Common use of Excessive Damage or Destruction Clause in Contracts

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Landlord is delayed from repairing and/or restoring the damage to the Premises within twelve (12) months after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process), Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within Within forty-five (45) days after the date of the damage or destruction, Landlord shall deliver to Tenant written notice of its determination of the estimated time required, from and after the date of such damage or destruction, to fully repair or restore the damage or destruction of the Building (the "Estimated Restoration Period"). Landlord's determination of the Estimated Restoration Period shall be in its sole and absolute discretion and shall be binding on Tenant. If the Estimated Restoration Period is greater than one hundred eighty (180) days, either Landlord determines that or Tenant may terminate this Lease by giving written notice to the Building can be fully repaired or restored by other no later than ten (10) days after the Repair Datedate of Landlord's notice to Tenant of its determination of the Estimated Restoration Period. If the Estimated Restoration Period is greater than one hundred eighty (180) days, and neither Landlord nor Tenant terminate the Lease as permitted above, or if it the Estimated Restoration Period is determined that such repair equal to or restoration cannot be made by the Repair Date but Landlord does not elect to terminateless than one hundred eighty (180) days, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Subsequently, if Landlord is delayed or prevented from repairing and/or restoring the damage to the Premises within twelve the later of (12i) months thirty (30) days after the expiration of the Estimated Restoration Period or (ii) one hundred eighty (180) days after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process)destruction, Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction it cannotnot within Landlord’s reasonable discretion, with reasonable diligence, be fully repaired or restored by Landlord (including all Tenant Improvements other than property owned by Tenant, including, without limitation, Tenant’s furniture, fittings, installations, cabling, fixtures and personal property) within the earlier of (i) one two hundred eighty seventy (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45270) days after the date of the damage or destruction, or (ii) the expiration of the Term hereof, Landlord shall notify Tenant of the date Landlord anticipates that such repairs will be complete (the “Maximum Restoration Period”) within thirty (30) days of the date of the damage or destruction; provided, that if Landlord is legally prohibited from having access to the Building after such damage or destruction, such thirty (30) day period shall be tolled one day for each date that Landlord is legally prohibited from accessing the Building. Within thirty (30) days of such notice, either Landlord or Tenant may terminate this Lease by written notice to the other. If Landlord determines that the Building can be fully repaired or restored by the Repair Datethis Lease is not so terminated, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possiblepossible and if Landlord contemplates that such repairs will be completed within two hundred seventy (270) days of the date of the damage or destruction, Tenant may request in writing that Landlord notify Tenant of the anticipated length of the Maximum Restoration Period. If Landlord is delayed from repairing and/or restoring the damage to the Premises within twelve (12) months after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process), Landlord or Tenant may at any time thereafter after Landlord has commenced repairs on the Building, Landlord forms a good faith belief that Landlord will not be able to complete the repairs within the Maximum Restoration Period, Landlord shall send Tenant a notice estimating the additional period beyond the Maximum Restoration Period that will be necessary to complete repairs. If such additional period exceeds thirty (but prior 30) days beyond the end of the Maximum Restoration Period, then Tenant shall have, for a period of ten (10) calendar days after such notice, the right to the substantial completion of said repair and/or restoration by Landlord) elect to terminate this Lease by ten (10) days prior delivering written notice to Landlord. If Tenant elects to terminate, this Lease shall terminate as of the otherdate of Tenant’s notice. If Tenant does not timely elect to terminate, whereupon this Lease shall remain in full force and effect, and Landlord and Tenant shall (except complete repairs as otherwise expressly provided in this Lease) be released from any further obligations under this Leasesoon as reasonably practicable.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall reasonably determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's reasonable determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Landlord is delayed from repairing and/or restoring the damage to the Premises within twelve two hundred seventy (12270) months days after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process), Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease as of the date such damage or destruction occurred, whereupon Landlord and Tenant (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Landlord is delayed from repairing and/or restoring the damage to the Premises within twelve two hundred seventy (12270) months days after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process), Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.

Excessive Damage or Destruction. If the Building is (whether or not the Premises are affected) is damaged or destroyed to the extent that Landlord determines that such damage or destruction it cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) within one hundred eighty (180) days after the date of the damage or destruction or (ii) if any Senior Holder requires that any or all of such insurance proceeds be used in accordance with the expiration requirements of the Term hereof (eitherits Senior Instrument, as applicable, the "Repair Date")then in any such case, Landlord may elect to terminate this Lease. Notwithstanding Lease effective on the fact that the Premises have been damaged earliest date of such damage or destroyeddestruction, and Landlord shall determine whether reimburse Tenant for any rents paid by Tenant which are applicable to the Building can be fully repaired or restored by period beginning on the Repair Date, and Landlord's determination shall be binding upon Tenanteffective date of such termination. Landlord shall notify Tenant of its determinationdetermination and election, in writingwriting (herein the "Election Notice"), within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminateterminate this Lease, then this Lease shall remain in full force and effect and Landlord the Premises and the Building shall diligently be repaired and rebuilt in accordance with the provisions for repair and restore the damage as soon as reasonably possiblerestoration set forth in Subsection 17.1 above. If Landlord is delayed from repairing and/or restoring the damage determines not to terminate this Lease and determines that repair and restoration will not be completed within such 180 day period to an extent which would allow Tenant to utilize the Premises within twelve (12) months after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited permitted use set forth herein, then Tenant shall have the right to delays caused by the insurance adjustment process), Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by written notice given to Landlord within ten (10) days prior written notice to of the otherdate upon which 106 the Election Notice is given; such termination shall be effective on the date specified in such notice, whereupon Landlord and Tenant which shall be no later than ten (except as otherwise expressly provided in this Lease10) be released from any further obligations under this Leasedays following the date of such notice.

Excessive Damage or Destruction. If In case of any damage to or destruction of the Building is Demised Premises by fire or other insured casualty which shall render the Demised Premises are damaged or destroyed substantially untenantable and unfit for occupancy and which damage cannot be repaired within one hundred twenty (l20) days from the happening of such casualty, then this Lease shall terminate at the option of either party by written notice to the extent that Landlord determines other; provided, however, that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of written notice is mailed within fifteen (i) one hundred eighty (180l5) days after the date of the damage such fire or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Leasecasualty. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building Demised Premises can be fully repaired or restored by within the Repair Dateone hundred twenty (l20) day period, and Landlord's determination shall be binding upon conclusive on Tenant. The period of time during which Landlord is prevented from performing any act required to be performed hereunder by reason of unavoidable delays as defined in Section 24.2l shall notify be added to the time for performance of such act. In the event of such termination, Tenant shall immediately surrender possession of its determination, in writing, within forty-five (45) days after the Demised Premises and shall pay Rent only to the date of the such damage or destruction; and Landlord may re-enter and repossess the Demised Premises discharged from this Lease. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect neither party elects to terminate, then terminate this Lease shall remain in full force and effect and within such fifteen l5) day period, Landlord shall diligently thereupon repair and restore the damage as soon as reasonably possibleDemised Premises with reasonable speed and dispatch. If Landlord is delayed from repairing and/or restoring the damage The Fixed Rent and Additional Rent due and payable hereunder shall xxxxx proportionately, but only to the Premises within twelve (12) months after extent of any proceeds received by Landlord from rental abatement insurance described in Section l2.l C, which rental abatement insurance Landlord represents is adequate and shall, from time to time, be increased so as to remain adequate. Such abatement shall continue for the occurrence of period commencing with such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process), Landlord or Tenant may at any time thereafter (but prior to the and ending with substantial completion by Landlord of said its repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to or reconstruction work or until business is totally or partially resumed, whichever is the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Leaseearlier.