Common use of Damage Clause in Contracts

Damage. If the Premises or any portions of the Project serving the Premises are damaged by any peril, Landlord shall restore the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damage, unless this Lease is terminated by Landlord or Tenant as set forth below. Landlord shall have the right to terminate this Lease, which option may be exercised by delivery to Tenant of a written notice within sixty (60) days after the date of such damage, in the event that: (a) the Premises or portions of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damage.

Damage. If the Premises, or so much thereof as to cause the Premises or any portions to be unusable in furtherance of the Project serving terms of the Premises Manufacturing Services Agreement, are damaged by any perilcasualty so as to cause the Premises to be uninhabitable, and the damage (exclusive of any property or improvements installed by Tenant in the Premises) can be repaired in Landlord’s reasonable judgment within one hundred eighty (180) days without the payment of an amount more than 120% of the amount of insurance proceeds, Tenant shall waive all rights to any insurance proceeds therefor in favor of Landlord, and Landlord shall restore the Premises repair such damage as soon as practicable and such portions of the Project to substantially the same condition as existed immediately prior to such damage, unless this Lease is terminated by Landlord or Tenant as set forth belowshall continue in full force and effect. Landlord shall have the right agrees to terminate this Lease, which option may be exercised by delivery to give Tenant of a written notice within sixty (60) days after the date occurrence of any such damage or destruction indicating the anticipated time period of such damagerestoration (the “Repair Estimate”). If the Premises, in the event that: (a) or so much of thereof as to cause the Premises or portions to be unusable in furtherance of the Project serving terms of the Premises Manufacturing Services Agreement, are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease any casualty, and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to (exclusive of any property or improvements installed by Tenant in the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180Premises) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not repaired in fact) repaired Landlord’s reasonable judgment within one hundred eighty (180) days following without the payment of an amount more than 120% of the amount of insurance proceeds, Landlord may give Tenant written notice within thirty (30) days after Landlord delivers to Tenant its Repair Estimate of Landlord’s intention to terminate this Lease, in which event this Lease shall terminate as of the date of the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damage.

Damage. If Tenant immediately shall give prompt written notice to Landlord if the Premises or any portions of the Project serving the Premises Building are damaged or destroyed by any peril, Landlord shall restore the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damage, unless this Lease is terminated by Landlord fire or Tenant as set forth belowother casualty. Landlord shall have the right to terminate this Lease, which option may be exercised by delivery to Tenant of a written notice within sixty (60) days after the date of such damage, in the event that: If (a) the Premises or portions Building should be totally destroyed, (b) the Premises or the Building are so damaged that in Landlord’s estimation, rebuilding or repairs cannot be completed within one hundred twenty (120) days after the date Landlord receives written notice from Tenant of such damage, (c) the cost of rebuilding or repairs would exceed twenty five percent (25%) of the Project serving replacement value of the Building (d) damage or destruction to the Premises are damaged or the Building occurs within the last eighteen (18) months of the Lease, (e) any Mortgagee (as defined below) requires that insurance proceeds be applied to reduce or retire the indebtedness secured by a peril both the Mortgage (hereinafter defined), (f) the casualty is not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance be carried by Landlord pursuant to such an extent this Lease, or (g) Landlord determines that the estimated cost insurance proceeds will be insufficient to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such eventBuilding, then Tenant also shall be entitled to in any such case Landlord may terminate this Lease by delivery of delivering written notice to Tenant, in which event the rights and obligations of Landlord and Tenant hereunder shall cease and terminate; provided that any liabilities of Tenant which accrued prior to termination of this Lease shall survive same. In connection with any repair or reconstruction to the Premises arising from or necessitated by fire or the casualty which is covered by the insurance carried by Landlord, Tenant shall pay to Landlord at Tenant’s Proportionate Share of the amount of any time prior to restoration deductible of such damageinsurance upon demand, as Additional Rent.

Damage. If Tenant shall give immediate written notice to Landlord of any damage to the Premises caused by fire or any portions of other casualty, and if Landlord does not elect to terminate this lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole expense to rebuild and repair the Project serving Premises. Notwithstanding the foregoing, in the event that (i) the insurance proceeds payable in connection with such damage and destruction shall be insufficient to make such restoration, (ii) the Building in which the Premises are located shall be destroyed or substantially damaged by casualty not covered by standard fire or extended coverage insurance, (iii) said building shall be destroyed or rendered unrentable by any perilcasualty to the extent of at least fifty percent (50%) of the Gross Rentable Area of said building, (iv) Landlord shall not have actual and unconditional receipt of the insurance proceeds payable in connection with such damage and destruction, (v) the holder of any mortgage, which encumbers Landlord's interest hereunder or in the Premises shall unrentable by any casualty to the extent of at least fifty percent (50%) of the Gross Rentable Area of said building, (iv) Landlord shall not have actual and unconditional receipt of the insurance proceeds payable in connection with such damage and destruction, (v) the holder of any mortgage, which encumbers Landlord's interest hereunder or in the Premises shall require that such proceeds shall be applied against any indebtedness owed to such holder, or (vi) there shall be less than two (2) years remaining in the Term, or any extension or renewal thereof, then, in any of such events, Landlord shall restore may elect either to terminate this lease or to proceed to rebuild and repair the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damage, unless this Lease is terminated by Landlord or Tenant as set forth belowPremises. Landlord shall have the right to terminate this Lease, which option may be exercised by delivery give written notice to Tenant of a written notice such election within sixty ninety (6090) days after the date of such damage, in the event that: (a) the Premises or portions of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damagecasualty.

Damage. If In the Premises event of total damage or any portions destruction of the Project serving the Premises are damaged by any perilBuilding or Project, Landlord shall restore the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damage, unless this Lease is terminated by Landlord or Tenant as set forth below. Landlord shall have the right to terminate this LeaseLease upon five (5) days’ written notice to Landlord effective as of the date of the damage. In the event of a partial damage or destruction of the Premises, which option may be exercised by delivery Building or Project that materially negatively impacts (a) Tenant’s equipment or services described in this Lease or (b) Tenant’s access to or use of the Premises; then as soon as possible, but not later than five (5) days from the date of the damage, Landlord shall provide Tenant with written notice (“Landlord’s Repair Notice”) of (1) the nature of the damage; (2) whether or not Landlord shall repair the damage; (3) Landlord’s estimated time to repair the damage; and (4) Landlord’s plan to mitigate the impact to Tenant during such repair. Tenant shall have the right to consult with Landlord regarding Landlord’s proposed mitigation plan. Such mitigation plan shall include, among other things, Tenant’s ability to operate from alternate Premises, whether in the Project or elsewhere, with the costs and expenses of such alternate space and Tenant’s relocation from and back to the Premises, together with all additional elements of cost and expense incurred by Tenant as a result of such partial damage or destruction, allocated as agreed upon by the parties pursuant to such mitigation plan. Landlord and Tenant shall each act reasonably and in good faith in their efforts to agree upon a mitigation plan. If Landlord (x) elects not to repair the damage or (y) the estimated time to restore essential services or access to the Premises exceeds ten (10) days and Landlord and Tenant cannot agree upon a mitigation plan, then Tenant shall have the right to terminate this Lease upon written notice within sixty (60) days after to Landlord, effective as of the date of such damage, in the event that: (a) the Premises or portions of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damage.

Damage. If In the Premises event that the Building or any portions of the Project serving the Premises are damaged by for any perilreason whatsoever and Tenant is unable, Landlord shall restore the Premises and such portions in Tenant's reasonable business judgement, to carry on its normal business operations for a period of the Project to substantially the same condition as existed immediately prior to such damageforty five (45) days or more, unless this Lease is terminated by Landlord or Tenant as set forth below. Landlord Tenant's shall have the right to terminate this Lease, which option may be exercised Lease by delivery to Tenant of a giving written notice within sixty of such termination to the Landlord no later than thirty (6030) days after the date occurrence of such damage. Upon such termination, Tenant's obligations hereunder and each of them, including the obligation to pay rent, shall cease and determine as of the day the Premises were so damaged. If in Tenant's reasonable business judgement, it is unable to carry on its normal business operations for a period of less than forty five (45) days because of such damage, rent shall abat▇ (▇▇ any free rent period provided for in Paragraph 3 hereof shall be extended) for the period the Premises are untenantable. In the event that: the Premises are partially damaged by fire or other casualty and Tenant shall determine that it is able to carry on its normal business operations, Tenant shall pay rent for only such portion of the Premises which Tenant in its determination may reasonably occupy during the time required to make repairs. All repairs necessary to restore the Premises to its original condition shall be: (a) the Premises or portions of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent commenced within thirty (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (18030) days following after the occurrence of such eventdamage; (b) performed in a diligent and workmanlike manner with material of at least the same quality utilized originally in the construction of the Premises; (c) completed by Landlord at Landlord's sole expense with a minimum of interference with Tenant's normal business operations. If in Tenant's determination Landlord shall not have performed any of the above obligations in strict compliance therewith, then Tenant also may, but shall not be entitled required to, undertake such obligations, and all costs and expenses incurred by Tenant as a result thereof may be deducted from any rent or other payment due or to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damagebecome due hereunder.

Damage. If If, prior to the Premises Closing Date, all or any portions part of the Improvements are substantially damaged by fire or other casualty, Partnership shall promptly give notice to Purchaser of such fact. Thereafter, at Purchaser’s option (to be exercised by Purchaser’s written notice to Partnership given within fifteen (15) days after Partnership’s initial notice to Purchaser), this Agreement shall terminate solely with respect to the Project serving relating to the Premises damaged Improvements (the “Damaged Project”), subject to the limitations in Section 20 hereof. In the event of any such termination of this Agreement solely with respect to a Damaged Project, neither party will have any further obligations under this Agreement with respect to such Damaged Project (other than the Surviving Indemnity Obligations, which obligations shall survive any such termination), Purchaser shall, at the request of Partnership, execute any document reasonably requested by Partnership to evidence such termination including, without limitation, a quit claim deed, and the Purchase Price shall be adjusted as provided in Section 20 hereof. If Purchaser fails to elect to terminate this Agreement with respect to such Damaged Project (in the manner provided in this Section 13) despite such damage, or if the Improvements are damaged but not substantially, subject to any contrary requirements or conditions in any existing financing secured by any perilsuch Damaged Project, Landlord Partnership shall restore promptly commence to repair such damage or destruction and to return the Premises and such portions of the Project Improvements to substantially the same their condition as existed immediately prior to such damage. If such damage shall be completely repaired prior to the Closing Date, unless this Lease then there shall be no reduction in the Purchase Price, and Partnership shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date, but Partnership is terminated by Landlord or Tenant as set forth below. Landlord diligently proceeding to repair, then there shall be no reduction in the Purchase Price and Partnership shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage; provided, however, that Purchaser shall have the right to terminate delay the Closing Date until repair is completed. For purposes of this LeaseSection 13, which option may be exercised by delivery the phrase “substantially damaged” means (i) the cost to Tenant repair the Damaged Project is estimated to exceed $1,000,000, (ii) access to or parking on the Damaged Project is adversely affected, (iii) as a result of a written notice within sixty (60) days after the date of such damage, the Damaged Project is in violation of laws or fails to comply with zoning or any covenants, conditions or restrictions affecting the event that: Subject Property, or (aiv) the Premises or portions damage entitles any of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten Tenants which lease at least fifty percent (1050%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions rentable square feet of the Damaged Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damageits Lease.

Damage. If any portion of the Premises shall be destroyed or damaged by fire or any other casualty, Tenant shall immediately give notice thereof to Landlord. If any portion of the Premises or any portions of the Project serving the Premises are shall be destroyed or damaged by fire or any perilother casualty, Landlord shall restore the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damagethen, unless this Lease is terminated in accordance with this ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ shall proceed with reasonable diligence to restore and repair the portion of the Premises or Project damaged. If the Premises are rendered untenantable for more than five (5) consecutive Business Days in whole or in material part by reason of such casualty (subject to the limitation of Paragraph 21(b)), Tenant as its sole and exclusive remedy shall be entitled to an equitable abatement of the Rent hereunder (subject to the limitation in Paragraph 21(c) below) until such time as the damaged portion of the Premises (exclusive of any of Tenant’s Property or Tenant’s improvements) are repaired or restored by Landlord to the extent required hereby. In the event (a) the Building shall be destroyed or substantially damaged by a casualty that is not covered by Landlord’s insurance and would not have been covered if Landlord had maintained the insurance required by this Lease, or (b) the entire Building is destroyed, or if so much of the Building is destroyed that the same cannot be restored to substantially the condition existing prior to such casualty within two hundred seventy (270) days after the date thereof, then Landlord or Tenant as set forth below. Landlord shall have the right to may terminate this Lease, which option may be exercised Lease by delivery to Tenant of a written notice to the other within sixty (60) days after the date of such damage, in casualty whereupon all Rent accrued up to the event that: time of such termination and any other sums due and owing shall be paid by Tenant to Landlord (aless any sums then due and owing Tenant by Landlord) the Premises or portions of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid any remaining sums due and collectible insurance carried owing by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled paid to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damage.

Damage. If In the Premises event of damage to or any portions destruction of the Project serving the Premises are damaged Premises, or to any portion thereof, caused by any perilfire or other casualty, and if such damage or destruction cannot be restored as determined by mutual agreement of Landlord shall restore the Premises and such portions Tenant within one hundred twenty (120) days after commencement of the Project work to substantially the same condition as existed immediately prior to such damagedamage or destruction, unless this Lease is terminated by Landlord or then Tenant as set forth below. Landlord shall have the right to terminate this LeaseLease by notice to Landlord given no less than thirty (30) days from the date of such casualty. If Landlord and Tenant are unable to agree whether the Premises can or should be restored, such determination will be submitted to arbitration pursuant to Section 21. If Tenant elects to so terminate, this Lease shall terminate on the date specified in Tenant's termination notice to Landlord, which option may termination date shall be exercised by delivery to Tenant of a written notice within sixty no earlier than thirty (6030) days nor later than one hundred-eighty (180) days after the date of such damagecasualty, in and Tenant shall pay the event that: (a) Rent and all Additional Rent to that date. If this Lease is not so terminated, Landlord shall, at its sole cost and expense, promptly repair such damage and restore the Premises or portions of to the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord condition that existed immediately prior to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) damage. If the damage to the Premises or portions Landlord's repair thereof renders the Premises untenantable for a period in excess of nine (9) months from the date of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving casualty and the Premises are damaged due to any perilnot actually used by Tenant, Tenant Rent payable hereunder shall be entitled to an abatement of all Rent abated following such nine (9) month period to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If are untenantable and are not actually used by Tenant until the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease Premises are rendered tenantable and available for use by delivery of written notice of termination to Landlord at any time prior to restoration of such damageTenant.

Damage. If In case of damage to the Premises or any portions part thereof, Tenant shall promptly give written notice thereof to Landlord and, if and only if the available insurance proceeds plus the amount of the Project serving the Premises any deductible are damaged by any perilsufficient, Landlord Tenant shall restore the Premises and such portions of the Project be obligated to substantially restore, repair, replace, rebuild or alter the same as nearly as possible (subject to then prevailing zoning and building codes and ordinances) to its condition as existed immediately prior to such damagedamage or destruction (the "Restoration"). In the event that the available insurance proceeds plus the amount of any deductible are not sufficient for the restoration, unless this Lease Tenant shall immediately notify Landlord of the same and of the amount of the deficiency and whether or not Tenant, at its option, elects to proceed with the Restoration at is terminated by Landlord or cost and expense. If Tenant as set forth below. Landlord shall have declines to proceed with the right to terminate this Lease, which option may be exercised by delivery to Restoration within ninety (90) days after Landlord's receipt of notice from Tenant of a written notice the amount of the deficiency, this lease shall terminate and the proceeds of the insurance shall be paid to the parties as their interest may appear. The determination as to whether or not the available insurance proceed plus the amount of any deductible are sufficient for the Restoration shall be made within sixty (60) days after the date amount of such damage, available insurance proceeds has been determined on the basis of the average of three written estimates from contractors licensed in the event that: (a) State of Michigan as to the Premises or portions cost of the Project serving Restoration, which estimates shall be the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) obligation of the then actual replacement cost thereof (Tenant to obtain and Tenant does not agree to pay the uninsured amount); or (b) the damage shall be furnished to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference Landlord along with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damagea deficiency.

Damage. If Tenant agrees to give Landlord notice of any damage to the Premises or any portions of as soon as reasonably practicable. In the Project serving event the Premises are damaged by any perilfire or other casualty, but are not rendered untenantable for Tenant's business, either in whole or in part, Tenant shall cause such damage to be repaired without unreasonable delay (and Landlord shall restore promptly disburse any insurance proceeds received in connection with such damage to Tenant as needed to fund any repairs to be made by Tenant hereunder) and the Rent shall not be abated. In the event the Premises are rendered untenantable for Tenant's business by reason of such casualty, either in whole or in part, Tenant shall cause the damage to be repaired or replaced without unreasonable delay (and Landlord shall promptly disburse any insurance proceeds received in connection with such portions damage to Tenant as needed to fund any repairs to be made by Tenant hereunder), and, in the interim, the Rent shall be proportionately reduced as to such portion of the Project Premises as is rendered untenantable. Any such abatement of rent shall not, however, create an extension of the Term of this Lease. Provided, however, in the event the Premises are rendered untenantable in some material portion by reason of such casualty, and the amount of time required to substantially repair the same condition as existed immediately prior to such damagedamage using due diligence is in excess of one hundred eighty (180) days, unless this Lease is terminated by Landlord or Tenant as set forth below. Landlord then either party shall have the right to terminate this Lease, which option may be exercised Lease by delivery to Tenant of a giving written notice of termination within sixty (60) days after the date of such damagecasualty, in and the event that: (a) the Premises or portions Rent shall ▇▇▇▇▇ as of the Project serving the Premises are damaged by a peril both not covered by the type date of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage casualty in proportion to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use part of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damagerendered untenantable.

Damage. If any portion of the Premises shall be destroyed or damaged by fire or any portions other casualty, Tenant shall immediately give notice thereof to Landlord. If any portion of the Project serving the Premises are shall be destroyed or damaged by fire or any perilother casualty then, (i) if the fire or other casualty is not a Major Casualty (as defined below), Landlord shall restore and repair the portion of the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damagedamaged and, unless this Lease is terminated by Landlord or Tenant as set forth below. Landlord shall have the right to terminate this Lease, which option may be exercised by delivery to Tenant of a written notice within sixty (60) days after the date of such damage, in the event that: (a) the Premises or portions of the Project serving if the Premises are damaged rendered untenantable in whole or in part by a peril both not covered reason of such casualty as determined by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any perilLandlord, Tenant shall be entitled to an equitable abatement of all the Rent hereunder until such time as the damaged portion of the Premises (exclusive of any of Tenant's Property or Tenant's improvements) are repaired or restored by Landlord to the extent required hereby, or (ii) if twenty-five percent (25%) or more of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be Building is destroyed or damaged by fire or any other casualty (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such eventa "Major Casualty"), then Tenant also shall be entitled to Landlord may terminate this Lease whereupon all Rent accrued up to the time of such termination and any other sums due and owing shall be paid by delivery of written notice of termination Tenant to Landlord at (less any time prior sums then due and owing Tenant by Landlord) and any remaining sums due and owing by Landlord to restoration of Tenant shall be paid to Tenant. In no event shall Landlord have any obligation to repair or restore any such destruction or damage, except as provided herein.

Damage. If all or any part of the Premises is damaged by fire or other casualty, Tenant shall immediately notify Landlord in writing. During any portions period of time that all or a material portion of the Project serving Premises is rendered untenantable as a result of a fire or other casualty, Base Rent and Tenant Reimbursement Amount shall ▇▇▇▇▇ for the portion of the Premises are damaged that is untenantable and not used by any peril, Landlord shall restore the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damage, unless this Lease is terminated by Landlord or Tenant as set forth belowTenant. Landlord shall have the right to terminate this LeaseLease if: (i) the Building shall be damaged so that, which option in Landlord’s reasonable judgment, substantial alteration or reconstruction of the Building shall be required (whether or not the Premises has been damaged); (ii) Landlord is not permitted by Law to rebuild the Building in substantially the same form as existed before the fire or casualty; (iii) the Premises have been materially damaged and there is less than two (2) years of the Term remaining on the date of the casualty; (iv) any Mortgagee requires that the insurance proceeds be applied to the payment of the mortgage debt; or (v) a substantial uninsured loss to the Building occurs. Landlord may be exercised exercise its right to terminate this Lease by delivery to notifying Tenant of a written notice in writing within sixty ninety (6090) days after the date of such damagecasualty. If Landlord does not terminate this Lease, Landlord shall commence and proceed with reasonable diligence to repair and restore the Building and the Premises. However, in no event shall Landlord be required to spend more than the event that: (a) insurance proceeds received by Landlord. Landlord shall not be liable for any loss or damage to Tenant’s Property or to the Premises business of Tenant resulting in any way from the fire or portions other casualty or from the repair and restoration of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damage.

Damage. If (a) Except as provided below, in case of damage to the Premises by fire or any portions of the Project serving the Premises are damaged by any perilother insured casualty, Landlord shall restore repair the Premises and such portions damage. Such repair work shall be commenced promptly following notice of the Project damage and completed with due diligence, taking into account the time required for Landlord to substantially effect a settlement with and procure insurance proceeds from the same condition as existed immediately prior insurer, except for delays due to such damagegovernmental regulation, unless this scarcity of or inability to obtain labor or materials, intervening acts of God or other causes beyond Landlord's reasonable control. (b) Notwithstanding the foregoing, if (i) the damage is of a nature or extent that, in Landlord's reasonable judgment (to be communicated to Tenant within sixty (60) days from the date of the casualty), the repair and restoration work would require more than one hundred eighty (180) consecutive days to complete after the casualty (assuming normal work crews not engaged in overtime) or (ii) the casualty occurs in the last Lease is terminated by Landlord or Year of the Term and Tenant as set forth below. Landlord has not exercised a renewal right, either party shall have the right to terminate this LeaseLease and all the unaccrued obligations of the parties hereto, which option may be exercised by delivery to Tenant of a sending written notice of such termination to the other within sixty ten (6010) days of Tenant's receipt of the notice from Landlord described above. Such notice is to specify a termination date no less than fifteen (15) days after its transmission. (c) If the date insurance proceeds received by Landlord (or the proceeds Landlord would have received had Landlord carried the insurance required to be maintained by Landlord under Section 15(d) as dictated by the terms and conditions of such damageany financing then existing on the Building, in (excluding any rent insurance proceeds) would not be sufficient to pay for repairing the event that: (a) damage or are required to be applied on account of any mortgage which encumbers any part of the Premises or portions Building, or if the nature of the Project serving the Premises are damaged by a peril both loss is not covered by Landlord's insurance coverage, Landlord may elect either to (i) repair the type of insurance Landlord is required to carry under damage as above provided notwithstanding such fact or (ii) terminate this Lease and by giving Tenant notice of Landlord's election as aforesaid. (d) In the event Landlord has not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use completed restoration of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following from the occurrence date of such eventcasualty (subject to delay due to weather conditions, then shortages of labor or materials or other reasons beyond Landlord's control, Tenant also shall be entitled to may terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration within thirty (30) business days following the expiration of such damage180 day period (as extended for reasons beyond Landlord's control as provided above) unless, within thirty (30) business days following receipt of such notice, Landlord has substantially completed such restoration and delivered the Premises to Tenant for legal occupancy. If Landlord does substantially complete such work within such time period, Landlord shall complete all punch list items within sixty (60) days thereafter, provided such items can be completed within such time and if not, within a reasonable time thereafter provided Landlord is diligently pursuing such completion. (e) In the event of damage or destruction to the Premises or any part thereof, Tenant's obligation to pay Fixed Rent and Additional Rent shall be equitably adjusted or abated.

Damage. If fire or other casualty damages all or any part of the Premises, Tenant shall immediately notify Landlord in writing. During any period of time that all or a material portion of the Premises is rendered untenantable as a result of a fire or any portions other casualty, Base Rent and Tenant Reimbursement Amount shall ▇▇▇▇▇ for the portion of the Project serving the Premises are damaged that is untenantable and not used by Tenant (unless such fire or other casualty was caused by any peril, Landlord shall restore the Premises and such portions of the Project to substantially the same condition as existed immediately prior to such damage, unless this Lease is terminated by Landlord or Tenant as set forth belowParty). Landlord shall have the right to terminate this LeaseLease if: (i) the Building shall be damaged so that, which option in Landlord’s reasonable judgment, substantial alteration or reconstruction of the Building shall be required (whether or not the Premises has been damaged); (ii) Landlord is not permitted by Law to rebuild the Building in substantially the same form as existed before the fire or casualty; (iii) the Premises have been materially damaged and there is less than two (2) years of the Term remaining on the date of the casualty; (iv) any Mortgagee requires that the insurance proceeds be applied to the payment of the mortgage debt; or (v) a material uninsured loss to the Building occurs. Landlord may be exercised exercise its right to terminate this Lease by delivery to notifying Tenant of a written notice in writing within sixty ninety (6090) days after the date of such damagecasualty. If Landlord does not terminate this Lease, Landlord shall commence and proceed with reasonable diligence to repair and restore the Building and the Premises. Anything in this Section 14 to the contrary notwithstanding, in no event shall Landlord be required to spend more than the event that: (a) insurance proceeds received by Landlord. Landlord shall not be liable for any loss or damage to Tenant’s Property or to the Premises business of Tenant resulting in any way from the fire or portions other casualty or from the repair and restoration of the Project serving the Premises are damaged by a peril both not covered by the type of insurance Landlord is required to carry under this Lease and not actually covered by valid and collectible insurance carried by Landlord to such an extent that the estimated cost to restore the such areas exceeds ten percent (10%) of the then actual replacement cost thereof (and Tenant does not agree to pay the uninsured amount); or (b) the damage to the Premises or portions of the Project serving the Premises cannot reasonably be restored within one hundred eighty (180) days. If the Premises or portions of the Project serving the Premises are damaged due to any peril, Tenant shall be entitled to an abatement of all Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby. If the damage resulting therefrom cannot be (or is not in fact) repaired within one hundred eighty (180) days following the occurrence of such event, then Tenant also shall be entitled to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to restoration of such damage.