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22.3 Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any
panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or
improvements installed on the Premises by, or belonging to, Tenant. Any insurance which may be carried by Landlord or
Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance
and under its sole control.
22.4 In the event that Landlord should fail to complete such repairs and material restoration within sixty (60)
days after the date estimated by Landlord therefor as extended by this Section 22.4, Tenant may at its option and as its sole
remedy terminate this Lease by delivering written notice to Landlord, within fifteen (15) days after the expiration of said
period of time, whereupon this Lease shall end on the date of such notice or such later date fixed in such notice as if the date
of such notice was the date originally fixed in this Lease for the expiration of the Term; provided, however, that if
construction is delayed because of changes, deletions or additions in construction requested by Tenant, strikes, lockouts,
casualties, Acts of God, war, material or labor shortages, government regulation or control or other causes beyond the
reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time
Landlord is so delayed.
22.5 Notwithstanding anything to the contrary contained in this Article: (a) Landlord shall not have any
obligation whatsoever to repair, reconstruct, or restore the Premises when the damages resulting from any casualty covered
by the provisions of this Article 22 occur during the last twelve (12) months of the Term or any extension thereof, but if
Landlord determines not to repair such damages Landlord shall notify Tenant and if such damages shall render any material
portion of the Premises untenantable Tenant shall have the right to terminate this Lease by notice to Landlord within fifteen
(15) days after receipt of Landlord’ s notice; and (b) in the event the holder of any indebtedness secured by a mortgage or
deed of trust covering the Premises or Building requires that any insurance proceeds be applied to such indebtedness, then
Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15)
days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the
date of such damage were the date originally fixed in this Lease for the expiration of the Term. In addition to Landlord's and
Tenant’ s right to terminate as provided herein, Tenant shall have the right to terminate this Lease if: (i) a material portion of
the Premises is rendered untenantable by fire or other casualty and Landlord’ s completion estimate described in Section 22.1
provides that such damage cannot reasonably be repaired (as determined by Landlord) within sixty (60) days after Landlord’ s
receipt of all required permits to restore the Premises; (ii) there is less than one (1) year of the Term remaining on the date of
such casualty; (iii) the casualty was not caused by the negligence or willful misconduct of Tenant or any Tenant Entities; and
(iii) Tenant provides Landlord with written notice of its intent to terminate within thirty (30) days after the date of Landlord’ s
completion estimate.
22.6 In the event of any damage or destruction to the Building or Premises by any peril covered by the
provisions of this Article 22, it shall be Tenant’ s responsibility to properly secure the Premises and upon notice from
Landlord to remove forthwith, at its sole cost and expense, such portion of all of the property belonging to Tenant or its
licensees from such portion or all of the Building or Premises as Landlord shall request.
22.7 Tenant hereby waives any and all rights under and benefits of Sections 1932(2) and 1933(4) of the
California Civil Code, or any similar or successor Regulations or other laws now or hereinafter in effect.
23. EMINENT DOMAIN. If all or any substantial part of the Premises shall be taken or appropriated by any public or
quasi-public authority under the power of eminent domain, or conveyance in lieu of such appropriation, either party to this
Lease shall have the right, at its option, of giving the other, at any time within thirty (30) days after such taking, notice
terminating this Lease, except that Tenant may only terminate this Lease by reason of taking or appropriation, if such taking
or appropriation shall be so substantial as to materially interfere with Tenant’ s use and occupancy of the Premises. If neither
party to this Lease shall so elect to terminate this Lease, the rental thereafter to be paid shall be adjusted on a fair and
equitable basis under the circumstances. In addition to the rights of Landlord above, if any substantial part of the Building
shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain or conveyance in
lieu thereof, and regardless of whether the Premises or any part thereof are so taken or appropriated, Landlord shall have the
right, at its sole option, to terminate this Lease. Landlord shall be entitled to any and all income, rent, award, or any interest
whatsoever in or upon any such sum, which may be paid or made in connection with any such public or quasi-public use or
purpose, and Tenant hereby assigns to Landlord any interest it may have in or claim to all or any part of such sums, other
than any separate award which may be made with respect to Tenant’ s trade fixtures and moving expenses; Tenant shall make
no claim for the value of any unexpired Term. Tenant hereby waives any and all rights under and benefits of Section
1265.130 of the California Code of Civil Procedure, or any similar or successor Regulations or other laws now or hereinafter
in effect.
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