Common use of Damage or Destruction by Casualty Clause in Contracts

Damage or Destruction by Casualty. (a) If the Premises or any part of the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed to repair and restore the same to its prior existing condition with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, after the occurrence of such damage and in good faith, estimate the length of time that will be required to substantially complete the repair and restoration of such damage from the date Landlord receives authority from Landlord's insurer to proceed with the repair and restoration of the Building ("Approval Date") and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will be less than one hundred eighty (180) days, Landlord shall commence such repair and restoration upon the Approval Date but in no event more than thirty (30) days after the occurrence of the damage. If the actual time for repairs and restoration exceeds one hundred eighty (180) days, Tenant may not terminate this Lease provided Landlord is diligently pursuing the repair and restoration of the Building and such repair and restoration period does not exceed two hundred seventy (270) days; provided, however, if such repair and restoration period is in excess of two hundred seventy (270) days Tenant may terminate this Lease on five (5) days written notice to Landlord. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one hundred eighty (180) days from the Approval Date, then either Landlord or Tenant (but as to Tenant only if all or a substantial portion of the Premises are rendered untenantable and the estimated time to substantially complete the repair or restoration of the Premises will exceed such one hundred eighty (180) days from the Approval Date shall have the right to terminate this Lease as of the date of such damage upon giving notice to the other at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness and all due diligence to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said one hundred eighty 180) days, so long as Landlord shall proceed with reasonable promptness and due diligence. Notwithstanding anything to the contrary herein set forth: (i) if any such damage rendering all or a substantial portion of the Premises or Building untenantable shall occur during the last three (3) years of the Term, then Landlord shall have the option to terminate this Lease by written notice to Tenant within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease shall terminate as of the date of such damage; (ii) Landlord shall have no duty pursuant to this Section 15 to repair or restore any portion of alterations, additions or improvements made by or on behalf of Tenant in the Premises or improvements which are not in excess of Shell and Core and Tenant Improvements as defined in the Workletter attached hereto; (iii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if any mortgagee applies proceeds of insurance to reduce its loan balance and to pay any applicable loan fees and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration. In such event, Landlord shall distribute to Tenant the lesser of the balance of the insurance proceeds or the contract sum of the Tenant Improvements (as defined in the Workletter) which have been paid for as of said date, multiplied by a fraction of which the numerator is the number of months remaining in the Lease Term and the denominator is the number of months between the Commencement Date and the Expiration Date; and (iv) Tenant shall not have the right to terminate this Lease pursuant to this Section 15 if the damage or destruction was caused by the intentional or negligent act of Tenant, its agents or employees. (b) In the event any such fire or casualty damage not caused by the intentional or negligent act of Tenant, its agents or employees, renders the Premises substantially untenantable and Tenant is not occupying the Premises and if this Lease shall not be terminated pursuant to the foregoing provisions of Section 15 by reason of such damage, then Rent shall ▇▇▇▇▇ during the, period beginning with the date of such damage and ending with the date when Landlord substantially completes its repair and restoration work. Such abatement shall be in an amount bearing the same ratio to the total amount of Rent for such period as the portion of the Premises being repaired and restored by Landlord and not heretofore delivered to Tenant from time to time bears to the entire Premises. In the event of termination of this Lease pursuant to this Section 15, Rent shall be apportioned on a per diem basis and be paid to the date of such fire [ or other casualty. (c) In the event of any such fire or other casualty, and if the lease is not terminated pursuant to the foregoing provisions of this Lease, Tenant shall repair and restore any portion of alterations, additions or improvements made by or on behalf of Tenant in the Premises, and during any such period of Tenant's repair and restoration following substantial completion of Landlord's repair and restoration work, Rent shall be payable as if said fire or other casualty ; had not occurred. (d) In the event the Premises or a part thereof is destroyed by fire or other casualty, Landlord agrees to assist Tenant in locating equivalent temporary space for Tenant within (1) the Lincolnshire Corporate Center or (2) another office center located as close to the Building as possible.

Damage or Destruction by Casualty. (a) If the Premises or any part of the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed to repair and restore the same to its prior existing condition with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, after the occurrence of such damage and in good faith, estimate the length of time that will be required to substantially complete the repair and restoration of such damage from the date Landlord receives authority from Landlord's insurer to proceed with the repair and restoration of the Building ("Approval Date") " and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially substantial) complete such repair and restoration will be less than one hundred eighty (180) days, Landlord shall commence such repair and restoration upon the Approval Date but in no event more than thirty (30) 30 days after the occurrence of the damage. If the actual time for repairs and restoration exceeds exceed one hundred eighty (180) days, Tenant may not terminate this Lease provided Landlord is diligently pursuing the repair and restoration of the Building and such repair and restoration period does not exceed two hundred seventy (270) 270 days; provided, however, if such repair and restoration period is in n excess of two hundred seventy (270) 270 days Tenant may ma terminate this Lease on five (5) 5 days written notice to Landlord. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one hundred eighty (180) days from the Approval Date, then either Landlord or Tenant (but as to Tenant only if all ail or a substantial portion of the Premises are rendered untenantable and the estimated time to substantially complete the repair or restoration of the Premises will exceed such one hundred eighty (180) days from the Approval Date shall have the right to terminate this Lease lease as of the date of such damage upon giving notice to the other at any time within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness and all due diligence to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said one hundred eighty (180) days, so long as Landlord shall proceed with reasonable promptness and due diligence. Notwithstanding anything to the contrary herein set forth: (i) if any such damage rendering all or a substantial portion of the Premises or Building untenantable shall occur during the last three (3) years of the Term, then Landlord shall have the option to terminate this Lease by written notice to Tenant within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease shall terminate as of the date of such damage; (ii) Landlord shall have no duty pursuant to this Section 15 to repair or restore any portion of alterations, additions or improvements made by or on behalf of Tenant in the Premises or improvements which are not in excess of Shell and Core and Tenant Improvements as defined in the Workletter attached heretothen building standard improvements; (iii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if any mortgagee applies proceeds of insurance to reduce its loan balance and to pay any applicable loan fees and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration. In such event, Landlord shall distribute to Tenant the lesser of the balance of the insurance proceeds or the contract sum of the Tenant Improvements (as defined in the Workletter) which have been paid for as of said date, multiplied by a fraction of which the numerator is the number of months remaining in the Lease Term and the denominator is the number of months between the Commencement Date and the Expiration Date; and (iv) Tenant shall not have the right to terminate this Lease pursuant to this Section 15 if the damage or destruction was caused by the intentional or negligent act of Tenant, its agents or employees. (b) In the event any such fire or casualty damage not caused by the intentional or negligent act of Tenant, its agents or employees, renders the Premises substantially untenantable and Tenant is not occupying the Premises and if this Lease shall not be terminated pursuant to the foregoing provisions of Section 15 by reason of such damage, then Rent shall ▇▇▇▇▇ during the, the period beginning with the date of such damage and ending with the date when Landlord substantially completes its repair and restoration work. Such abatement shall be in an amount bearing the same ratio to the total amount of Rent for such period as the portion of the Premises being repaired and restored by Landlord and not heretofore delivered to Tenant from time to time bears to the entire Premises. In the event of termination of this Lease pursuant to this Section 15, Rent shall be apportioned on a per diem basis and be paid to the date of such fire [ or other casualty. (c) In the event of any such fire or other casualty, and if the lease is not terminated pursuant to the foregoing provisions of this Lease, Tenant shall repair and restore any portion of alterations, additions or improvements made by or on behalf of Tenant in the Premises, and during any such period of Tenant's repair and restoration following substantial completion of Landlord's repair and restoration work, Rent shall be payable as if said fire or other casualty ; had not occurred. (d) In the event the Premises or a part thereof is destroyed by fire or other casualty, Landlord agrees to assist Tenant in locating equivalent temporary space for Tenant within (1) the Lincolnshire Corporate Center or (2) another office center located as close to the Building as possible.

Damage or Destruction by Casualty. (a) If the Premises or any part of the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable(“Casualty Damage”), then then, except as set forth below, Landlord shall proceed to repair and restore the same (other than the Tenant’s Property) to its prior existing condition with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's controlForce Majeure and Requirements then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage and in good faith, Casualty Damage direct an Approved Architect to estimate the length of time that will be required to substantially complete the repair and restoration of such damage from the date Landlord receives authority from Landlord's insurer to proceed with Casualty Damage including the repair and restoration of the Base Building ("Approval Date") and Tenant’s Property and shall by notice advise Tenant of such estimate, which estimate shall be given no later than sixty (60) days after such occurrence. If the Casualty Damage is to (1) twenty-five percent (25%) or more of the Premises, (2) prohibits all reasonable means of access to at least twenty-five percent (25%) of the Premises or (3) is to any portion of a Critical Area and renders at least twenty-five percent (25%) of the Premises Untenantable (e.g., telephones and/or computer systems are unavailable and Tenant has ceased Occupying the affected portion of the Premises) and it is so estimated that the amount of time required to substantially complete such repair and restoration will be less than one hundred eighty (180) days, Landlord shall commence such repair and restoration upon the Approval Date but in no event more than thirty (30) days after the occurrence of the damage. If the actual time for repairs and restoration exceeds one hundred eighty (180) days, Tenant may not terminate this Lease provided Landlord is diligently pursuing the repair and restoration of (i) the Base Building and such repair and restoration period does not portion of the entire Premises will exceed two hundred seventy (270) days; provided, however, if such repair days or (ii) the Base Building and restoration period is in excess of two hundred seventy (270) days Tenant may terminate this Lease on five (5) days written notice to Landlord. If it is so estimated that Tenant’s Property for the amount of time required to substantially complete such repair and restoration entire Premises will exceed one three hundred eighty sixty (180360) days days, both calculated from the Approval Date, then either earlier to occur of (x) the date Landlord or Tenant (but as to Tenant only if all or a substantial portion of the Premises are rendered untenantable and the estimated time to substantially complete the repair or receives insurance proceeds for restoration of the Premises will exceed such one hundred eighty Base Building or (180y) the date that is ninety (90) days from after the Approval Date date of such fire or casualty, then, in either case, each of Landlord and Tenant shall have the right to terminate this Lease as of the date of such damage Casualty Damage upon giving notice to the other at any time within twenty forty-five (2045) days after Landlord gives Tenant the notice containing said estimate (it being understood estimate; provided that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless may only terminate this Lease if Landlord is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness and also terminating all due diligence to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused other leases directly affected by matters beyond Landlord's control, and also subject to zoning laws and building codes then in effectsuch casualty. Landlord shall have no liability to Tenant, Tenant and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such Landlord’s repairs and restoration are not in fact completed within the time period estimated by Landlordthe Approved Architect for the repairs and restoration other than the Tenant’s Property, as aforesaid, or within said one two hundred eighty 180seventy (270) days, provided that Tenant shall be entitled to terminate this Lease (but Landlord shall not be liable for any damages) if such repairs and restoration are not completed within ninety (90) days (plus an additional ninety (90) days for Force Majeure) after the estimated time period or such 270-day period, whichever is longer, so long as Landlord shall proceed with reasonable promptness and due diligence. Notwithstanding anything to the contrary herein set forth: , (i) if any such damage rendering all or a substantial Casualty Damage requiring, in the Approved Architect’s reasonable estimate, more than one hundred eighty (180) days to repair both the Base Building portion of the Premises or Building untenantable shall occur and the Tenant’s Property occurs during the last three twenty-four (324) years months of the Term, then each of Landlord and Tenant shall have the option to terminate such affected portion of the Premises as of the date of the Casualty Damage by written notice to the other within forty-five (45) days after the date Landlord delivers its estimate of the time required to repair and (ii) if more than twenty-five percent (25%) of the Premises is so damaged or unavailable (as described above) or any Critical Area is so damaged or unavailable (as described above) such that at least twenty-five percent (25%) of the Premises is rendered Untenantable, then each of Landlord and Tenant shall have the option to terminate this Lease by written notice to Tenant within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease shall terminate as of the date of the Casualty Damage by written notice to the other within such damage; (ii) 45-day period. Landlord shall have no duty pursuant to this Section 15 to repair or restore any portion of alterations, additions or improvements made by or on behalf of Tenant in the Premises or improvements which are not in excess of Shell and Core and Tenant Improvements as defined in the Workletter attached hereto; (iii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if any mortgagee applies proceeds of insurance to reduce its loan balance and to pay any applicable loan fees and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration. In such event, Landlord shall distribute to Tenant the lesser of the balance of the insurance proceeds or the contract sum of the Tenant Improvements (as defined in the Workletter) which have been paid for as of said date, multiplied by a fraction of which the numerator is the number of months remaining in the Lease Term and the denominator is the number of months between the Commencement Date and the Expiration Date; and (iv) Tenant shall not have the right to terminate this Lease pursuant to this Section 15 if the damage or destruction was caused by the intentional or negligent act of Tenant, its agents or employees’s Property. (b) In the event any such fire Casualty Damage (1) is to twenty-five percent (25%) or casualty damage not caused by more of the intentional or negligent act Premises, (2) prohibits all reasonable means of Tenant, its agents or employees, renders access to at least twenty-five percent (25%) of the Premises substantially untenantable or (3) is to any portion of a Critical Area and Tenant renders at least twenty-five percent (25%) of the Premises Untenantable and if the Lease is not occupying the Premises and if this Lease shall not be terminated pursuant to the foregoing provisions of this Section 15 by reason of such damage15, then Rent for that portion of the Premises in which Tenant cannot conduct normal operations shall ▇▇▇▇▇ during the, the period beginning with the date of such damage Casualty Damage and ending ending, with respect to each portion of the Premises, on the earlier to occur of Tenant’s commencement of normal operations on such portion of the Premise or one hundred twenty (120) days after the date when Landlord Landlord, to the extent required under this Section 15, substantially completes its the repair and restoration workwork of the Casualty Damage, provided that if Tenant’s repair or restoration of the Tenant’s Property is delayed by reason of Force Majeure or Requirements, then such 120-day period after which Tenant’s shall be obligated to resume paying Rent shall be extended one day for each day Tenant’s repair or restoration is so delayed; subject to a maximum extension of ninety (90) days. Such abatement shall be in an amount bearing the same ratio to the total amount of Rent for such period as the Rentable Square Footage of that portion of the Premises being repaired and restored by Landlord and in which Tenant cannot heretofore delivered to Tenant from time to time conduct normal operations bears to the Rentable Square Footage of the entire Premises. Subject to all applicable Requirements, upon the request of Tenant, Landlord agrees that Landlord will use reasonable efforts (and shall cause its contractors to use reasonable efforts) to allow Tenant to promptly commence the restoration of the Tenant’s Property as soon as possible on a floor-by-floor basis, regardless of whether or not Landlord has substantially completed the repair or restoration of such portion of the Premises, provided that such commencement will not interfere with Landlord’s completion of its restoration work. In the event of termination of this Lease pursuant to this Section 15, Rent shall be apportioned on a per diem basis and be paid to the date of such fire [ or other casualty. If the Untenantability results from Casualty Damage to a Critical Area, Tenant agrees that Landlord may, at Landlord’s sole cost and expense, cure such Untenantability by relocating the Critical Area, including any equipment located in the Critical Area, to a different location within the Premises or such other space in the Building as Landlord and Tenant may reasonably and mutually agree and connecting the necessary wiring and/or cabling for the operations in the Critical Area to be relocated. (c) In the event that neither Landlord nor Tenant has terminated the Lease pursuant to Subsection 15(a), Landlord shall proceed to repair and restore the portions of any such fire or the Casualty Damage other casualtythan the Tenant’s Property in accordance with Subsection 15(a), and if the lease is not terminated pursuant to the foregoing provisions of this Lease, Tenant shall repair and restore any to a safe condition in compliance with all Requirements such portion of alterations, additions the Tenant’s Property that Tenant deems prudent or improvements made by or on behalf of Tenant in the Premises, and during any such period of Tenant's repair and restoration following substantial completion of Landlord's repair and restoration work, Rent shall be payable as if said fire or other casualty ; had not occurrednecessary to restore. (d) In the event the Premises or a part thereof is destroyed by fire or other casualty, Landlord agrees to assist Tenant in locating equivalent temporary space for Tenant within (1) the Lincolnshire Corporate Center or (2) another office center located as close to the Building as possible.