Common use of Partial Damage Clause in Contracts

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) % $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) ☐ % ☐ $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) ☐ shall not ☐ shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) ☐ shall not ☐ shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) ☐ __________% $ ☐ $__________ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) ☐ shall not ☐ shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) ☐ shall not ☐ shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within __________ days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) ☐ % ☐ $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's ’s obligation to repair or restore (Check one) ) ☐ shall not ☐ shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) ☐ shall not ☐ shall include repairs or the restoration of any of Tenant's ’s fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's ’s obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇Landlord’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) ☐ % ☐ $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's ’s obligation to repair or restore (Check one) ) ☐ shall not ☐ shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) ☐ shall not ☐ shall include repairs or the restoration of any of Tenant's ’s fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's ’s obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) % $ $__________ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement Lease as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within __________ days after ▇▇▇▇▇▇▇▇Landlord’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) ☐ __________% $ ☐ $__________ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) ☐ shall not ☐ shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) ☐ shall not ☐ shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within __________ days after ▇▇▇▇▇▇▇▇Landlord’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) % $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement Lease as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.within

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be by partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) % $ $1,000.00 of the then replacement value thereof, or in the event Landlord does not elect to terminate Terminate this Agreement as a result of substantial damage, then Landlord landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's ’s obligation to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's ’s obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less Less any costs incurred by Landlord in collecting the same) as a result because of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease lease upon notice to Tenant within sixty (60) days after ▇▇▇▇▇▇▇▇landlord’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) ☐ % ☐ $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) ☐ shall not ☐ shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) ☐ shall not ☐ shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord ▇▇▇▇▇▇▇▇ in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In If the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially are damaged or destroyed but not rendered totally un-tenantable by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) % $ and of the then replacement value thereofevents set forth above, or in if restoration of the event Premises can be completed within one hundred eighty (180) days, provided that Landlord does shall not elect have terminated this Lease pursuant to terminate this Agreement as a result of substantial damagesubparagraph 10.01 above, then Landlord Base and Additional Rent shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇ in such proportion as the Premises have been damaged and Landlord shall proceed to restore the Premises, whereupon Base and Additional Rent shall be due and payable in a proportion equal to the tenantability of the premises. Landlord shall not be obligated to expend any sums for repair or rebuilding which are greater than the proceeds of any insurance policy carried by Landlord. In no event shall Base and Additional Rent ▇▇▇▇’s receipt ▇ if the damage or destruction of the entire net Premises, whether total or partial, is the result of the negligence of Tenant, its officers, agents, employees, guests or invitees. Landlord shall have no liability under any circumstances for any business losses of Tenant, or for any losses to Tenant’s Personal Property caused by any casualty occurrence as contemplated herein or for the restoration or replacement of any Tenant improvements. No damages will have accrued to Tenant, nor shall any termination privilege become operable against Landlord for delays which may occur because of adjustment of any insurance proceeds payable with respect to such fire claim by Landlord, or casualtyfor any delay not reasonably within Landlord’s control.

Partial Damage. In (a) Tenant shall notify Landlord in writing immediately upon the event occurrence of any damage to the Demised Premises or Premises. If the Real Property of which the Demised Premises constitute a part shall be Building is only partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be (i.e., less than (Check one) 25% $ of the then replacement value thereofof the Building) and if the insurance proceeds received by Landlord are sufficient to pay for the necessary repairs, or this Lease shall remain in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then effect and Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the to Landlord's obligation Work as soon as is reasonably possible, and Tenant shall repair any damage to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of any of Tenant's fixtures, fixtures and equipment and any improvements or other alterations made installed by Tenant in or upon Tenant. (b) If (i) the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, or if the cause of the damage is not covered by the insurance or (less any costs incurred by Landlord in collecting ii) if the same) as a result damage exceeds 25% of any such casualty. In the event value of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real PropertyBuilding, then Landlord may elect either to (1) repair the damage to Landlord's Work as soon as reasonably possible, in which case this Lease shall have remain in full force and effect, or (2) terminate this Lease. Landlord shall notify Tenant within 60 days after receipt of notice of the option occurrence of the damage whether Landlord elects to repair the damage or terminate the Lease upon notice Lease. If Landlord elects to repair the damage, Tenant within days after ▇▇▇▇▇▇▇▇’s receipt shall pay to Landlord Tenant's Share of the entire net "deductible amount" (if any) under Landlord's insurance proceeds payable with respect policy and, if the damage was due to such fire an act or casualty.omission of Tenant or Tenant's

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than Twenty percent (Check one20 %) % $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's ’s obligation to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of any of Tenant's ’s fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's ’s obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within ten (10) days after ▇▇▇▇▇▇▇▇Landlord’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.

Partial Damage. In the event If the Demised Premises should be damaged by fire, flood or other casualty, but not to such an extent that rebuilding or repairs cannot reasonably be completed within one hundred twenty (120) days, Lessor, at Lessor's expense, shall cause the Real Property of which damage to be repaired to a condition as nearly as practicable to that existing prior to the damage, with reasonable speed and diligence. Lessor shall not be obligated to restore or rebuild the Demised Premises constitute to a part shall be partially damaged or destroyed by fire or other casualty to condition in excess of that in existence on the extent that the cost of repairing or replacing the same will be less than (Check one) % $ commencement date of the then replacement value thereofterm hereof, nor in any event to repair, restore or in rebuild any of the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair additions or restore (Check one) ) shall not shall be limited to restoring the structural portions alterations made by Lessee. If any Mortgagee of the Demised Premises and (Check one) ) shall not shall include repairs permit the application of adequate insurance proceeds for repair or the restoration of any the Demised Premises, or if the casualty shall not be a type insured against under the standard fire policy with extended coverage, then this Lease, at the option of Tenant's fixturesthe Lessor, improvements or other alterations made by Tenant in or upon shall be terminated with the rent to be adjusted to a mutually acceptable date, and Lessee shall thereupon promptly vacate the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualtyTHIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualtyREDACTED MATERIAL IS BRACKETED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Partial Damage. In the event the Demised Premises or the Real Property of which the Demised Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than (Check one) ☐ % ☐ ☐ ☐ $ of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore (Check one) ) shall not shall be limited to restoring the structural portions of the Demised Premises and (Check one) ) shall not shall include repairs or the restoration of ☐ ☐ any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Demised Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Demised Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within days after ▇▇▇▇▇▇▇▇’s receipt of the entire net insurance proceeds payable with respect to such fire or casualty.