Common use of FIRE CLAUSE Clause in Contracts

FIRE CLAUSE. In the event of a fire or other casualty in the Premises, Lessee shall immediately give notice thereof to Lessor. If the Premises through no fault or neglect of Lessee, its agents or employees shall be partially destroyed by fire or other casualty so as to render the Premises untenantable in whole or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter as to the portion of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not to rebuild, then all rent owed up to the time of such destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and terminate. Lessor shall give Lessee written notice of its decisions, estimates or elections under this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminate.

FIRE CLAUSE. 15.1 In the event of a fire the Premises or any part thereof, the elevators, hallways, stairways or other casualty in the Premisesapproaches thereto, Lessee shall immediately give notice thereof to Lessor. If the Premises through no fault becomes damaged or neglect of Lessee, its agents or employees shall be partially destroyed by fire or other casualty from any cause so as to render said Premises and/or approaches unfit for use and occupancy, a just and proportionate part of the Premises untenantable in whole or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter as Rent according to the portion nature and extent of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause injury to said Premises and/or approaches, shall be suspended or abated until said Premises and/or approaches have been put in as good condition for use and if Lessor shall decide not to rebuild, then all rent owed up to occupancy as at the time of such destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and terminate. Lessor shall give Lessee written notice of its decisions, estimates or elections under this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in immediately prior to such damage or destruction. Landlord shall proceed, at its expense and as expeditiously as may be practicable, to repair the damage unless, because of the substantial extent of the damage or destruction, Landlord should decide not to repair or restore the Premises, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, and at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of LesseeLandlord's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor option Landlord may terminate this Lease on forthwith by giving Tenant a written notice of its intention to Lesseeterminate within thirty (30) days after the date of the fire or other casualty. If Landlord elects to repair the damage, whereupon Landlord shall use reasonable efforts to minimize the disruption to Tenant during such repairs. Landlord shall not be obligated to repair, restore or replace any fixture, improvement, alteration, furniture or other property owned, installed or made by Tenant, all further rights of which shall be repaired, restored or replaced by Tenant. 15.2 If (i) Landlord fails to give notice to Tenant within thirty (30) days of after the date of the fire or other casualty of its intention to restore or repair the Premises, or terminate this Lease, or (ii) the Premises can not be restored and obligations repaired as provided in Section 15.1 within a period of each party ninety (90) days after the date of the fire or other casualty, or (iii) Landlord fails to restore or repair the Premises within ninety (90) days after the date of the fire or other casualty, Tenant shall terminatehave the right, upon notice to Landlord, to terminate this Lease. 15.3 Tenant shall immediately notify Landlord of any damage to the Premises caused by fire or any other casualty. 15.4 No damages, compensation, or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the Building. Subject to the provisions of Section 15.1, Landlord shall diligently proceed to have such repairs made promptly.

FIRE CLAUSE. 17.1 In the event of a fire the Premises or any part thereof, the elevators, hallways, stairways or other casualty in the Premisesapproaches thereto, Lessee shall immediately give notice thereof to Lessor. If the Premises through no fault becomes damaged or neglect of Lessee, its agents or employees shall be partially destroyed by fire or other casualty from any cause so as to render said Premises and/or approaches unfit for use and occupancy, a just and proportionate part of the Rent according to the nature and extent of the damage or injury to said Premises untenantable in whole and/or approaches, shall be suspended or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter until said Premises and/or approaches have been put in as to the portion of the Premises rendered untenantable until such time good condition for use and occupancy as the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not to rebuild, then all rent owed up to at the time of such destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and terminate. Lessor shall give Lessee written notice of its decisions, estimates or elections under this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in immediately prior to such damage or destruction. Landlord shall proceed, at its expense and as expeditiously as may be practicable, to repair the damage unless, because of the substantial extent of the damage or destruction, Landlord should decide not to repair or restore the Premises or the Project, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, and at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor Landlord’s sole option Landlord may terminate this Lease on forthwith by giving Tenant a written notice of its intention to Lesseeterminate within ninety (90) days after the date of the fire or other casualty. Landlord shall not be obligated to repair, whereupon restore or replace any fixture, improvement, alteration, furniture or other property owned, installed or made by Tenant, all further rights and obligations of each party which shall terminatebe repaired, restored or replaced by Tenant. 17.2 Tenant shall immediately notify Landlord of any damage to the Premises caused by fire or any other casualty. 17.3 No damages, compensation, or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the Project. Subject to the provisions of paragraph 17.1, Landlord shall diligently proceed to have such repairs made promptly.

FIRE CLAUSE. In the event of a fire or other casualty in the Leased Premises, Lessee shall immediately give notice thereof to Lessor. If at least twenty-five percent (25%) of the Leased Premises through no fault or neglect of Lessee, its agents or employees shall be partially the Building is destroyed by fire or other casualty so as casualty, Lessor shall have the right to render terminate this Lease or to repair the Leased Premises untenantable in whole or in partwith reasonable dispatch, the rental provided for herein shall ▇▇▇▇▇ thereafter as subject to the portion delays resulting from adjustment of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor loss and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligenceany other cause beyond Lessor's reasonable control; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not be required to rebuildrepair or replace any furniture, then all rent owed up furnishings or other personal property which Lessee may be entitled to remove from the time Leased Premises or any installations in excess of such destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and terminateBuilding standard. Lessor shall give provide written notice to Lessee within thirty (30) days after the date of any casualty as to Lessor's election to terminate or repair. The notice shall provide Lessor's reasonable estimate as to whether the repair or restoration can be completed within ninety (90) days after the date of such notice. In the event Lessor's notice provides that repair or restoration will take more than ninety (90) days from the date of such notice, Lessee shall have the right to terminate this Lease, provided that Lessee must deliver written notice of its decisionselection to terminate within ten (10) days after receipt of Lessor's notice thereof. If Lessee fails to deliver such notice in the time period specified above, estimates Lessee shall be deemed to have waived its right to terminate. Until Lessor's repairs are completed the Rent shall be abated in proportion to the portions of the Leased Premises, if any, which are untenantable or elections under unsuited for the conduct of Lessee's business, and Lessor will use reasonable efforts to assist Lessee in securing a temporary space in the event Lessee is forced to relocate from the Building during the time Lessor completes its repairs to the Building. Notwithstanding anything contained in this Paragraph 5Section, Lessor shall only be obligated to restore or rebuild the Leased Premises to a building Building standard condition; provided, however, Lessee condition and Lessor shall have not be required to expend more funds than the right to cause amount received by Lessor to rebuild or restore from the Premises to the condition they were in prior to such damage or destructionproceeds of any insurance carried by Lessor. Further notwithstanding, in which the event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debtis untenantable as defined as condemned by the City of Raleigh, then Lessor North Carolina, either party may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminateLease.

FIRE CLAUSE. In the event of a fire or other casualty in the Leased Premises, Lessee Tenant shall immediately give notice thereof to LessorLandlord. If the Leased Premises through no fault or neglect any portion of Lessee, its agents or employees shall be partially the Building is destroyed by fire or other casualty so as casualty, Landlord shall have the right to render terminate this Lease or to repair the Leased Premises untenantable in whole or in partwith reasonable dispatch, the rental provided for herein shall ▇▇▇▇▇ thereafter as subject to the portion delays resulting from adjustment of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor loss and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligenceany other cause beyond Landlord's reasonable control; provided, howeverLandlord shall not be required to repair or replace any furniture, furnishings or other personal property which Tenant may be entitled to remove from the Leased Premises or any installations in excess of Building standard, unless such were part of the Upfit (as defined in Exhibit C). Landlord shall provide written --------- notice to Tenant within thirty (30) days after the date of any casualty as to Landlord's election to terminate or repair. The notice shall provide Landlord's reasonable estimate as to whether the repair and restoration can be completed within one hundred eighty (180) days after the date of such notice. In the event such destruction results in Landlord's notice provides that repair or restoration will take more than one hundred eighty (180) days after the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not to rebuild, then all rent owed up to the time date of such destruction or termination notice, Tenant shall be paid by Lessee and thenceforth have the right to terminate this Lease shall cease and terminate. Lessor shall give Lessee Lease, provided that Tenant must deliver written notice of its decisionselection to terminate within ten (10) days after receipt of Landlord's notice thereof. If Tenant fails to deliver such notice in the time period specified above, estimates Tenant shall be deemed to have waived its right to terminate. Until Landlord's repairs are completed the Rent shall be abated in proportion to the portions of the Leased Premises, if any, which are untenantable or elections under unsuited for the conduct of Tenant's business. Notwithstanding anything contained in this Paragraph 5Section, Lessor Landlord shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Leased Premises to the condition they were in that existed immediately prior to such damage or destructionthe casualty, and Landlord shall not be required to expend more funds than the amount received by Landlord from the proceeds of any insurance carried by Landlord, provided Landlord maintains insurance coverage in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in accordance with this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminate.

FIRE CLAUSE. In the event of a If said Premises or any part thereof shall be slightly damaged by fire or other casualty in catastrophic casualty, but not to the extent that the Lessee is deprived of any use of said Premises by reason of such damage, then the Lessor shall, with all due diligence and at the Lessor's expense and cost, repair and restore the said Premises. If said Premises shall be damaged to the extent that the Lessee is deprived of any use thereof by reason of such damage, and such Premises shall be capable of being repaired within a reasonable time, the Lessor shall have the option of repairing the same and during the time that repairs are being made the Lessor shall remit to the Lessee a just and fair portion of the rent according to the extent that the Lessee shall immediately give be deprived of the use of said Premises by reason of such damage by fire. If such repairs shall not be commenced within thirty (30) days after the occurrence of such damage, then the Lessee at its option may terminate this Lease by written notice thereof to the Lessor, whereupon Lessee shall surrender the Premises and shall not be liable for any further rental, and Lessor shall refund unearned rent paid by Lessee calculated at a daily rate based on the rental for the whole term. If the said Premises through no fault are so badly damaged by fire as to render it unfit for Lessee's occupancy, then this Lease may be terminated by either party, upon ten days' written notice to the other, whereupon Lessee shall surrender the Premises and shall not be liable for any further rental, and Lessor shall refund any unearned rent paid by Lessee calculated at a daily rate based on the rental for the whole term. Provided, however, that if damage to the Premises from fire or neglect casualty results in whole or in part from the negligence or intentional act of Lessee, its agents agents, employees or employees shall be partially destroyed by fire or other casualty so as to render the Premises untenantable in whole or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter as to the portion of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not to rebuildinvitees, then all Lessee shall not be entitled to any rent owed up to the time of such destruction abatement or any early termination shall be paid by Lessee and thenceforth for this Lease shall cease and terminate. Lessor shall give Lessee written notice of its decisions, estimates or elections under this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, howeverLease, Lessee shall have pay the right to cause Lessor to rebuild or restore full rent for the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost full remaining term of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at this Lease and perform its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in other duties under this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminate.

FIRE CLAUSE. In the event of partial destruction of the Premises during the term of this Lease, from any cause insured under a fire Standard Form Fire and Extended Coverage policy of insurance which Lessor agrees to maintain, Lessor shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days from the date of such partial destruction, under the then applicable laws, rules and regulations of federal, state and local authorities and in light of the extent of such damage and the then condition of the labor market and availability of materials and supplies, but such partial destruction shall in no way annul or other casualty void this Lease, except that Lessee shall be entitled to a proportionate reduction of the minimum monthly rental amount owed by Lessee pursuant to this Lease, such reduction to be based upon the extent to which the damages and destruction and the making of such repairs shall interfere with the business carried on by Lessee in the Premises, Lessee shall immediately give notice thereof to Lessor. If Lessor need not make such repairs, but nevertheless elects within one hundred eighty (180) days to make the Premises through no fault or neglect of Lesseesame, its agents or employees this Lease shall continue in full force and effect, and the minimum monthly rental amount shall be partially destroyed by fire proportionately reduced in accordance with the immediately preceding sentence. Lessee may terminate this Lease if commencement of such repairs has not occurred within one hundred eighty (180) days or other casualty so as to render the Premises untenantable in whole or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter as to the portion of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in been completed within one year. In the event that Lessor does not elect to make such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlementrepairs, or in such repairs cannot be made, this Lease may be terminated at the event option of either party. A total or substantial damage or destruction of the Building from any cause and if shall, at the option either of Lessor shall decide not to rebuildor Lessee, then all rent owed up to the time of such destruction or termination shall be paid by Lessee and thenceforth terminate this Lease shall cease and terminateLease. Lessor shall give Lessee written notice not be required to repair any injury or damage by fire or any other cause, or to make any repairs or replacements of its decisionsany personal property, estimates furnishings, fixtures, equipment, improvements, contents or elections under this Paragraph 5, Lessor shall only be obligated to restore other property contained or rebuild installed in the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary contained in this Section or this Lease, if Lessor shall not have any obligation to repair, reconstruct or restore the holder Premises when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months of the term of this Lease, nor shall Lessor be required to make expenditures greater than the actual amount of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminaterecovery.

FIRE CLAUSE. In the event of a fire or other casualty in the Premises, Lessee shall immediately give notice thereof to Lessor. A. If the Premises through no fault or neglect of Lessee, its agents or employees demised premises shall be partially destroyed or so injured by fire or other casualty so any cause as to render the Premises untenantable be unfit, in whole or in part, for occupancy, and such destruction or injury could reasonably be repaired within two (2) months from the rental provided for herein happening of such destruction or injury, then Lessee shall ▇▇▇▇▇ thereafter as not be entitled to surrender possession of the demised premises, nor shall Lessee's liability to pay rent under this Lease cease, without the mutual consent of the parties hereto, but in case of any such destruction or injury, Lessor shall repair the same with all reasonable speed and shall complete such repairs within two (2) months from the happening of such damage or injury, and if, during such period, Lessee shall be unable to use all or any portion of the demised premises, a proportionate allowance shall be made to Lessee from the rent, corresponding to the time during which and to the portion of the Premises rendered untenantable until such time as demised premises of which Lessee shall be so deprived to the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event use on account thereof. B. If such destruction results in the Premises being untenantable in whole or in substantial part for a period injury cannot reasonably estimated by a responsible contractor selected by Lessor to be six repaired within two (62) months or longer after Lessor's insurance settlementfrom the happening thereof, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not to rebuild, then all rent owed up to notify Lessee within fourteen (14) days after the time happening of such destruction or termination shall be paid by Lessee and thenceforth injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall cease and terminatebe terminated. If Lessor shall give Lessee written notice of its decisions, estimates elect to repair or elections under this Paragraph 5rebuild, Lessor shall only specify the time within which such repairs or reconstruction will be obligated to restore or rebuild the Premises to a building standard condition; providedcompleted, however, and Lessee shall have the right to cause Lessor to rebuild or restore option, within thirty (30) days after the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost receipt of such restoration or rebuilding notice, to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent elect either to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor may terminate this Lease on written notice and further liability hereunder or to Lessee, whereupon all further rights and obligations extend the term of each party shall terminate.the Lease by a period of time equivalent to the time from the happening of such destruction or injury until the demised premises are restored to their former condition. In the

FIRE CLAUSE. In the event of a fire or other casualty in the Premises, Lessee shall immediately give notice thereof to Lessor. If the Premises through no fault demised premises or neglect of Lesseesaid building, its agents or employees shall be partially destroyed so damaged by fire or other casualty so catastrophe as to render said premises wholly uninhabitable, and if such damage shall be so great that a competent architect, in good standing in the Premises untenantable Boulder County of Colorado, selected by the Landlord shall certify in whole or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter as writing to the portion Landlord and the Tenant that said premises, with the exercise of reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening thereof, then this lease shall cease and terminate from the date of the Premises rendered untenantable until occurrence of such time as damage; and the Premises are made tenantable as determined by Lessor Tenant thereupon shall surrender to the Landlord said premises and Lessor shallall interest therein hereunder, upon receipt and the Landlord may reenter and take possession of insurance proceedssaid premises and remove the Tenant therefrom. The Tenant shall pay rent, commence and prosecute such repair work promptly and with all due diligence; providedduly apportioned, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not to rebuild, then all rent owed up to the time of such destruction or termination of this lease. If however, the damage shall be paid such that such an architect so shall certify that the said demised premises can be made habitable within such number of days from the happening of such damage by Lessee fire or other catastrophe, than the Landlord shall repair the damage so done with all reasonable speed, and thenceforth the rent shall be abated only for the period during which the Tenant shall be deprived of the use of said premises by reason of such damage and the repair thereof. If said demised premises, without the fault of the Tenant, shall be slightly damaged by fire or other catastrophe but not so as to render the same uninhabitable, the Landlord, after receiving notice in writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; but in such event, there shall be no abatement of the rent. In case the building throughout be so injured or damaged, whether by fire or otherwise (though said demised premises may not be affected) that the Landlord within sixty (60) days after the happening of such injury, shall decide to reconstruct, rebuild, or ▇▇▇▇ said building, and shall enter into a bona fide, legal and binding contract therefor, then upon thirty (30) days notice in writing to that effect given by the Landlord to the Tenant, this Lease lease shall cease and terminate. Lessor terminate from the date of the occurrence of said damage, and the Tenant shall give Lessee written notice of its decisionspay rent, estimates or elections under this Paragraph 5properly apportioned, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior up to such damage or destructiondate, in which event Lessee and both parties hereto shall bear the cost be free and discharged of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminatehereunder.

FIRE CLAUSE. In the event of a fire or other casualty in the Premises, Lessee shall immediately give notice thereof to Lessor18.1. If the Premises through no fault or neglect of Lessee, its agents or employees shall be partially destroyed damaged by fire or other casualty so as to render insured against by Landlord's fire and extended coverage insurance policy covering the Building, and the Premises untenantable can be fully repaired, in whole Landlord's opinion, within one hundred and eighty (180) days from the date of such damage, Landlord, at Landlord's expense, shall repair such damage; provided, however, Landlord shall have no obligation: (a) to repair any damage to, or to replace, Tenant Work, alterations, standard tenant improvements or any other property located in partthe Premises; (b) to repair if such damage occurs during the last year of the Lease Term (excluding any renewal option which is unexercised at the date of such damage); or (c) to repair if the mortgagee does not allow the insurance proceeds to be used for such purposes. Except as otherwise provided herein, until the repairs to the Premises are substantially completed, the rental provided for herein Monthly Base Rent shall ▇▇▇▇▇ thereafter as to pro-rata based on the portion part of the Premises rendered untenantable until such time as which is unusable by Tenant. No compensation or rent deduction shall be made for inconvenience, annoyance or injury to business. If, however, the Premises are made tenantable rendered wholly untenantable by fire or other cause as determined by Lessor the Fire ▇▇▇▇▇▇▇▇ for ▇▇▇▇ Arundel County, Maryland or such other duly authorized governmental individual or entity having jurisdiction over said matters, and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor Landlord shall decide not to rebuildrebuild the same, or if the entire Building be so damaged that Landlord shall decide to demolish it or not to rebuild it, then all rent owed up to the time or in any of such destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and terminate. Lessor shall give Lessee written notice of its decisionsevents, estimates or elections under this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor Landlord may, at its option, require Lessee cancel and terminate this Lease by giving Tenant notice in writing, within sixty (60) days of the occurrence of the event causing the damage, of its intention to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in cancel this Lease, whereupon the Lease Term shall terminate upon the thirtieth (30th) day after such notice is given and Tenant shall vacate the Premises and surrender the same to Landlord. In no event shall Landlord be liable to Tenant except to the extent provided in this Article 18, and without limiting the foregoing, Landlord shall not be responsible for consequential damages, lost profits or any damage to Tenant's personal property. 18.2. Effective upon any termination of this Lease and the surrender of the Premises by Tenant under any of the provisions of this Article 18, the parties shall be released thereby and neither party shall have any further liability to the other for any matters arising under this Lease, except for Rent, violations regarding Hazardous Materials and other items which accrued prior to the effective date of termination and are then unpaid or which this Lease provides shall survive its termination. 18.3. It is hereby understood that if the holder Landlord is obligated or elects to repair or restore as herein provided, Landlord shall be obligated to make repairs or restoration only of any debt secured by a lien on those portions of the Building and the Premises which were originally provided at Landlord's expense, and the repair and restoration of items not provided at Landlord's expense shall be the obligation of Tenant. In no event shall Landlord be obligated to repair or Premises requires insurance proceeds restore any trade fixture, furnishings, equipment or personal property belonging to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminateTenant.

FIRE CLAUSE. In If the event improvements on said Leased Premises, during the terms of this Lease should be seriously damaged by fire, explosion, windstorm or in any other manner, so that said improvements may become untenantable, Lessor shall have the option within twenty (20) days thereafter either to cancel this Lease or to begin repairing or restoring the improvements to their former condition, as nearly as may be; if Lessor elects to repair or restore the improvements, the duration of time when the premises are untenantable shall be applied as a fire reduction of the term of the, Lease Agreement, so that no rent shall be paid during such time, but as soon as the Premises shall have been made tenantable again the Lessee shall then promptly reoccupy the Premises under the terms and conditions hereof. If the building is only partially damaged, so that there will be no total cessation of occupancy, Lessor shall repair the damage within reasonable dispatch, but there will be no abatement of the rent on account thereof. If the building is too badly damaged to repair the same or other casualty if Lessor elects not to restore it to a tenantable condition, the Lease shall terminate as of the date of destruction of said Premises, and the unmatured rent herein set forth shall be, canceled, and any unearned prepaid rental, if any, shall be refunded by Lessor to Lessee; but if the Lessee shall be in arrears in his payment of the Premisesrental accrued to that time, Lessee shall immediately give notice thereof forthwith pay up the unpaid balance thereof. Notwithstanding the above, should the damages to Lessor. If the Leased Premises through no fault or neglect of Lessee, its agents or employees shall be partially destroyed by fire or other casualty so as to render the Premises them untenantable in whole or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter as to the portion of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be there is less than six (6) months or longer after Lessor's insurance settlement, or in remaining on the event of total or substantial damage or destruction term of the Building from any cause and if Lessor shall decide not to rebuild, then all rent owed up to the time of such destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and terminate. Lessor shall give Lessee written notice of its decisions, estimates or elections under this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, howeverLease, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires insurance proceeds to be applied to that debt, then Lessor may terminate this the Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminateby so notifying Lessor in writing within ten (10) days after said damage.

FIRE CLAUSE. In This Lease is made on condition that, if the event of a fire premises, or other casualty in the Premisesany part thereof, Lessee shall immediately give notice thereof to Lessor. If the Premises through no fault be destroyed or neglect of Lessee, its agents or employees shall be partially destroyed damaged by fire or other casualty covered by a Standard Fire and Extended Coverage Policy, so as to render said premises unfit for use and occupancy, a proportionate part of the Premises untenantable rent shall be suspended and abated until said premises shall have been put in whole as good condition for use and occupancy as at the time of such damage or destruction, or until this Lease shall be canceled and terminated as next hereinafter provided, as the case may be. It shall be the duty of the Lessor to determine and to notify the Lessee, in partwriting, within forty five (45) days after such damage or destruction, the rental provided for herein shall ▇▇▇▇▇ thereafter date by which the premises can be fully restored with reasonable diligence. II the date by which such restoration can be completed, as to the portion of the Premises rendered untenantable until such time as the Premises are made tenantable as determined by Lessor and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, stated in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to Lessor's notice, shall be later, than six (6) months after such damage or longer destruction, then either party hereto shall have the right, to be exercised within thirty (30) days after receipt of such notice from the Lessor, to cancel and terminate this Lease, by giving to the other party a written notice of his desire so to cancel and terminate; but if this Lease shall not be so canceled, it shall remain in full force and effect and the Lessee shall reoccupy the premises when fully restore([ However, if the date by which such restoration can be completed, as stated in the Lessor's insurance settlementnotice, shall be earlier than six (6) months after such damage or destruction, this Lease shall remain in full force and effect, and the event Lessee shall reoccupy the premises when fully restored, provided, however, that if, at the expiration of total a period of six (6) months following such damage or substantial destruction, the premises shall not have been fully restored as a result of some cause beyond the Lessor's control, the Lessor shall have the right to complete such restoration, provided he shall use reasonable diligence in so doing, without thereby affording to the Lessee the right to cancel this Lease. In case of damage or destruction of the Building from any cause premises by an uninsured casualty, or if the estimated cost of repair or restoration shall exceed Lessor's insurance recovery, the Lessor, at its option, may cancel and if Lessor shall decide not to rebuild, then all rent owed up to the time of such destruction or termination shall be paid by Lessee and thenceforth terminate this Lease shall cease and terminate. Lessor shall give by giving the Lessee a written notice of its decisions, estimates or elections under to this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior to effect within forty five (45) days after such damage or destruction, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, but if the holder Lessor shall not so elect to terminate, all of any debt secured by a lien on the Building or Premises requires insurance proceeds provisions hereinbefore contained respecting an insured casualty shall be equally applicable to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminatesuch non-insured casualty.

FIRE CLAUSE. (a) In the event of a fire or other casualty in the Leased Premises, Lessee Tenant shall immediately give notice thereof to LessorLandlord. If the Leased Premises through no fault or neglect of Lessee, its agents or employees shall be partially destroyed by fire or other casualty so as to render the Leased Premises untenantable in whole or in part, the rental provided for herein shall ▇▇▇▇▇ thereafter as to the portion of the Leased Premises rendered untenantable until such time as Landlord restores the Office Building and/or Leased Premises are made tenantable to substantially the same condition as determined by Lessor existed immediately prior to the date of damage, and Lessor shall, upon receipt of insurance proceeds, Landlord agrees to commence and prosecute such repair work required of Landlord hereunder promptly and with all due diligence; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Leased Premises as of the date of damage (or those portions of the Leased Premises that were not building standard prior to such damage or destruction but that Tenant has elected for Landlord to restore to building standard, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction), and Tenant shall, subject to the terms of this Section 6.3, be required to restore any other leasehold improvements and pay the cost for same; provided, however, in the event such destruction (i) results in total or substantial damages to or destruction of the Office Building and Landlord shall decide not to rebuild, or (ii) results in the Leased Premises being untenantable in whole or in substantial part for and the reasonable estimation of a period reasonably estimated by a responsible reputable independent contractor selected by Lessor Landlord (the “Estimation”) as to be six the amount of time necessary to rebuild or restore such destruction to the Leased Premises and all other portions of the Office Building is nine (69) months or longer after Lessor's insurance settlement, or in more from the event of total or substantial damage or destruction date of the Building from any cause and if Lessor shall decide not to rebuildcasualty, then then, in either such event, all rent Rent owed up to the time of such destruction or termination shall be paid by Lessee Tenant and thenceforth this Lease shall shall, at Landlord’s sole option (to be exercised by written notice thereof to Tenant), cease and terminatecome to an end. Lessor Landlord shall give Lessee written notice of its Landlord’s decisions, estimates or elections under this Paragraph 5Section 6.3 within sixty (60) days after any such damage or destruction (“Landlord’s Casualty Notice”). Notwithstanding anything contained in this Section 6.3, Lessor in the event such destruction results in the Leased Premises being untenantable in whole or in substantial part, Landlord does not elect to terminate the Lease pursuant to the terms of this Section 6.3, and the reasonable estimation of a reputable independent contractor selected by Landlord as to the amount of time necessary to rebuild or restore such destruction to the Leased Premises is nine (9) months or more from the date of the casualty, then all Rent owed up to the time of such destruction shall only be obligated paid by Tenant and thenceforth this Lease shall, at Tenant’s sole option (to be exercised by written notice thereof to Tenant within thirty (30) days following receipt of such estimation), cease and come to an end. Notwithstanding anything contained in this Section 6.3, (x) in no event shall Landlord be required to expend the proceeds of any insurance carried by Landlord that are required by the holder of a lien on the Building to be applied to the payment of the indebtedness secured thereby and (y) Landlord shall have no obligation hereunder to repair or restore Tenant’s property or rebuild any alterations or improvements to the Leased Premises, including, without limitation, Tenant’s Work which, in each case, are not building standard leasehold improvements; however, Tenant may elect (which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) for Landlord to cause all or portions of the Leased Premises that were not building standard improvements prior to such damage or destruction to be restored to a building standard condition; providedcondition at Landlord’s cost and expense. Promptly after Landlord substantially completes the restoration work required by Landlord hereunder, howeverif any, Lessee (or if there is no restoration work required to be performed by Landlord hereunder, promptly after the damage occurs), Tenant shall have the right to cause Lessor to rebuild or restore the Premises Leased Premises, including, without limitation the alterations and improvements thereto, which, in each case, are above building standard leasehold improvements, to the condition they were in immediately prior to such damage or destructiondestruction provided, however, Tenant shall have the right to elect to have Landlord replace any damaged above building standard leasehold improvement(s) with building standard improvements at Landlord’s cost and expense or, if and to the extent permitted by Landlord’s insurer, elect for Landlord to give Tenant a credit (which credit shall be provided by Landlord to Tenant in which event Lessee shall bear accordance with the terms of the Lease as if such credit was Construction Allowance) for the cost of such building standard improvements (in each case, which election shall be made by Tenant no later than sixty (60) days after such damage or destruction) and allow Tenant to pay for any excess costs to install substitute alterations, which substitute alterations shall be subject to Landlord’s reasonable approval; provided further that Tenant shall also have the right to forego the restoration or rebuilding of a particular above building standard leasehold improvement to the extent that Landlord has restored the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent leasehold improvement in the applicable area of the Leased Premises. In the event the Leased Premises are damaged or destroyed by fire or other casualty and Landlord or Tenant do not elect to commencement of construction, Lessor may, at its option, require Lessee to PREPAY terminate the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything Lease pursuant to the contrary terms of this Section 6.3, unless the restoration work Landlord is obligated to perform hereunder is substantially completed within nine (9) months from the date of the casualty (or the later period of time set forth in this LeaseLandlord’s Casualty Notice, if the holder of any debt secured by a lien based on the Building or Premises requires insurance proceeds Estimation) (each such period to be applied subject, however, to that debtextension by one day for each day of Force Majeure (but in no event beyond twelve (12) months from the date of the casualty) and one day for each day of Tenant’s Delay), then Lessor may Tenant shall have the right to terminate this Lease after the expiration of such nine (9) month period (or the later period of time set forth in Landlord’s Casualty Notice, based on written the Estimation) (as each such period may be extended as provided above) but prior to the time that the restoration work Landlord is obligated to perform hereunder is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice to Lesseeis given, whereupon all further rights with the same force and obligations effect as if such date were the date originally established as the Expiration Date unless, within such thirty (30) day period such restoration work is substantially completed, in which case Tenant’s notice of each party termination shall terminatebe of no force and effect and this Lease and the Term shall continue in full force and effect.

FIRE CLAUSE. In the event of a fire or other casualty in the Premises, Lessee shall immediately give notice thereof to Lessor16.1. If the Premises through no fault or neglect of Lessee, its agents or employees shall be partially destroyed damaged by fire or other casualty so as to render insured against by Landlord's fire and extended coverage insurance policy covering the Building, and the Premises untenantable can be fully repaired, in whole Landlord's opinion, within one hundred and eighty (180) days from the date of such damage, Landlord, at Landlord's expense, shall repair such damage; provided, however, Landlord shall have no obligation: (a) to repair any damage to, or to replace, Tenant's non-Preoccupancy Tenant Work standard tenant improvements or any other property located in partthe Premises; (b) to repair if such damage occurs during the last year of the lease term (excluding any renewal option which is unexercised at the date of such damage); or (c) to repair if the mortgagee does not allow the insurance proceeds to be used for such purposes. Except as otherwise provided herein, until the repairs to the Premises are substantially completed, the rental provided for herein Monthly Base Rent shall ▇▇▇▇▇ thereafter as to pro-rata based on the portion part of the Premises rendered untenantable until such time as which is unusable by Tenant. No compensation or rent deduction shall be made for inconvenience, annoyance or injury to business. If, however, the Premises are made tenantable rendered wholly untenantable by fire or other cause as determined by Lessor the Fire ▇▇▇▇▇▇▇▇ for ▇▇▇▇ Arundel County, Maryland or such other duly authorized governmental individual or entity having jurisdiction over said matters, and Lessor shall, upon receipt of insurance proceeds, commence and prosecute such repair work promptly and with all due diligence; provided, however, in the event such destruction results in the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor Landlord shall decide not to rebuildrebuild the same, or if the entire Building be so damaged that Landlord shall decide to demolish it or not to rebuild it, then all rent owed up to the time or in any of such destruction or termination shall be paid by Lessee and thenceforth this Lease shall cease and terminate. Lessor shall give Lessee written notice of its decisionsevents, estimates or elections under this Paragraph 5, Lessor shall only be obligated to restore or rebuild the Premises to a building standard condition; provided, however, Lessee shall have the right to cause Lessor to rebuild or restore the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor Landlord may, at its option, require Lessee cancel and terminate this Lease by giving Tenant notice in writing, within sixty (60) days of the occurrence of the event causing the damage, of its intention to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in cancel this Lease, whereupon the term of this Lease shall terminate upon the thirtieth (30th) day after such notice is given and Tenant shall vacate the Premises and surrender the same to Landlord. In no event shall Landlord be liable to Tenant except to the extent provided in this Article 16, and without limiting the foregoing, Landlord shall not be responsible for consequential damages, lost profits or any damage to Tenant's personal property. 16.2. Effective upon any termination of this Lease and the surrender of the Premises by Tenant under any of the provisions of this Article 16, the parties shall be released thereby and neither party shall have any further liability to the other for any matters arising under this Lease, except for rent, violations regarding Hazardous Materials and other items which accrued prior to the effective date of termination and are then unpaid or which this Lease provides shall survive its termination. 16.3. It is hereby understood that if the holder Landlord is obligated or elects to repair or restore as herein provided, Landlord shall be obligated to make repairs or restoration only of any debt secured by a lien on those portions of the Building and the Premises which were originally provided at Landlord's expense, and the repair and restoration of items not provided at Landlord's expense shall be the obligation of Tenant. In no event shall Landlord be obligated to repair or Premises requires insurance proceeds restore any trade fixture, furnishings, equipment or personal property belonging to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminateTenant.

FIRE CLAUSE. In the event of a fire or other casualty in the Premises, Lessee shall immediately give notice thereof to Lessor. a. If the Premises through no fault or neglect of Lessee, its agents or employees demised premises shall be partially destroyed or so injured by fire or other casualty so any cause as to render the Premises untenantable be unfit, in whole or in part, for occupancy, and such destruction or injury could reasonably be repaired within sixty (60) days from the rental provided for herein happening of such destruction or injury, then Lessee shall ▇▇▇▇▇ thereafter as not be entitled to surrender possession of the demised premises, nor shall Lessee's liability to pay rent under this Lease cease, without the mutual consent of the parties hereto, but in case of any such destruction or injury, Lessor shall repair the same with all reasonable speed and shall complete such repairs within sixty (60) days from the happening of such damage or injury, and if, during such period, Lessee shall be unable to use all or any portion of the demised premises, a proportionate allowance shall be made to Lessee from the rent, corresponding to the time during which and to the portion of the Premises rendered untenantable until demised premises of which Lessee shall be so deprived of the use on account thereof. b. If such destruction or injury cannot reasonably be repaired within sixty (60) days from the happening thereof, Lessor shall notify Lessee within twenty (20) days after the happening of such destruction or injury whether or not Lessor will repair or rebuild. If Lessor elects not to repair or rebuild, this Lease shall be terminated. If Lessor shall elect to repair or rebuild, Lessor shall specify the time as within which such repairs or reconstruction will be completed, and Lessee shall have the Premises are made tenantable as determined by Lessor and Lessor shalloption, upon within ten (10) days after the receipt of insurance proceedssuch notice, commence to elect either to terminate this Lease and prosecute further liability hereunder or to extend the term of the Lease by a period of time equivalent to the time from the happening of such repair work promptly and with all due diligence; provideddestruction or injury until the demised premises are restored to their former condition. In the event Lessee elects to extend the term of this Lease, however, Lessor shall restore the demised premises to their former condition within the time specified in the event such destruction results in notice, and Lessee shall not be liable to pay rent for the Premises being untenantable in whole or in substantial part for a period reasonably estimated by a responsible contractor selected by Lessor to be six (6) months or longer after Lessor's insurance settlement, or in the event of total or substantial damage or destruction of the Building from any cause and if Lessor shall decide not to rebuild, then all rent owed up to the time of such destruction or termination shall be paid injury until the demised premises are so restored to their former 10 condition. c. Both the Lessor and Lessee hereby waive and relinquish any and all rights which each may have against the other on account of any claims for damages resulting from a loss to property owned by Lessee and thenceforth this Lease shall cease and terminate. Lessor shall give Lessee written notice the other, it being the sole intention of its decisions, estimates or elections under this Paragraph 5, Lessor shall only be obligated the parties to restore or rebuild eliminate the Premises right of either party to a building standard condition; provided, however, Lessee shall have the right subrogation of his own rights to cause Lessor to rebuild or restore the Premises to the condition they were in prior to such damage or destruction, in which event Lessee shall bear the cost of such restoration or rebuilding to the extent the same exceeds the costs Lessor would have incurred had only building standard improvements been used; provided, as a condition precedent to commencement of construction, Lessor may, at its option, require Lessee to PREPAY the construction costs in excess of those costs necessary to complete the Premises to building standard condition or provide evidence satisfactory to Lessor of Lessee's ability to pay such costs. Notwithstanding anything to the contrary in this Lease, if the holder of any debt secured by a lien on the Building or Premises requires his insurance proceeds to be applied to that debt, then Lessor may terminate this Lease on written notice to Lessee, whereupon all further rights and obligations of each party shall terminatecompany.