REALTY TRUST OR ANY OF LANDLORD'S AGENTS, CONTRACTORS OR EMPLOYEES,
AND IN CASE TENANT SHALL BE MADE A PARTY TO ANY LITIGATION COMMENCED BY OR
AGAINST LANDLORD OR BRANDYWINE REALTY TRUST, ITS AGENTS, CONTRACTORS OR
EMPLOYEES, THEN LANDLORD SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS TENANT AND
SHALL PAY ALL COSTS, EXPENSES AND REASONABLE ATTORNEY'S FEES INCURRED OR PAID BY
TENANT IN CONNECTION WITH SUCH LITIGATION, AFTER NOTICE TO LANDLORD AND
LANDLORD'S REFUSAL TO DEFEND SUCH LITIGATION, AND UPON NOTICE FROM TENANT SHALL
DEFEND THE SAME AT LANDLORD'S EXPENSE BY COUNSEL SATISFACTORY TO TENANT.
LANDLORD SHALL FURTHER INDEMNIFY AND HOLD HARMLESS TENANT FROM AND AGAINST ANY
AND ALL THIRD-PARTY CLAIMS, ACTIONS, DAMAGES, LIABILITY AND EXPENSE (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND DISBURSEMENTS) WHICH MAY BE
IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST TENANT BY REASON OF LOSS OF
LIFE, PERSONAL INJURY AND/OR DAMAGE TO PROPERTY OCCURRING IN OR ABOUT, OR
ARISING OUT OF, THE PREMISES, ADJACENT SIDEWALKS AND LOADING PLATFORMS OR AREAS
AND COMMON AREAS APPURTENANT TO THE BUILDING OCCASIONED BY REASON OF ANY ACT OR
OMISSION OF LANDLORD OR BRANDYWINE REALTY TRUST, ITS AGENTS, CONTRACTORS OR
EMPLOYEES.
17.
QUIET ENJOYMENT
Tenant shall peaceably and quietly hold and enjoy the Premises for the Term,
without hindrance from Landlord, or anyone claiming by through or under Landlord
under and subject to the terms and conditions of this Lease.
18.
FIRE DAMAGE
(A)
EXCEPT AS PROVIDED BELOW, IN CASE OF DAMAGE TO THE PREMISES BY
FIRE OR OTHER INSURED CASUALTY, LANDLORD SHALL REPAIR THE DAMAGE.
SUCH REPAIR
WORK SHALL BE COMMENCED PROMPTLY FOLLOWING NOTICE OF THE DAMAGE AND COMPLETED
WITH DUE DILIGENCE, TAKING INTO ACCOUNT THE TIME REQUIRED FOR LANDLORD TO EFFECT
A SETTLEMENT WITH AND PROCURE INSURANCE PROCEEDS FROM THE INSURER, EXCEPT FOR
DELAYS DUE TO GOVERNMENTAL REGULATION, SCARCITY OF OR INABILITY TO OBTAIN LABOR
OR MATERIALS, INTERVENING ACTS OF GOD OR OTHER CAUSES BEYOND LANDLORD'S
REASONABLE CONTROL.
(B)
NOTWITHSTANDING THE FOREGOING, IF (I) THE DAMAGE IS OF A NATURE OR
EXTENT THAT, IN LANDLORD'S REASONABLE JUDGMENT (TO BE COMMUNICATED TO TENANT
WITHIN THIRTY (30)
23
DAYS FROM THE DATE OF THE CASUALTY), THE REPAIR AND RESTORATION WORK WOULD
REQUIRE MORE THAN ONE HUNDRED EIGHTY (180) CONSECUTIVE DAYS TO COMPLETE AFTER
THE CASUALTY (ASSUMING NORMAL WORK CREWS NOT ENGAGED IN OVERTIME), OR (II) IF
MORE THAN THIRTY (30%) PERCENT OF THE TOTAL AREA OF THE BUILDING IS EXTENSIVELY
DAMAGED OR MATERIALLY AND ADVERSELY INTERFERES WITH THE CONDUCT OF TENANT'S
BUSINESS, OR (III) THE CASUALTY OCCURS IN THE LAST LEASE YEAR OF THE TERM AND
TENANT HAS NOT EXERCISED A RENEWAL RIGHT, EITHER PARTY SHALL HAVE THE RIGHT TO
TERMINATE THIS LEASE AND ALL THE UNACCRUED OBLIGATIONS OF THE PARTIES HERETO, BY
SENDING WRITTEN NOTICE OF SUCH TERMINATION TO THE OTHER WITHIN TEN (10) DAYS OF
TENANT'S RECEIPT OF THE NOTICE FROM LANDLORD DESCRIBED ABOVE.
SUCH NOTICE IS TO
SPECIFY A TERMINATION DATE NO LESS THAN FIFTEEN (15) DAYS AFTER ITS
TRANSMISSION.
(C)
IF THE NATURE OF LOSS IS NOT