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9.3 Partial DO Mae*- Unlnaumd Lou, If s Premises Pastlal Damage that Is Wien Insured Loss occurs, unless caused by a neellgeAt ofwxlful act of Lessee lin
<br />which event Lessee shall make the repolts at Lessee's expenseh lessor may either f) repair such storage as soon as reasonably possible at lessor'sexpense, In which
<br />event tNs lease shall continue In full force and effect, or hl) terminate this lease by giving written notice to Lessee wlthln 30 days after receipt by lessor of knowledge
<br />of the occurrence of such damage, Such termination shall be effective B0 days following the date of such notice. In the went Lessor elects to terminate this lease,
<br />Lessee shall have the right within 10 days after mcelpt of the termination notice to give written notice to Lessor of Lassae's commitment to pay for the repair of such
<br />damage without reimbursement from Lester. Lessee shall provide lessor with said funds or eat shmo y assurance thereof wlthln 30 days after making such
<br />commitment. In such event this lease shag continue in full force and effect, and lessor shall proceed to make such repairs as soon as reasonably possible after the
<br />required funds are available. If lessee does not make the required tommllment, this Lease shall terminate as of the date specified In the termination notice.
<br />9.4 Total Oeatructlon. Notwithstanding any other provision hereof, IF Premisas ToUl Destruction occurs, this Lease shall terminate 60daysfolluwing such
<br />Destruction. If the damage or destruction was caused by the gross negligence or willful misfonduct of Lessee, Lessor shall have the tight to recover Lessor's damages
<br />from Lessee, except as provided in Paragraph 8.6,
<br />9.5 Damage Near Mid Of Term. If at any time dudngihe last 6,months of this Lea le there Isdamage for which themst to repair exceeds one month's Base
<br />Rent, whether or not an Insured Loss, lessor may terminate this Lease effective 60 days following the dale of occurrence of such damage by giving a written
<br />lerminadon nonce to Lessee within 30 days after the date of occurrence of such damage, Notwithstanding the foregoing If Lessee at that time has an exertltabie
<br />Option to extend this Lease or to purchase the Premises, then Lessee may preserve this tease by, (a) exercising such option and flat providing Lessorwith any shortage
<br />In Insurance prOceess (or adequate assurance thereof) needed to make the repairs on or before the earlier of (I) the date which h 10 days after Lessee's reeeipt of
<br />lessor's written notice purporting to terminate this lease, or fit) the day prior W the data upon which such option explmh IS Lessee duly exercises achdptien during
<br />such period and provides lessor with funds (oradequot s assurancethereofl to sever any shortageln Insurance pretends, Lessor shall, at lessor'swmmerclelty
<br />reasonable expense, repair such damage as soon as reasonaby possible and this lease shag continue in fug force and effect. If Lessee falls toekerche such option and
<br />provide such funds or assu ante during such period, then this lease shall terminate on the date specified In the termination Peace and Lessee's option shall he
<br />extinguished.
<br />9.6 Abatement of Rent; Lessee's Remedies.
<br />(al Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazarded Substance Condition for which lessee is not
<br />responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in
<br />proportion to the degree to which lessee's use of the Premises Is Impalred, but not to exceed the proceeds recaived from the Rental value Insurance. All other
<br />obll pitons of tested hereunder shall be performed by Lessee, and Lesser shall have no flabll'ny, for any such damage, destruction, remediation, repair or restoration
<br />except as provided herein.
<br />Ib) FamedIa%. if lessor Is obligated to repair or restore the premises and does not commence, In a substantial and meaningful way, such repair or
<br />restoration within W days after such obligation shag accrue, Lessee my, at any time prior to the commencement of such repair or restoation, give written notice In
<br />Lessor and to any lenders of which Lessee has actual notice, of lessee's election to tesraslnate this lease on a date not less than 60days following the gluing of such
<br />notice. N Lessee gives such Police and such repair or retterabon is not commenced within 30 days thereafter, this lease shall terminate as or the date specified In said
<br />notice. If the mpaIt or restoration Ismmmera;ed within such 30 days, this Loose shall continue In full force and affect, 'Commencer shall mean either the
<br />unconditional authorisation of the preparation of the requlmd plans, or the bsglnning of the actual work on the Premises, whichever first occurs.
<br />9.7 Termination; Advance Payments. Upon terminadonaf this tease pursuant to Paragraph 6.218) or Paragraph 9, an equitable od)uamenl shall be made
<br />concerning advance ant Rent and any other advance payments made by lessee to Lessor, Lessor shall, In addition, return to lessee se much of Lessee's Security
<br />Deposit as has not been, or Is not then required to be, used by Lessor.
<br />10. Redproporty taxes.
<br />10.1 OeflnlUam As used herein, the term 'Real Pro party Saxes" shall Include any Form of assessment; foal estate, general, special, ordinary or ext iordinary or
<br />rental levy or lax (other than inheritance, person at Income oreslate taxes); Improvement bond; and/or Iftenser fee Imposed upon or levied against any legal or
<br />equitable Interest of Lessor In the Premises or the Protect, Lessor's right to other Income therefrom, and/or Lessor's business of (easing, by any authority having the
<br />direct or indirect power tow and where the funds are generated with reference to the Building address. Real Property Takes shall she Include any tax, red, levy,
<br />assessment or charge, of any increase therein: (1) Imposed by reason of events occurring during the term of this lease, Including but not IkMted to, 4 change In the
<br />ownership of the Premises, and (A) levied or assessed on machinery or equipment provided by Lessor to lessee pursuant to this Lease.
<br />10.2 Payment of Tues. In addition to Base Rent, Lome shell pay to lessor an amount equal to the Real Property To Installment due at least 20 days prry to
<br />the applicable delinquency date. If any such Installment shall cover any period of time prior to or after the expiration or tern loation of this Lease, Leswe s share of
<br />such Installment shall be prorated. In the event Lessee Incurs a late charge on any Rent payment, Lessor may estimate the current Real Property Takes, and require
<br />that such taxes be paid In advance to Lester by Lessee monthly In advance with the payment of the Base Rent. Such room dy payments shall be an amount equal to
<br />the amount of the estimated Installment of taxes divided by the number of months remaloing Ware the month in which said Installment becomes delinquent. When
<br />the actual amount of the applicable w bill Is known, the amount of such equal monthly advance payments shall be adjusted es rcqubad to provide the funds needed
<br />to pay the apidles ble lakes. it the amount collected by lessons lnsuf rdem to pay such Real Property Takes when due, Lessee shall pay Lessor, upon demand, such
<br />additional sum as Is necessary Advance payments maybe Intermingled with other moneys of Lessor and shall not bear Interest. In the event of aBreath by Lessee In
<br />the performance of Its obligations under this lease, then any such advance payments may be treated by Lessor as an additional Security Deposit
<br />10.3 Joint Assessment. if the Premises am not separately assessed, lessee's liability shall be an equitable ideporaon of the Real Property Takes for all of the
<br />land and Improvements Intludad Wthlnthe (air parcel assessed, such proportion to be conclustrely determined by Lesser from the respective valuations assigned In
<br />the assessor's work sheets or such other information as may be reasonably avaliable.
<br />10.4 Personal Property Too, Lessee shall pay, prior to delinquency, all taxes assessed against and levied upon lessee owned Alterations, Utility Installations,
<br />Trade Fixtures, furnishings, equipment and all personal property of lessee. When possible, Lessee shall cause Its Lessee Owned Alterations and Utility Installations,
<br />Trade Fixtures, furnishings, equipment and all other personal property to be assessed and billed separa[ey from the real property of lessor. If any of Lessee's soIa
<br />property shall be assessed with Lessor's real property, Lessee shall pay, Lessor tha takes all studies ble to lessee's property within 10 days after receipt of a written
<br />statement setting forth the takes applkable to lessee's property.
<br />11, UNlldetoneservices. lessee shall pay for all water, Bass, heat, light, power, colophon e, trash disposal and other utilities and services supplied to the Premises,
<br />together with any takes lhoreon. If any such services are rest separately metered or billed to Lessee, lessee shall pay a reasonable proportion, to be determined by
<br />lesson, of all charges jointly metered or baled. There shall be rm abatement of rant and Lessor shall not be liable In any respect whatsoever for the Inadequacy,
<br />stoppage, Interruption or diste ntfndinae or any utility, of service due to slot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's
<br />reason able control or In cooperation with govern mental request of directions,
<br />OF fteen days of Lessor's written request, Lessee agrees to deliver to Lessor such information, documents and/of authorbatfon as Lessor needs In order for
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<br />m 2019 AIR CRE. All Rights Reserved, Last Edited: 2/2512021 9:53AM
<br />STW27.30, Revised 11-25.2019 Page 8of 16
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