Common use of Major or Uninsured Damage Clause in Contracts

Major or Uninsured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection A. above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety (90) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Lease, Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's actions or omissions are the cause of the damage. If Tenant has the right to terminate the Lease in accordance with the above provisions, Tenant may so elect by written notice to Landlord which must be given within fifteen (15) days after Tenant's receipt of Landlord's notice of its election to rebuild. Upon Landlord's receipt of such notice, the termination shall be effective as of the date the destruction occurred.

Major or Uninsured Damage. In the event the Premises Premises, or the Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, obligated under Subsection A. above, Section XVII(A) above to rebuild, repair rebuild or restore the Premises or the Building, as the case may be, or to repair the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of its electionmay, at its option, to either (1i) rebuild, rebuild or restore the Premises or Building and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; thereof or (2ii) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety thirty (9030) days after the damage or destruction occurs of its election to rebuild or restore the Premises or Building, as the case may be, and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Lease, Tenant may terminate this Lease upon thirty (30) days prior written notice if either (ia) Landlord notifies Tenant determines that such repair or restoration cannot be completed within three one hundred and sixty-five eighty (365180) days after the work is commenced or (iib) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's ’s actions or omissions are the cause of the damagedamage against which Tenant shall indemnify Landlord pursuant to Section VIII above. If Tenant has the Landlord shall not exercise its right to so terminate this Lease, Landlord shall have no obligation to repair any damage to, or to replace any of, Tenant’s personal property, furnishings, fixtures, equipment or other such property or effects of Tenant and Tenant shall promptly repair any damage to, or replace all of Tenant’s personal property, furnishings, fixtures, equipment and other such property or effects of Tenant, unless such damage or loss was caused by the Lease in accordance with the above provisions, Tenant may so elect by written notice to negligent or reckless act or omission of Landlord which must be given within fifteen (15) days after Tenant's receipt of Landlord's notice of and/or its election to rebuild. Upon Landlord's receipt of such notice, the termination shall be effective as of the date the destruction occurredrepresentatives or agents.

Major or Uninsured Damage. In If during the event Term the Premises or the Building are partially or totally destroyed by any casualty and Landlord is not obligated under Section 24.1 captioned “Insured Damage” to restore the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty to as the extent that Landlord is not obligated, under Subsection A. above, to rebuild, repair or restore the damaged portion thereofcase may be, then Landlord shall within sixty (60) days after such damage or destructionmay, notify Tenant of at its election, at its option, to either (1i) rebuildrestore the Premises or the Building to substantially the same condition as they were in immediately before such destruction, restore and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2ii) terminate this Lease effective as of the date of such destruction. If in the damage opinion of a registered architect or destruction occurredengineer appointed by Landlord such restoration cannot be completed within one hundred twenty (120) days after the date of the casualty, Tenant shall have the right to terminate the Lease effective as of the date of such destruction. If Landlord does not give Tenant written notice within ninety sixty (9060) days after the damage or date of such destruction occurs of its election to rebuild restore the Premises or restore and repair the damaged portions thereofBuilding, as the case may be, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding If Landlord elects to restore the foregoing, if Landlord does not elect to terminate this Lease, Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such repair Premises or restoration cannot be completed within three hundred the Building and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's actions or omissions are the cause of the damage. If Tenant has the right to terminate not otherwise terminated the Lease in accordance with this Section, as the above provisionscase may be, Tenant may so elect by written notice Landlord shall use commercially reasonable efforts to Landlord which must be given complete such restoration within fifteen one hundred twenty (15120) days after Tenant's receipt the date of Landlord's notice of its election the casualty, provided, however, that such one hundred twenty (120) day period shall be extended by a period equal to rebuildany delays caused by Force Majeure. Upon Landlord's receipt If Landlord does not complete such restoration within nine (9) months following the date of such noticedestruction, then Tenant may elect to terminate this Lease by giving notice to such effect to Landlord within ten (10) days following the termination shall be effective as end of the date the destruction occurredsuch nine (9) month period.

Major or Uninsured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection A. Section 12.01 above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of its election, at its option, to either (1i) rebuild, restore and repair the damaged portions thereof, in which case Landlord's ’s notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2ii) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Lease, Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three hundred and sixty-sixty- five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's ’s actions or omissions are the cause of the damage. If Tenant has the right to terminate the Lease in accordance with the above provisions, Tenant may so elect by written notice to Landlord which must be given within fifteen (15) days after Tenant's ’s receipt of Landlord's ’s notice of its election to rebuild. Upon Landlord's ’s receipt of such notice, the termination shall be effective as of the date the destruction occurred.

Major or Uninsured Damage. In the event the Premises or the Buildingpremises, or any portion thereof, is damaged or destroyed by any casualty casual to the extent that Landlord Lessor is not obligated, under Subsection A. subsection (a) above, to rebuild, repair or restore the damaged portion thereof, then Landlord Lessor shall within sixty (60) days after such damage or destruction, notify Tenant Lessee of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case LandlordLessor's notice shall specify the time period within which Landlord Lessor estimates such repairs or restoration can be completed, which time period shall not exceed 365 days after the damage or destruction occurs; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord Lessor does not give Tenant Lessee written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord Lessor shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, this Lease shall not terminate if Landlord Lessee repairs or rebuilds in accordance with the provisions of this section and commences repairs or rebuilding within sixty (60) days after notice that Lessor does not intend to rebuild or repair. Notwithstanding the foregoing, if Lessor does not elect to terminate this Lease, Tenant Lessee may terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve twelve- (12) months of the Term, unless TenantLessee's actions or omissions are the cause of the damage. If Tenant Lessee has the right to terminate the Lease in accordance with the above provisions, Tenant Lessee may so elect by written notice to Landlord Lessor which must be given within fifteen fifteen- (15) days after TenantLessee's receipt of LandlordLessor's notice of its election to rebuild. Upon LandlordLessor's receipt of such notice, the termination shall be effective as of the date the destruction occurred. Any rebuilding or repairs referred to in this section shall be performed as promptly as reasonably possible under the circumstances subject to matters outside of Lessor's control.

Major or Uninsured Damage. In the event the Premises or the Buildingpremises, or any portion thereof, is damaged or destroyed by by, any casualty casual to the extent that Landlord Lessor is not obligated, obligated under Subsection A. subsection (a) above, to rebuild, rebuild repair or restore the damaged portion thereof, thereof- then Landlord Lessor shall within sixty (60) days after such damage or destruction, notify Tenant Lessee of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case LandlordLessor's notice shall specify the time period within which Landlord Lessor estimates such repairs or restoration can be completed, which time period shall not exceed 365 days after the damage or destruction occurs; or (2) terminate this Lease effective as of the date the damage or destruction occurred. occurred If Landlord Lessor does not give Tenant Lessee written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord Lessor shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, this Lease shall not terminate if Landlord Lzssee repairs or rebuilds in accordance with the provisions of this section and commences repairs or rebuilding within sixty (60) days after notice that Lessor does not intend to rebuild or repair. Notwithstanding the foregoing, if Lessor does not elect to terminate this Lease, Tenant may Lessee tray, terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve twelve- (12) months of the Term, unless TenantLessee's actions or omissions are the cause of the damage. If Tenant Lessee has the right to terminate the Lease in accordance with the above provisions, Tenant Lessee may so elect by written notice to Landlord Lessor which must be given within fifteen fifteen- (15) days after TenantLessee's receipt of LandlordLessor's notice of its election to rebuild. Upon LandlordLessor's receipt of such notice, the termination shall be effective as of the date the destruction occurredoccurred Any rebuilding or repairs referred to in this section shall be performed as promptly as reasonably possible under the circumstances subject to matters outside of Lessor's control.

Major or Uninsured Damage. In the event the Premises or the ------------------------- Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection A. Section 12.01 above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of its election, at its option, to either (1i) rebuild, restore and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2ii) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Lease, Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's actions or omissions are the cause of the damage. If Tenant has the right to terminate the Lease in accordance with the above provisions, Tenant may so elect by written notice to Landlord which must be given within fifteen (15) days after Tenant's receipt of Landlord's notice of its election to rebuild. Upon Landlord's receipt of such notice, the termination shall be effective as of the date the destruction occurred.

Major or Uninsured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection subsection A. above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall shall, as promptly as practicable but in any event within sixty (60) days after such damage or destruction, notify Tenant of its election, at its option, to either either, (1) rebuild, restore and repair the damaged portions thereof, in which case Landlord's Landlords notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if If Landlord does not elect elects or is deemed to have elected to terminate this Lease, then so long as Tenant may terminate is not in default under Section VIII.C. of this Lease if either or in monetary default (ii.e., in each case, after expiration or any applicable cure period) Landlord notifies under this Lease or the Other Lease at the time of exercise, Tenant that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's actions or omissions are the cause of the damage. If Tenant has shall have the right to terminate the Other Lease effective as of the later of the date Tenant specifies in accordance with its notice (which shall in no event be prior to the above provisionsdate Tenant's notice is given pursuant to this sentence) or the date Tenant vacates the Other Premises (as defined in Addendum Section XXXV.A. below), Tenant may so elect by written notice to Landlord which must be given given, if at all, within fifteen ten (1510) days after Tenant's receipt the date of Landlord's notice of its or deemed election to rebuildterminate this Lease. Upon Notwithstanding the preceding sentence, in the event of damage or destruction giving rise to Landlord's receipt right to terminate the Lease under this subsection B., Landlord may, by written notice to Tenant given prior to expiration of such noticethe sixty (60) day period specified herein ("Landlord's Notice"), require Tenant to advise Landlord, in writing within ten (10) days after Landlord's Notice, to elect unconditionally either to terminate, or to waive its right to terminate, the termination Other Lease if Landlord elects or is deemed to have elected to terminate this Lease, which election shall be effective binding on Tenant and the provisions the preceding sentence shall, thereafter, not apply. In the event Tenant fails to make an election strictly within the time and the manner specified herein, then Tenant shall be conclusively deemed to have waived its right to terminate the Other Lease. In the event that Landlord's notice specifies a period of in excess of one-hundred eighty (180) days to complete repairs, and Landlord elects not to terminate the Lease, then, so long as Tenant is not then in default under Section VIII.C. of this Lease or in monetary default hereunder (i.e., in each case, after expiration of any applicable cure period), Tenant shall have the right, by written notice to Landlord given within ten (10) days after Landlord's notice described in the first sentence of this subsection B, is given, to either (i) terminate this Lease (only) or (ii) terminate this Lease and the Other Lease. If this Lease is not terminated as a result of damage or destruction, then Landlord shall repair the balance of the date Premises to the destruction occurredcondition existing prior to the damage, if permitted by applicable law.

Major or Uninsured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection A. above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall within sixty thirty (6030) days after such damage or destruction, notify Tenant of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If if Landlord does not give Tenant written notice within ninety thirty (9030) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Lease, Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three one hundred and sixty-five twenty (365120) days after the work is commenced damage or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's actions or omissions are the cause of the damage. If Tenant has the right to terminate the Lease in accordance with the above provisions, Tenant may so elect by written notice to Landlord which must be given within fifteen (15) days after Tenant's receipt of Landlord's notice of its election to rebuild. Upon Landlord's receipt of such notice, the termination shall be effective as of the date the destruction occurred.

Major or Uninsured Damage. In the event the Premises premises or the Buildingbuilding, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord Lessor is not obligated, under Subsection A. subsection (a) above, to rebuild, repair or restore the damaged portion thereof, then Landlord Lessor shall within sixty (60) days after such damage or destruction, notify Tenant Lessee of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case LandlordLessor's notice shall specify the time period within which Landlord Lessor estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord Lessor does not give Tenant Lessee written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord Lessor shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord Lessor does not elect to terminate this Lease, Tenant Lessee may terminate this Lease if either (i) Landlord Lessor notifies Tenant Lessee that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless TenantLessee's actions or omissions are the cause of the damage. If Tenant has the right to terminate the Lease in accordance with the above provisions, Tenant Lessee may so elect by written notice to Landlord Lessor which must be given within fifteen (15) days after TenantLessee's receipt of LandlordLessor's notice of its election to rebuild. Upon LandlordLessor's receipt of such notice, the termination shall be effective as of the date of the destruction occurred.

Major or Uninsured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection subsection A. above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall shall, within sixty (60) days after such damage or destruction, notify Tenant of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Leasewhere the estimated repair time exceeds one hundred eighty (180) days, Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's actions or omissions are the cause of the damage. If Tenant has shall have the right to terminate the Lease provided Tenant is not then in accordance with default hereunder and the above provisionsdamage or destruction was not caused in whole or in part by Tenant or anyone for whom Tenant is responsible, and provided further that Tenant may so elect by written notice to notifies Landlord which must be given within fifteen (15) days after Tenant's receipt of Landlord's notice of its election to rebuild. Upon terminate the Lease in writing within ten (10) days after Landlord's receipt notice is given pursuant to the first sentence of such noticethis subsection B. If Tenant is entitled to and properly exercises the foregoing option strictly in the manner and within the time set forth herein, then the termination Lease shall be terminate effective as of the later of the date of Tenant's election notice or the destruction occurreddate Tenant vacated the Premises.

Major or Uninsured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection subsection A. above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall shall, as promptly as practicable but in any event within sixty (60) days after such damage or destruction, notify Tenant of its election, at its option, to either either, (1) rebuild, restore and repair the damaged portions thereof, in which case Landlord's Landlords notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding Except as specifically set forth in the foregoing, if Landlord does not elect to terminate this Other Lease, in no event shall Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within three hundred and sixty-five (365) days after the work is commenced or (ii) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant's actions or omissions are the cause of the damage. If Tenant has have the right to terminate the this Lease in accordance with the above provisionsevent of damage or destruction, except that, in the event that Landlord's notice specifies a period of in excess of one-hundred eighty (180) days to complete repairs, and Landlord elects not to terminate the Lease, then, so long as Tenant is not then in default under Section VIII.C. of this Lease or in monetary default hereunder (i.e., in each case, after expiration of any applicable cure period), Tenant may so elect shall have the right, by written notice to Landlord which must be given within fifteen ten (1510) days after Tenant's receipt of Landlord's notice described in the first sentence of its election this subsection B. is given, to rebuildterminate this Lease (only). Upon Landlord's receipt If this Lease is not terminated as a result of such noticedamage or destruction, then Landlord shall repair the termination shall be effective as balance of the date Premises to the destruction occurredcondition existing prior to the damage, if permitted by applicable law.

Major or Uninsured Damage. In the event the Premises or the BuildingProperty, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligatedCasualty, under Subsection A. abovethen, to rebuild, repair or restore the damaged portion thereof, then Landlord shall within sixty (60) days after provided such damage or destruction, notify Tenant of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does was not give Tenant written notice within ninety (90) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Leaseintentionally caused by Tenant, Tenant may terminate this Lease if either (i) Landlord notifies Tenant that such the required repair or restoration cannot be completed within three two hundred and sixty-five seventy (365270) days after the work is commenced or date of the occurrence of the applicable Casualty, (ii) the damage or destruction occurs within Premises shall remain untenantable for more than thirty (30) days and the anticipated completion date of the applicable restoration will occur during the last twelve (12) months of the Termthen in effect term of this Lease, unless Tenant's actions or omissions are (iii) such rebuilding, restoration, or repair is not then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the cause of damaged portion thereof to substantially its condition immediately prior to the damagedamage or destruction. If Tenant has the right to terminate the this Lease in accordance with the above provisions, Tenant may so elect by written notice to Landlord which must be given within fifteen thirty (1530) days after Tenant's the date Landlord delivers the applicable Damage Notice (as defined in Section 11(F) below) to Tenant together with the required evidence of insurance and statement regarding availability of insurance proceeds. If Landlord fails to deliver the Damage Notice in the time and manner set forth above, and such failure thereafter continues for ten (10) business days after Landlord’s receipt of Landlord's a written notice thereof (such subsequent notice shall note on the first page thereof, in bold and capitalized letters, that the failure of Landlord to provide the Damage Notice will constitute a deemed notice that the required restoration will take in excess of two hundred seventy (270) days from the date of casualty to complete), Tenant may exercise any of its election rights that Tenant would have if Landlord had delivered a Damage Notice that provided that the restoration process would take in excess of two hundred seventy (270) days from the date of casualty to rebuildcomplete. Upon Landlord's ’s receipt of such noticevalid termination notice from Tenant under this paragraph, the termination shall be effective as of the date the destruction occurredoccurred and Tenant shall have a reasonable period thereafter to move out of the Premises.

Major or Uninsured Damage. In the event the Premises Premises, or the BuildingBuilding in which the Premises are a part, or any portion thereof, is damaged or destroyed by any casualty to the extent that Landlord is not obligated, under Subsection A. “A” above, to rebuild, repair rebuild or restore the Premises or the Building, as the case may be, or to repair the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of its electionmay, at its optionsole discretion, to either (1a) rebuild, rebuild or restore the Premises or Building and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2b) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within ninety sixty (9060) days after the damage or destruction occurs of its election to rebuild or restore the Premises or Building, as the case may be, and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, if Landlord does not elect to terminate this Lease, Tenant may terminate this Lease upon thirty (30) days prior written notice if either (ia) Landlord notifies Tenant determines that such repair or restoration cannot be completed within three one hundred and sixty-five eighty (365180) days after the work is commenced days, or (iib) the damage or destruction occurs within the last twelve (12) months of the TermTerm and such repair or restoration cannot be completed within thirty (30) days, unless unless, Tenant's ’s actions or omissions are likely the cause of the damage. If damage against which Tenant has the right shall indemnify Landlord pursuant to terminate the Lease in accordance with the above provisionsSection 18, Tenant may so elect by written notice to Landlord which must be given within fifteen (15) days after Tenant's receipt of Landlord's notice of its election to rebuild. Upon Landlord's receipt of such notice, the termination shall be effective as of the date the destruction occurredIndemnification below.