Common use of Damage to Property Clause in Contracts

Damage to Property. (a) The Parties agree that if the Property or any part thereof shall at any time during the Rental Term be destroyed or damaged by fire, lightning or civil commotion or any other unforeseen cause (except other cause arising from the default or negligence of the Tenant) so as to render the Property or any part thereof unfit for occupation and use for a period exceeding fourteen (14) days, the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlord, in its sole discretion thinks fit. (b) In the event of the Landlord decides to rebuild and to reinstate the Property (provided the monies payable under policy of insurance effected by the Landlord shall not have become revocable through any act or default of The Tenant) the Rental or a fair proportion thereof according to the nature of and extent of the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and use. (c) In the event the Landlord decides not to rebuild or reinstate the Property then this Agreement shall be terminated from the happening of such destruction or damage as aforesaid and the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits paid by the Tenant pursuant to this Agreement free of interest within fourteen (14) days from the date of receipt by the Tenant of such notice in writing from the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breach.

Damage to Property. Seller agrees to give Purchaser prompt notice of any fire or other casualty affecting the Land, the Improvements, or the Personal Property between the Effective Date and the Closing. (a) The Parties agree that if If, before Closing, the Property is damaged (i) by an insured fire or other casualty that would cost One Million and no/100 Dollars ($1,000,000.00) or more to repair, (ii) by an uninsured casualty that Seller is unwilling or unable to repair on or before Closing, (iii) which causes access to or parking on the Property to be materially and adversely affected, (iv) which results in the Property violating any laws or failing to comply with zoning or any part thereof shall covenants, conditions or restrictions affecting the Property, or (v) which gives rise to a right on behalf of any tenant under a Tenant Lease to terminate its Tenant Lease (collectively, a “Major Casualty”), then Purchaser may, at any time during its option, elect to terminate this Agreement by written notice to Seller within twenty (20) days after the Rental Term be destroyed or damaged by fire, lightning or civil commotion or any other unforeseen cause (except other cause arising from the default or negligence date of Seller’s notice to Purchaser of the Tenant) so casualty or at the Closing, whichever is earlier, in which case the ▇▇▇▇▇▇▇ Money shall be refunded to Purchaser, and neither party shall have any further rights or obligations under this Agreement, other than rights and obligations that expressly survive termination. If Purchaser fails to timely makes its election to terminate this Agreement pursuant to this Section 16 and the casualty is insured, then the Closing shall take place as provided herein, the Sales Price shall be reduced by an amount equal to render Seller’s deductible under its insurance policies, and Seller shall assign to Purchaser at the Closing all of Seller’s interest in and to any casualty insurance proceeds that may be payable to Seller on account of the occurrence, including, to the extent assignable, the proceeds of any business interruption or loss of rental insurance. If Purchaser fails to timely makes its election to terminate this Agreement pursuant to this Section 16 and the casualty is uninsured, then the Closing shall take place as provided herein, Purchaser shall accept the Property or any part thereof unfit for occupation in its condition at Closing and use for a period exceeding fourteen (14) days, the Landlord Sales Price shall not be bound or compelled to rebuild or reinstate the same unless the Landlord, in its sole discretion thinks fitreduced. (b) In If, before Closing, the event Property is damaged by a fire or other casualty that is not a Major Casualty or if an uninsured casualty and Seller repairs the damage before Closing, then Purchaser may not terminate this Agreement, and if the casualty is insured, the Sales Price shall be reduced by an amount equal to Seller’s deductible under its insurance policies, and Seller shall assign to Purchaser at the Closing all of Seller’s interest in and to any casualty insurance proceeds that may be payable to Seller on account of the Landlord decides to rebuild and to reinstate the Property (provided the monies payable under policy of insurance effected by the Landlord shall not have become revocable through any act or default of The Tenant) the Rental or a fair proportion thereof according occurrence, including, to the nature extent assignable, the proceeds of and extent any business interruption or loss of the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and userental insurance. (c) In Seller and Purchaser both agree to use the event Seller’s insurance adjuster’s assessment to determine the Landlord decides not to rebuild or reinstate the Property then this Agreement shall be terminated from the happening amount of such destruction or damage as aforesaid and the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits paid by the Tenant pursuant to this Agreement free of interest within fourteen (14) days from the date of receipt by the Tenant of such notice in writing from the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breachdamages.

Damage to Property. (aA) The Parties agree that if Promptly upon obtaining knowledge of any damage to the Property or any part thereof with an estimated cost of restoration in excess of Fifty Thousand Dollars ($50,000), but in no event later than ten (10) days after Borrower obtains such knowledge, Borrower shall notify Lender of such damage in writing. Borrower shall diligently restore the Property to the same condition that existed immediately prior to the damage whether or not insurance proceeds are sufficient for such restoration. All proceeds of any insurance on the Property ("Insurance Proceeds") received by Borrower shall be applied to such restoration. Lender shall have the right to obtain an opinion of an independent contractor or engineer satisfactory to Lender, at any time during Borrower's expense, to estimate the Rental Term cost to restore the Property to its original condition, which opinion may be destroyed or damaged by fire, lightning or civil commotion or any other unforeseen cause (except other cause arising from revised as restorations are made. If the default or negligence amount of the Tenant) so as Insurance Proceeds is not sufficient to render restore the Property based on an independent contractor's or engineer's opinion, subject to revision as restorations are made, Borrower shall be obligated to pay the difference toward the restoration of the Property, prior to the application of any part thereof unfit Insurance Proceeds to such restoration as provided herein. (B) If the estimated cost of restoration is equal to or less than One Hundred Fifty Thousand Dollars ($150,000), Borrower shall promptly settle and adjust any claims under the insurance policies which insure against such risks and, upon receipt of the Insurance Proceeds, Lender shall deliver such to Borrower for occupation use in restoration of the Property. (C) If the estimated cost of restoration is greater than One Hundred Fifty Thousand Dollars ($150,000), Lender shall have the right, but not the obligation, to participate in the settlement of the insurance claims and use for a period exceeding fourteen (14) days, the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlordmay, in its sole discretion thinks fit. (b) In discretion, consent or withhold its consent to any settlement, adjustment, or compromise of such insurance claims and no such settlement, adjustment, or compromise shall be final or binding upon Lender without its prior consent. Upon settlement of insurance claims, and if Borrower can demonstrate to the event reasonable satisfaction of Lender that the Landlord decides projected ratio of Net Operating Income, as defined below, to rebuild annual debt service due under the Note and to reinstate any other notes secured by the Property (provided "Debt Coverage Ratio") will be at least one hundred five percent (105%) for the monies payable under policy of insurance effected by the Landlord shall not have become revocable through any act or default of The Tenanttwelve (12) the Rental or a fair proportion thereof according to the nature of and extent of the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and use. (c) In the event the Landlord decides not to rebuild or reinstate the Property then this Agreement shall be terminated from the happening of such destruction or damage as aforesaid and the months immediately following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession reconstruction of the Property; (ii) , the Landlord shall refund to the Tenant the Rental Deposits paid by the Tenant pursuant to this Agreement free of interest within fourteen (14) days from the date of receipt by the Tenant of such notice in writing from the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis Insurance Proceeds shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other deposited into an escrow fund in respect of or arising out of this Agreement save and except for any antecedent breachaccordance with Section 1.05 below.

Damage to Property. (a) The Parties agree that if If before the Property Closing one or more of the Facilities is materially or adversely affected in any part thereof shall at way as a result of any time during the Rental Term be destroyed or damaged by fire, lightning flood, earthquake, similar acts of nature or civil commotion other acts of destruction which involves damage requiring repair and restoration costs of less than or any other unforeseen cause equal to Five Hundred Thousand and No/100 Dollars (except other cause arising from $500,000.00), the default or negligence parties shall be obligated to proceed with the Closing. In that event, if (A) the amount of the Tenant) so as to render the Property or any part thereof unfit insurance proceeds available for occupation and use for a period exceeding fourteen (14) days, the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlord, in its sole discretion thinks fit. (b) In the event of the Landlord decides to rebuild and to reinstate the Property (provided the monies payable under policy of insurance effected by the Landlord shall not such loss have become revocable through any act or default of The Tenant) the Rental or a fair proportion thereof according been determined prior to the nature of and extent of Closing Date, then the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and use. (c) In the event the Landlord decides not to rebuild or reinstate the Property then this Agreement shall be terminated from the happening of such destruction or damage as aforesaid and the following shall ensue: difference between (i) the Tenant shall peaceable cost of repairing and quietly surrender restoring such Facilities and yield up possession of the Property; (ii) the Landlord total amount of insurance proceeds payable with respect to such material adverse change (the “Casualty Adjustment Amount”) shall refund be treated as a “cost” which is charged to Extra Space for purposes of determining the Extra Space Distribution Amount pursuant to Section 2.2.2 above, or (B) the amount of the insurance proceeds available for such loss have not been determined prior to the Tenant Closing Date, then the Rental Deposits paid by right to receive such insurance proceeds shall be assigned to HSRE-ESP or the Tenant title holder of the applicable property, and Extra Space shall pay the Casualty Adjustment Amount to HSRE-ESP within ten (10) days after such amount has been determined. If the material or adverse change involves damage requiring repair and restoration costs in excess of Five Hundred Thousand and No/100 Dollars ($500,000.00) or more (a “Major Event”), the parties shall proceed to Closing with the Facilities being transferred in their un-restored condition together with any insurance proceeds or the right to receive such insurance proceeds, and the rights to any other claims arising as a result of such material or adverse change, in which event, the amount of any “deductible” from the insurance proceeds payable with respect to such material or adverse change shall be treated as a “cost” which is charged to Extra Space for purposes of determining the Extra Space Distribution Amount pursuant to Section 2.2.2 above; provided, however, that HSRE shall have the right, exercisable within twenty (20) days of the occurrence of such Major Event, to terminate this Agreement free (and if such Major Event results in uninsured repair and restoration costs in excess of interest within fourteen (14) days from the date of receipt by the Tenant of such notice in writing from the Landlord $500,000, either Extra Space or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto HSRE shall have any the right to so terminate this Agreement), in which event, except as specifically provided otherwise in this Agreement, the parties shall have no further claims, actions or proceedings against the obligations to each other in respect of or arising out of under this Agreement save and except for any antecedent breachAgreement.

Damage to Property. (a) The Parties agree that if If the Property Building, or any material part thereof thereof, shall at any time during the Rental Term be destroyed or damaged by firefire or other casualty, lightning Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or civil commotion or any other unforeseen cause (except other cause arising from the default or negligence reconstruction of the Building shall, in Landlord’s reasonable opinion after consultation with Tenant, be required or in the event any mortgagee of Landlord’s should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying the Tenant in writing of such termination within ninety (90) so days after the date of such casualty. If Landlord does not elect to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to restore the Building to substantially the same condition in which it was immediately prior to the occurrence of the casualty, except that Landlord’s obligation to restore shall not exceed the scope of the work required to be done by Landlord in originally constructing the Building and installing improvements in the Building, nor shall Landlord be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as to render a result of the Property or any part thereof unfit for occupation and use for a period exceeding fourteen (14) days, the casualty. Landlord shall not be bound liable for any inconvenience or compelled annoyance to rebuild Tenant or reinstate injury to the same unless business of Tenant resulting in any way from such damage or the Landlordrepair thereof. Until such repairs and restoration are completed, all Rent is abated in proportion to the portion of the Building which is untenantable or inaccessible by Tenant in the conduct of its sole discretion thinks fit. (b) business. In the event of the Landlord decides is unable to rebuild complete all repair and to reinstate the Property restoration within three hundred sixty-five (provided the monies payable under policy of insurance effected by the Landlord shall not have become revocable through any act or default of The Tenant365) the Rental or a fair proportion thereof according to the nature of and extent of the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and use. (c) In the event the Landlord decides not to rebuild or reinstate the Property then this Agreement shall be terminated from the happening of such destruction or damage as aforesaid and the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits paid by the Tenant pursuant to this Agreement free of interest within fourteen (14) days from after the date of receipt such fire or casualty, Tenant may terminate this Lease upon written notice to Landlord. If any such damage causes any portion of the Building to become unusable or inaccessible by Tenant in the Tenant conduct of such notice in writing from its business during the last year of the then existing Term of this Lease, either Landlord or the Landlord’s solicitors Tenant may, on thirty (failing which interest interest at the rate of ten per centum ( 10%30) per annum calculated on a daily basis shall be payable days’ notice to the Tenant until full settlement thereof); and (iii) thereafterother, terminate this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breachLease.

Damage to Property. (a) The Parties agree that if All injury, breakage or damage to the Property Demised Premises, the building Premises, the Property, or any part thereof shall at any time during the Rental Term be destroyed caused by or damaged by fire, lightning or civil commotion or any other unforeseen cause (except other cause arising from the default or any willful negligence of Lessee, its agents, employees, contractors, servants, permitted sub Lessees or assignees, invitees, or licensees, or by persons or individuals making deliveries to or from the Tenant) so Demised Premises, shall be repaired by Lessee as to render the Property or any part thereof unfit for occupation and use for a period exceeding fourteen (14) days, the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlord, in its sole discretion thinks fit. (b) expense of Lessee. In the event that Lessee shall fail to do so, then Lessor shall have the right to make such necessary repairs, alterations and replacements (structural and nonstructural) and any cost incurred by Lessor shall be paid by Lessee as Reimbursements, payable with the installment of rent next becoming due under this Lease. This provision shall be construed as additional remedy granted to Lessor and not in limitation of any other rights and remedies which Lessor may have in said circumstances: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ /s/ ▇▇▇▇▇ ▇▇▇▇▇ GTC-23: FIRE AND OTHER CASUALTY DAMAGE TO DEMISED PREMISES If the Demised Premises shall be damaged by fire or other casualty Lessor shall as soon as practicable after such damage occurs taking into account the reasonable time necessary for inspection by concerned agency/authorities repair such damage at the expense of Lessor, and the Rent payable by Lessee hereunder shall be reduced in proportion to the gross floor area of the Landlord decides Demised Premises which is unusable by Lessee, as reasonably determined by Lessor, until such repairs are completed; provided, however, that Lessor shall only be required to repair or rebuild the Building Premises including the Demised Premises, however, the Lessor shall not bear the cost for repair of the fixtures and to reinstate fittings installed by the Property (Lessee in the Demised Premises, provided the monies payable under further, that any policy of insurance effected maintained by the Landlord shall Lessor wi11 not have become revocable through any act be invalidated in whole or default of The Tenant) the Rental or a fair proportion thereof according to the nature of and extent of the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and use. (c) In the event the Landlord decides not to rebuild or reinstate the Property then this Agreement shall be terminated from the happening in part by reason of such destruction or damage as aforesaid and the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits paid by the Tenant pursuant to this Agreement free of interest within fourteen (14) days from the date of receipt by the Tenant abatement of such notice in writing from the Landlord or the Landlord’s solicitors (failing damage which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have been caused by Lessee or any further claimsof its agents, actions representatives, employees or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breach.invitees. /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ /s/ ▇▇▇▇▇ ▇▇▇▇▇ MISCELLANEOUS

Damage to Property. (a) The Parties agree that if the Property or any part thereof shall at any time In case during the Rental Lease Term the Premises shall be destroyed or damaged by firefire or other casualty Landlord shall proceed forthwith to repair such damage and restore the Premises to substantially their condition at the time of such damage subject to any zoning laws then in existence, lightning or civil commotion or any other unforeseen cause (except other cause arising from the default or negligence of the Tenant) so as to render the Property or any part thereof unfit for occupation and use for a period exceeding fourteen (14) days, the but Landlord shall not be bound responsible for any delay which may result from any cause beyond Landlord's reasonable control and Landlord shall not be required to commence such work until it receives any proceeds it will receive with respect to the loss. Landlord and Tenant shall use all reasonable efforts to obtain such proceeds within a reasonable time. In no event shall Landlord be obligated to pay for any such repairs or compelled to rebuild or reinstate the same unless the Landlord, restorations in its sole discretion thinks fitexcess of available insurance proceeds. (b) In If damage to the event Premises is not covered by the insurance Tenant is required to carry pursuant to Section 11 and the cost to restore such damage exceeds 20% of the Landlord decides replacement cost of the Premises, then Landlord, within sixty (60) days after the occurrence of such event may give written notice to rebuild and Tenant of its election to reinstate the Property (provided the monies payable under policy of insurance effected by terminate this Lease, unless Tenant agrees in its discretion to reimburse the Landlord shall not have become revocable through any act or default for the amount of The Tenant) the Rental or a fair proportion thereof according to the nature such uncovered costs in excess of and extent 20% of the damage sustained shall be suspended and cease to be payable until all replacement cost of the Property shall again be rendered fit for occupation and usePremises. (c) If the Premises are damaged to such an extent that the restoration thereof is not reasonably estimated to be completed within 180 days following the destructive event or if the restoration of the Premises is for any reason not actually completed within 180 days following the destructive event, then Tenant shall have the right to terminate this Lease by delivery of written notice to Landlord. (d) In the event that the Landlord decides not to rebuild provisions of Section 12(a), (b), or reinstate (c) shall become applicable, the Property then this Agreement Base Rent shall be terminated from abated or reduced proportionately to the happening interference with the Tenant's use of the Premises caused by the casualty (and Landlord shall return a pro rata portion of the semi-annual advance Base Rent payment) during any period in which, by reason of such damage or destruction, there is substantial interference with the operation of the business of Tenant in the Premises, having regard to the extent to which Tenant may be required to discontinue its business in the Premises, and such abatement or reduction shall continue for the period commencing with such destruction or damage and ending with the completion by Landlord of such repair or reconstruction as aforesaid and Landlord is obligated to complete. In the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession event of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits paid by the Tenant termination of this Lease pursuant to this Agreement free Section 12, this Lease and the Lease Term hereof shall cease and come to an end within a reasonable time after notice of interest within fourteen (14) days termination as is required to permit Tenant to remove its property from the date of receipt by the Tenant of such notice in writing from the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breachPremises.

Damage to Property. (a) The Parties agree that if If an Event of Loss shall occur with respect to any Unit, the Property or any part thereof Lessee shall at any time during promptly notify the Rental Term be destroyed or damaged by fire, lightning or civil commotion or any other unforeseen cause (except other cause arising from the default or negligence of the Tenant) so Lessor as to render the Property or any part thereof unfit for occupation circumstances and use for a period exceeding fourteen (14) days, the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlord, in its sole discretion thinks fittime of such event. (b) In Effective upon the event happening of an Event of Loss with respect to any Unit, the Lessee shall become obligated, without demand or notice, to the pay to the Lessor on the Rental Payment Date next following such Event of Loss an amount equal to the Stipulated Loss Value for such Unit as of such Rental Payment Date next preceding such Event of Loss an amount equal to the Stipulated Loss Value for such Unit as of such Rental Payment Date, together with all Basic Rent due on such Rental Payment Date and all such Additional Rent and other amounts under the Agreement and the other Lease Documents as may then be due. The obligation of the Landlord decides Lessee to rebuild pay Basic Rent for such Unit shall cease when such Stipulated Loss Value, Basic Rent and to reinstate the Property (provided the monies payable under policy of insurance effected by the Landlord other payments have been made and such Unit shall not have become revocable through any act or default of The Tenant) the Rental or a fair proportion thereof according to the nature of and extent of the damage sustained shall be suspended and cease to be payable until part of the Equipment leased hereunder effective as of such payment. Upon request for the Lessee, the Lessor will execute an deliver an appropriate document canceling or amending the Lease Schedule relating to such Unit, but the Lessor's failure so to do shall not affect the Lessee's obligations under this Agreement, and the Lessor will transfer to the Lessee, without recourse or warranty, all of the Property shall again be rendered fit for occupation Lessor's right, title an interest, if any, in and useto such Unit. (c) In Any and all insurance or other payments received by the event Lessor or the Landlord decides not to rebuild or reinstate the Property then this Agreement Lessee as a result of any Event of Loss of a Unit shall be terminated from the happening of such destruction paid to or damage as aforesaid and the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits paid retained by the Tenant pursuant Lessor and applied against the Lessee's obligation to this Agreement free pay the Stipulated Loss Value except that any such payments in excess of interest within fourteen Stipulated Loss Value shall be deposited in the Project Control Account (14if not previously so deposited) days from the date of receipt by the Tenant of such notice in writing from the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis and shall be payable to the Tenant until full settlement thereof); andLessee, subject to the provisions of (S) 4.4.3, to the extent such excess represents compensation for the loss of use of the Equipment or other damage suffered by the Lessee during the Term. (iiid) thereafterThe Lessee shall deposit, or cause to be deposited, in the Project Control Account, all insurance proceeds and/or condemnation or other requisition awards received by it or payable to it or on its behalf in connection with any condemnation, damage or destruction of all or any portion of the Facility (including, without limitation, the Project Site and the Equipment) or any requisitioning of any thereof by any governmental authority, which in either case does not constitute an Event of Loss, for application as the Lessor may determine in its sole and absolute discretion to (a) the timely repair of the Facility (including, without limitation, the Project Site and the Equipment) in the case of such damage or destruction or (b) the timely payment of expenses of the Facility (including, without limitation, the Project Site and Equipment) in the case of such condemnation or requisition awards. (e) Notwithstanding anything to the contrary contained herein (including this Agreement shall become terminated section and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breach.(S)

Damage to Property. If, prior to the Closing Date, any substantial or material portion of the Purchased Assets is damaged or destroyed by fire or other casualty, then Seller shall promptly upon acquiring actual knowledge thereof deliver written notice to Purchaser of such casualty and the following provisions shall apply with respect to such casualty: (a) The Parties agree that if If such damage or destruction results in a casualty loss which would exceed $100,000.00 to repair, as determined by Seller in the Property exercise of reasonable discretion (the “Casualty Threshold”), either Purchaser or any part thereof Seller shall at any time during have the Rental Term be destroyed right to terminate this Agreement by written notice to the other Party hereto received within ten (10) days after such notice of fire or damaged by fire, lightning or civil commotion or any other unforeseen cause (except other cause arising from the default or negligence of the Tenant) so as to render the Property or any part thereof unfit for occupation and use for a period exceeding fourteen (14) days, the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlordcasualty, in its sole discretion thinks fitwhich event this Agreement shall terminate and thereafter neither Party hereto shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement. If this Agreement is not terminated pursuant to this subsection, Seller and Purchaser shall be obligated to close the purchase and sale contemplated hereby. (b) In If such damage or destruction results in a casualty loss in an amount not exceeding the event of the Landlord decides Casualty Threshold, neither Purchaser nor Seller shall have such right to rebuild and to reinstate the Property (terminate this Agreement, except as otherwise provided the monies payable under policy of insurance effected by the Landlord shall not have become revocable through any act or default of The Tenant) the Rental or a fair proportion thereof according to the nature of and extent of the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and usein this Agreement. (c) In At Closing, Seller shall assign to Purchaser all insurance proceeds payable under Seller’s insurance policies (if any) subject to the event interest of any Liens on account of any such damage or destruction and credit to Purchaser all such insurance proceeds previously paid to Seller (if any), together with an amount equal to the Landlord decides amount of any insurance deductible applicable to the casualty loss. Seller shall not be obligated to rebuild repair or reinstate restore the Property then this Agreement shall be terminated from the happening damage to such Purchased Assets on account of such destruction or damage as aforesaid and the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits paid by the Tenant pursuant to this Agreement free of interest within fourteen (14) days from the date of receipt by the Tenant of such notice in writing from the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breachcasualty.

Damage to Property. (a) The Parties agree It is further agreed that if the Property herein leased premise or any part thereof area in the proximity of same shall at any time during the Rental Term be destroyed or become damaged by fire, lightning storm, hurricane, flood or civil commotion other act of God, to the extent that the Mayor and Council deem it necessary to acquire control of said premises for the protection of property or any other unforeseen cause (except other cause arising for the public safety, or to discontinue said concession for said reasons, the decision of the Mayor and Council as to same shall be final and binding upon the Tenant, the Tenant shall upon the receipt of written notice shall forthwith discontinue operation of business thereon, yield up control of the premises to the Landlord, and remove its effects, equipment, structures, etc. from the default or negligence premises as promptly as is reasonably possible. In the case of total destruction of the property, not the fault of the Tenant) so , its representatives, employees or occurring otherwise as a result of Tenant's operations, the Tenant may terminate the lease upon written notice to render the Property Landlord which will be effective upon receipt by the Landlord. In such case the Tenant shall be entitled to a pro-rata refund of the lease amount paid by the Tenant which shall be paid by the Borough no later than the next fiscal cycle. Upon partial destruction of the leased premises or any part thereof unfit for occupation and use for property located thereon, not the fault of the Tenant, its representatives, employees or otherwise occurring as a period exceeding fourteen (14) daysresult of Tenant's operations, the Landlord shall have the option but not be bound the obligation to effect repairs or compelled otherwise restore the property to rebuild or reinstate substantially pre-loss conditions. If the same unless Landlord does not so repair and restore the Landlordproperty within 30 days, in its sole discretion thinks fit. (b) In and the event damage substantially interferes with the operation of the Landlord decides to rebuild and to reinstate the Property (provided the monies payable under policy of insurance effected by the Landlord shall not have become revocable through any act or default of The Tenant) the Rental or a fair proportion thereof according to the nature of and extent of the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and use. (c) In the event the Landlord decides not to rebuild or reinstate the Property then this Agreement shall be terminated from the happening of such destruction or damage as aforesaid and the following shall ensue: (i) 's business, the Tenant shall peaceable be permitted to terminate the lease and quietly surrender and yield up possession receive a pro-rata refund of the Property; (ii) the Landlord shall refund to the Tenant the Rental Deposits lease amounts paid by the Tenant pursuant to this Agreement free of interest within fourteen (14) days from the date of receipt which shall be paid by the Tenant of such notice in writing from Borough no later than the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against the other in respect of or arising out of this Agreement save and except for any antecedent breachnext fiscal cycle.

Damage to Property. Seller and Purchaser agree that the provisions of the State of Arizona shall not apply to this Agreement and in lieu thereof, Seller and Purchaser agree on the provisions set forth in this Section. (a) The Parties agree that if If, prior to Closing, the Property Improvements on the Land are destroyed, damaged or become subject to condemnation or eminent domain proceedings, and the cost to repair, restore or replace such destruction, damage or taking would exceed One Hundred Thousand and No/100 Dollars ($100,000.00) (as reasonably estimated by Seller), then Seller may terminate this Agreement by so notifying Purchaser in writing within thirty (30) days after such damage, destruction or taking occurs, whereupon this Agreement shall terminate, the Contract Deposit shall be returned to Purchaser, and no party shall have any part thereof further rights, duties or obligations hereunder, except those duties and obligations expressly stated in the Agreement shall at any time during survive the Rental Term be destroyed or damaged by fire, lightning or civil commotion or any other unforeseen cause (except other cause arising from the default or negligence early termination of the Tenant) so as to render the Property or any part thereof unfit for occupation and use for a period exceeding fourteen (14) days, the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlord, in its sole discretion thinks fitAgreement. (b) In If Seller has the event option to terminate this Agreement as provided in this Section, but do not terminate, then this Agreement shall nonetheless terminate unless Purchaser shall notify Seller in writing of its election to purchase the Property within thirty (30) days after the earlier of (i) receipt of written notice from Seller advising that Seller will not terminate this Agreement pursuant to this Section, or (ii) expiration of the Landlord decides period during which Seller may terminate this Agreement pursuant to rebuild this Section. Unless Purchaser elects to continue this Agreement by delivery of written notice in accordance with the foregoing, the Contract Deposit shall be returned to Purchaser and neither party shall have any further rights, duties or obligations hereunder, except those duties and obligations expressly stated in the Agreement as surviving shall survive the early termination of the Agreement. If Purchaser elects to proceed with Closing, then Purchaser shall be entitled to any and all insurance proceeds or condemnation proceeds payable as a result of the damage, destruction or taking, and to reinstate the Property (provided extent the monies payable under policy of insurance effected by same may be necessary or appropriate, the Landlord Seller shall not have become revocable through any act or default of The Tenant) the Rental or a fair proportion thereof according assign to Purchaser at Closing Seller's rights to such proceeds and pay to Purchaser an amount equal to the nature of and extent of deductible under the damage sustained shall be suspended and cease to be payable until all the Property shall again be rendered fit for occupation and useapplicable policy. (c) In If, prior to Closing, the event Improvements are destroyed, damaged or become subject to condemnation or eminent domain proceedings, and the Landlord decides not cost of repair, restore or replace such destruction, damage or taking is less than One Hundred Thousand and No/100 Dollars ($100,000.00) (as reasonably estimated by Seller), then both Seller and Purchaser agree to rebuild or reinstate the Property then proceed with this Agreement and Purchaser shall be terminated from entitled to any and all insurance proceeds or condemnation proceeds payable as a result of the happening of such damage, destruction or damage as aforesaid taking, and the following shall ensue: (i) the Tenant shall peaceable and quietly surrender and yield up possession of the Property; (ii) the Landlord shall refund to the Tenant extent the Rental Deposits paid by the Tenant pursuant same may be necessary or appropriate, Seller shall assign to this Agreement free of interest within fourteen (14) days from the date of receipt by the Tenant of Purchaser at Closing Seller’s rights to such notice in writing from the Landlord or the Landlord’s solicitors (failing which interest interest at the rate of ten per centum ( 10%) per annum calculated on a daily basis shall be payable proceeds and pay to Purchaser an amount equal to the Tenant until full settlement thereof); and (iii) thereafter, this Agreement shall become terminated and be ofno futiher effect and neither party hereto shall have any further claims, actions or proceedings against deductible under the other in respect of or arising out of this Agreement save and except for any antecedent breachapplicable policy.