These excerpts taken from the FCSE 10-K filed Apr 29, 2008.
9.6 Abatement of Rent; Lessees Remedies.
(a) In the event of damage described in paragraphs 9.2 or 9.3, and Lessor or Lessee repairs or restores the Premises pursuant to the provisions of this Paragraph 9, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessees use of the Premises is impaired. Except for abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration.
(b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence such repair or restoration within 21 days after such obligations shall accure, Lessee may at Lessees option cancel and terminate this Lease by giving Lessor written notice of Lessees election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.
(a) In the event of damage described in paragraphs 9.2 or 9.3,
(b) If Lessor shall be obligated to repair or restore the