Common use of Fire Clause in Contracts

Fire. (a) If the Leased Premises are at any time damaged or destroyed as a result of fire, the elements, accident or other perils as are insured against from time to time pursuant to Paragraph 9 hereof, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate the Lease by giving to the the other party notice in writing of the election to terminate the Lease. In the event of such termination, the Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 21, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive of any work performed in and to the Leased Premises by or on behalf of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage or destruction and until the completion of the Landlord’s Work of Reconstruction, the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion of the Leased Premises rendered untenantable), if in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by the Landlord in respect of the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises in accordance with the provisions of this Paragraph 21, the Landlord shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. (d) The decision of the Landlord’s architect or engineer as to (i) the time within which the Leased Premises can or cannot be repaired, (ii) the extent of the damage or destruction to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto.

Fire. (a) If the Leased Premises are at any time damaged or destroyed as a result of fire, the elements, accident or other perils as are insured against from time to time pursuant to Paragraph 9 hereof, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate the Lease by giving to the the other party notice in writing of the election to terminate the Lease. In the event of such termination, the Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 21, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive of any work performed in and to the Leased Premises by or on behalf of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage or destruction and until the completion of the Landlord’s Work of Reconstruction, the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion of the Leased Premises rendered untenantable), if in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by the Landlord in respect of the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises in accordance with the provisions of this Paragraph 21, the Landlord shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. (d) The decision of the Landlord’s architect or engineer as to (i) the time within which the Leased Premises can or cannot be repaired, (ii) the extent of the damage or destruction to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto.

Fire. (a) If Provided, and it is hereby expressly agreed, that if and whenever during the Leased Premises are at any time Term the Building shall be destroyed or damaged or destroyed as a result of by fire, the elements, accident lightning or other perils as are insured against by the Landlord from time to time pursuant time, then and in every such event: (a) If the damage or destruction to Paragraph 9 hereof, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds Building renders twenty-five percent (25%) or more of the replacement cost thereof; Building wholly unfit for occupancy or (iii) if it is impossible or unsafe to use and occupy the Building, or if in the opinion of the Landlord’s architect Landlord the Building is damaged or engineerdestroyed to such a material extent or the damage or destruction is of such a nature that the Building must be or should be totally or partially demolished, whether to be given re-constructed in whole or in part or not, or if the cost of repairing or rebuilding the Building as soon as reasonably possible after the occurrence a result of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty destruction exceeds twenty-five percent (12025%) days of the happening of such damage or destructionreplacement cost thereof, then, in each case, then either party may, at its option, to be exercised within thirty (30) days of the happening of such occurrencedamage or destruction, terminate the this Lease by giving to the the other party notice in writing of the election to terminate the Lease. In the event of such termination, in which event this Lease and the Term hereby demised shall cease and be at an end as of the date of such destruction or damage, and the Minimum Rent and all other payments for which the Tenant is liable under the terms of this lease shall be apportioned and paid in full to the date of such destruction or damage. (b) If the damage or destruction is such that the Leased Premises are rendered unfit for occupancy or if it is impossible or unsafe to use and occupy the Leased Premises, and if in either event, the damage, in the opinion of the Landlord to be given to the Tenant within thirty (30) days of the happening of such damage or destruction, cannot be repaired with reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then, either the Landlord or the Tenant may within five (5) days next succeeding the giving of the Landlord’s opinion, as aforesaid, terminate this Lease by giving to the other notice in writing of such termination in which event, this Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction destruction, and the Minimum Rent and all other additional rent payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or and damage. (b) If . In the event that neither the Landlord does not elect to or the Tenant so terminate the Lease in accordance with Subparagraph (a) of this Paragraph 21Lease, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises (to the extent only of its obligations the Landlord’s work in respect of connection with the original construction of the Leased Premises and exclusive for greater certainty shall in no event include any leasehold improvement or fixtures unless originally installed by the Landlord) with all reasonable speed and the Minimum Rent hereby reserved shall ▇▇▇▇▇, to the extent of any work performed all insurance recoveries received by the Landlord from the date of the happening of the damage until the damage shall be repaired by the Landlord to the extent hereinbefore set out in and to this Paragraph 21(b). (c) If the damage is such that the Leased Premises by are wholly unfit for occupancy or on behalf if it is impossible and unsafe to use and occupy the Leased Premises, but, if in either event, the damage, in the opinion of the Landlord, to be given to the Tenant within thirty (30) days from the “happening of such damage can be repaired (to the extent hereinbefore set out in Paragraph 21(b)) with reasonable diligence within one hundred and twenty (120) days from the happening of such damage, then, the Minimum Rent hereby reserved shall ▇▇▇▇▇, to the extent of all insurance coverage received by the Landlord’s Work of Reconstruction”). From , from the date of the happening of such damage or destruction and until the completion damage shall be repaired by the Landlord to the extent hereinbefore set out in Paragraph 21(b). (d) If in the opinion of the Landlord’s Work , the damage to the Leased Premises can be made good, as aforesaid, within one hundred and twenty (120) days of Reconstructionthe happening of such destruction or damage, and the damage is such that the Leased Premises are capable of being partially used for the purpose for which the Leased Premises are hereby leased, then, until such damage has been repaired (to the extent set out in Paragraph 21(b)), the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of proportion that the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion part of the Leased Premises rendered untenantable), if in unfit for occupancy bears to the opinion whole of the Landlord’s architect or engineerLeased Premises, and the Leased Premises are rendered untenantable only in part, subject, in either case, Landlord shall repair the damage (to the extent of the insurance proceeds actually received by the Landlord set out in respect of the insurance maintained pursuant to Paragraph 9(a)(iii21(b)) with all reasonable speed. (ce) If In the event the Landlord shall elect to repair, reconstruct or rebuild the Building or the Leased Premises Premises, as the case may be, in accordance with the provisions of this Paragraph 21, it is acknowledged and agreed by the Tenant that the Landlord shall be entitled to use all plans and specifications and working drawings in connection therewith other than those used in the original construction of the Building or the Leased Premises. (df) The decision of the Landlord’s architect or engineer as to (i) the time within which the Building and/or the Leased Premises can or cannot be repaired, (ii) the extent state of tenantability or fitness of the damage or destruction Leased Premises and/or the Building, and as to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work work of Reconstruction repair is completed, shall, in each case, shall be final and binding upon the parties hereto.

Fire. (a) If the Leased Premises shall be partially damaged by fire or similar casualty as is covered under insurance policies carried by Landlord, the damage shall be repaired by and at the expense of Landlord to the extent provided for pursuant to the provisions thereof. Any fire or similar casualty damage to the Premises, within the deductible limits of the aforementioned policies shall be repaired by Landlord, but paid for by Tenant as additional rent. The rent, until such repairs are made, shall be apportioned according to the portion of the Premises which was damaged or which has been made unusable, whichever is less. Nevertheless the Lease shall continue in full force and effect. If the Premises are at any time totally or substantially damaged by fire or destroyed similar casualty as a result is covered under policies required of fire, the elements, accident or other perils as are insured against from time to time Landlord pursuant to Paragraph 9 hereofthe covenants of this Lease, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, at its option, decides not to be exercised restore or not to rebuild same, Landlord shall then, within thirty sixty (3060) days after such fire, give Tenant notice of such decision, and thereupon this Lease shall expire by lapse of time upon the fifth day after such notice is given. Tenant shall then vacate the Premises and surrender same to Landlord. For the purpose of this Lease substantial damage is defined as that which is greater than twenty (20%) percent of the happening of such occurrence, terminate the Lease by giving to the the other party notice in writing insured value of the election premises as determined by the cost estimate of Landlord. Tenant acknowledges that Landlord will not carry insurance on the furniture, furnishings, inventory, fixtures, equipment, improvements, alterations, additions, property, appurtenances, or similar items that are not the property of Landlord in or upon the Premises and agrees that Landlord is not and shall not be obligated to terminate the Leaserepair any damage or loss thereto, nor replace same, nor compensate any person or party for any loss, damage, or destruction regardless of cause and/or reason. In the event of such terminationLandlord, the Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full its option, decides to the date of such destruction or damage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 21, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive of any work performed in and to the Leased Premises by or on behalf of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage or destruction and until the completion of the Landlord’s Work of Reconstruction, the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion of the Leased Premises rendered untenantable), if in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by the Landlord in respect of the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct restore or rebuild the Leased Premises in Premises, no penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or for delays on account of labor troubles or other reasons or causes beyond Landlord's control. In accordance with the provisions this paragraph, Tenant explicitly waives applicability of this Paragraph 21, the Landlord shall be entitled to use plans N.J.S.A. 46:8-6 and specifications and working drawings in connection therewith other than those used in the original construction of the Leased PremisesN.J.S.A. 46:8-7. (d) The decision of the Landlord’s architect or engineer as to (i) the time within which the Leased Premises can or cannot be repaired, (ii) the extent of the damage or destruction to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto.

Fire. (a) If 14.1 In case of any damage to the Building or the Property by fire or other casualty occurring during the Term of this Lease or previous thereto, which renders the Leased Premises are at any time damaged or destroyed as a result of fire, wholly untenantable so that the elements, accident or other perils as are insured against from time to time pursuant to Paragraph 9 hereof, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises same cannot be repaired with reasonable diligence within one hundred and twenty (120) days of from the happening of such damage damage, then the terms hereby created shall, at the option of the Landlord or destructionTenant, thenterminate from the date of such damage, provided Landlord shall advise Tenant, in each casewriting, either party may, at its option, to be exercised within thirty (30) days of such casualty that it cannot repair the damage within one hundred twenty (120) days. In the event the Landlord elects to terminate the Lease for any reason which is due to the inability to restore the Premises within the one hundred twenty- (120) day period, Landlord or Tenant shall notify the other, in writing, by certified mail, return receipt requested, of such a fact within forty (40) days of the happening of the fire or casualty, and in such occurrence, terminate event the Lease by giving Tenant shall immediately surrender the Leased Premises and shall pay rent only to the time of such damage and the other party notice in writing of Landlord may re-enter and repossess the election to terminate the Premises discharged from this Lease. In the event the Landlord can restore the Premises within one hundred twenty (120) days, it shall advise the Tenant of such terminationfact within thirty (30) days in writing, by certified mail, return receipt requested, and the Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be apportioned and paid remain in full to force and effect during the date period of such destruction or damage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 21Landlord's restoration, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive of any work performed in and to the Leased Premises by or on behalf of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage or destruction and until the completion of the Landlord’s Work of Reconstruction, the Minimum Rent except that rent shall ▇▇▇▇▇ while the repairs and restorations are being made, but the rent shall recommence within ten (i10) in its entirety ifdays after restoration of the Premises and delivery of the same by the Landlord to the Tenant, together with a Certificate of Occupancy as required by applicable governmental authority having jurisdiction thereof. Landlord agrees that it will undertake reconstruction and restoration of the damaged Premises with due diligence and reasonable speed and dispatch. If a Certificate of Occupancy shall not be required, the Premises shall be deemed restored when Landlord shall certify to Tenant, in writing, that it has completed restoration. 14.2 If the opinion of Building shall be damaged, but the damage is repairable by Landlord’s architect or engineer's estimation within one hundred twenty (120) days, the Leased Premises are rendered wholly untenantable or (ii) proportionatelyLandlord agrees to repair the same with reasonable promptness. In such event, (to the rent accrued and accruing shall not ▇▇▇▇▇, except for that portion of the Leased Premises that has been rendered untenantable), if in and as to that portion the opinion of the rent shall ▇▇▇▇▇ based on equitable adjustments as determined by Landlord’s architect or engineer, the . The Leased Premises are rendered shall be deemed untenantable only in part, subject, in either case, to the extent that access to the Premises shall be denied which shall include unavailability of elevator service, or if Tenant cannot conduct its business at the insurance proceeds actually received Premises in a normal manner as heretofore conducted prior to the fire or casualty. 14.3 In connection with Landlord's restoration as hereinabove referred to, in determining what constitutes reasonable promptness consideration shall be given to delays caused by acts of God, strikes, and other causes of Force Majeure beyond the Landlord's control. 14.4 The Tenant shall immediately notify the Landlord in respect case of fire or other damage to the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises in accordance with the provisions of this Paragraph 21, the Landlord shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. 14.5 Notwithstanding anything contained in 14.1 or 14.2 above, if such repairs are for any reason not completed within one hundred twenty (d120) The decision days, then the Tenant shall have the right to terminate this Lease, and in such event of the Landlord’s architect or engineer as to (i) the time within which the Leased Premises can or cannot termination Landlord and Tenant shall thereupon be repaired, (ii) the extent released of the damage or destruction liability one to the Leased Premisesother, (iii) and the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work of Reconstruction is completed, shall, in each case, within Lease shall be final deemed null and binding upon the parties heretovoid.

Fire. (a) If 13.1 In the Leased event of the total destruction of the Premises are at any time damaged or destroyed as a result of fire, the elements, accident by fire or other perils as are insured against from time to time pursuant to Paragraph 9 casualty during the term hereof, and if as a result or in the event of such occurrence: (i) fifty percent (50%) partial destruction thereof as to render the Premiss wholly untenable or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) , then in either event, unless such damage can in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible repaired within ninety (90) days after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate the Lease by giving to the the other party notice in writing of the election to terminate the Lease. In the event of such termination, the this Lease and the Term term hereby demised created, shall cease and be at an end as of from the date of such damage or destruction and Tenant shall, upon written notice from Landlord, immediately surrender the Minimum Rent Premises to Landlord, and all other additional rent for which Tenant shall pay, within said term, only to the Tenant is liable under time of such damage or destruction. If, however, in Landlord's opinion the terms of damage as aforesaid can be repaired within ninety (90) days from the occurrence thereof, Landlord shall (unless Landlord shall elect not to repair or rebuild, as hereinafter provided), repair the Premises will reasonably speed, and this Lease shall be apportioned continue tin full force and paid in full effect but the Rent and Additional Rent shall abate from the occurrence of the ▇▇▇▇ge until the completion of such repairs, unless such damage is due to the date fault or neglect of Tenant, Tenant's servants, agents, employees, visitors or licensees, in which event there shall ben o such destruction abatement or damagerent. (b) If 13.2 In the Landlord event of the partial destruction of the building or the Premises by fire or other casualty during the term hereof, which partial destruction does not elect to terminate render the Lease in accordance with Subparagraph (a) of this Paragraph 21Premises wholly untenable or unfit for occupancy, then, the Landlord shall commence (unless Landlord shall elect not to repair or rebuild as hereinafter provided), repair the damage with all reasonable diligence 107 speed and this Lease shall continue in full force and effect but until the completion of such repairs the Basic Rent and Additional Rent shall abate in proportion to reconstructthe area of ▇▇▇ Premises which is unusable by Tenant, unless such damage is due to the fault or neglect of Tenant, Tenant's servants, agents, employees, visitors or licensees in which event there shall be no such abatement of rent. 13.3 In the event that the building or the Premises shall be slightly damage by fire or other casualty so as not to substantially effect the operation of Tenant's business in the Premises then in that event, there shall be no abatement of rent and this Lease shall continue in full force and effect, and Landlord shall enter and repair the damage with all reasonable speed. 13.4 Notwithstanding anything contained here to the contrary: If the Premises is damaged by a casualty which is not insured or whose cost of repair or reconstruction exceeds the amount of insurance and Landlord decides, in its sole judgment, either not to repair, reconstruct or rebuild or repair to demolish the Leased Premises to or entire building, then upon the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive happening of any work performed in such event, Landlord may cancel this Lease by giving written notice of such cancellation to Tenant within thirty (30) days after the happening of such damage and to thereupon this Lease and the Leased Premises by or on behalf term hereof shall cease and terminate as of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage and rent and other charges payable by Tenant shall be prorated to the day of such damage. 13.5 Landlord shall use its best efforts to effect such repair or destruction restoration promptly and until the completion in such manner as not to unreasonably interfere with Tenant's use and occupancy of the Landlord’s Work of Reconstruction, the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion of the Leased Premises rendered untenantable), if in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by the Landlord in respect of the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises in accordance with the provisions of this Paragraph 21, the Landlord but such effort shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. (d) The decision of the Landlord’s architect or engineer as subject to (i) the time within which the Leased Premises can or cannot be repairedLandlord's inability to obtain materials, (ii) the extent acts of the damage or destruction to the Leased PremisesGod, (iii) the cost of repairing strikes, fire or rebuilding the Leased Premisesweather, (iv) acts of governmental authority or any other cause beyond the date on which the control of Landlord’s Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto.

Fire. (a) If 23.01 Provided, and it is hereby expressly agreed, that if and whenever during the Leased Premises are at any time Term, the Building shall be destroyed or damaged or destroyed as a result of by fire, the elements, accident lightning or other perils as are insured against by the Landlord from time to time pursuant time, then and in every such event: 23.01.1 If the damage or destruction to Paragraph 9 hereof, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds Building renders twenty-five percent (25%) or more of the replacement cost thereof; Building wholly unfit for occupancy or (iii) if it is impossible or unsafe to use and occupy the Building, or if in the reasonable opinion of the Landlord’s architect Landlord the Building is damaged or engineerdestroyed to such a material extent or the damage or destruction is of such a nature that the Building must be or should be totally or partially demolished, whether to be given reconstructed in whole or in part or not, or if the cost of repairing or rebuilding the Building as soon as reasonably possible after the occurrence a result of such damage or destructiondestruction exceeds twenty-five percent (25%) of the replacement cost thereof, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, Landlord may at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate the Lease this lease by giving to the the other party Tenant notice in writing of the election to terminate the Lease. In the event of such termination, the in which event this Lease and the Term hereby demised denied shall cease and be at an end as of the date of such damage destruction or destruction damage, and the Minimum Rent and all other additional rent payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. (b) 23.01.2 If the damage or destruction is such that the Leased Premises are rendered unfit for occupancy or if it is impossible or unsafe to use and occupy the Leased Premises, and if in other event, the damage, in the reasonable opinion of the Landlord, to be given to the Tenant within thirty (30) days of the happening of such damage or destruction cannot be repaired with reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then either the Landlord does not elect or the Tenant may within five (5) days next succeeding the giving of the Landlord's opinion, as aforesaid, terminate this Lease by giving to terminate the other notice in writing of such termination, in which event this Lease in accordance with Subparagraph (a) and the Term hereby devised shall cease and be at an end as of the date of such damage or destruction, and the Minimum Rent and all other payments for which the Tenant is liable under the terms of this Paragraph 21Lease shall be apportioned and paid in full to the date of such destruction and damage. In the event that neither the Landlord nor the Tenant so terminate this Lease, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises Premised (to the extent only of its obligations the Landlord's work in respect of connection with the original construction of the Leased Premises and exclusive for greater certainty shall in no event include any leasehold improvement or fixtures unless originally installed by the Landlord) with all reasonable speed and the Minimum Rent and additional rent hereby reserved shall state. 23.01.3 If the damage is such that the Leased Premises are wholly unfit for occupancy or if it is impossible and unsafe to use and occupy the Leased Premises, but, if in either event, the damage, in the reasonable opinion of any work performed the Landlord to be given to the Tenant within thirty (30) days from the happening of such damage, can be repaired (to the extent hereinbefore set out in Paragraph 23.01.2) with reasonable diligence within one hundred and twenty (120) days from the happening of such damage, then, the Minimum Rent and additional rent hereby reserved shall not ▇▇▇▇▇. Subject to the provisions relating to Unavoidable Delay as set out in Paragraph 32.01 hereof, if the Landlord shall fail to repair the damage within the aforesaid period of one hundred and twenty (120) days then Minimum Rent shall ▇▇▇▇▇ from the one hundred and twenty first (121st) day until the damage shall be repaired to the extend hereinbefore set out in Paragraph 23.01.2. 23.01.4 If, in the reasonable opinion of the Landlord, the damage to the Leased Premises by or on behalf of the Tenant can be made good, as aforesaid, within one hundred and twenty (the “Landlord’s Work of Reconstruction”). From the date 120) days of the happening of such destruction or damage, and the damage or destruction and is such that the Leased Premises are capable of being partially used for the purpose for which the Leased Premises are hereby leased, then, until such damage has been repaired (to the completion of the Landlord’s Work of Reconstructionextent set out in Paragraph 23.01.2), the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion proportion that the part of the Leased Premises rendered untenantable), if in unfit for occupancy bears to the opinion of the Landlord’s architect or engineer, whole the Leased Premises are rendered untenantable only in partPremises, subject, in either case, and the Landlord shall repair the damage (to the extent of the insurance proceeds actually received by the Landlord set out in respect of the insurance maintained pursuant to Paragraph 9(a)(iii)23.01.2) with all reasonable speed. (c) If 23.01.5 In the event the Landlord shall elect to repair, reconstruct or rebuild the Building or the Leased Premises Premises, as the case may be, in accordance with the provisions of this Paragraph 2123, it is acknowledged and agreed by the Tenant that the Landlord shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Building or the Leased Premises.; and (d) 23.01.6 The decision of the Landlord’s 's architect or engineer as to (i) the time within which the Building and/or the Leased Premises can or cannot be repaired, (ii) the extent state of tenantability or fitness of the damage or destruction Leased Premises and/or the Building, and as to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work 's work of Reconstruction repair is completed, shall, in each case, shall be final and binding upon the parties hereto.

Fire. (a) If and whenever during the Leased Premises are at any time Term the Building shall be destroyed or damaged or destroyed as a result of by fire, the elements, accident lightning or other perils as are insured against by the Landlord from time to time pursuant time, then and in every such event: (a) If the damage or destruction to Paragraph 9 hereof, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds Building renders twenty-five percent (25%) or more of the replacement cost thereof; Building wholly unfit for occupancy or (iii) if it is impossible or unsafe to use and occupy the Building, or if in the opinion of the Landlord’s architect Landlord the Building is damaged or engineerdestroyed to such a material extent or the damage or destruction is of such a nature that the Building must be or should be totally or partially demolished, whether to be given re-constructed in whole or in part or not, or if the cost of repairing or rebuilding the Building as soon as reasonably possible after the occurrence a result of such damage or destructiondestruction exceeds twenty-five percent (25%) of the replacement cost thereof, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, Landlord may at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate the this Lease by giving to the the other party Tenant notice in writing of the election to terminate the Lease. In the event of such termination, the in which event this Lease and the Term hereby demised shall cease and be at an end as of the date of such damage destruction or destruction damage, and the Minimum Rent and all other additional rent payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. (b) If the damage or destruction is such that the Leased Premises are rendered unfit for occupancy or if it is impossible or unsafe to use and occupy the Leased Premises, and if in either event, the damage, in the opinion of either the Landlord’s architect or engineer, to be given to the other party within thirty (30) days of the happening of such damage or destruction, cannot be repaired with reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then, either the Landlord does not elect or the Tenant may within five (5) days next succeeding the giving of the Landlord’s opinion, as aforesaid, terminate this Lease by giving to terminate the other notice in writing of such termination, in which event, this Lease in accordance with Subparagraph (a) and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction, and the Minimum Rent and all other payments for which the Tenant is liable under the terms of this Paragraph 21Lease shall be apportioned and paid in full to the date of such destruction and damage. In the event that neither the Landlord or the Tenant so terminate this Lease, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises (to the extent only of its obligations the Landlord’s work in respect of connection with the original construction of the Leased Premises and exclusive for greater certainty shall in no event include any leasehold improvement or fixtures unless originally installed by the Landlord) with all reasonable speed and the Minimum Rent hereby reserved shall ▇▇▇▇▇, to the extent of any work performed all insurance recoveries received by the Landlord from the date of the happening of the damage until the damage shall be repaired by the Landlord to the extent hereinbefore set out in and to this Paragraph 23(b). (c) If the damage is such that the Leased Premises by are wholly unfit for occupancy or on behalf if it is impossible and unsafe to use and occupy the Leased Premises but, if in either event, the damage, in the opinion of the Landlord, to be given to the Tenant within thirty (30) days from the “happening of such damage can be repaired (to the extent hereinbefore set out in Paragraph 23 (b)) with reasonable diligence within one hundred and twenty (120) days from the happening of such damage, then, the Minimum Rent hereby reserved shall ▇▇▇▇▇, to the extent of all insurance coverage received by the Landlord’s Work of Reconstruction”). From , from the date of the happening of such damage or destruction and until the completion damage shall be repaired by the Landlord to the extent hereinbefore set out in Paragraph 23(b). (d) If in the opinion of the Landlord’s Work , the damage to the Leased Premises can be made good, as aforesaid, within one hundred and twenty (120) days of Reconstructionthe happening of such destruction or damage, and the damage is such that the Leased Premises are capable of being partially used for the purpose for which the Leased Premises are hereby leased, then, until such damage has been repaired (to the extent set out in Paragraph 23(b)), the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of proportion that the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion part of the Leased Premises rendered untenantable), if in unfit for occupancy bears to the opinion whole of the Landlord’s architect or engineerLeased Premises, and the Leased Premises are rendered untenantable only in part, subject, in either case, Landlord shall repair the damage (to the extent of the insurance proceeds actually received by the Landlord set out in respect of the insurance maintained pursuant to Paragraph 9(a)(iii)23(b) with all reasonable speed. (ce) If In the event the Landlord shall elect to repair, reconstruct or rebuild the Building or the Leased Premises Premises, as the case may be, in accordance with the provisions of this Paragraph 2123, it is acknowledged and agreed by the Tenant that the Landlord shall be entitled to use all plans and specifications and working drawings in connection therewith other than those used in the original construction of the Building or the Leased Premises. (df) The decision of the Landlord’s architect or engineer as to (i) the time within which the Building and/or the Leased Premises can or cannot be repaired, (ii) the extent state of tenantability or fitness of the damage or destruction Leased Premises and/or the Building, and as to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work work of Reconstruction repair is completed, shall, in each case, shall be final and binding upon the parties hereto. (g) If the damage or destruction is caused by the fault, negligence, carelessness or misuse of the Tenant, its servants, agents, employees, contractors, or others for whom the Tenant is in law responsible, there shall be no abatement of the Minimum Rent or any other amounts payable by the Tenant hereunder.

Fire. (a) If the Leased Premises are at any time damaged or destroyed as a result of fire, the elements, accident or other perils as are insured against from time to time pursuant to Paragraph 9 hereof, and if as a result of such occurrence: (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate the Lease by giving to the the other party notice in writing of the election to terminate the Lease. In the event of such termination, the Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 2120, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive of any work performed in and to the Leased Premises by or on behalf of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage or destruction and until the completion of the Landlord’s Work of Reconstruction, the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion of the Leased Premises rendered untenantable), if in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by the Landlord in respect of the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises in accordance with the provisions of this Paragraph 2120, the Landlord shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. (d) The decision of the Landlord’s architect or engineer as to (i) the time within which the Leased Premises can or cannot be repaired, (ii) the extent of the damage or destruction to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto.

Fire. (a) If 13.1 In the Leased event of the total destruction of the Premises are at any time damaged or destroyed as a result of fire, the elements, accident by fire or other perils as are insured against from time to time pursuant to Paragraph 9 casualty during the term hereof, and if as a result or in the event of such occurrence: (i) fifty percent (50%) partial destruction thereof as to render the Premiss wholly untenable or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) , then in either event, unless such damage can in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible repaired within ninety (90) days after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party may, at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate the Lease by giving to the the other party notice in writing of the election to terminate the Lease. In the event of such termination, the this Lease and the Term term hereby demised created, shall cease and be at an end as of from the date of such damage or destruction and Tenant shall, upon written notice from Landlord, immediately surrender the Minimum Rent Premises to Landlord, and all other additional rent for which Tenant shall pay, within said term, only to the Tenant is liable under time of such damage or destruction. If, however, in Landlord's opinion the terms of damage as aforesaid can be repaired within ninety (90) days from the occurrence thereof, Landlord shall (unless Landlord shall elect not to repair or rebuild, as hereinafter provided), repair the Premises will reasonably speed, and this Lease shall be apportioned continue tin full force and paid in full effect but the Rent and Additional Rent shall ▇▇▇▇▇ from the occurrence of the damage until the completion of such repairs, unless such damage is due to the date fault or neglect of Tenant, Tenant's servants, agents, employees, visitors or licensees, in which event there shall ben o such destruction abatement or damagerent. (b) If 13.2 In the Landlord event of the partial destruction of the building or the Premises by fire or other casualty during the term hereof, which partial destruction does not elect to terminate render the Lease in accordance with Subparagraph (a) of this Paragraph 21Premises wholly untenable or unfit for occupancy, then, the Landlord shall commence (unless Landlord shall elect not to repair or rebuild as hereinafter provided), repair the damage with all reasonable diligence speed and this Lease shall continue in full force and effect but until the completion of such repairs the Basic Rent and Additional Rent shall ▇▇▇▇▇ in proportion to reconstructthe area of the Premises which is unusable by Tenant, unless such damage is due to the fault or neglect of Tenant, Tenant's servants, agents, employees, visitors or licensees in which event there shall be no such abatement of rent. 13.3 In the event that the building or the Premises shall be slightly damage by fire or other casualty so as not to substantially effect the operation of Tenant's business in the Premises then in that event, there shall be no abatement of rent and this Lease shall continue 125 in full force and effect, and Landlord shall enter and repair the damage with all reasonable speed. 13.4 Notwithstanding anything contained here to the contrary: If the Premises is damaged by a casualty which is not insured or whose cost of repair or reconstruction exceeds the amount of insurance and Landlord decides, in its sole judgment, either not to repair, reconstruct or rebuild or repair to demolish the Leased Premises to or entire building, then upon the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive happening of any work performed in such event, Landlord may cancel this Lease by giving written notice of such cancellation to Tenant within thirty (30) days after the happening of such damage and to thereupon this Lease and the Leased Premises by or on behalf term hereof shall cease and terminate as of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage and rent and other charges payable by Tenant shall be prorated to the day of such damage. 13.5 Landlord shall use its best efforts to effect such repair or destruction restoration promptly and until the completion in such manner as not to unreasonably interfere with Tenant's use and occupancy of the Landlord’s Work of Reconstruction, the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion of the Leased Premises rendered untenantable), if in the opinion of the Landlord’s architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by the Landlord in respect of the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises in accordance with the provisions of this Paragraph 21, the Landlord but such effort shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. (d) The decision of the Landlord’s architect or engineer as subject to (i) the time within which the Leased Premises can or cannot be repairedLandlord's inability to obtain materials, (ii) the extent acts of the damage or destruction to the Leased PremisesGod, (iii) the cost of repairing strikes, fire or rebuilding the Leased Premisesweather, (iv) acts of governmental authority or any other cause beyond the date on which the control of Landlord’s Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto.

Fire. (a) If 15.1 In case of any damage to the Leased Premises are at any time damaged or destroyed as a result of fire, building on the elements, accident property by fire or other perils as are insured against from time to time pursuant to Paragraph 9 hereofcasualty occurring during the term of this lease or previous thereto, and if as a result of such occurrence: (i) fifty percent (50%) or more of which renders the Leased Premises are rendered leased premises wholly unfit for occupancy; or (ii) untenantable so that the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; or (iii) in the opinion of the Landlord’s architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises same cannot be repaired with reasonable diligence and restored to the condition existing immediately prior to the casualty within one hundred and twenty (120) days of from the happening of such damage or destructiondamage, thenthen the terms hereby created, shall, a the option of the Tenant, terminate from the date of such damage. In the event the Tenant elects to terminate the lease for any reason which is due to the inability of the Landlord to restore the same within the one hundred twenty (120) day period, Tenant shall notify the Landlord, in each casewriting, either party maycertified mail, at its optionreturn receipt requested, to be exercised of such a fact within thirty (30) days of the happening of the fire or casualty, and in such occurrence, terminate event the Lease by giving Tenant shall immediately surrender the leased premises and shall pay rent only to the time of such damage and the other party notice in writing of Landlord may re-enter and re-possess the election to terminate the Leasepremises, discharged from this lease. In the event the Landlord can restore the premises within one hundred twenty (120) days, it shall advise the Tenant of such terminationfact, the Lease in writing, certified mail, return receipt requested and the Term hereby demised lease shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be apportioned and paid remain in full to force and effect during the date period of such destruction or damage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 21Landlord's restoration, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive of any work performed in and to the Leased Premises by or on behalf of the Tenant (the “Landlord’s Work of Reconstruction”). From the date of the happening of such damage or destruction and until the completion of the Landlord’s Work of Reconstruction, the Minimum Rent except that rent shall ▇▇▇▇▇ (i) in its entirety ifwhile the repairs and restorations are being made, in but the opinion rent shall recommence upon restoration of the Landlord’s architect or engineerpremises and delivery of the same by the Landlord to the Tenant. Landlord agrees that it will undertake reconstruction and restoration of the damaged premises with due diligence and reasonable speed and dispatch. 15.2 If the Building shall be damaged, but the damage is repairable within one hundred twenty (120) days, the Leased Premises are rendered wholly untenantable or (ii) proportionatelyLandlord agrees to repair the same with reasonable promptness. In such event, (to the rent accrued and accruing shall not ▇▇▇▇▇, except for that portion of the Leased Premises leased premises that has been rendered untenantable)untenantable and as to that portion the rent shall ▇▇▇▇▇, if based on equitable adjustments. 15.3 In connection with Landlord's restoration as hereinabove referred to, in the opinion determining what constitutes reasonable promptness, consideration shall be given to delays caused by acts of God, strikes, and other causes of Force Majeure beyond the Landlord’s architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by 's control. 15.4 The Tenant shall immediately notify the Landlord in respect case of fire or other damage to the insurance maintained pursuant to Paragraph 9(a)(iii)premises. 15.5 Notwithstanding anything contained in 15.1 or 15.2 above, if such repairs are for any reason not completed within one hundred twenty (c120) If days, then the Tenant shall have the right to terminate this lease, and in such event of termination Landlord and Tenant shall elect thereupon be released of liability one to repairthe other, reconstruct or rebuild and the Leased Premises in accordance with the provisions of this Paragraph 21, the Landlord within lease shall be entitled to use plans deemed null and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premisesvoid. (d) The decision of the Landlord’s architect or engineer as to (i) the time within which the Leased Premises can or cannot be repaired, (ii) the extent of the damage or destruction to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto.

Fire. (a) If the Leased Premises are at any time damaged or destroyed as a result of fire, the elements, accident or other perils as are insured against from time to time pursuant to Paragraph 9 10 hereof, and if as a result of such occurrence: occurrences (i) fifty percent (50%) or more of the Leased Premises are rendered wholly unfit for occupancy; or (ii) the cost of repairing or rebuilding the Leased Premises exceeds twenty-five percent (25%) or more of the replacement cost thereof; , or (iii) in the opinion of the Landlord’s 's architect or engineer, to be given as soon as reasonably possible after the occurrence of such damage or destruction, the Leased Premises cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the happening of such damage or destruction, then, in each case, either party the Landlord may, at its option, to be exercised within thirty (30) days of the happening of such occurrence, terminate let migrate the Lease by giving to the the other party Tenant notice in writing of the election Landlord's intention to terminate the Lease. In the event of such termination, the Lease and the Term hereby demised shall cease and be at an end as of the date of such damage or destruction and the Minimum Rent and all other additional rent for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. (b) If the Landlord does not elect to terminate the Lease in accordance with Subparagraph (a) of this Paragraph 2122, then, the Landlord shall commence with all reasonable diligence to reconstruct, rebuild or repair the Leased Premises to the extent only of its obligations in respect of the original construction of the Leased Premises and exclusive of any work performed in and to the Leased Premises by or on behalf of the Tenant (the “"Landlord’s 's Work of Reconstruction”"). From the date of the happening of such damage or destruction and until the completion of the Landlord’s 's Work of Reconstruction, the Minimum Rent shall ▇▇▇▇▇ (i) in its entirety if, in the opinion of the Landlord’s 's architect or engineer, the Leased Premises are rendered wholly untenantable or (ii) proportionately, (to the portion of the Leased Premises rendered untenantable), if in the opinion of the office Landlord’s 's architect or engineer, the Leased Premises are rendered untenantable only in part, subject, in either case, to the extent of the insurance proceeds actually received by the Landlord in respect of the insurance maintained pursuant to Paragraph 9(a)(iii). (c) If the Landlord shall elect to repair, reconstruct or rebuild the Leased Premises in accordance with the provisions of this Paragraph 2122, the Landlord shall be entitled to use plans and specifications and working drawings in connection therewith other than those used in the original construction of the Leased Premises. (d) The decision of the Landlord’s 's architect or engineer as to (i) the time within which the Leased Premises can or cannot be repaired, (ii) the extent of the damage or destruction to the Leased Premises, (iii) the cost of repairing or rebuilding the Leased Premises, (iv) the date on which the Landlord’s 's Work of Reconstruction is completed, shall, in each case, be final and binding upon the parties hereto. For the purposes of this Lease the Landlord's architect and engineer shall be ▇▇▇▇▇▇ ▇▇▇▇▇▇ Associates Inc., or such other architect or engineer named by the Landlord who is arm's length and of a similar stature.