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12.1. Reconstruction-lnsured Loss. In the event the Premises are damaged by fire or other perils, excluding
<br />earthquakes, covered by the Landlord's insurance, Landlord agrees to forthwith repair same to the extent of insurance
<br />proceeds available by reason of such damage or destruction, and this Lease shall remain in full force and effect, except
<br />ihat Tenant shall be entitled to a proportionate reduction of the Minimum Rent from the date of damage and while such
<br />repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such
<br />repairs shall reasonably interfere with the business canied on by the Tenant in the Premises; provided, that if the damage
<br />is due to the fault or neglect ofTenant or its employees, there shall be no abatement ofRent. The Tenant shall be responsible
<br />at its sole cost and expense to repair or replace any of the Tenant's fxtures, equipment and leasehold improvements which
<br />are damaged or destroyed by the insured cause.
<br />12.2. Uninsured Loss. In the event the Premises are damaged as a result of any cause other than the perils
<br />covered by the Landlord's insurance, then Landlord shall (except where the damage or destruction is caused by the
<br />negligence ofTenant, its employees, agents, contractors, licensees or invitees in which case Tenant shall repair all damage)
<br />forttrwith repair the same, provided the extent of the destruction be less ttran ten percent (10olo) of the then full replacement
<br />cost of the Premises. In the event the destruction of the Premises is to an extent of ten percent (10%o) or more of the full
<br />replacement cost then Landlord shall have the option: (l) to repair or restore such damage, ttris Lease continuing in full
<br />foice and effect, but the Rent to be proportionately reduced as hereinabove in this Section provided; or (2) give notice to
<br />Tenant at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such notice,
<br />which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this
<br />Lease shall expire and all interest ofthe Tenant in the Premises shall terminate on the date so specified in such notice and
<br />the Ren! reduced by a proportionate reduction, based upon the extent if any, to which such damage substantially interfered
<br />with the business canied on by the Tenant in the Premises, shall be paid up to date of such termination. In the event
<br />Landlord shall determine to repair or restore the Premises, the Tenant shall at its sole cost and expense, repair and restore
<br />any of the Tenant's fixtures, equipment and leasehold improvements which are damaged or destroyed by the uninsured
<br />caus0.
<br />12.3. No Obligation. Notwithstanding anything to the contrary contained in this Section, Landlord shall not
<br />have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty
<br />covered under this Section occurs during the last twenty-four (24) months of the Term of this Lease or any extension
<br />thereof. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or
<br />replacements ofany leasehold improvements, fixtures, or other personal property ofTenant.
<br />12.4. Partial Destruction of Property. If fifty percent (50%o) or more of the Rentable Area of the portion of
<br />the Property owned by Landlord is damaged or destroyed by fire or other cause, notwithstanding that the Premises may be
<br />unaffected by such lre or other cause, either party may terminate this Lease and the tenancy hereby created by giving the
<br />other pafiy not less than thirty (30) days' prior written notice of such party's election; provided, however, that such notice
<br />shall be given, if at all, within the sixty (60) days following the date of occurrence of said damage or destruction. Minimum
<br />Rent shall be prorated as of the date of such termination.
<br />13. SUBORDINATION AND ATTORNMENT; MORTGAGEE PROTECTION.
<br />13.1. Subordination-Notice to Mortgagee. Tenant shall, at any time and from time to time, within five (5)
<br />business days after receipt of written notice from Landlord, execute, acknowledge and deliver all instruments which may
<br />be required to subordinate this Lease to a mortgage, deed of trus! and/or security documents on or encumbering the portion
<br />of the Property owned by Landlord and to any extensions, renewals, or replacements thereof, provided that ttre mortgagee
<br />or beneficiary, as the case may be, shall agree to recognize this Lease in the event offoreclosure ifTenant is not in default
<br />at such time. The form of such subordination shall be as required from time to time by any such mortgagor or beneficiary
<br />(the "subordination, Non-Disturbance and Attornment Agreement"). Any such Subordination, Non-Disturbance and
<br />Attornment Agreement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the
<br />Property of which the Premises are a part. Tenant shall be in default under this Lease if Tenant fails or refuses to execute,
<br />acknowledge and deliver such Subordination, Non-Disturbance and Attrcmment Agreement to Landlord within the time
<br />or in the manner set forth above, and Landlord need not provide the written notice ofdefault required under Section 17.
<br />13.2. Tenant's Certificate. Tenant shall, at any time and from time to time, within five (5) business days'
<br />after receipt of written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a)
<br />certifiing that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification
<br />Commercial Building Lease
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