Common use of Destruction by Fire or Other Casualty, Condemnation Clause in Contracts

Destruction by Fire or Other Casualty, Condemnation. If the Sublet Premises or the Building shall be partially or totally damaged or destroyed by fire or other casualty, Sublessee shall have no right to terminate this Sublease and this Sublease shall not be terminated by reason of such casualty unless the Underlying Lease is terminated by Sublessor or Underlying Landlord pursuant to the provisions of the Underlying Lease. If the Sublet Premises are partially or totally damaged by fire or other casualty as a consequence of which Sublessor shall receive an abatement of rent or Additional Rent relating to the Sublet Premises, then in such event, there shall be a corresponding proportionate abatement of the Fixed Rent payable hereunder. Sublessee shall give Sublessor and Underlying Landlord notice of any fire, casualty or accident in or about the Sublet Premises promptly after Sublessee becomes aware of such event. If the Underlying Lease is terminated pursuant to the provisions thereof as the result of a taking of all or any portion of the Building by condemnation (or deed in lieu thereof), this Sublease shall likewise terminate. In such event, Sublessee shall have no claim to any portion of the award with respect to any such taking, except to file a claim for the value of its fixtures or for moving expenses; provided, however, that Sublessor's award is not thereby reduced or otherwise adversely affected. Sublessee waives the provisions of Section 227 of the New York Real Property Law, which is superseded by the provisions of this paragraph.

Destruction by Fire or Other Casualty, Condemnation. A. If the Sublet Premises or the Building shall be partially or totally are damaged or destroyed by fire or other casualty, Sublessee Subtenant shall have no right to terminate this Sublease except as set forth below in this Section 17A and this Sublease shall not be terminated by Sublandlord by reason of such casualty unless the Underlying Prime Lease is terminated by Sublessor Sublandlord in accordance with the provisions of this Section l7A below or Underlying by the Prime Landlord pursuant to the provisions of the Underlying Prime Lease. Sublandlord shall give Subtenant prompt notice of any such termination. If at any time during the Sublet Premises are partially Term hereof there is a casualty that destroys or totally damaged by fire renders untenantable 25% or other casualty as a consequence more of which Sublessor shall receive an abatement of rent or Additional Rent relating to the Sublet Prime Lease Premises, then in such event, there Sublandlord shall have the right to terminate this Sublease. Sublandlord shall also have the right to terminate this Sublease if 30% or more of the Premises is destroyed or rendered untenantable during the last two (2)years of the Term hereof. Subtenant shall have the right to terminate this Sublease if the whole or substantially the whole of the Premises is rendered untenantable and cannot be a corresponding proportionate abatement repaired within nine (9) months after the event that destroys or renders the same untenantable. In the event of any partial termination of this Sublease by Subtenant the Fixed Rent payable hereunderand Additional Rent shall be adjusted equitably. Sublessee Any right of termination in this Section 17A set forth shall give Sublessor and Underlying Landlord notice of any firebe exercised, casualty if at all, within sixty (60) days after the event that destroys or accident in or about renders the Sublet Premises promptly after Sublessee becomes aware of such event. If the Underlying Lease is terminated pursuant to the provisions thereof as the result of a taking of all or any affected portion of the Building untenantable and if exercised by condemnation (or deed in lieu thereof)Sublandlord, this Sublease shall likewise terminate. In such event, Sublessee shall have no claim it must be exercised simultaneously with Sublandlord’s termination as to any portion the remaining portions of the award with respect to any such taking, except to file a claim for the value of its fixtures or for moving expenses; provided, however, that Sublessor's award is not thereby reduced or otherwise adversely affected. Sublessee waives the provisions of Section 227 of the New York Real Property Law, which is superseded Prime Lease Premises affected by the provisions of this paragraphfire or other casualty.

Destruction by Fire or Other Casualty, Condemnation. If the Sublet Premises or the Building shall be partially or totally damaged or destroyed by fire or other casualty, Sublessee shall have no right to terminate this Sublease and this Sublease shall not be terminated by reason of such casualty unless the Underlying Lease is terminated by Sublessor or Underlying Landlord pursuant to the provisions of the Underlying Lease. If the Sublet Premises are partially or totally damaged by fire or other casualty as a consequence of which Sublessor shall receive an abatement of rent or Additional Rent additional rent relating to the Sublet Premises, then in such event, there shall be a corresponding proportionate abatement of the Fixed Base Rent payable hereunder. Sublessee shall give Sublessor and Underlying Landlord notice of any fire, casualty or accident in or about the Sublet Premises promptly after Sublessee becomes aware of such event. If the Underlying Lease is terminated pursuant to the provisions thereof as the result of a taking of all or any portion of the Building by condemnation (or deed in lieu thereof), this Sublease shall likewise terminate. In such event, Sublessee shall have no claim to any portion of the award with respect to any such taking, except to file a claim for the value of its fixtures or for moving expenses; provided, however, that Sublessor's ’s award is not thereby reduced or otherwise adversely affected. Sublessee waives the provisions of Section 227 of the New York Real Property Law, which is superseded by the provisions of this paragraph.

Destruction by Fire or Other Casualty, Condemnation. A. If the Sublet Premises or the Building shall be partially or totally are damaged or destroyed by fire or other casualty, Sublessee Subtenant shall have no right to terminate this Sublease except as set forth below in this Section 17A and this Sublease shall not be terminated by Sublandlord by reason of such casualty unless the Underlying Prime Lease is terminated by Sublessor Sublandlord in accordance with the provisions of this Section 17A below or Underlying by the Prime Landlord pursuant to the provisions of the Underlying Prime Lease. If the Sublet Premises are partially or totally damaged by fire or other casualty as a consequence of which Sublessor shall receive an abatement of rent or Additional Rent relating to the Sublet Premises, then in such event, there shall be a corresponding proportionate abatement of the Fixed Rent payable hereunder. Sublessee Sublandlord shall give Sublessor and Underlying Landlord Subtenant prompt notice of any fire, such termination. Sublandlord covenants that it will not terminate the Prime Lease in the event of any casualty or accident in or about except to the Sublet Premises promptly after Sublessee becomes aware extent Sublandlord has a right to terminate this Sublease as a result of such eventcasualty as set forth in this Section 17A below. If at any time during the Underlying Term hereof there is a casualty that destroys or renders untenantable 60% or more of the Prime Lease Premises, Sublandlord shall have the right to terminate this Sublease. Sublandlord shall also have the right to terminate this Sublease if 45% or more of the Premises is terminated pursuant destroyed or rendered untenantable during the last two (2) years of the Term hereof or if 30% or more of the Premises is destroyed or rendered untenantable during the last year of the Term hereof. Subtenant shall have the right to terminate this Sublease if 50% or more of the provisions thereof as Premises is rendered untenantable and cannot be repaired within nine (9) months after the result event that destroys or renders the same untenantable. Subtenant shall also have the right to terminate this Sublease in respect of a taking of all or any portion of the Premises containing one full floor or more of the Building by condemnation (or deed in lieu thereof), this Sublease shall likewise terminate. In if such event, Sublessee shall have no claim to any portion of the award with respect to Premises cannot be repaired within nine (9) months after the event that destroys same or renders same untenantable. In the event of any such takingpartial termination of this Sublease by Subtenant the Fixed Rent and Additional Rent shall be adjusted equitably. Any right of termination in this Section 17A set forth shall be exercised, except to file a claim for if at all, within sixty (60) days after the value of its fixtures event that destroys or for moving expenses; provided, however, that Sublessor's award is not thereby reduced or otherwise adversely affected. Sublessee waives renders the provisions of Section 227 affected portion of the New York Real Property Law, which is superseded by the provisions of this paragraphBuilding untenantable.