terminating this Leaseproceeds are paid to Landlord. In the event that Landlord exercises its right Tenant hereby waives all rights under applicable Laws to repair such un-tenantable portion, the rental shall a▇▇▇▇▇ in , reduce or offset Rent by reason of such damage or destruction. Section 10.4. Notwithstanding the proportion that foregoing provisions of this Article 10, if there exists a Mortgage, (a) the injured parts bears terms and conditions of such Mortgage shall be satisfied prior to the whole Premisesdisbursement of any insurance proceeds for the Restoration of any damage to the Land or Improvements, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents (b) Mortgagee shall have the right at all reasonable times during to supervise and control the term receipt and disbursements of this Agreement and such insurance proceeds and, subject to the terms of such Mortgage, shall be entitled to apply any renewal thereof insurance proceeds which are not used to enter the Premises pay for the purpose costs of inspecting such Restoration to the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation reduction of the Premises or debt secured by the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesMortgage.

DAMAGE TO PREMISES. (a) If the Premises or any part thereof shall be damaged by flood, fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. (b) In the event the Premises and/or the Building of which the Premises are a part shall be totally destroyed or rendered wholly un-tenantable by fire, storm, earthquake, fire or other casualty or be so badly damaged that, in the sole opinion of Landlord, it is not caused feasible to repair or rebuild same (whether or not the Premises shall have been damaged by the negligence casualty affecting the Building), or in the event any mortgagee of TenantLandlord's should require that the insurance proceeds, this Agreement shall terminate from such time except for the purpose or any portion thereof, payable as a result of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then a casualty be accounted for by and between Landlord and Tenant up applied to the time payment of such injury the mortgage debt, or destruction in the event of any material uninsured loss to the Property or the Premises, Landlord shall have the right to terminate this Lease by notifying Tenant, in writing, of such termination within the later to occur of ninety (90) days after the date of receipt by Landlord of Tenant's notice or within ninety (90) days after the date of such casualty. Landlord shall have no liability to Tenant paying rentals up for the Landlord's termination of the Lease in accordance with the provisions hereof, or for any inconvenience or annoyance to Tenant or injury to the business or property of Tenant resulting in any way from the occurrence of a casualty or from the repair of any damage or destruction related thereto. (c) If Landlord does not elect to terminate this Lease, Landlord shall proceed with reasonable diligence to restore, first, the Building and all of its Common and Service Areas and, second, the Premises to substantially the same condition they were in immediately prior to the casualty occurrence. Landlord's obligation to restore the Premises shall not exceed the scope of the work required to be done by Landlord in originally constructing the Premises for Tenant, nor shall Landlord be required to spend for such date work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. Tenant agrees to resume occupancy upon Substantial Completion of the reconstruction or, the improvements, Substantial Completion being defined as the occurrence of the earlier of one of the following: (i) on the day the Tenant re-occupies the Premises; or (ii) five (5) days after Tenant has been notified by Landlord, in writing, that the Premises are complete and Landlord refunding rentals collected beyond such datehave been approved for re-occupancy by the licensing authority of the City or Boulder. Should Prior to re-occupancy, Tenant will have inspected and accepted the Premises as to its conformity with the Reconstruction Plans, which acceptance will not be unreasonably withheld. The Premises shall not be deemed unacceptable if only minor or insubstantial details of construction, decoration, mechanical adjustments, or any work contracted for by Tenant remains to be done. (d) If the Premises shall be partially damaged by fire or other casualty and, except if caused by Tenant's negligence. said Premises are not rendered untenable thereby, as determined by Landlord, a pro rata reduction of the Rent shall be allowed for the unoccupied portion of the Premises thereby be until Substantial Completion of the reconstruction. (e) If the Premises are rendered un-tenantablewholly untenable by fire or other casualty, except if caused by Tenant's negligence, Tenant may, at its election, with written notice being given to Landlord within ninety (90) days after the date of such casualty, terminate this Lease as of the day of damage. (f) If the Premises are tendered untenable but Tenant elects not to terminate the Lease, except if caused by Tenant's negligence, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Rent shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premisesloss of use of the Premises by Tenant until Substantial Completion. (g) If the Premises or any portion of the Property be damaged by fire or other casualty resulting from the fault or negligence of Tenant or any of Tenant's agents, employees, licensees, or invitees, the Rent hereunder shall not be diminished, and such part so injured regardless of whether this Lease is terminated, Tenant shall be restored by liable to Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose cost of inspecting the repair and restoration of the Premises and all buildings other parts of the Property, to the extent such cost and improvements thereon. And for expenses exceed the purposes amount of making insurance proceeds actually received by Landlord, and Landlord shall retain all other rights and remedies that Landlord may have at law, in equity or pursuant to the Lease. (h) Anything in this Lease to the contrary notwithstanding, if more than fifteen percent (15%) of the Premises are damaged by fire or other casualty or if all or any repairsportion of the Premises is damaged by fire or other casualty during the last year of the term (excluding any renewal terms, additions unless such fire or alterations as may casualty occurs during a renewal term) of this Lease, then Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within the later to occur of ninety (90) days after the date of receipt by Landlord of Tenant's notice or within ninety (90) days after the date of such casualty. (i) In any event, proceeds from any insurance loss shall be deemed appropriate by paid to Landlord for the preservation repair and replacement of the Premises or the building. Landlord and its agents shall further have the right to exhibit improvements erected upon the Premises and to display for any unpaid rents due under the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right In any event, Landlord shall not be liable to Tenant in any manner whatsoever for any loss sustained as a result of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform any damage to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In 12.1 If at any time during the event term of this Lease, the Premises are or any substantial portion of the Warehouse or Technology Center shall be damaged or destroyed or rendered wholly un-tenantable by fire, storm, earthquake, fire or other casualty not caused by the negligence of Tenantcasualty, this Agreement then LESSOR shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by repair and between Landlord and Tenant up to the time of such injury or destruction of reconstruct the Premises, Tenant paying rentals up Warehouse and Technology Center to the condition in which they existed immediately prior to such date and Landlord refunding rentals collected beyond such date. Should a portion damage or destruction, provided however that LESSOR may terminate this Lease by notice to LESSEE within 30 days after LESSOR’S receipt of the Premises thereby be rendered un-tenantablefirst offer from its insurer or within 60 days after the date of the loss, whichever occurs sooner, if the Landlord shall have insurance proceeds from the option loss, plus the deductible provided in the fire insurance policy, equal less than 95% of either repairing such injured or damaged portion or terminating this Leasecost of the repair and reconstruction. In the event that Landlord exercises its right to repair any such un-tenantable portioncircumstances, the rental shall ▇▇▇▇▇ proportionately during the period and to the extent that the Premises are unfit for use by LESSEE in the proportion ordinary conduct of its business. If LESSOR is required or has elected to repair and restore the Premises, this Lease shall continue in full force and effect and such repairs will be made within a reasonable time thereafter, subject to delays arising from shortages of labor or material, acts of God, war or other conditions beyond LESSOR’S reasonable control. In the event that this Lease is terminated as herein permitted, LESSOR shall refund to LESSEE the injured parts bears prepaid rent (unaccrued as of the date of damage or destruction) less any sum then owing LESSOR by LESSEE. If LESSOR has elected to repair and reconstruct the Premises, then the Lease term shall be extended by a period of time equal to the whole period of such repair and reconstruction. 12.2 Should the annual premiums paid by LESSOR exceed the standard rates because LESSEE’S operations, contents of the Premises, or improvements with respect to the Premises beyond building standard, result in extra-hazardous exposure, LESSEE shall promptly pay the excess amount of the premium upon request by LESSOR. 12.3 LESSEE shall maintain at its expense fire and such part so injured shall extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Premises and on all additions and improvements made by LESSEE not required to be restored insured by Landlord as speedily as practicableLESSOR. 12.4 LESSOR and LESSEE each hereby waives any and all rights or recovery, after which claim, action or cause of action against the full rent shall recommence and other for any loss to the Agreement continue according to its terms. It is the sole responsibility Warehouse or Technology Center, or any improvements thereto or any personal property of tenant to properly insure personal items from loss due to floodeither party therein, by reason of fire, storm, theft, earthquakethe elements, or any other unnatural cause which is insured against by the terms of standard fire and extended coverage insurance policies regardless of cause or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairsorigin, additions or alterations as may be deemed appropriate by Landlord for the preservation including negligence of the Premises other party hereto, its agents, officers or the building. Landlord employees, and its agents covenants that no insurer shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at hold any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessubrogation against such other party.

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

DAMAGE TO PREMISES. In the event that the Premises premises are destroyed totally destroyed, or rendered wholly un-tenantable so damaged by fire, storm, earthquake, fire or other casualty not caused by occurring through the fault or negligence of Tenant, its employees, agents or business invitees, that the same, in the reasonable opinion of Landlord cannot be repaired and restored within a period of nine (9) months, this Agreement Lease shall absolutely cease and terminate from such time except for and the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein Rent shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction apportioned as of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall casualty and ▇▇▇▇▇ for the balance of the term. Landlord shall serve notice upon Tenant within thirty (30) calendar days after the casualty as to whether the premises can and will in fact be repaired and restored within the nine (9) months period. If the damage, caused as above, be only partial or such that the premises can in the proportion reasonable opinion of the Landlord, be restored to their present condition within a period of nine (9) months, Landlord agrees with reasonable promptness to restore the same, reserving the right to enter upon the premises for that purpose. Landlord also reserves the injured parts bears right to enter upon the whole Premisespremises whenever necessary to repair damaged caused by fire or other casualty to Tenant's Building, and even though the effect of such entry would be to render the premises or a part so injured thereof untenantable. In either event, the Rent shall be restored by apportioned and/or suspended during the time Landlord as speedily as practicableis in possession, after which taking into account the full rent shall recommence portion of the premises rendered untenantable the duration of Landlord's possession and the Agreement continue according interference with the Tenant's business. In the event Landlord undertakes to its termsmake repairs to or to restore the premises, Landlord shall not be obligated to restore or replace property owned by Tenant including, but not limited to, furniture, fixtures, improvements, inventory, equipment, etc., unless damage is caused by the gross negligence of the Landlord. It is If such damage results from the sole responsibility negligent act or omission of tenant Tenant or Tenant's employees or agents, Tenant shall not be entitled to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, any abatement or any other unnatural or natural disasterreduction of the rent. 11. INSPECTION OF PREMISES. Landlord and Landlord's agents Alterations Tenant shall have the right at all reasonable times during with Landlord's prior consent in writing to make changes or alterations in the term of this Agreement and building located on the Premises, or to construct improvements on the Premises; provided, however, that Tenant shall not make any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairsalterations, additions or alterations as may be deemed appropriate by Landlord for deletions to the preservation building located on the Premises if such alteration, addition or deletion shall (i) convert the building located on the Premises to a structure which is not a complete, self-contained operating unit; (ii) diminish or reduce the parking area of the Premises below that required by local ordinances. Notwithstanding the foregoing, Tenant may make such structural changes, alternations, additions or deletions as are approved in advance and in writing by Landlord, which approval may not be unreasonably withheld or delayed. If Landlord fails to respond within thirty (30) calendar days to any request submitted by Tenant under this Section 11, such request shall be deemed approved by Landlord. If Landlord shall consent, all alterations, including but not limited to, electrical and plumbing installations installed or made by Tenant shall, at Landlord's option, belong to Landlord except Tenant's trade fixtures, and the following: Custom walk-in Freezer/Cooler, Cash Registers, Checkout Counters, Shelving, Overhead Lighting, Alarm Systems and other improvements/equipment not permanently attached by Tenant to the building. Landlord All damage to the building as a result of Tenant's removal of such improvements/equipment etc. shall be repaired promptly by Tenant and its agents shall further have at Landlord's satisfaction, with due observance of the right to exhibit stipulation in article 15. Improvements within a maximum range of US$ 25.000,00 will not require the prior consent of Landlord. 12. Utilities 12.1 Generally All heat, light, power, water, sewerage, trash removal, and other utilities and utility services used in, on or about the Premises shall be paid for by Tenant and to display the usual "shall be contracted for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesby Tenant in its own name.

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

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

DAMAGE TO PREMISES. In the event It is understood and agreed that, notwithstanding any other provision of this Lease, should the Premises are at any time be partially or wholly destroyed or rendered wholly un-tenantable damaged by fire, storm, earthquake, any cause whatsoever or other casualty not caused should demolition of the Premises be necessitated thereby or should the Premises become unfit for occupancy by the negligence Tenant: (a) Subject as hereinafter provided in this Section 10.1, the Landlord shall, to the extent of the insurance proceeds available for reconstruction and actually received by the Landlord from its insurers following an election by the Mortgagee to apply all or any portion of such insurance proceeds against the debt owing to the Mortgagee, expeditiously reconstruct the Premises in accordance with the Landlord's obligations to repair under the provisions of Section 6.4 hereof. Upon substantial completion of the Landlord's work, the Landlord shall notify the Tenant, this Agreement and the Tenant shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by forthwith commence and between Landlord expeditiously complete reconstruction and Tenant up to the time of such injury or destruction repair of the Premises, Tenant paying rentals up Leasehold Improvements and Trade Fixtures in accordance with the Tenant's obligations to repair under the provisions of Section 6.2 hereof; (b) Rent shall not ▇▇▇▇▇ unless the Premises are rendered wholly or partially unfit for occupancy by such date occurrence and Landlord refunding rentals collected beyond in such date. Should a portion event Rent, as of the Premises thereby be rendered un-tenantable, the Landlord shall have the option date of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental occurrence shall ▇▇▇▇▇ proportionately as to the portion of the Premises rendered unfit for occupancy, until thirty (30) days following receipt by the Tenant of the Landlord's notice given to the Tenant as provided in Subsection 10.1(a) hereof, at which time Rent shall recommence; (c) If, in the proportion that opinion of the injured parts bears Architect, such opinion to be given to the whole Landlord and the Tenant within thirty (30) days of the date of such damage, the Premises cannot be repaired and made fit for occupancy within one hundred and eighty (180) days next following any occurrence, or if either: (i) thirty percent (30%) or more of the Office Premises; or (ii) thirty percent (30%) [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. or more of the Warehouse Premises, are damaged or destroyed, the Landlord may, by written notice to the Tenant within thirty (30) days of receipt of such opinion of the Architect, terminate this Lease and Rent shall cease and be adjusted as of the date of such part so injured shall be restored by Landlord as speedily as practicableoccurrence, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents Tenant shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting immediately vacate the Premises and all buildings and improvements thereon. And surrender same to the Landlord; and (d) In no event, including termination of this Lease in accordance with the provisions of Subsection 10.1(c) hereof, shall the Landlord be liable to reimburse the Tenant for the purposes damage to, or replacement or repair of making any repairsLeasehold Improvements, additions Trade Fixtures or alterations as may be deemed appropriate by Landlord for the preservation any of the Tenant's property. (e) Provided the damage and destruction to the Office Premises or the building. Landlord Warehouse Premises is not due to the Tenant’s negligence or the Tenant’s Parties negligence, and its agents shall further have the right to exhibit Tenant is Fluidigm Canada Inc., then: (i) if: [*****] or more of the Rentable Area of either the Office Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Warehouse Premises is at any time damaged or destroyed and the damaged or destroyed area specifically includes [*****]; and (ii) in the opinion of the Architect, the Office Premises or Warehouse Premises cannot be repaired with reasonable diligence within forty- five (45) days before [*****] of receipt of permits to repair such damage or destruction, then, the expiration Tenant may, at its option, [*****]. If in the opinion of this Lease. The right the Architect, the Office Premises or Warehouse Premises can be repaired with reasonable diligence within [*****] of entry shall likewise exist for receipt of permits to repair such damage or destruction, [*****], the purpose of removing placardsTenant may, signsat its option, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises[*****].

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

DAMAGE TO PREMISES. In Subject to the event provisions of Section 14.4 hereof, if at any time during the Premises are destroyed Term or rendered wholly un-tenantable by firethe Option Periods, stormthe building located on the Premises, earthquakeor any part thereof, or other improvements located on the Premises shall be damaged or destroyed by fire or other casualty not caused against which Tenant is required by the negligence terms of this Lease to maintain insurance, Tenant (or any party acting on behalf of Tenant) may, this Agreement shall terminate from such at is election, proceed with due diligence (subject to reasonable time except allowance for the purpose of enforcing rights that may have then accrued hereunder. The rental adjusting the insurance loss or force majeure, as defined in Section 21.12 hereof, and provided for herein shall then be accounted for by Tenant complies with all of the terms and between Landlord and Tenant up conditions of this Lease) to repair, replace or rebuild said damaged improvements or damaged building to the time character and condition existing prior to such damage or destruction including only such variations and alterations as may be approved by Landlord in writing prior to commencement of such injury repair, replacement or destruction rebuilding and subject to any other restrictions contained in this Lease, if any ("Restoration Work"); provided that if, on or before that date which is three hundred sixty-five days after the date of the damage or destruction, Tenant has not completed, or is not in the process of, and diligently proceeding to, rebuild the Premises, or if Tenant paying rentals up thereafter fails to diligently proceed to complete such date and rebuilding, then Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five thereafter (45but prior to commencement of such rebuilding) to terminate this Lease on thirty (30) days before notice to Tenant and on the expiration of such notice this LeaseLease shall terminate and neither the party shall have any further liability hereunder except as provided in Section 14.4 hereof. The right Notwithstanding anything to the contrary contained herein, Tenant shall ensure that any damaged or destroyed building and improvements are put into a safe, sightly and secure condition, including any necessary razing and removing of entry debris as soon as reasonably possible, and in no event later than one hundred eighty (180) days after the date of such damage or destruction. (a) If Tenant elects to restore the building and improvements, all insurance proceeds payable to Landlord, Tenant or any fee mortgagee at any time, as a result of casualty to the building or improvements, shall likewise exist be paid directly to Tenant, in trust, to be applied for the purpose of removing placardsRestoration Work. Such funds shall be used only for such purposes until the Restoration Work is completed and any excess proceeds shall be retained by Tenant. (b) Landlord shall cooperate fully with Tenant in order to recover the largest possible insurance award and execute any and all reasonably required consents and other instruments, signs, fixtures, alterations and take all other reasonably required actions necessary or additions, but do not conform desirable in order to this Agreement or effectuate same and to any restrictions, rules or regulations affecting the Premisescause such proceeds to be paid as hereinbefore provided.

DAMAGE TO PREMISES. In the event It is understood and agreed that, notwithstanding any other provision of this Lease, should the Premises are at any time be partially or wholly destroyed or rendered wholly un-tenantable damaged by fire, storm, earthquake, any cause whatsoever or other casualty not caused should demolition of the Premises be necessitated thereby or should the Premises become unfit for occupancy by the negligence Tenant: (a) Subject as hereinafter provided in this Section 10.1, the Landlord shall, to the extent of the insurance proceeds available for reconstruction and actually received by the Landlord from its insurers following an election by the Mortgagee to apply all or any portion of such insurance proceeds against the debt owing to the Mortgagee, expeditiously reconstruct the Premises in accordance with the Landlord's obligations to repair under the provisions of Section 6.4 hereof. Upon substantial completion of the Landlord's work, the Landlord shall notify the Tenant, this Agreement and the Tenant shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by forthwith commence and between Landlord expeditiously complete reconstruction and Tenant up to the time of such injury or destruction repair of the Premises, Tenant paying rentals up Leasehold Improvements and Trade Fixtures in accordance with the Tenant's obligations to repair under the provisions of Section 6.2 hereof; (b) Rent shall not ▇▇▇▇▇ unless the Premises are rendered wholly or partially unfit for occupancy by such date occurrence and Landlord refunding rentals collected beyond in such date. Should a portion event Rent, as of the Premises thereby be rendered un-tenantable, the Landlord shall have the option date of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental occurrence shall ▇▇▇▇▇ proportionately as to the portion of the Premises rendered unfit for occupancy, until thirty (30) days following receipt by the Tenant of the Landlord's notice given to the Tenant as provided in Subsection 10.1(a) hereof, at which time Rent shall recommence; (c) If, in the proportion that opinion of the injured parts bears Architect, such opinion to be given to the whole PremisesLandlord and the Tenant within thirty (30) days of the date of such damage, the Premises cannot be repaired and made fit for occupancy within one hundred and eighty (180) days next following any occurrence, or if thirty per cent (30%) or more of the Premises are damaged or destroyed, the Landlord may, by written notice to the Tenant within thirty (30) days of receipt of such opinion of the Architect, terminate this Lease and Rent shall cease and be adjusted as of the date of such occurrence, and such part so injured the Tenant shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting immediately vacate the Premises and all buildings and improvements thereon. And surrender same to the Landlord; and (d) In no event, including termination of this Lease in accordance with the provisions of Subsection 10.1(c) hereof, shall the Landlord be liable to reimburse the Tenant for the purposes damage to, or replacement or repair of making any repairsLeasehold Improvements, additions Trade Fixtures or alterations as may be deemed appropriate by Landlord for the preservation any of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesTenant's property.

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

DAMAGE TO PREMISES. In (a) Subject to Section 11.03, if the event premises are Damaged and the repair can, in the opinion of the Architect, be Substantially Completed under Applicable Laws within one hundred and eighty (180) days from the date of such Damage (employing normal construction methods without overtime or other premiums), the Landlord will, to the extent the Damage results from a peril against which the Landlord is required to insure or otherwise insures, promptly repair or reconstruct the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time extent of such injury its’ obligations under Section 2.01 of Schedule “C”. If part or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion all of the Premises thereby be rendered un-tenantableis not Usable because of the Damage, then except where the Landlord’s Work and Tenant’s Work (as defined below in this Section 11.02(a)) take less than ten (10) days to complete after the date of the Damage (in which case no Rent abatement shall occur), the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall Basic Rent (but not Additional Rent) will ▇▇▇▇▇ in the proportion that the injured parts bears Rentable Area of that part of the Premises which is not Usable (as determined by the Architect) is to the Rentable Area of the whole of the Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which from the full rent shall recommence and date of the Agreement continue according to its terms. It Damage until the earlier of (i) the date when the whole of the Premises is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquakeUsable again, or any other unnatural or natural disaster(ii) thirty (30) days after Substantial Completion of the Landlord’s Work. INSPECTION OF PREMISES. When the Landlord and notifies the Tenant that it has completed enough of the Landlord's agents shall have ’s Work to enable the right at Tenant to start its work, the Tenant will diligently perform all reasonable times during repairs to the term Premises which are its responsibility under Section 10.01 of this Agreement Lease and any renewal thereof all other work required to enter fully restore the Premises for use in the purpose Tenants business (including, without limitation, the work described in Section 3.02 of inspecting Schedule “C” but excluding Landlord’s Work)(the “Tenants Work”) and will reopen the whole of the Premises for business as soon as possible but in any event within thirty (30) days after the Landlord’s notice. All of the provisions of Schedule “C” will apply except for any fixturing period or rent free period and all buildings and improvements thereon. And for no capital allowance, inducement to lease, or other payment that was made to the purposes of making any repairsTenant at the time of, additions or alterations as may be deemed appropriate by Landlord for in connection with the preservation original construction of the Premises or the building. Tenants Leasehold Improvements will be paid by the Landlord and its agents shall further have to the right Tenant. (b) Subject to exhibit Section 11.03, if the Premises are Damaged and to display the usual "for sale"repair cannot, "for rent" or "vacancy" signs on in the Premises at any time opinion of the Architect, be Substantially Completed under Applicable Laws within forty- five one hundred and eighty (45180) days before from the expiration date of such Damage (employing normal construction method without overtime or other premiums), then either the Landlord or the Tenant may, by written notice provided to the other within thirty (30) days after receipt of the Architect’s opinion, terminate this Lease on a date to be effective no later than thirty (30) days after delivery of such notice. All Rent will ▇▇▇▇▇ as of the effective date of termination and the Tenant will have no claim, action or demand against the Landlord as a result of or arising from any such early termination of this Lease. The Notwithstanding the foregoing, the Tenant shall not be entitled to exercise its right of entry shall likewise exist termination set out in this Section 11.02(b) if the Damage resulted from or was occasioned by any act, misconduct, negligence, or omission of the Tenant, its officers, servants, employees, contractors, invitees, licensees or Persons for whom the purpose of removing placards, signs, fixtures, alterations Tenant is responsible at law or additions, but do not conform over whom the Tenant may be reasonably considered to this Agreement or to any restrictions, rules or regulations affecting the Premisesexercise control.

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

DAMAGE TO PREMISES. In If the event building in which the Premises are destroyed or rendered wholly un-tenantable located is damaged by fire, storm, earthquake, fire or other casualty not caused by the negligence of Tenantcasualty, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up Williams ▇▇▇▇▇ ▇▇ve notice to the time CTC of such injury damage as quickly as practicable under the circumstances. If a Landlord or Williams ▇▇▇▇▇▇▇▇s an option to terminate a particular Lease due to damage or destruction of the Premises, Tenant paying rentals up Premises subject to such date Lease, or if Williams ▇▇▇▇▇▇▇ not to rebuild such building or portion thereof in which the Rack Space is located, the POP Collocation Service and Landlord refunding rentals collected beyond such date. Should a portion license granted hereunder or under the relevant Collocation Service Order(s) shall terminate as of the Premises thereby date of such exercise or decision as to the affected Rack Space and the service fees paid by CTC shall be rendered un-tenantable, modified accordingly. If neither the Landlord shall have of the option of either repairing such injured or damaged portion or terminating this Leaseaffected Premises nor Williams ▇▇▇▇▇▇▇▇s the right to terminate, Williams ▇▇▇▇▇ ▇▇pair the particular Rack Space to substantially the same condition it was in prior to the damage, completing the same with reasonable speed. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall Williams ▇▇▇▇▇ ▇▇il to complete the repair within a reasonable time period, CTC shall thereupon have the option to terminate relevant POP Collocation Services with respect to the affected Rack Space, which option shall be the sole remedy available to CTC against Williams ▇▇▇▇▇ ▇▇is Exhibit relating to such failure. If the Rack Space or any portion thereof shall be rendered unusable by reason of such damage, the service fees for such Rack Space shall proportionately abate, ba▇▇▇ ▇n the amount of square footage which is rendered unusable, for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Rack Space rendered unusable. 13. Conduct in Rack Space & Premises: CTC shall abide by Williams' ▇▇▇ ▇▇▇licable Landlord's rules with regard to conduct in the proportion that Premises of which it has been made aware by either Landlord or Williams. ▇▇▇▇ ▇ules include, but are not limited to, a prohibition against smoking in the injured parts bears Rack Space or the Premises by CTC's employees, agents, representatives, contractors, subcontractors, invitees or licensees. Further, CTC shall maintain the Rack Space in a safe condition, including but not limited to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which preclusion of storing combustible materials in the full rent shall recommence and the Agreement continue according to its termsRack Space. It is the sole responsibility Expiration of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises Collocation Service Term for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesShort-Term Rack Spaces.* *THIS PORTION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION

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

DAMAGE TO PREMISES. In the event If the Premises are at any time destroyed or rendered wholly un-tenantable by fire, storm, earthquake, damaged as a result of fire or any other casualty required to be insured against by the Landlord under this Lease or otherwise insured against by the Landlord and not caused or contributed to by the negligence of Tenant, this Agreement then the following provisions shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of apply: (a) if the Premises thereby be are rendered un-tenantableuntenantable only in part, the Landlord shall have diligently repair the option Premises to the extent only of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental obligations under Section 5.01 and Net Rent shall ▇▇▇▇▇ proportionately to the portion of the Premises rendered untenantable from the date of destruction or damage until the Landlord’s repairs have been completed; (b) if the Premises are rendered wholly untenantable, the Landlord shall diligently repair the Premises to the extent only of its obligations pursuant to Section 5.01 and Net Rent shall ▇▇▇▇▇ entirely from the date of destruction or damage until the Landlord’s repairs have been completed; (c) if the Premises are not rendered untenantable in whole or in part, the proportion Landlord shall diligently perform such repairs to the Premises to the extent only of its obligations under Section 5.01, but in such circumstances Net Rent shall not terminate or ▇▇▇▇▇; HSBC Office Master Mar 2012 SIERRA ONCOLOGY-HSBC 2150-MAY 2 2017/LT (d) upon being notified by the Landlord that the injured parts bears Landlord’s repairs have been substantially completed, the Tenant shall diligently perform all repairs to the whole PremisesPremises which are the Tenant’s responsibility under Section 5.02, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according all other work required to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter fully restore the Premises for use in the purpose of inspecting Tenant’s business, in every case at the Premises Tenant’s cost and all buildings and improvements thereon. And for without any contribution to such cost by the purposes of making any repairsLandlord, additions whether or alterations as may be deemed appropriate by not the Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises has at any time within forty- five (45) days before made any contribution to the expiration cost of this Lease. The right supply, installation or construction of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting Leasehold Improvements in the Premises; (e) nothing in this Section shall require the Landlord to rebuild the Premises in the condition which existed before any such damage or destruction so long as the Premises as rebuilt will have reasonably similar facilities to those in the Premises prior to such damage or destruction, having regard, however, to the age of the Building at such time; and (f) nothing in this Section shall require the Landlord to undertake any repairs having a cost in excess of the insurance proceeds actually received by the Landlord with respect to such damage or destruction.

DAMAGE TO PREMISES. In If during the event term hereby granted the Premises are premises shall be destroyed by or rendered wholly un-tenantable damaged by fire, storm, earthquake, lightning or tempest or other casualty not caused so as to render them wholly unfit for the purposes for which they were leased to the Tenant(s), and if they shall be incapable of being rebuilt or repaired with reasonable diligence within two weeks of the happening of such destruction or damage, and upon such notice being given to the Landlord or received by the negligence Tenant(s), the Tenant(s) shall immediately surrender the premises and all his interest in this Lease to the Landlord and rent shall be apportioned and payable by the Tenant(s) only to the date of such destruction or damage and any rent which has been paid in respect of the period subsequent to the date of such destruction or damage shall be repaid to the Tenant, and the Landlord may re-enter and repossess the premises discharged of this Agreement Lease, if within the said period of five days neither the Landlord nor the Tenant shall terminate from have given notice terminating this Lease as aforesaid, or if within such time except for period the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up shall have agreed not to give such notice, then upon the time of such injury or destruction expiration of the Premises, said period of five days or upon such earlier agreement by the Landlord and the Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have with all reasonable speed rebuild or repair the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portionpremises, the rental and rent shall ▇▇▇▇▇ in from the proportion date of such destruction or damage until the premises have been rebuilt or repaired; PROVIDED HOWEVER, that if the injured parts bears premises are so slightly damaged as to the whole Premises, be fit for partial occupancy and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises use for the purpose of inspecting the Premises Tenant, as to which the Tenant shall be the judge, then the Landlord shall repair the premises with all reasonable speed and all buildings and improvements thereon. And for until the purposes of making any repairsrepairs have been completed the rent payable shall be reduced proportionately, additions or alterations as may be deemed appropriate by Landlord for the preservation that is, to that fraction of the Premises normal rent that the floor area of the usable or undamaged part of the building. Landlord and its agents shall further have premises is of the right to exhibit whole of the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisespremises.

DAMAGE TO PREMISES. In the event (a) If there is damage and/or destruction ("Damage") to the Premises are destroyed such as to render the whole or rendered wholly un-tenantable by fire, storm, earthquake, any part of the Premises unusable or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except inaccessible for the purpose of enforcing rights that may have then accrued hereunderTenant's use and occupancy thereof, Landlord shall deliver to Tenant within sixty (60) days following the occurrence of such Damage the Architect's written .opinion as to. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up whether or not the same is capable of being repaired, to the time extent of Landlord's repair obligations hereunder, within one hundred eighty (180) days following Landlord's receipt of all permits required for the repair or reconstruction of such injury Damage ("Actual Construction Time"), Landlord agreeing to act prudently and diligently in obtaining any such required permits. (b) If this Lease is not terminated as herein in this Article 12 provided, Landlord shall diligently proceed to perform such repairs to the Premises to the extent of its express obligations pursuant to Section 10.6 hereof and Tenant, commencing as soon as is practicable but without interfering with Landlord's repair$, shall diligently proceed to perform such repairs as are Tenant's responsibility pursuant hereto. In any event, within a reasonable period (having regard to the nature of Tenant's work) after Landlord has completed its repairs to the Premises to the point where Tenant could commence its repair work or destruction commence the conduct of business on the Premises, Tenant paying rentals up shall complete its repairs to the Premises and shall fully fixture the Premises and recommence the operation of Tenant's business as permitted and required pursuant hereto. (c) If: (i) in the Architect's opinion, the Premises are not capable of being repaired by Landlord as aforesaid within one hundred eighty (180) days of Actual Construction Time; or (ii) Intentionally Deleted; or (iii) such date Damage occurs within one (1) year prior to the expiry of the Tenn. and either there are no remaining rights in favor of any party hereto to extend or renew this Lease or any party hereto having the right to renew or extend this Lease fails to do so within fifteen (15) days of being requested to do so by the other party, following the occurrence of such Damage (it being acknowledged that any express notice provisions for same would thereby be waived), or (iv) the cost of repairing such Damage exceeds by fifty percent (50%) or more the amount of insurance proceeds made available to Landlord refunding rentals collected beyond therefore, or which would have been made available if Landlord would have complied with its obligations hereunder and for the purposes hereof deductible amounts shall be deemed to be insurance proceeds made available or which would have been made available to Landlord, then, (1) Landlord may elect, by written notice to Tenant, and, (2) in the case of subsection 12.2(c)(i) and (iii) above only, Tenant may elect, upon written notice to Landlord, in both cases within thirty (30) days after delivery by Landlord of the opinion provided for in subsection 12.2(a) above in the case of subsection 12.2(c)(i) above, or the determination of the applicable events in subsections 12.2(c)(iii) or (iv) above, as the case may be, to terminate this Lease, whereupon, in the event of any such date. Should a portion termination by either Landlord or Tenant, Tenant shall immediately surrender possession of the Premises thereby and Basic Rent and all other payments for which Tenant is liable pursuant hereto shall be rendered un-tenantableapportioned to the effective date of such termination, subject to the Landlord provision for abatement set forth in subsection 12.2 (d) below. (d) If the Damage is such as to render the whole or any part of the Premises unusable or inaccessible in whole or in part for the purpose of Tenant's use and occupancy, as permitted hereby, then the Rent payable hereunder shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇a▇▇▇▇ in the proportion that the injured parts bears to the whole Premisesextent that Tenant's use and occupancy of and/or ability to access the Premises is in fact thereby diminished, and such part so injured which determination shall be restored made by Landlord as speedily as practicablethe Architect, until the earlier of: (i) the one hundred twentieth (120th) day after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises are ready for the purpose of inspecting Tenant to commence its repairs to the Premises as determined by the Architect; and all buildings and improvements thereon. And for (ii) the purposes date on which Tenant first commences the conduct of making business in any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation part of the Premises or which had been Damaged following the building. Landlord and its agents shall further have date of the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration occurrence of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessuch Damage.

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

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

DAMAGE TO PREMISES. (a) In the event the Premises are shall be damaged or destroyed by fire or rendered wholly un-tenantable other casualty, Landlord may proceed as following: (i) provided that such damage is insured under the insurance coverages maintained under subsection 13(a) hereof, then, but only to the extent insurance proceeds have been actually paid to Landlord by firethe insurer(s) for such casualty, stormLandlord may promptly repair and/or restore the Premises to substantially the same condition in which they were immediately prior to the occurrence of such casualty (excluding Alterations made by Tenant, earthquakeTenant's trade fixtures, equipment and other items of Tenant's personal property), or (ii) terminate this Lease. Should Landlord elect to repair and/or restore the Premises, from the date of such casualty until the Premises are so repaired and/or restored, Base Rent shall abate in proportion to the portion of the Premises that has been ren▇▇▇▇▇ untenantable. (b) If Landlord elects to repair and/or restore the Premises as set forth in clause (a) immediately above and Landlord then determines, in its reasonable discretion (such determination to be made and Tenant to be notified within 30 days after Landlord's receipt of notice of the casualty damage, subject to insurance adjustments, mortgagee requirements, and other matters beyond Landlord's control), that the Premises cannot be substantially repaired within 180 days after the date of the damage or destruction, Landlord shall notify Tenant in writing, and, if Tenant will otherwise be unable to conduct its normal business operations during said 180 day period, Tenant shall have the right to terminate this Lease by providing written notice of termination within 30 days after the date of Landlord's notice or deemed notice (as provided in the next sentence). If Landlord fails to notify Tenant of Landlord's determination within the time period provided herein (subject to permitted delays as set forth above), Landlord shall be deemed to have notified Tenant that Landlord cannot substantially repair the Premises within 180 days after the date of the damage or destruction. (c) Notwithstanding any provision of this Lease to the contrary, if the Building is damaged during the last 12 months of the Term, so that the cost of repair and/or restoration shall be more than fifty percent (50%) of the fair market value of the Building immediately before such casualty, then either party shall have the right to terminate this Lease effective as of the date of such casualty, by giving to the other party hereto, within 30 days of the happening of such casualty, written notice of such termination, and upon termination, rent and all other charges shall abate as aforesaid from the happening of such casualty and Landlord ▇▇▇▇▇ promptly repay to Tenant any rent theretofore paid in advance which has not been earned at the date of such casualty. If this Lease is so terminated, insurance proceeds shall be distributed as set forth in subsection (e) below. (d) Notwithstanding any provision of this Lease to the contrary, if damage or destruction to the Premises, or any part thereof, is caused in whole or in part by the intentional act or the gross negligence of Tenant, its agents, servants, employees or contractors, Tenant shall not be entitled to terminate this Agreement Lease pursuant to this Section 12, nor shall Tenant be entitled to any rent abatement. (e) The proceeds under the all-risk insurance policies required to be maintained by Tenant pursuant to subsection 13(a) hereof on the Building and the other improvements on the Land shall belong to and be payable to and be the property of Landlord, and Tenant shall not have any interest in such proceeds. Tenant agrees to look to Tenant's all-risk insurance policies required to be carried by Tenant pursuant to subsection 13(b)(ii) hereof for restoration of Tenant's improvements, equipment, furnishings and Tenant's property in the Premises. In the event of termination of this Lease, for any reason following any damage or destruction, Tenant shall be responsible for any applicable deductibles and shall assign to Landlord or otherwise pay to Landlord upon Landlord's request, the proceeds of the all-risk insurance maintained by Tenant pursuant to subsection 13(a) hereof (unless such all-risk insurance is carried by Landlord pursuant to subsection 13(a)) and such other additional funds so that the total amount assigned and/or paid by Tenant to Landlord shall be sufficient to restore (whether or not any such restoration is to actually occur) the Building and such other insured improvements (excepting Tenant's property) existing therein immediately prior to such damage or destruction; provided, however, that Tenant shall not be obligated to pay Landlord any such additional funds (i.e., beyond the actual proceeds of insurance and any applicable deductibles) unless Tenant has failed to fulfill its obligations with respect to insurance coverages as set forth in subsection 13(a) of this Lease. Despite the foregoing, in the event (i) of any damage to the Premises by fire or other casualty, and (ii) neither Landlord nor Tenant has elected to terminate from this Lease as permitted hereunder, then, Landlord agrees to make the insurance proceeds that Landlord receives in connection with such time except damage to the Premises available for the purpose of enforcing rights restoring the Premises to the condition that may have then accrued hereunderexisted immediately prior to such fire or other casualty. The rental provided for herein shall then be accounted for by and between If after consultation Landlord and Tenant up agree that Tenant will perform the restoration work, then Landlord will make such insurance proceeds available to Tenant for restoration and the proceeds will be disbursed on such terms and conditions as Landlord, in the exercise of its prudent business judgment may determine, including retainage provisions. Unless Landlord carries the all-risk insurance pursuant to subsection 13(a) hereof, in the event the available casualty proceeds are insufficient to restore the Building and other improvements to the time of such injury condition that existed immediately prior to the fire or destruction of other casualty due to the Premisesfact that Tenant failed to carry the insurance coverage required by subsection 13(a) hereof, Tenant paying rentals shall make up the deficiency. Notwithstanding anything to such date and the contrary in this Section 12 or in any other provision of this Lease, any obligation (under this Lease or otherwise) of Landlord refunding rentals collected beyond such date. Should a to make insurance proceeds available or restore all or any portion of the Building and other improvements on the Land shall be subject to Landlord's receipt of approval of the same by the mortgagee(s) of Landlord who hold mortgages on the Premises thereby be rendered un(and any other approvals required by applicable laws), as well as receipt from any such mortgagee(s) of such all-tenantablerisk insurance policy proceeds as may have been assigned to any such mortgagee; it being agreed that if Landlord has not received such approval(s) and proceeds within 90 days after any such casualty, the then Landlord shall have the option of either repairing such injured or damaged portion or terminating to terminate this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Leasethereafter, upon written notice to Tenant. The right of entry Landlord shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to notify Tenant if any restrictions, rules or regulations affecting the Premisessuch delay occurs.

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

DAMAGE TO PREMISES. In the event If the Premises are hereafter damaged or destroyed or rendered wholly un-tenantable partially untenantable for their customary use by fire, storm, earthquake, fire or other casualty not caused casualty, Landlord shall apply any insurance proceeds, or, in its sole discretion, cause Tenant to apply the proceeds of insurance described in Article XI of this Lease to promptly repair the same to substantially the same condition which they were in immediately prior to the happening of such casualty, including all floor coverings, wall coverings, drapes and equipment required by this Lease to be insured by the negligence Tenant. From the date of such casualty until the Premises are so repaired and restored unless delayed by action of the Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Minimum Monthly Rent payments payable hereunder shall ▇▇▇▇▇ for the Tenant in the proportion that the injured parts bears to the whole Premisespart of Premises occupied by the Tenant destroyed or rendered untenantable. The Landlord shall not be obligated to repair and restore the Premises if such casualty is caused directly or indirectly by the negligence or intentional act of Tenant, its agents, and such part so injured shall be restored by Landlord as speedily as practicableemployees, after which the full rent shall recommence and the Agreement continue according Landlord shall not be required to its termsexpend for such repair or restoration any amount in excess of the insurance proceeds recovered as a result of such damage. It is However, if the sole responsibility of tenant to properly insure personal items from loss due to floodPremises be damaged, fire, storm, theft, earthquakedestroyed, or any other unnatural rendered untenantable for their accustomed uses to the extent of more than 50% of the cost to replace or natural disaster. INSPECTION OF PREMISES. restore the entire Premises during or after the last five years of the original term of this Lease, then Landlord and Landlord's agents shall have the right at all reasonable times during to terminate this Lease effective as of the term date of this Agreement such casualty by giving to Tenant, within 60 days after the happening of such casualty, written notice of, such termination. If such notice is not given and any renewal thereof Landlord is required or elects to enter repair or restore the Premises as herein provided, then Tenant shall promptly repair or replace its~ leasehold improvements, stock in trade, fixtures, furnishings, furniture, carpeting, wall coverings, floor coverings, drapes and equipment to the same condition as they were in immediately prior to the casualty, and if Tenant has closed its business, Tenant shall promptly reopen for business upon the purpose completion of inspecting the Premises and all buildings and improvements thereonsuch repairs. And Tenant shall reimburse Landlord for the purposes of making any repairs, additions or alterations as may be deemed appropriate cost incurred by Landlord for in connection with any casualty to the preservation of Premises, which are not otherwise covered by the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration insurance described in Article XI of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. A. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees arising in whole or in part from Tenant's failure to implement Sound Farming and Conservation Practices (hereinafter collectively referred to as "Damage"), Tenant paying rentals up shall, at Tenant's sole cost and expense, promptly repair such Damage. All determinations as to whether Tenant has implemented Sound Farming and Conservation practices shall be made by Landlord in consultation with NRCS or the appropriate Soil Conservation District on the basis of Tenant's Farm Conservation Plan. If there is no approved plan, Landlord shall make this determination in consultation with NRCS or the appropriate Soil Conservation District. If Landlord determines that such date and Damage should not be repaired, Tenant shall be responsible to Landlord refunding rentals collected beyond such date. Should a portion for the diminution in value of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeasePremises. In the event that Tenant, after receipt of a written notice from Landlord exercises its right describing Tenant's failure to repair such un-tenantable portioncomply with Tenant's obligations under this Paragraph, fails to commence and substantially correct the rental shall ▇▇▇▇▇ conditions described in the proportion that the injured parts bears to the whole Premisessaid notice, and such part so injured shall be restored Landlord may, upon being notified by Landlord as speedily as practicablethat Tenant is in violation of the terms and conditions of the Lease, after which the full rent shall recommence and the Agreement continue according to terminate this Lease or, in its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flooddiscretion, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting upon the Premises and perform such work as Landlord determines is necessary to correct said conditions. Tenant shall, after written demand therefor by Landlord, reimburse Landlord for all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate costs incurred by Landlord in performance of such work. Landlord shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the preservation damage or destruction of the Premises and/or any Improvements thereon. This Lease shall not be construed to require or the building. obligate Landlord and its agents shall further have the right to exhibit cause any Damage to the Premises and to display be repaired for the usual "for sale", "for rent" or "vacancy" signs on benefit of Tenant. B. All repairs by Tenant of Damage to the Premises at and/or any time within forty- five (45) days before other State property comprising part of the expiration of this LeaseState Park shall be completed in accordance with plans and specifications submitted to and approved by Landlord. The right of entry parties shall likewise exist for comply with all the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform requirements and procedures set forth in Paragraph 9 hereof to this Agreement or to any restrictions, rules or regulations affecting the Premisessame extent as though the repair is an Improvement.

DAMAGE TO PREMISES. In 21.1 If the event Improvements are damaged or destroyed by reason of fire or any other cause, Tenant shall immediately notify Landlord. If the Premises are destroyed or rendered wholly un-tenantable loss results from a casualty covered by fireLandlord's insurance, stormprovided Tenant is not in default, earthquake, Landlord shall apply the net proceeds of any fire or other casualty insurance paid to Landlord (or to a trustee or depository at the request of the holder of Landlord's mortgage), to repair or rebuild the Improvements. Provided Tenant is not caused in default, if the loss results from a casualty not insured against by Landlord's insurance and not attributable to Tenant's negligence or other fault and the negligence estimated costs of Tenantrepair do not exceed fifty percent (50%) of the sum of Base Rent due for the remainder of the lease term, Landlord shall repair or rebuild the Improvements, in each case so as to make the Improvements at least equal in value to the Improvements existing immediately prior to the occurrence and as nearly similar in character as is practicable and reasonable, subject to any applicable building regulations. Landlord shall prosecute the repairs or rebuilding to completion with diligence; subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, and other causes beyond Landlord's reasonable control. 21.2 If (a) at any time during the last two (2) years of the term of this lease the Improvements are damaged by fire or other insured casualty so that the cost of restoration exceeds twenty-five percent (25 %) of the replacement value of the Improvements (exclusive of foundations) immediately prior to the damage or (b) in Landlord's reasonable judgment, repair or restoration after any insured casualty cannot be completed by one (1) year prior to the end of the lease term or (c) a loss exceeding fifty percent (50%) of the sum of Base Rent due for the remainder of the lease term results from a casualty not insured against by Landlord's insurance, then Landlor▇ ▇▇▇, ▇ithin thirty (30) days after such damage, give notice of its election to terminate this lease and, subject to the provisions of this section, this Agreement lease shall terminate from such time except for cease on the purpose tenth (10th) day after the delivery of enforcing rights that may have then accrued hereundernotice. The rental provided for herein Total Payments shall then be accounted for by apportioned and between Landlord and Tenant up paid to the time of damage. 21.3 Total Payments shall be abated on a pro rata basis from the date of the damage until the date of the completion of such injury repairs, based on the proportion of the Premises that Tenant is unable to use during the repair period. If any casualty not covered by rental value insurance is the result of the willful conduct or destruction negligent act or omission of Tenant, its agents, contractors, employees, or invitees, Total Payments shall not be abated. Tenant shall have no right to terminate this lease on account of any damage to the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale"Project, "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of except as set forth in this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premiseslease.

DAMAGE TO PREMISES. In the event (a) If there is damage and/or destruction (“Damage”) to the Premises are destroyed such as to render the whole or rendered wholly un-tenantable by fire, storm, earthquake, any part of the Premises unusable or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except inaccessible for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein Tenant’s use and occupancy thereof, Landlord shall then be accounted for by and between Landlord and deliver to Tenant up within thirty (30) days following the occurrence of such Damage the Architect’s written opinion as to whether or not the same is capable of being repaired, to the time extent of Landlord’s repair obligations hereunder, within one hundred eighty (180) days following Landlord’s receipt of all permits required for the repair or reconstruction of such injury Damage (“Actual Construction Time”), Landlord agreeing to act prudently and diligently in obtaining any such required permits. (b) If this Lease is not terminated as herein in this Article 12 provided, Landlord shall diligently proceed to perform such repairs to the Premises to the extent of its express obligations pursuant to Section 10.6 hereof and otherwise so as to provide the Tenant with a “base-building shell” and Tenant, commencing as soon as is practicable but without interfering with Landlord’s repairs, shall diligently proceed to perform such repairs as are Tenant’s responsibility pursuant hereto. In any event, within a reasonable period (having regard to the nature of Tenant’s work) after Landlord has completed its repairs to the Premises to the point where Tenant could commence its repair work or destruction commence the conduct of business on the Premises, Tenant paying rentals up shall complete its repairs to the Premises and shall fully fixture the Premises and recommence the operation of Tenant’s business as permitted and required pursuant hereto. (c) If: (i) in the Architect’s opinion, the Premises are not capable of being repaired by Landlord as aforesaid within one hundred eighty (180) days of Actual Construction Time; or (ii) Intentionally Deleted; or (iii) in the Architect’s opinion, the Premises are not capable of being repaired by Landlord as aforesaid within sixty (60) days of Actual Construction Time and such date Damage occurs within one (1) year prior to the expiry of the Term and either there are no remaining rights in favour of any party hereto to extend or renew this Lease or any party hereto having the right to renew or extend this Lease fails to do so within fifteen (15) days following the occurrence of such Damage (it being acknowledged that any express notice provisions for same would thereby be waived); or (iv) the cost of repairing such Damage exceeds: (a) by twenty five percent (25%) or more the amount of insurance proceeds made available to Landlord refunding rentals collected beyond therefore; and (b) one million dollars ($1,000,000.00); (1) Landlord may elect, by written notice to Tenant, and (2) Tenant may elect, upon written notice to Landlord, in the case of subsection 12.2(c)(i) and (iii) above only, in both cases within thirty (30) days after delivery by Landlord of the opinion provided for in subsection 12.2(a) above, to terminate this Lease, whereupon, in the event of any such date. Should a portion termination by either Landlord or Tenant, Tenant shall immediately surrender possession of the Premises thereby and Basic Rent and all other payments for which Tenant is liable pursuant hereto shall be rendered un-tenantableapportioned to the effective date of such termination, subject to the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Leaseprovision for abatement set forth in subsection 12.2 (d) below. In the event that Landlord exercises exercise of its right to repair terminate this Lease pursuant to Section 12.2(c), Landlord shall act in a bona fide manner and shall not terminate this Lease solely for the purpose of depriving Tenant of its rights under this Lease. (d) if the Damage is such un-tenantable portionas to render the whole or any part of the Premises unusable or inaccessible in whole or in part for the purpose of Tenant’s use and occupancy, as permitted hereby, then the rental Rent payable hereunder shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premisesextent that Tenant’s use and occupancy of and/or ability to access the Premises is in fact thereby diminished, and such part so injured which determination shall be restored made by Landlord as speedily as practicablethe Architect, until the earlier of: (i) the ninetieth (90th) day after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises are ready for the purpose of inspecting Tenant to commence its repairs to the Premises as determined by Landlord; and all buildings and improvements thereon. And for (ii) the purposes date on which Tenant first commences the conduct of making business in any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation part of the Premises or which had been Damaged following the building. Landlord and its agents shall further have date of the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration occurrence of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisessuch Damage.

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

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable by fireIf, storm, earthquake, or other casualty not caused by the negligence because of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up damage to the time of such injury or destruction of the Premises, Landlord has the right to terminate the Lease (a) under Paragraph 11.2A of this Lease, or (b) under Paragraph II. 2D (I) of this Lease solely on the ground that the cost of restoration are not reasonable within the meaning of said Paragraph 11.2D(I); then in either case Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option to avoid such termination and have the Lease continue if Tenant fulfills the conditions set forth in this Paragraph. The option shall be exercised by written notice to Landlord that Tenant will pay for all of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears costs and expenses of said restoration to the whole Premisesextent that same are not covered and paid by insurance. Such notice must be given within ten (10) days after Landlord has given Tenant notice of termination under such Paragraphs, and if such part so injured notice is not given within the specified time, such option shall be restored by of no further force or effect. If Tenant exercised such an option, then Landlord as speedily as practicableshall give Tenant written notice of Landlord's estimate of (a) the costs and expenses of restoration, after which and (b) the full rent Landlord's anticipated insurance proceeds, if any. Within thirty (30) days of Tenant's receipt of this notice, Tenant shall recommence deposit with Landlord the amount of the difference stated in Landlord's written estimate between Landlord's insurance proceeds and the Agreement continue according to its termscosts and expenses of restoration. It is If Tenant does not deposit such funds within the sole responsibility of tenant to properly insure personal items from loss due to floodspecified time, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and then Landlord's agents notice of termination shall have be deemed valid as originally given, and Tenant's exercise of the right at all reasonable times during the term of option granted in this Agreement Paragraph shall be null and any renewal thereof to enter void. When the Premises have been rebuilt, Landlord shall account to Tenant for the purpose actual costs and expenses of inspecting rebuilding and the Premises and all buildings and improvements thereonactual insurance proceeds. And for the purposes Within thirty (30) days of making Landlord's accounting, Tenant shall pay to Landlord any repairs, additions or alterations as may be deemed appropriate by further sum necessary to fully reimburse Landlord for the preservation difference between its actually recovered insurance proceeds and its actual costs of construction, or Landlord shall reimburse the Tenant for any amount paid by Tenant in excess of the Premises or the building. Landlord difference between Landlord's actually recovered insurance proceeds and its agents shall further have actual costs of construction, as the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.case may be

DAMAGE TO PREMISES. A. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees or arising in whole or in part from Tenant's failure to implement sound farming and conservation practices (hereinafter collectively referred to as "damage"), Tenant paying rentals up shall, at Tenant's sole cost and expense, promptly repair such damage. All determinations as to whether Tenant has implemented sound farming and conservation practices shall be made by the Department in consultation with NRCS or the appropriate Soil Conservation District, and if a Farm Conservation Plan has been approved for the Premises, the determination shall be made on the basis of such date and Landlord refunding rentals collected beyond approved Plan. If the Department determines that such date. Should a portion damage should not be repaired, Tenant shall be responsible to the Department for the diminution in value of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeasePremises. In the event that Landlord exercises its right Tenant fails to repair such un-tenantable portioncomply with Tenant's obligations under this Paragraph after receiving written notice of damage, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears Department may terminate this Lease pursuant to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquakeParagraph 26, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to in its sole discretion, enter the Premises for the purpose of inspecting upon the Premises and perform such work as the Department determines is necessary to correct said damage. Tenant shall, after written demand therefor by the Department, reimburse the Department for all buildings and improvements thereoncosts incurred by the Department in performance of such work. And The Department shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the purposes of making any repairs, additions damage or alterations as may be deemed appropriate by Landlord for the preservation destruction of the Premises and/or any Improvements thereon. This Lease shall not be construed to require or obligate the building. Landlord and its agents shall further have the right Department to exhibit cause any damage to the Premises and to display be repaired for the usual "for sale", "for rent" or "vacancy" signs on benefit of Tenant. B. All repairs by Tenant of damage to the Premises at and/or any time within forty- five (45) days before other Department-owned property shall be completed in accordance with plans and specifications submitted to and approved by the expiration of this LeaseDepartment. The right of entry parties shall likewise exist for comply with all the purpose of removing placardsrequirements and procedures set forth in Paragraph 10 (“IMPROVEMENTS”), signs, fixtures, alterations or additions, but do not conform hereof to this Agreement or to any restrictions, rules or regulations affecting the Premisessame extent as though the repair is an Improvement.

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

DAMAGE TO PREMISES. In the event (a) If the Premises are shall be destroyed or rendered untenantable, either wholly un-tenantable or in part, by fire, storm, earthquake, fire or other casualty not caused by ("Casualty"), Tenant shall immediately notify Landlord in writing upon the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time occurrence of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeaseCasualty. In the event that of any Casualty, Landlord exercises its right may elect either to (i) repair the damage caused by such casualty as soon as reasonably possible, in which case this Lease shall remain in full force and effect, or (ii) terminate this Lease as of the date the casualty occurred. Landlord shall notify Tenant within thirty (30) days after receipt of notice of the occurrence of the casualty whether Landlord elects to repair such un-tenantable portionthe damage or terminate this Lease. If Landlord shall elect to repair the damage, Tenant shall pay Landlord the portion of the "deductible amount" (if any) under Landlord's insurance allocable to the damage to the Premises and, if the damage shall have been due to an act or omission of Tenant, or Tenant's employees, agents, contractors or invitees, the rental shall ▇▇▇▇▇ in difference between the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility actual cost of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement repair and any renewal thereof insurance proceeds received by Landlord. If Landlord elects to enter repair the Premises for the purpose of inspecting the Premises damage as provided above, Landlord shall work diligently to complete such repairs and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation deliver possession of the Premises or to Tenant within 180 days from the buildingdate of the casualty. If Landlord does not deliver possession within 210 days after the date of the casualty, Tenant may terminate this Lease upon written notice to Landlord. Landlord and shall use its agents shall further have best efforts to provide Tenant with alternate space in the right Building or in other building(s) owned by Landlord within five (5) miles of the Property during such repair period. (b) If the casualty to exhibit the Premises shall occur during the last six (6) months of the Lease Term and the damage shall be estimated by Landlord to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five require more than thirty (4530) days before to repair, either Landlord or Tenant may elect to terminate this Lease as of the expiration date the casualty shall have occurred, regardless of this Leasethe sufficiency of any insurance proceeds. The right party electing to terminate this Lease shall give written notification to the other party of entry shall likewise exist for such election within ten (10) days after Tenant's notice to Landlord of the purpose occurrence of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisescasualty.

DAMAGE TO PREMISES. In the event If the Premises are at any time destroyed or rendered wholly un-tenantable by fire, storm, earthquake, damaged as a result of fire or any other casualty required to be insured against by the Landlord under this Lease or otherwise insured against by the Landlord and not caused or contributed to by the negligence of Tenant, this Agreement then the following provisions shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of apply: (a) if the Premises thereby be are rendered un-tenantableuntenantable only in part, the Landlord shall have diligently repair the option Premises to the extent only of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental obligations under Section 5.01 and Net Rent shall ▇▇▇▇▇ proportionately to the portion of the Premises rendered untenantable from the date of destruction or damage until the Landlord's repairs have been completed; (b) if the Premises are rendered wholly untenantable, the Landlord shall diligently repair the Premises to the extent only of its obligations pursuant to Section 5.01 and Net Rent shall ▇▇▇▇▇ entirely from the date of destruction or damage until the Landlord's repairs have been completed; (c) if the Premises are not rendered untenantable in whole or in part, the proportion Landlord shall diligently perform such repairs to the Premises to the extent only of its obligations under Section 5.01, but in such circumstances Net Rent shall not terminate or ▇▇▇▇▇; (d) upon being notified by the Landlord that the injured parts bears Landlord's repairs have been substantially completed, the Tenant shall diligently perform all repairs to the whole PremisesPremises which are the Tenant's responsibility under Section 5.02, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according all other work required to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter fully restore the Premises for use in the purpose of inspecting Tenant's business, in every case at the Premises Tenant's cost and all buildings and improvements thereon. And for without any contribution to such cost by the purposes of making any repairsLandlord, additions whether or alterations as may be deemed appropriate by not the Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises has at any time within forty- five (45) days before made any contribution to the expiration cost of this Lease. The right supply, installation or construction of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting Leasehold Improvements in the Premises; (e) nothing in this Section shall require the Landlord to rebuild the Premises in the condition which existed before any such damage or destruction so long as the Premises as rebuilt will have reasonably similar facilities to those in the Premises prior to such damage or destruction, having regard, however, to the age of the Building at such time; and (f) nothing in this Section shall require the Landlord to undertake any repairs having a cost in excess of the insurance proceeds actually received by the Landlord with respect to such damage or destruction.

DAMAGE TO PREMISES. In (a) If the Building, the Premises, or any portion of the Landlord Personalty are destroyed or rendered untenantable or unusable, either wholly or in part, by fire or other cause of damage or loss (“Damage Event”), Tenant will immediately notify Landlord in writing upon the occurrence of such Damage Event. Landlord may elect either to (i) repair the damage and replace the loss of property caused by such Damage Event (including the loss of Landlord Personalty) as soon as reasonably possible, in which case this Lease will remain in full force and effect, or (ii) terminate the Lease Term as of the date the Damage Event occurred; and in either event Landlord shall receive and retain all insurance proceeds from such Damage Event relating to the Premises, the Rent and the Landlord Personalty. Landlord will notify Tenant within 30 days after receipt of notice of the Damage Event whether Landlord elects to repair the damage and replace the loss of property caused by such Damage Event (including the loss of Landlord Personalty) or to terminate the Lease Term. Unless Tenant establishes that the Damage Event was caused solely by the willful misconduct of Landlord, Tenant will immediately pay Landlord upon demand an amount equal to the lesser of (x) the deductible amount (up to $50,000) under either the Casualty Insurance for Landlord or the Landlord Insurance (as applicable) allocable to the damage to and the loss of the Premises and the Landlord Personalty, or (y) the cost to repair such damage and replace such loss (as reasonably estimated by Landlord) if such cost is less than $50,000; such payment to be made by Tenant whether Landlord elects to terminate the Lease Term or Landlord elects to repair the damage and replace the loss. If the Damage Event was caused by the gross negligence or willful misconduct of Tenant or its employees, agents, contractors or invitees, Tenant’s liability to Landlord under the preceding sentence for the deductible amount will not be limited to $50,000. Upon any Damage Event, Tenant shall assign to Landlord and cause the insurer to remit promptly to Landlord all insurance proceeds payable under any of the Property Insurance for Landlord, and if such proceeds are unavailable to Landlord or inadequate as a result of Tenant’s failure to obtain and maintain the Property Insurance for Landlord required by Section 8.01 of this Lease, then Tenant shall immediately pay to Landlord an amount in cash equal to the amount of insurance proceeds that would have been payable to Landlord as a result of such Damage Event if Tenant had maintained the Property Insurance for Landlord required by Section 8.01, plus any deductible amount. (b) If (i) based on the estimate (the “Restoration Estimate”) of Landlord or Landlord’s architect or contractor, it will take Landlord more than six (6) months to rebuild the Premises and replace or repair the Landlord Personalty following a Damage Event affecting the Premises or the Landlord Personalty, or (ii) the Damage Event occurs during the last six (6) months of the Lease Term and the damage to the Premises or the Landlord Personalty is estimated by Landlord to require more than 30 days to repair and replace, then, provided (x) the Damage Event was not the result of the gross negligence or willful misconduct of Tenant, or its employees, agents, contractors or invitees, and (y) Tenant cannot reasonably be expected to continue its business operations in the Premises while the replacement, repair or restoration work proceeds, Tenant may elect to terminate the Lease Term as of the date the Damage Event occurred, which election to terminate must be exercised by written notification to Landlord within 10 business days after the occurrence of the Damage Event, and, if such termination is based upon the facts described in clause (b)(i) above, such 10-day period shall be extended to the date 10 business days after Tenant’s receipt of the Restoration Estimate. Tenant’s failure to elect to terminate timely under this Section 11.01(b) shall be deemed an election not to terminate the Lease. (c) If the Premises are destroyed or rendered wholly un-tenantable damaged by firea Damage Event and Landlord elects to repair or restore the same pursuant to the provisions of this Article 11, stormany Rent payable during the period of such damage, earthquakerepair and/or restoration will be reduced according to the degree, or other casualty not caused by if any, to which Tenant’s use of the negligence of TenantPremises is impaired, this Agreement shall terminate but any such reduction in Rent will be limited to the amount that Landlord receives as insurance proceeds from such time except Damage Event under the Rent Loss Insurance for Landlord maintained by Tenant under Section 8.01(f). (d) The provisions of this Article 11 will govern the purpose rights and obligations of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to in the time event of such injury any damage or loss or destruction of the Premises, Tenant paying rentals up or to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the buildingLandlord Personalty. Landlord and its agents shall further have Tenant waives the protection of any statute, code or judicial decision which grants a tenant the right to exhibit terminate a lease in the Premises and to display event of the usual "for sale", "for rent" damage or "vacancy" signs on destruction or loss of the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesleased property.

DAMAGE TO PREMISES. In the event the Premises are destroyed Section 10.1. If all or rendered wholly un-tenantable any portion of any Improvements on any parcel of Land shall be damaged by fire, storm, earthquake, fire or other casualty not caused by the negligence of Tenantcasualty, this Agreement Tenant shall terminate from promptly notify Landlord thereof and shall diligently repair or reconstruct such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein Improvements, in a good and workmanlike manner, to a like or better condition than existed prior to such damage or destruction, with such Alterations or modifications thereto as Tenant shall then be accounted for by and between Landlord and Tenant up deem necessary or desirable, subject to the time provisions of such injury Article 5 (the “Restoration”), at Tenant’s sole cost and expense and whether or not the insurance proceeds applicable to damage or destruction of such Improvements shall be sufficient. Section 10.2. So long as Tenant is not in default beyond applicable grace or notice provisions in the Premisespayment or performance of its obligations under Section 10.1, Tenant paying rentals up shall be entitled to such date and receive all insurance proceeds payable with respect to any damage to the Improvements or any of Tenant’s Property by fire or other casualty. Landlord refunding rentals collected beyond such date. Should a portion agrees to pay over to Tenant from time to time, for the costs of the Premises thereby Restoration, any proceeds which may be rendered unreceived by Landlord from insurance carried by Landlord or Tenant, less any actual, reasonable out-tenantable, of-pocket expenses paid by Landlord in the Landlord collection of such proceeds. Section 10.3. The Rent payable under this Lease shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall not ▇▇▇▇▇ by reason of any damage or destruction of any Improvements by reason of an insured or uninsured casualty; provided, however, that Tenant shall receive a credit against the Rent and other sums due hereunder in the proportion that the injured parts bears an amount equal to the whole Premisesproceeds of any business interruption insurance carried by Tenant, to the extent that such proceeds are paid to Landlord. Tenant hereby waives all rights under applicable Laws to ▇▇▇▇▇, reduce or offset Rent by reason of such damage or destruction. Section 10.4. Notwithstanding the foregoing provisions of this Article 10, if there exists a Mortgage, (a) the terms and conditions of such Mortgage shall be satisfied prior to the disbursement of any insurance proceeds for the restoration of any damage to the Land or Improvements, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents (b) Mortgagee shall have the right at to supervise and control the receipt and disbursements of all reasonable times during the term of this Agreement insurance proceeds and any renewal thereof shall be entitled to enter all insurance proceeds which are not used to restore the Premises for to be applied to the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation reduction of the Premises or debt secured by the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesMortgage.

DAMAGE TO PREMISES. In If the event the Premises are destroyed or rendered wholly un-tenantable by fireBuilding, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of including the Premises, Tenant paying rentals up is at any time destroyed or damaged as a result of fire or any other casualty required to such date and be insured against by the Landlord refunding rentals collected beyond such date. Should a portion pursuant to this Lease or otherwise insured against by the Landlord, then the following provisions shall apply: (a) if one-half or less of the area of the Premises thereby be is rendered un-tenantableuntenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to diligently repair such un-tenantable portion, the rental it (excluding any Leasehold Improvements) and Gross Rent and Additional Rent shall ▇▇▇▇▇ proportionately to the portion of the Building rendered untenantable from the date of destruction or damage until the Landlord’s repairs have been completed; (b) if more than one-half of the area of the Premises is rendered untenantable, the Landlord shall diligently repair it (excluding the Leasehold Improvements) and Gross Rent and Additional Rent shall ▇▇▇▇▇ entirely from the date of destruction or damage until the Landlord’s repairs have been completed; (c) if the Premises is not rendered untenantable in whole or in part, the proportion Landlord shall diligently perform such repairs to it (excluding the Leasehold Improvements), but in such circumstances Gross Rent and Additional Rent shall not terminate or ▇▇▇▇▇; (d) upon being notified by the Landlord that the injured parts bears Landlord’s repairs have been substantially completed, the Tenant shall diligently perform all repairs to the whole Premises, Premises which are the Tenant’s responsibility under Sections 4.1 and such part so injured shall be restored by Landlord as speedily as practicable, after which 4.2 (including the full rent shall recommence installation of Leasehold Improvements) and the Agreement continue according all other work required to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter fully restore the Premises for use in the purpose of inspecting Tenant’s business, in every case at the Premises Tenant’s cost and all buildings and improvements thereon. And for without any contribution to such cost by the purposes of making any repairsLandlord, additions whether or alterations as may be deemed appropriate by not the Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises has at any time within forty- five made any contribution to the cost of, supply, installation or construction of Leasehold Improvements or actually supplied, installed or constructed such Leasehold Improvements; (45e) days nothing in this Section 9.2 requires the Landlord to rebuild the Building to the condition which existed before any such damage or destruction so long as the expiration Building, as rebuilt (prior to the Tenant’s Work under paragraph (d) above), will, subject to compliance with all the existing laws be constructed in accordance with design specifications agreed upon between the Landlord and the Tenant, having regard to the age of the Building at such time, and subject to the limitations on the Landlord’s obligations to restore as set out in this Lease. The right Section 9.2; however, the Landlord’s obligation to rebuild the Building will, in the Landlord’s discretion, not apply if the damage or destruction occurs at any time during the last 18 months of entry the Term; and (f) provided that the Landlord has complied with its insurance obligations under Section 7.5 hereof, nothing in this Section 9.2 shall likewise exist for require the purpose Landlord to undertake any repairs or replacements having a cost in excess of removing placardsthe insurance proceeds actually received by the Landlord with respect to such damage or destruction and in the event such insurance proceeds are less than the cost of such repair or replacement, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesLandlord’s obligations shall be governed in the first instance by the provisions of Section 9.4.

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

DAMAGE TO PREMISES. In If the event the Premises are destroyed or rendered wholly un-tenantable by fireBuilding, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of including the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should is at any time destroyed or damaged as a portion result of fire or any other casualty, then the following provisions shall apply: (a) if one-half or less of the area of the Premises thereby be is rendered un-tenantableuntenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to diligently repair such un-tenantable portion, the rental it (excluding any Leasehold Improvements but including Landlord’s Work) and Gross Rent and Additional Rent shall ▇▇▇▇▇ proportionately to the portion of the Building rendered untenantable from the date of destruction or damage until the Landlord’s repairs have been completed; (b) if more than one-half of the area of the Premises is rendered untenantable, the Landlord shall diligently repair it (excluding the Leasehold Improvements) and Gross Rent and Additional Rent shall ▇▇▇▇▇ entirely from the date of destruction or damage until the Landlord’s repairs have been completed; (c) if the Premises is not rendered untenantable in whole or in part, the proportion Landlord shall diligently perform such repairs to it (excluding the Leasehold Improvements), but in such circumstances Gross Rent and Additional Rent shall not terminate or ▇▇▇▇▇; (d) upon being notified by the Landlord that the injured parts bears Landlord’s repairs have been substantially completed, the Tenant shall diligently perform all repairs to the whole Premises, Premises which are the Tenant’s responsibility under Sections 4.1 and such part so injured shall be restored by Landlord as speedily as practicable, after which 4.2 (including the full rent shall recommence installation of Leasehold Improvements) and the Agreement continue according all other work required to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter fully restore the Premises for use in the purpose of inspecting Tenant’s business, in every case at the Premises Tenant’s cost and all buildings and improvements thereon. And for without any contribution to such cost by the purposes of making any repairsLandlord, additions whether or alterations as may be deemed appropriate by not the Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises has at any time within forty- five made any contribution to the cost of, supply, installation or construction of Leasehold Improvements or actually supplied, installed or constructed such Leasehold Improvements; (45e) days nothing in this Section 9.2 requires the Landlord to rebuild the Building to the condition which existed before any such damage or destruction so long as the expiration Building, as rebuilt (prior to the Tenant’s Work under paragraph (d) above), will, subject to compliance with Applicable Laws be constructed in accordance with design specifications included in the Landlord’s Work or as otherwise agreed upon between the Landlord and the Tenant, having regard to the age of the Building at such time, and subject to the limitations on the Landlord’s obligations to restore as set out in this Lease. The right Section 9.2 and will include the Landlord’s Work; however, the Landlord’s obligation to rebuild the Building will, in the Landlord’s discretion, not apply if the damage or destruction occurs at any time during the last 18 months of entry the Term; and (f) provided that the Landlord has complied with its insurance obligations under Section 7.5 hereof, nothing in this Section 9.2 shall likewise exist for require the purpose Landlord to undertake any repairs or replacements having a cost in excess of removing placardsthe insurance proceeds actually received by the Landlord with respect to such damage or destruction and in the event such insurance proceeds are less than the cost of such repair or replacement, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesLandlord’s obligations shall be governed in the first instance by the provisions of Section 9.2.

DAMAGE TO PREMISES. In If the event the Premises are destroyed or rendered wholly un-tenantable leased property shall be damaged by fire, stormthe elements, earthquake, unavoidable accident or other casualty calamity and the leased property is not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury thereby rendered untenantable in whole or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantablein part, the Landlord shall promptly, at its own expense, cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence, the leased property shall be rendered untenantable only in part, the Landlord shall promptly cause the damage to be repaired, and the rent, meanwhile, shall be abated proportionately to the portion of the premises rendered untenantable and any access or parking similarly rendered untenantable. If, by reason of such occurrence, the premises shall be rendered wholly untenantable, the rent, meanwhile, shall be abated in whole; provided, however, that there shall be no extension of the term of this Lease by reason of such abatement. Notwithstanding the provisions of the immediately preceding sentence, if the leased property shall be rendered wholly untenantable by reason of such occurrence and the property cannot be repaired within three months from the date of such damage or access to the leased premises is prevented for such period, Tenant shall, at his option, have the right to declare the balance of this Lease null and void. If the Tenant does not exercise his option of either repairing such injured or damaged portion or terminating to cancel this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Landlord shall promptly, at its own expense, cause such damage to be repaired, and rent shall be abated during the period of such repairs. If after due notice is given, the Tenant fails to exercise his option following substantial destruction of the leased property within 36 months of the end of the original term of this Lease, or if said destruction occurs within the last two (2) years of the term of this Lease, the Landlord may terminate the Lease with ▇▇▇▇▇ in the proportion that the injured parts bears ▇▇'s consent, which consent shall not be unreasonably withheld. If any such damage occurring to the whole Premisesleased property, and such part so injured whether it is partial or complete, shall occur as a result of the fault or neglect of the Tenant, Tenant's servants, employees, agents, business invitees, licensees, or subtenants, there shall be restored by Landlord as speedily as practicable, after which the full no apportionment or abatement of rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry foregoing provisions shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or apply to any restrictionsexercise of eminent domain, rules condemnation, taking or regulations affecting conveyance in lieu or in avoidance of same, as if they were a casualty. In the Premisesevent any condemnation award is made, it shall inure to the benefit of the Landlord other than any amounts specifically attributable to Tenant's loss of business, rental loss or relocation costs.

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

DAMAGE TO PREMISES. (a) In the event the Premises are shall be damaged or destroyed by fire or rendered wholly un-tenantable other casualty, Landlord may proceed as following: (i) provided that such damage is insured under the insurance coverages maintained under subsection 13(a) hereof, then, but only to the extent insurance proceeds have been actually paid to Landlord by firethe insurer(s) for such casualty, stormLandlord may promptly repair and/or restore the Premises to substantially the same condition in which they were immediately prior to the occurrence of such casualty (excluding Alterations made by Tenant, earthquakeTenant's trade fixtures, equipment and other items of Tenant's personal property), or other casualty not caused by the negligence of Tenant, (ii) terminate this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunderLease. The rental provided for herein shall then be accounted for by and between Should Landlord and Tenant up elect to the time of such injury or destruction of repair and/or restore the Premises, Tenant paying rentals up to from the date of such date and Landlord refunding rentals collected beyond such date. Should a portion of casualty until the Premises thereby be rendered un-tenantableare so repaired and/or restored, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Base Rent shall ▇▇▇▇▇ in proportion to the proportion portion of the Premises that has been rendered untenantable. (b) If Landlord elects to repair and/or restore the Premises as set forth in clause (a) immediately above and Landlord then determines, in its reasonable discretion (such determination to be made and Tenant to be notified within 30 days after Landlord's receipt of notice of the casualty damage, subject to insurance adjustments, mortgagee requirements, and other matters beyond Landlord's control), that the injured parts bears Premises cannot be substantially repaired within 180 days after the date of the damage or destruction, Landlord shall notify Tenant in writing, and, if Tenant will otherwise be unable to the whole Premisesconduct its normal business operations during said 180 day period, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents Tenant shall have the right at all reasonable times to terminate this Lease by providing written notice of termination within 30 days after the date of Landlord's notice or deemed notice (as provided in the next sentence). If Landlord fails to notify Tenant of Landlord's determination within the time period provided herein (subject to permitted delays as set forth above), Landlord shall be deemed to have notified Tenant that Landlord cannot substantially repair the Premises within 180 days after the date of the damage or destruction. (c) Notwithstanding any provision of this Lease to the contrary, if the Building is damaged during the term last 12 months of the Term, so that the cost of repair and/or restoration shall be more than fifty percent (50%) of the fair market value of the Building immediately before such casualty, then either party shall have the right to terminate this Lease effective as of the date of such casualty, by giving to the other party hereto, within 30 days of the happening of such casualty, written notice of such termination, and upon termination, rent and all other charges shall ▇▇▇▇▇ as aforesaid from the happening of such casualty and Landlord shall promptly repay to Tenant any rent theretofore paid in advance which has not been earned at the date of such casualty. If this Lease is so terminated, insurance proceeds shall be distributed as set forth in subsection (e) below. (d) Notwithstanding any provision of this Agreement Lease to the contrary, if damage or destruction to the Premises, or any part thereof, is caused in whole or in part by the intentional act or the gross negligence of Tenant, its agents, servants, employees or contractors, Tenant shall not be entitled to terminate this Lease pursuant to this Section 12, nor shall Tenant be entitled to any rent abatement. (e) The proceeds under the all-risk insurance policies required to be maintained by Tenant pursuant to subsection 13(a) hereof on the Building and the other improvements on the Land shall belong to and be payable to and be the property of Landlord, and Tenant shall not have any interest in such proceeds. Tenant agrees to look to Tenant's all-risk insurance policies required to be carried by Tenant pursuant to subsection 13(b)(ii) hereof for restoration of Tenant's improvements, equipment, furnishings and Tenant's property in the Premises. In the event of termination of this Lease, for any reason following any damage or destruction, Tenant shall be responsible for any applicable deductibles and shall assign to Landlord or otherwise pay to Landlord upon Landlord's request, the proceeds of the all-risk insurance maintained by Tenant pursuant to subsection 13(a) hereof (unless such all-risk insurance is carried by Landlord pursuant to subsection 13(a)) and such other additional funds so that the total amount assigned and/or paid by Tenant to Landlord shall be sufficient to restore (whether or not any such restoration is to actually occur) the Building and such other insured improvements (excepting Tenant's property) existing therein immediately prior to such damage or destruction; provided, however, that Tenant shall not be obligated to pay Landlord any such additional funds (i.e., beyond the actual proceeds of insurance and any renewal thereof applicable deductibles) unless Tenant has failed to enter fulfill its obligations with respect to insurance coverages as set forth in subsection 13(a) of this Lease. Despite the foregoing, in the event (i) of any damage to the Premises by fire or other casualty, and (ii) neither Landlord nor Tenant has elected to terminate this Lease as permitted hereunder, then, Landlord agrees to make the insurance proceeds that Landlord receives in connection with such damage to the Premises available for the purpose of inspecting restoring the Premises to the condition that existed immediately prior to such fire or other casualty. If after consultation Landlord and Tenant agree that Tenant will perform the restoration work, then Landlord will make such insurance proceeds available to Tenant for restoration and the proceeds will be disbursed on such terms and conditions as Landlord, in the exercise of its prudent business judgment may determine, including retainage provisions. Unless Landlord carries the all-risk insurance pursuant to subsection 13(a) hereof, in the event the available casualty proceeds are insufficient to restore the Building and other improvements to the condition that existed immediately prior to the fire or other casualty due to the fact that Tenant failed to carry the insurance coverage required by subsection 13(a) hereof, Tenant shall make up the deficiency. Notwithstanding anything to the contrary in this Section 12 or in any other provision of this Lease, any obligation (under this Lease or otherwise) of Landlord to make insurance proceeds available or restore all buildings and improvements thereon. And for the purposes of making or any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation portion of the Premises or Building and other improvements on the building. Land shall be subject to Landlord's receipt of approval of the same by the mortgagee(s) of Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs who hold mortgages on the Premises (and any other approvals required by applicable laws), as well as receipt from any such mortgagee(s) of such all-risk insurance policy proceeds as may have been assigned to any such mortgagee; it being agreed that if Landlord has not received such approval(s) and proceeds within 90 days after any such casualty, then Landlord shall have the option to terminate this Lease, at any time within forty- five (45) days before the expiration of this Leasethereafter, upon written notice to Tenant. The right of entry Landlord shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to notify Tenant if any restrictions, rules or regulations affecting the Premisessuch delay occurs.

DAMAGE TO PREMISES. a. Should the Demised Premises, (or any part thereof), be damaged or destroyed by fire or other casualty insured under the standard fire and casualty insurance policy with approved standard extended coverage endorsement applicable to the Demised Premises, Lessor shall, except as otherwise provided herein, and to the extent it recovers proceeds from such insurance, repair and/or rebuild the same with reasonable diligence. Lessor's obligation hereunder shall be limited to the building and improvements originally provided by Lessor when the Demised Premises were originally constructed and the insurance carried by Lessor shall be held in trust by Lessor for such purposes. Lessor shall not be obligated to repair, rebuild or replace any property belonging to Lessee or any improvements to the Demised Premises furnished by Lessee. Unless this lease is terminated by Lessor as hereinafter provided, Lessee shall, at its cost and expense, repair, restore, redecorate and refixture the Demised Premises and restock the contents thereof in a manner and to at least a condition equal to that existing prior to such damage or destruction, except for the building and improvements to be reconstructed by Lessor as above set forth, and the proceeds of the insurance carried by Lessee on the property, decorations and improvements as well as fixtures and contents in the Demised Premises shall be held in trust by Lessee for such purposes. In the event the Demised Premises are completely or partially destroyed or rendered wholly un-tenantable so damaged by fire, storm, earthquake, fire or other casualty and this lease is not caused terminated as hereinafter provided, there shall be abatement of rent; it being understood and agreed that the Lessee shall, at its sole discretion, cost and expense, procure necessary insurance to protect itself against any interruption of its business. b. Notwithstanding anything to the contrary contained in the preceding Section "A" or elsewhere in this lease, Lessor, at its option, may terminate this Lease on thirty (30) days notice to Lessee, given within ninety (90) days after the occurrence of any damage or destruction if: (1) The Demised Premises be damaged or destroyed as a result of a risk which is not covered by the negligence of TenantLessor's insurance, this Agreement shall terminate from such time except for or; (2) The Demised Premises be damaged and the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right cost to repair such un-tenantable portion, the rental same shall ▇▇▇▇▇ in be more than the proportion that the injured parts bears to the whole Premisescost of replacement thereof, and such part so injured shall there be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according insufficient insurance proceeds to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisescover said costs.

DAMAGE TO PREMISES. In It is understood and agreed that, notwithstanding the event other provisions of this Lease, should the Premises are at any time be partially or wholly destroyed or rendered wholly un-tenantable damaged by fireany cause whatsoever or should demolition of the Premises be necessitated thereby or should the Premises become unfit for occupancy by Tenant; .1 subject as hereinafter provided in this section 11.1, stormLandlord shall, earthquake, or other casualty not caused to the extent of the insurance proceeds available for reconstruction and actually received by Landlord from its insurers following an election by the negligence Mortgagee to apply all or any portion of such insurance proceeds against the debt owing to the Mortgagee as the case may be, reconstruct the Premises in accordance with Landlord’s obligations to repair under the provisions of section 7.2 hereof. Upon substantial completion of Landlord’s work, Landlord shall notify Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction shall forthwith commence and expeditiously complete reconstruction and repair of the Premises, Tenant paying rentals up Leasehold Improvements and Trade Fixtures in accordance with Tenant’s obligations to repair under the provisions of section 7.1 hereof; .2 rent shall not ▇▇▇▇▇ unless the Premises are rendered wholly or partially unfit for occupancy by such date occurrence and Landlord refunding rentals collected beyond in such date. Should a portion event Rent, as of the Premises thereby be rendered un-tenantable, the Landlord shall have the option date of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental occurrence shall ▇▇▇▇▇ proportionately as to the portion of the Premises rendered unfit for occupancy, but only for the period and to the extent that proceeds of rental insurance are actually received by Landlord, or if earlier, only until 30 days following receipt by Tenant of Landlord’s notice given to Tenant as provided in subsection 11.1.1 hereof, at which time Rent shall recommence; .3 if, in the proportion that opinion of the injured parts bears Architect, such opinion to be given to Landlord and Tenant within 30 days of the whole Premisesdate of such damage, the Premises cannot be repaired and made fit for occupancy within 180 days next following any occurrence, or if 30% or more of the Premises are damaged or destroyed, or, if such damage occurs during the last 2 years of the Term, Landlord may, by written notice to Tenant within 30 days of receipt of such opinion of the Architect, or within 30 days after the occurrence of such damage where such damage occurs during the last 2 years of the Term, terminate this Lease and Rent shall cease and be adjusted as of the date of such occurrence, and such part so injured Tenant shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting immediately vacate the Premises and all buildings and improvements thereon. And for the purposes of making any repairssurrender same to Landlord; .4 in no event, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration including termination of this Lease. The right Lease in accordance with the provisions of entry subsection 11.1.3 hereof, shall likewise exist Landlord be liable to reimburse Tenant for the purpose damage to, or replacement or repair of removing placardsany Leasehold Improvements, signs, fixtures, alterations Trade Fixtures or additions, but do not conform to this Agreement or to of any restrictions, rules or regulations affecting the PremisesTenant Property.

DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeaseSection 11.1. In the event that Landlord exercises its right to repair such un-tenantable portionany portion of the Premises is damaged by fire or other casualty, then, except as provided below, the rental damage shall be promptly repaired by and at the expense of Tenant; and the Base Rent and additional rent, as appropriate, shall ▇▇▇▇▇ in for any portion of the proportion Premises which is rendered uninhabitable. Section 11.2. If such damage occurs during the last twelve (12) months of the Term or if Landlord obtains a reasonable professional estimate that the injured parts bears cost of restoring the building would exceed twenty (20%) of the full insurable value of the Building immediately prior to such fire or other casualty, then either Landlord or Tenant may, by giving notice to the whole other within sixty (60) days after such fire or other casualty, terminate this Lease without incurring any liability to the other. Landlord shall inform Tenant within thirty (30) days of such fire or other casualty of any decision by a mortgagee that such mortgagee will not permit insurance proceeds to be used to repair all or any portion of the damage. In the event that such mortgagee will not permit insurance proceeds to be used to repair the damage, and Landlord does not intend to use its own funds to repair such damage, either Landlord or Tenant may, by giving notice to the other within thirty (30) days after Landlord has informed tenant of such mortgagee's position and the Landlord's position, terminate this Lease without incurring any liability to the other, except that Tenant shall pay all insurance proceeds in connection with the Building over to the Landlord or the Landlord's mortgagee as the case may be. If neither party so terminates this Lease, Tenant shall use reasonable efforts to repair the Building (and the Premises, if damaged) with reasonable dispatch, allowing for the adjustment and such part so injured settlement of insurance claims, the preparation of plans and specifications, the obtaining of governmental approvals and certificates, the obtaining of contractors and laborers and any other daily. Section 11.3. Tenant shall be restored by entitled to a rent abatement only to the extent that a portion of the Premises is rendered untenantable because of a fire or Other casualty and only until Landlord as speedily as practicable, after which notifies tenant that the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISESdamages thereto have been substantially repaired. Section 11.4. Landlord and Landlord's agents shall have Tenant do each hereby release and discharge the right at all reasonable times during the term of this Agreement other party and any renewal thereof partner, officer, agent, employee or representative of such party from any liability for loss or damage to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs property on the Premises at any time within forty- five caused by fire or other casualty for which insurance (45containing waiver of subrogation) days before is required to be carried by either party under the expiration terms of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In (a) Notwithstanding anything to the event contrary in this agreement, under no circumstances shall the Premises are destroyed tenant be liable to repair any structural damage or rendered wholly un-tenantable by fire, storm, earthquakedefects to, or other casualty not pay for work of a structural nature at, the residential premises, save and except where the said works are necessary to repair structural damage or defects caused by the negligence negligent or unlawful acts or omissions of Tenantthe tenant or its sub tenants and the building insurance effected by the lessor is vitiated due to the said acts or omissions of the tenant or its sub tenants. (b) The lessor must ensure that all repairs, including any structural damage or defects, are carried out by a suitable repairer. (c) If repairs are carried out by a suitable repairer and the lessor is of the view that the tenant is liable under this Agreement shall terminate from such time except agreement or the Act for those repairs then the lessor must provide any invoice or account for those repairs issued by the repairer (“Invoice”) to the tenant on a timely basis. Notwithstanding anything to the contrary in this agreement if the lessor fails to provide the Invoice to the tenant within two months of the date of that Invoice, then the lessor will be taken as having accepted liability for the purpose repairs and responsibility for the payment of enforcing the Invoice and the tenant shall not be liable to pay the Invoice or pay for any repairs to which the Invoice relates (d) If the lessor is required, in accordance with its obligations under this agreement or the Act (including without limitation under clause 60), to effect any repairs or replacements to or to undertake any maintenance to the residential premises, and the tenant is required to vacate the residential premises in order for such repairs or maintenance to be carried out, then (without limiting any other rights that which the tenant may have then accrued hereunder. The rental provided against the lessor under this agreement or at law), the lessor must pay or reimburse the tenant for herein shall then be accounted for all reasonable costs and expenses suffered or incurred or payable by the tenant: (i) to re-locate to alternative premises and between Landlord and Tenant up to relocate back to the time of such injury residential premises once the repairs and/or maintenance works have been completed; (ii) to store or destruction secure any goods or possessions which the tenant is required to remove from the residential premises for the duration of the Premisesperiod during which the tenant is required to vacate the residential premises; and (iii) to secure, Tenant paying rentals up to such date obtain and Landlord refunding rentals collected beyond such date. Should a portion occupy alternative accommodation for the duration of the Premises thereby be rendered un-tenantableperiod during which the tenant is required to vacate the residential premises. For the avoidance of doubt, and without limiting the Landlord shall have foregoing, nothing in this clause limits the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its tenant’s right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion assert that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility breach of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term clause 16 of this Agreement and any renewal thereof agreement caused by the tenant being required to enter vacate the Premises for the purpose of inspecting the Premises and residential premises is sufficient in all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or circumstances of the building. Landlord and its agents shall further have the right case to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration justify termination of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesagreement.

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

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

DAMAGE TO PREMISES. In Tenant shall give the event Landlord notice of any casualty damage to any portion of the Premises immediately after becoming aware of same. If the Premises are damaged or destroyed by fire or rendered wholly un-tenantable by fireany other casualty during the Term to such an extent that the damage cannot, stormin Landlord's reasonable judgment, earthquakebe (1) repaired within 270 days thereafter, or other casualty not caused (2) if such damage or destruction occurs during the last 18 months of the Term, repaired by the negligence end of Tenantthe penultimate year of the Term, this Agreement shall terminate from such time except for the purpose then each of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up shall have the option, exercisable by written notice to the time other within 45 days after such damage or destruction, to terminate this Lease effective as of the date of such injury damage or destruction destruction. If neither Landlord nor Tenant has a right to terminate this Lease, or if neither Tenant nor Landlord elects to terminate this Lease during the 45 day period, then the Premises shall be repaired, rebuilt and/or restored as provided in this Section 14. So long as Principal Mutual Life Insurance Company or any subsidiary or affiliate of Principal Mutual Life Insurance Company owns the Premises, the provisions of subsection 14(a) below shall apply with respect to the procedure for repair and restoration of the Premises and the provisions of subsection 14(b) shall not apply. At any time during which Principal Mutual Life Insurance Company or any subsidiary or affiliate of Principal Mutual Life Insurance Company does not own the Premises, the provisions of subsection 14(a) shall not apply to the procedure for repair and restoration of the Premises, Tenant paying rentals up and the provisions of subsection 14(b) shall apply to same. (a) Landlord shall promptly repair and rebuild the damaged or destroyed Premises to substantially the same condition as existed immediately prior to such date damage or destruction, subject to changes reasonably deemed by Landlord to be necessary or advisable, but in all respects limited to the amount of net insurance proceeds received by Landlord, so long as Landlord carries the insurance and coverages as required of Landlord refunding rentals collected beyond by the terms of this Lease, and attempts in good faith to obtain the proceeds of such dateinsurance; provided, however that Landlord agrees that Landlord shall not grant any third party any rights n or to such insurance proceeds. Should From the occurrence of the damage or destruction, through the completion of the restoration work, Tenant shall be entitled to a partial abatement of Basic Rental in proportion to the unusable portion of the Premises thereby be rendered un-tenantable, the Premises. (b) Landlord shall have promptly repair and rebuild the option damaged and destroyed portions of either repairing the Premises to substantially the same condition as existed immediately prior to such injured damage or damaged portion or terminating this Leasedestruction, and all net insurance proceeds shall be made available to Landlord for the restoration work (the "RESTORATION"). In the event that Landlord exercises its reasonably estimates that the total cost to repair any damage or destruction of the Premises arising from a single accident or loss will be $100,000.00 or less, Landlord shall promptly commence and diligently pursue the completion of the Restoration of the Premises. In the event that the total cost to repair any damage or destruction of the Premises arising from a single accident or loss is reasonably estimated by Landlord to exceed the sum of $100,000.00 (a "MAJOR CASUALTY"), then Landlord shall settle any and all claims against insurance companies arising out of any policies of casualty insurance carried by either party hereunder, including, without limitation, the execution of proofs of loss, and adjustments of losses. Landlord and Tenant shall jointly direct that all insurance proceeds payable on account of such Major Casualty shall be held and invested in a manner to be directed jointly by Landlord and Tenant, by the party holding any first mortgage or deed of trust on the Premises or, if there is then no first mortgage or first deed of trust on the Premises, by an unrelated institutional trustee designated by Landlord (hereinafter referred to in either case as "TRUSTEE"). Landlord and Tenant shall each pay one-half (1/2) of all reasonable fees and expenses charged or incurred by the Trustee in connection with the performance of the Trustee's duties and obligations. The Trustee shall be protected in acting upon any certificate reasonably believed by the Trustee to be genuine and to have been executed by the proper party, and shall receive such certificate as conclusive evidence of any fact or as to any matter therein set forth. Such certificate shall be full warrant, authority and protection to the Trustee in acting thereon, and the Trustee shall be under no duty to take any action other than as set forth in this Section. All amounts deposited with the Trustee on account of any Major Casualty as aforementioned, together with interest earned on such amounts or any part thereof (less the costs, fees and expenses incurred by Landlord and Tenant in the collection thereof, including, without limitation, adjusters' and attorneys' fees and expenses) [the "RESTORATION ACCOUNT")] shall be applied as follows: (A) Not more than once each thirty (30) days following Landlord's commencement of the Restoration of the Premises, Landlord may request of Trustee advances from the Restoration Account for the payment of costs of labor, materials and services supplied for the Restoration of the Premises, as set forth in the budget prepared by Landlord, for work actually performed during the preceding thirty (30) days. Landlord's request shall be in writing to the Trustee and accompanied by (i) a certificate of a supervising architect or engineer describing in reasonable detail the work and material in question and the cost thereof, stating that the same were necessary or appropriate to the Restoration and constitute a completed part thereof, and that no part of the cost thereof has theretofore been reimbursed, and specifying the estimated additional amount, if any, necessary to complete the Restoration; (ii) evidence reasonably satisfactory to the Trustee that ninety percent (90%) of the balance in the Restoration Account following such requested advance will not be less than the estimated cost to complete the Restoration of the Premises, as set forth in the budget prepared by Landlord (it being understood and agreed that ten percent (10%) of each draw amount shall be retained in compliance with statutory retainage requirements) and evidence that all mechanics and materialmen and other parties providing labor and material have been paid to date; and (B) Upon receipt by the Trustee of evidence of the character required by the foregoing clauses (A)(i) and (A)(ii) that Restoration has been completed in accordance with the plans and specifications, and all applicable laws, ordinances, regulations, codes and private restrictions and restrictive covenants, as evidenced by any obtainable certificates, and the cost thereof paid in full, and that there are no mechanics', materialmen's or similar liens for labor or materials supplied in connection therewith, then the balance, if any, in the Restoration Account shall be paid to Landlord or as Landlord may direct after all retainage periods have expired. Landlord shall, as soon as practicable after preparation of a budget and plans and specifications, commence and diligently proceed with the Restoration of the Premises. In the event that Landlord does not so commence Restoration (provided that if the casualty loss is insured, Landlord shall not be required to commence Restoration until the insurance proceeds have been delivered to the Trustee), or after commencement, Landlord does not diligently proceed to the completion of same, Tenant shall have the right to repair commence or complete Restoration after Tenant has given Landlord thirty (30) days prior written notice requesting the commencement, Landlord does not diligently proceed to the completion of same, Tenant shall have the right to commence or complete Restoration after Tenant has given Landlord thirty (30) days prior written notice requesting the commencement of Restoration or that Landlord diligently proceed to the completion of same, if Landlord during such un-tenantable portionthirty (30) day period does not so commence or proceed to diligently complete Restoration. In such event, the rental Trustee shall disburse the Restoration Account to Tenant in accordance with the foregoing procedures. If Tenant undertakes to commence and/or complete Restoration, Tenant agrees to use due reasonable diligence to pursue Restoration to completion. Rent shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of under this Agreement and any renewal thereof to enter the Premises Lease for the purpose portion of inspecting the Premises and all buildings and improvements thereon. And for the purposes period of making any repairs, additions or alterations time as may be deemed appropriate by Landlord for the preservation of the Premises are affected by such damage or the building. Landlord and its agents destruction. (c) Nothing in this Section 14 shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at be construed as granting Tenant any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for approval or consent with respect to any settlement concerning the purpose amount of removing placardsinsurance proceeds resulting from any claim by Landlord, signs, fixtures, alterations or additions, but do not conform to this Agreement or to be involved in any restrictions, rules or regulations affecting the Premisesnegotiations regarding same.

DAMAGE TO PREMISES. In It is understood and agreed that, notwithstanding the event other provisions of this Lease, if there is damage, destruction or contamination (collectively, “Damage”) to all or any part of the Premises are destroyed at any time or rendered wholly un-tenantable should demolition of the Premises be necessitated thereby or should the Premises become unfit for occupancy by fireTenant: .1 subject as hereinafter provided in this section 11.1, stormLandlord shall, earthquake, or other casualty not caused to the extent of the insurance proceeds available for reconstruction and actually received by Landlord from its insurers following an election by the negligence Mortgagee to apply all or any portion of such insurance proceeds against the debt owing to the Mortgagee as the case may be, reconstruct the Premises in accordance with Landlord’s obligations to repair under the provisions of section 7.2 hereof. Upon substantial completion of Landlord’s work, Landlord shall deliver Notice to Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction shall forthwith commence and expeditiously complete reconstruction and repair of the Premises, Tenant paying rentals up Leasehold Improvements and Trade Fixtures in accordance with Tenant’s obligations to repair under the provisions of section 7.1 hereof; .2 rent shall not ▇▇▇▇▇ unless the Premises are rendered wholly or partially unfit for occupancy or inaccessible by such date occurrence and Landlord refunding rentals collected beyond in such date. Should a portion event Rent, as of the Premises thereby be rendered un-tenantable, the Landlord shall have the option date of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental occurrence shall ▇▇▇▇▇ proportionately as to the portion of the Premises rendered unfit for occupancy or inaccessible but only for the period and to the extent that proceeds of rental insurance are actually received by Landlord, or if earlier, only until 30 days following receipt by Tenant of Landlord’s Notice given to Tenant as provided in subsection 11.1.1 hereof, at which time Rent shall recommence; .3 if, in the proportion that opinion of the injured parts bears Architect, such opinion to be given to Landlord and Tenant within 30 days of the date of such Damage, a) the Premises are unsafe or access or services are affected and, in either case, cannot be substantially repaired and made fit for occupancy within 180 days next following any occurrence, or, b) if 30% or more of the Premises are Damaged, or, c) if such Damage occurs during the last 2 years of the Term, or, d) if the proceeds of insurance are substantially insufficient to pay for the costs of repair or rebuilding or are not payable to or received by Landlord; or, e) if Damage is caused by an occurrence against which Landlord is not insured or beyond the extent to which Landlord is required to insure under this Lease; or, f) if any Mortgagee(s) or other Person entitled to the whole Premisesinsurance proceeds shall not consent to the repair and rebuilding, Landlord may, by Notice to Tenant within 30 days of receipt of such opinion of the Architect, or within 30 days after the occurrence of such Damage where such Damage occurs during the last 2 years of the Term, terminate this Lease and Rent shall cease and be adjusted as of the date of such occurrence, and such part so injured Tenant shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting immediately vacate the Premises and all buildings and improvements thereon. And for the purposes of making any repairssurrender same to Landlord; .4 in no event, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration including termination of this Lease. The right Lease in accordance with the provisions of entry subsection 11.1.3 hereof, shall likewise exist Landlord be liable to reimburse Tenant for the purpose Damage to, or replacement or repair of removing placardsany Leasehold Improvements, signs, fixtures, alterations Trade Fixtures or additions, but do not conform to this Agreement or to of any restrictions, rules or regulations affecting the PremisesTenant Property.

DAMAGE TO PREMISES. In the event If all or any part of the Premises are destroyed is rendered untenantable or rendered wholly un-tenantable completely inaccessible by fire, storm, earthquake, damage from fire or other casualty not caused by (collectively, the negligence of Tenant, this Agreement shall terminate from such time except for “Damage”) in connection with which the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up is insured in relation to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion then: (a) if in the reasonable opinion of the Premises thereby Expert, the Damage can be rendered un-tenantablesubstantially repaired within one hundred eighty (180) days from the date of such casualty (employing normal construction methods without overtime or other premium), the Landlord shall have forthwith repair such Damage to the option extent of either repairing the Landlord’s obligations under this Lease but excluding Damage to Leasehold Improvements and any other property that is not the responsibility of or is not owned by the Landlord which shall be the responsibility of the Tenant to repair; or (b) if in the reasonable opinion of the Expert, the Damage cannot be substantially repaired within one hundred eighty (180) days from the date of such injured casualty (employing normal construction methods without overtime or damaged portion other premium), then the Landlord may elect to terminate this Lease as of the date of such casualty by written Notice delivered to the Tenant not more than twenty (20) days after receipt of the Expert’s opinion, failing which the Landlord shall forthwith repair such Damage as set out in Section 10.1(a), provided that no such termination shall in any manner terminate or terminating this Leaseotherwise affect the Purchase Option (which shall continue in force through the original Term as if the Lease remained in effect), except that upon exercise of the Purchase Option all insurance proceeds actually received by Landlord with respect to insurance policies covering the Premises shall be delivered and assigned to Tenant. In If the event that Landlord exercises its right is required to repair such un-tenantable portionDamage to the Premises under Section 10.1, the rental Rent payable by the Tenant shall ▇▇▇▇▇ in be proportionately reduced to the proportion extent that the injured parts bears Premises are rendered untenantable or inaccessible, from the date of the casualty until substantial completion by the Landlord of its repairs as described in 10.1 above. Notwithstanding the foregoing, if the Damage is due to the whole Premisesfault or neglect of Tenant or its employees, and such part so injured agents, or invitees, or if the Tenant continues to utilize the Premises there shall be restored by Landlord no abatement of Rent. The Tenant shall effect its own repairs as speedily soon as practicablepossible after completion of the Landlord’s repairs. Furthermore, after which notwithstanding anything to the full rent contrary set forth herein, there shall recommence and be no abatement or reduction of Rent where the Agreement continue according Landlord’s repairs to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five take less than fifteen (4515) days before to complete after the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesDamage occurs.

DAMAGE TO PREMISES. In (a) If the event the Premises are destroyed Property or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a any portion of the Premises thereby be rendered un-tenantableProperty to which Landlord is required to make repairs, maintenance or replacements pursuant to the terms hereof is damaged by fire or other casualty, then, except as provided below, the Landlord damage shall have be promptly repaired by and at the option expense of either repairing Landlord. Until such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portionrepairs and restoration are completed, the rental Base Rent, Real Estate Taxes and Maintenance and Operating Expenses shall ▇▇▇▇▇ in the proportion that the injured parts bears be equitably abated to the whole Premisesextent that damage to the Premises and/or other portions of the Property materially adversely interferes with the conduct of Tenant’s business. If such damage to the Property or any portion thereof, and such part so injured for which Landlord is required to make repairs, maintenance or replacements, shall be restored by Landlord as speedily as practicable, after which materially adversely interfere with the full rent shall recommence conduct of Tenant’s business and the Agreement continue according parties agree that such damage shall not be susceptible of complete repair and restoration within one hundred twenty (120) days after the occurrence of such casualty, then Landlord or Tenant may, by written notice to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to floodother, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of terminate this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations Lease as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale"date of occurrence of such damage, "for rent" or "vacancy" signs on the Premises at any time provided such notice is given within forty- forty-five (45) days before after the expiration date of such casualty. If such damage shall be the responsibility of Landlord and can be repaired within one hundred twenty (120) days and Landlord fails to repair or restore such damage within such period, then Tenant may terminate this Lease by thirty (30) days’ prior written notice to Landlord, in addition to all other remedies Tenant may have under this Lease, at law or in equity. The parties agree to cooperate with each other to process the release of the insurance proceeds for the aforementioned repair purposes. In the event of the termination of this Lease pursuant to this Section 10, Base Rent, Real Estate Taxes and Maintenance and Operating Expenses shall be prorated as of the date of such termination. (b) Landlord and Tenant do each hereby release and discharge the other party and any officer, agent, employee or representative of such party from any claim, suit, action, and liability for any and all loss of, or damage to, any of its property located within or upon or constituting a part of the Premises (including the Building) or the Property, to the extent that such loss or damage is recovered or should have been recovered under an insurance policy or policies required by the terms of this Lease. The Each party agrees to require its insurers to issue policies containing such provisions and a waiver of the right of entry subrogation. Landlord and Tenant shall likewise exist for provide notice to the purpose other party to the extent either of removing placards, signs, fixtures, alterations or additions, but their respective policies do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisescontain such a required waiver of claims and right of subrogation.

DAMAGE TO PREMISES. In (A) If the event the Premises are destroyed or rendered wholly un-tenantable building shall be damaged by fire, stormthe elements, earthquakeunavoidable accident or other casualty, then, subject to the provisions below, Landlord shall cause the damage to be repaired. In doing so, Landlord shall commence its repairs promptly and diligently proceed with same, but in no event shall Landlord be required to incur costs in excess of the net insurance proceeds received by Landlord. (B) If the building shall be so damaged or destroyed as to require substantially a rebuilding thereof, or other casualty not caused if any partial damage or destruction shall be such as would render the premises untenantable for a period in excess of one hundred fifty (150) days, either party shall have the right to cancel this Lease by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up written notice to the time of such injury or destruction other served within thirty (30) days after the occurrence, effective as of the Premisesoccurrence. Upon such termination, Tenant paying rentals up to such date ass Rent and Landlord refunding rentals collected beyond such date. Should a portion Additional Rent shall be apportioned as of the Premises thereby be rendered un-tenantabledate of the occurrence. (C) If more than 50% of the square footage of the entire Shopping Center (inclusive of office space) is damaged and whether or not tenants' premises are damaged, the Landlord shall have the option right to terminate this Lease by notice in writing to Tenant and thereafter there shall be no further liability between the parties. (D) Tenant shall immediately notify Landlord in case of either repairing such injured fire or damaged portion other damage to the premises. (E) The repair and restoration of any damage to the property of Tenant or terminating this Lease. to the decorations and/or Alterations of Tenant shall not be the responsibility of Landlord. (F) In the event that Landlord exercises any damage or destruction to the building renders the premises untenantable, all rent shall be abated during such period of untenantability, except if the damage or destruction shall be due to the negligence or misconduct of Tenant, its right agents or employees. If any such damage or destruction renders the premises partially untenantable, all rent shall be equitable apportioned, subject to repair such unthe above-tenantable portionstated exception. For purposes of this paragraph (F), the rental word "rent" shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or not included any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations Additional Rent as may be deemed appropriate due from Tenant by Landlord for the preservation reason of the Premises default by Tenant under any term, covenant or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration condition of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In the event (a) If any portion of the Premises are destroyed is damaged by fire or rendered wholly un-tenantable by fire, storm, earthquakeother casualty, or other casualty not caused by if the negligence Building is damaged such that Tenant is deprived of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up reasonable access to the time of such injury or destruction any portion of the Premises, Tenant paying rentals up shall promptly give notice to such date and Landlord refunding rentals collected beyond such dateLandlord. Should a portion If fifty percent (50%) or more of the Premises thereby or fifty percent (50%) or more of the Building is damaged, Landlord shall not be rendered unrequired to repair the Premises or the Building, provided Landlord gives notice to Tenant within sixty (60) days after such damage, of its intention not to repair the damage ("Notice of Non-tenantableRestoration"). If Landlord delivers a Notice of Non-Restoration to Tenant as provided above, this Lease shall terminate ten (10) days after Tenant's receipt thereof. (b) If less than fifty percent (50%) of the Premises or less than fifty percent (50%) of the Building is damaged or if the common areas of the Building are damaged so as to deny Tenant access to the Premises, or if Landlord does not deliver a Notice of Non-Restoration to Tenant as provided above, (i) Landlord shall repair the Premises and/or the Building, as applicable, at Landlord's expense, to substantially the condition of the Building and/or Premises prior to the damage, provided that Landlord shall not be required to repair or replace any of Tenant's fixtures or equipment in the Premises or any Improvements made by or for Tenant, and (ii) as soon as is reasonably practicable, and in any event not more than sixty (60) days after the date of any such damage to the Premises and/or the Building, Landlord shall give notice (the "Restoration Notice") to Tenant of the date by which Landlord reasonably estimates the restoration of the Premises shall be substantially completed. If the damage does not interfere with Tenant's use of the Premises, there shall be no abatement of Base Rent or Additional Rent. If the damage deprives Tenant of the use of less than all of the Premises, the Landlord Base Rent and Additional Rent shall have be abated by the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion percentage that the injured parts unusable rentable area of the Premises bears to the whole total rentable area thereof, for the period commencing with the damage and ending with substantial completion by Landlord of the repairs. If the damage makes it impossible for Tenant to carry on its business at all in the Premises, then all Base Rent and such part so injured Additional Rent shall be restored abated in full during the period commencing with the damage and ending with substantial completion by Landlord as speedily as practicable, after which of the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents repairs. (c) Tenant shall have the right at all reasonable times to terminate the Lease by delivering a notice of termination to Landlord, which shall be effective 10 days after delivery thereof, if (i) Landlord estimates in the Restoration Notice that the damage to the Premises and/or Building will require more than 180 days from the date of the damage to repair, provided Tenant's notice of termination is delivered to Landlord within thirty (30) days of Tenant's receipt of the Restoration Notice, or (ii) the repair of the damage is not substantially completed within thirty (30) days after the date by which, in the Restoration Notice, Landlord estimates the restoration of the Premises shall be substantially completed, provided Tenant's notice of termination is delivered to Landlord upon the end of said thirty day period. If the Lease is terminated as provided herein, Tenant shall be released from liability for Base Rent and Additional Rent for any period after such termination is effective. (d) Notwithstanding anything set forth in this Paragraph 24 to the contrary, in the event that, during the term final twelve (12) months of the Lease Term, more than thirty-three percent (33%) of the Premises is damaged and thereby rendered untenantable or not reasonably usable by Tenant for its business purposes, either Landlord or Tenant may terminate this Lease by notice to the other party within thirty (30) days after the occurrence of such damage, and this Lease shall terminate on the date of such notice if timely given. For purposes of this Agreement and any renewal thereof Paragraph 24 (d), the Premises shall be deemed wholly untenantable or unusable if, due to enter such damage, Tenant shall be precluded from using more then thirty-three percent (33%) of the Premises for the purpose conduct of inspecting its business, and Tenant's inability to so use the Premises is reasonably expected to continue until at least the ninetieth (90th) day after the date on which such damage occurred. (e) Notwithstanding anything herein to the contrary, Tenant shall have the right to terminate this Lease, and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may Landlord shall not be deemed appropriate by Landlord for the preservation of obligated to restore the Premises or the building. Landlord Building, and its agents shall further have the right to exhibit terminate this Lease, if zoning or other applicable laws or regulations do not permit such repair and restoration. (f) Tenant shall have the Premises rights of' abatement and to display the usual "termination for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45Interruption of services provided in Paragraph 8(o) days before the expiration of this Lease. The right , notwithstanding the foregoing provisions of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the PremisesParagraph 24.

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

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

DAMAGE TO PREMISES. In It is understood and agreed that, notwithstanding the event other provisions of this Lease, should the Premises are at any time be partially or wholly destroyed or rendered wholly un-tenantable damaged by fireany cause whatsoever or should demolition of the Premises be necessitated thereby or should the Premises become unfit for occupancy by Tenant: .1 subject as hereinafter provided in this section 11.1, stormLandlord shall, earthquake, or other casualty not caused to the extent of the insurance proceeds available for reconstruction and actually received by Landlord from its insurers following an election by the negligence Mortgagee to apply all or any portion of such insurance proceeds against the debt owing to the Mortgagee as the case may be, reconstruct the Premises in accordance with Landlord’s obligations to repair under the provisions of section 7.2 hereof. Upon substantial completion of Landlord’s work, Landlord shall notify Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction shall forthwith commence and expeditiously complete reconstruction and repair of the Premises, Tenant paying rentals up Leasehold Improvements and Trade Fixtures in accordance with Tenant’s obligations to repair under the provisions of section 7.1 hereof; .2 rent shall not ▇▇▇▇▇ unless the Premises are rendered wholly or partially unfit for occupancy by such date occurrence and Landlord refunding rentals collected beyond in such date. Should a portion event Rent, as of the Premises thereby be rendered un-tenantable, the Landlord shall have the option date of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental occurrence shall ▇▇▇▇▇ proportionately as to the portion of the Premises rendered unfit for occupancy, but only for the period and to the extent that proceeds of rental insurance are actually received by Landlord, or if earlier, only until 30 days following receipt by Tenant of Landlord’s notice given to Tenant as provided in subsection 11.1.1 hereof, at which time Rent shall recommence; .3 if, in the proportion that opinion of the injured parts bears Architect, such opinion to be given to Landlord and Tenant within 30 days of the whole Premisesdate of such damage, the Premises cannot be repaired and made fit for occupancy within 180 days next following any occurrence, or if 30% or more of the Premises are damaged or destroyed, or, if such damage occurs during the last 2 years of the Term, Landlord may, by written notice to Tenant within 30 days of receipt of such opinion of the Architect, or within 30 days after the occurrence of such damage where such damage occurs during the last 2 years of the Term, terminate this Lease and Rent shall cease and be adjusted as of the date of such occurrence, and such part so injured Tenant shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting immediately vacate the Premises and all buildings and improvements thereon. And for the purposes of making any repairssurrender same to Landlord; .4 in no event, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration including termination of this Lease. The right Lease in accordance with the provisions of entry subsection 11.1.3 hereof, shall likewise exist Landlord be liable to reimburse Tenant for the purpose damage to, or replacement or repair of removing placardsany Leasehold Improvements, signs, fixtures, alterations Trade Fixtures or additions, but do not conform to this Agreement or to of any restrictions, rules or regulations affecting the PremisesTenant Property.

DAMAGE TO PREMISES. In the event (a) If the Premises are destroyed or rendered untenantable, either wholly un-tenantable or in part, by fire, storm, earthquake, fire or other casualty not ("Casualty"), Tenant will immediately notify Landlord in writing upon the occurrence of such Casualty. Landlord may elect either to (i) repair the damage caused by such casualty as soon as reasonably possible, in which case this Lease will remain in full force and effect, or (ii) terminate the negligence Lease Term as of the date the Casualty occurred. Landlord will notify Tenant within 30 days after receipt of notice of the Casualty whether Landlord elects to repair the damage or terminate the Lease Term. If Landlord elects to repair the damage, Tenant will pay Landlord Tenant's Pro Rata Share of the deductible amount (which deductible shall not exceed $25,000) under Landlord's insurance allocable to the damage to the Premises and, if the damage was due to an act or omission of Tenant or its employees, agents, contractors or invitees, the difference between the actual cost of repair and any insurance proceeds received by Landlord. (b) If (i) based on the estimate of Landlord's architect or contractor, it will take Landlord more than 9 months to rebuild the Premises or (ii) the Casualty occurs during the last 6 months of the Lease Term and the damage is estimated by Landlord to require more than 30 days to repair, Tenant may elect to terminate the Lease Term as of the date the Casualty occurred, which must be exercised by written notification to Landlord within 10 days after the occurrence of the Casualty. (c) If the Property is destroyed or damaged by Casualty and Landlord elects to repair or restore the Property pursuant to the provisions of this Agreement shall terminate from Article 10, any Rent payable during the period of such time except for damage, repair and/or restoration will be reduced according to the purpose degree, if any, to which Tenant's use of enforcing the Premises is impaired. (d) The provisions of this Article 10 will govern the rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between obligations of Landlord and Tenant up in the event of any damage or destruction of or to the time Property. Tenant waives the protection of such injury any statute, code or judicial decision which grants a tenant the right to terminate a lease in the event of the damage or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisesleased property.

DAMAGE TO PREMISES. A. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up any damage to the time of such injury or destruction of the Premises, any Improvements thereon, or any other State property caused in whole or in part by Tenant, its contractors, agents, servants, employees, or invitees arising in whole or in part from Tenant's failure to implement Sound Farming and Conservation Practices (hereinafter collectively referred to as "damage"), Tenant paying rentals up shall, at Tenant's sole cost and expense, promptly repair such damage. All determinations as to whether Tenant has implemented Sound Farming and Conservation Practices shall be made by Landlord in consultation with NRCS or the appropriate Soil Conservation District, and if a Farm Conservation Plan has been approved for the Premises, the determination shall be made on the basis of such date and approved Plan. If Landlord refunding rentals collected beyond determines that such date. Should a portion damage should not be repaired, Tenant shall be responsible to Landlord for the diminution in value of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this LeasePremises. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental shall ▇▇▇▇▇ ▇▇, fails to comply with ▇▇▇▇▇▇'s obligations under this Paragraph after receiving written notice of damage, Landlord may terminate this Lease pursuant to Paragraph 24 (“Termination”) or, in the proportion that the injured parts bears to the whole Premisesits sole discretion, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting upon the Premises and perform such work as Landlord determines is necessary to correct said damage. Tenant shall, after written demand therefor by Landlord, reimburse Landlord for all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate costs incurred by Landlord in performance of such work. Landlord shall not be liable to Tenant or any person claiming by or through Tenant for any loss occasioned by the preservation damage or destruction of the Premises and/or any Improvements thereon. This Lease shall not be construed to require or the building. obligate Landlord and its agents shall further have the right to exhibit cause any damage to the Premises and to display be repaired for the usual "for sale", "for rent" or "vacancy" signs on benefit of Tenant. B. All repairs by Tenant of Damage to the Premises at and/or any time within forty- five (45) days before other State property comprising part of the expiration of this LeaseState Park shall be completed in accordance with plans and specifications submitted to and approved by Landlord. The right of entry parties shall likewise exist for comply with all the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform requirements and procedures set forth in Paragraph 9 hereof to this Agreement or to any restrictions, rules or regulations affecting the Premisessame extent as though the repair is an Improvement.

DAMAGE TO PREMISES. In the event If the Premises are destroyed or rendered wholly un-tenantable shall be damaged by fire, stormthe elements, earthquake, unavoidable accident or other casualty casualty, but are not caused thereby rendered untenantable in whole or in part, Landlord shall promptly at its expense cause such damage to be repaired, and rent shall not be abated. If by reason of such occurrence the negligence of TenantPremises shall be rendered partially untenantable, this Agreement Landlord shall terminate from such time except promptly at its own expense cause the damage to be repaired, and rent meanwhile shall be abated for the purpose period of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up untenantability in proportion to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantableuntenantable. If by reason of such occurrence all of the Premises are rendered untenantable, the Landlord shall have promptly at its expense cause the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right damage to repair such un-tenantable portionbe repaired, the rental and rent shall ▇▇▇▇▇ in until the proportion Premises are again tenantable, unless within ten (10) days after said occurrence Landlord shall give Tenant written notice that the injured parts bears estimated time necessary to reconstruct the destroyed Premises is in excess of sixty (60) days after commencement of reconstruction and Tenant elects to terminate this lease by written notice to Landlord given within fifteen (15) days after receipt of Landlord’s notice. If so terminated, this lease and the tenancy hereby created shall cease as of the date of casualty and all rent shall be abated as of such date. Landlord shall not be obligated to reconstruct or repair the Building or Premises only to the whole extent insurance proceeds have been received with respect to the event causing the damage. Landlord shall not be required to repair, replace or insure any property which the Tenant may be entitled to remove from the Premises. No damages, and such part so injured compensation or claims shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate payable by Landlord for the preservation inconvenience, loss of business or other consequential damages arising from any casualty, maintenance, repair or restoration of the Premises Premises, Building or Project. All rent paid in advance shall be apportioned in accordance with the building. Landlord and foregoing provisions as of the date of damage; however, if the damage results wholly or in part from the fault of Tenant, its agents agents, contractors, employees or invitees, Tenant shall further have the right not be entitled to exhibit the Premises and to display the usual "for sale", "for termination or any abatement or reduction in rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

DAMAGE TO PREMISES. In the event If the Premises are at any time destroyed or rendered wholly un-tenantable by fire, storm, earthquake, damaged as a result of fire or any other casualty not caused required to be insured against by the negligence of Tenant, Landlord under this Agreement Lease or otherwise insured against by the Landlord xxxx xxx xxxxxx xx xx xx xxx xxxxxxxx then the following provisions shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of apply: (a) if the Premises thereby be are rendered un-tenantableuntenantable only in part, the Landlord shall have diligently repair the option Premises to the extent only of either repairing such injured or damaged portion or terminating this Leaseits obligations under Section 5.01 and xxxxx, PROVIDED THE LANDLORD, OR ITS ASSIGNEE OF INSURANCE PROCEEDS, RECEIVES SUFFICIENT FUNDS UNDER ITS RENTAL INCOME INSURANCE IT IS REQUIRED TO OBTAIN PURSUANT TO SECTION 6.05(b). In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Rent shall ▇▇▇▇▇ proportionately to the portion of the Premises rendered untenantable from the date of destruction or damage until the Landlord's repairs have been completed AND THE TENANT'S REPAIRS HAVE BEEN COMPLETED SUBJECT TO SECTION 7.02(d); (b) if the Premises are rendered wholly untenantable, the Landlord shall diligently repair the Premises to the extent only of its obligations pursuant to Section 5.01 and xxxxx, PROVIDED THE LANDLORD, OR ITS ASSIGNEE OF INSURANCE PROCEEDS, RECEIVES SUFFICIENT FUNDS UNDER ITS RENTAL INCOME INSURANCE IT IS REQUIRED TO OBTAIN PURSUANT TO SECTION 6.05(b). Rent shall ▇▇▇▇▇ entirely from the date of destruction or damage until the Landlord's repairs have been completed AND THE TENANT'S REPAIRS HAVE BEEN COMPLETED SUBJECT TO SECTION 7.02(d); (c) if the Premises are not rendered untenantable in whole or in part, the proportion Landlord shall diligently perform such repairs to the Premises to the extent only of its obligations under Section 5.01, but in such circumstances xxxxx Rent shall not terminate or ▇▇▇▇▇; (d) upon being notified by the Landlord that the injured parts bears Landlord's repairs have been substantially completed, the Tenant shall WITHIN NINETY (90) DAYS (AS SUCH PERIOD MAY BE EXTENDED BY THE DURATION OF ANY DELAY CONTEMPLATED BY SECTION 11.02), diligently perform all repairs to the whole Premises, Premises which are the Tenant's responsibility under Section 5.02xxx and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according all other work required to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter fully restore the Premises for use in the purpose of inspecting Tenant's business, in every case at the Premises Tenant's cost and all buildings and improvements thereon. And for without any contribution to such cost by the purposes of making any repairsLandlord, additions whether or alterations as may be deemed appropriate by not the Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises has at any time within forty- five (45) days before made any contribution to the expiration cost of this Lease. The right supply, installation or construction of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting Leasehold Improvements in the Premises; (e) nothing in this Section shall require the Landlord to rebuild the Premises in the condition which existed before any such damage or destruction so long as the Premises as rebuilt will have reasonably similar facilities to those in the Premises prior to such damage or destruction, having regard, however, to the age of the Building at such time; and (f) PROVIDED THE LANDLORD HAS OBTAINED INSURANCE AS REQUIRED PURSUANT TO SECTION 6.05(a), nothing in this Section shall require the Landlord to undertake any repairs having a cost in excess of the insurance proceeds actually received by the Landlord with respect to such damage or destruction.

DAMAGE TO PREMISES. a. Should the Demised Premises, (or any part thereof), be damaged or destroyed by fire or other casualty insured under the standard fire and casualty insurance policy with approved standard extended coverage endorsement applicable to the Demised Premises, Lessor shall, except as otherwise provided herein, and to the extent it recovers proceeds from such insurance, repair and/or rebuild the same with reasonable diligence. Lessor’s obligation hereunder shall be limited to the building and improvements originally provided by Lessor when the Demised Premises were originally constructed and the insurance carried by Lessor shall be held in trust by Lessor for such purposes. Lessor shall not be obligated to repair, rebuild or replace any property belonging to Lessee or any improvements to the Demised Premises furnished by Lessee. Unless this lease is terminated by Lessor as hereinafter provided, Lessee shall, at its cost and expense, repair, restore, redecorate and refixture the Demised Premises and restock the contents thereof in a manner and to at least a condition equal to that existing prior to such damage or destruction, except for the building and improvements to be reconstructed by Lessor as above set forth, and the proceeds of the insurance carried by Lessee on the property, decorations and improvements as well as fixtures and contents in the Demised Premises shall be held in trust by Lessee for such purposes. In the event the Demised Premises are completely or partially destroyed or rendered wholly un-tenantable so damaged by fire, storm, earthquake, fire or other casualty and this lease is not caused terminated as hereinafter provided, there shall be abatement of rent; it being understood and agreed that the Lessee shall, at its sole discretion, cost and expense, procure necessary insurance to protect itself against any interruption of its business. b. Notwithstanding anything to the contrary contained in the preceding Section “A” or elsewhere in this lease, Lessor, at its option, may terminate this Lease on thirty (30) days notice to Lessee, given within ninety (90) days after the occurrence of any damage or destruction if: (1) The Demised Premises be damaged or destroyed as a result of a risk which is not covered by the negligence of TenantLessor’s insurance, this Agreement shall terminate from such time except for or; (2) The Demised Premises be damaged and the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered un-tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right cost to repair such un-tenantable portion, the rental same shall ▇▇▇▇▇ in be more than the proportion that the injured parts bears to the whole Premisescost of replacement thereof, and such part so injured shall there be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according insufficient insurance proceeds to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty- five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premisescover said costs.

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

DAMAGE TO PREMISES. In the event If the Premises are at any time destroyed or rendered wholly un-tenantable by fire, storm, earthquake, damaged as a result of fire or any other casualty required to be insured against by the Landlord under this Lease or otherwise insured against by the Landlord and not caused or contributed to by the negligence of Tenant, this Agreement then the following provisions shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of apply: (a) if the Premises thereby be are rendered un-tenantableunTenantable only in part, the Landlord shall have diligently repair the option Premises to the extent only of either repairing such injured or damaged portion or terminating its obligations under Section 7.1 of this Lease. In the event that Landlord exercises its right to repair such un-tenantable portion, the rental Lease and Net Rent shall ▇▇▇▇▇ proportionately to the portion of the Premises rendered unTenantable from the date of destruction or damage until the Landlord's repairs have been completed; (b) If the Premises are rendered wholly unTenantable, the Landlord shall diligently repair the Premises to the extent only of its obligations pursuant to Section 7.1 of this Lease and Net Rent shall ▇▇▇▇▇ entirely from the date of destruction or damage to such date which is the earlier of (i) the date useable, or (ii) thirty (30) days after Landlord's repairs have been completed; (c) if the Premises are not rendered unTenantable in whole or in part, the proportion Landlord shall diligently perform such repairs to the Premises to the extent only of its obligations under Section 7.1 of this Lease but in such circumstances Net Rent shall not terminate or ▇▇▇▇▇; (d) upon being notified by the Landlord that the injured parts bears Landlord's repairs have been substantially completed, the Tenant shall diligently perform all repairs to the whole PremisesPremises which are the Tenant's responsibility under Section 7.2 of this Lease, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according all other work required to its terms. It is the sole responsibility of tenant to properly insure personal items from loss due to flood, fire, storm, theft, earthquake, or any other unnatural or natural disaster. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter fully restore the Premises for use in the purpose of inspecting Tenant's business, in every case at the Premises Tenant's cost and all buildings and improvements thereon. And for without any contribution to such cost by the purposes of making any repairsLandlord, additions whether or alterations as may be deemed appropriate by not the Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises has at any time within forty- five (45) days before made any contribution to the expiration cost of this Lease. The right supply, installation or construction of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting Leasehold Improvements in the Premises; and ================================================================================ (e) nothing in this Section 9.2 shall require the Landlord to rebuild the Premises in the condition which existed before any such damage or destruction so long as the Premises as rebuilt will have reasonably similar facilities to those in the Premises prior to such damage or destruction, having regard, however, to the age of the Building at such time.