Common use of Restoration or Termination Clause in Contracts

Restoration or Termination. Notwithstanding Section 20(a), Landlord shall not be obligated to expend more in connection with such correction than the amount of that portion of the severance damages received in the condemnation which is allocated by the court or the condemnor to the expenses of the repair or reconstruction of the Premises or of that portion of the Building or Project requiring correction (or, if the Building or Project also requires repair and reconstruction in areas other than the area of the correction necessary to serve the Premises, then an equitable portion of the amount of severance damages allocated to all such repair and reconstruction). However, if Landlord does not have sufficient proceeds to substantially complete the restoration of the Premises required herein, and if Landlord elects not to fund the shortfall, Landlord shall so notify Tenant (the “Insufficient Proceeds Notice”), and Tenant, within thirty (30) days after receipt of the Insufficient Proceeds Notice, shall have the right to terminate this Lease by the giving of written notice to Landlord. If Tenant does not terminate the Lease, then Landlord shall restore the Premises to the extent possible using the proceeds made available to Landlord for such purpose. Any termination of this Lease pursuant to this Section 20 shall be effective as of the date of vesting of title pursuant to the condemnation or taking, and Landlord shall make a proportionate refund to Tenant of any Monthly Base Rent and recurring Additional Charges that have been paid in advance.

Restoration or Termination. Notwithstanding If, during the Lease Term, the Premises or the Building are totally or partially damaged or destroyed from any cause which is covered by insurance obtained by Landlord under Section 20(a)11.2.1, Landlord shall not be obligated diligently (taking into account the time necessary to expend more in connection effectuate a satisfactory settlement with such correction than any insurance companies involved) restore and repair the amount of that portion of Premises and the severance damages received in Building, as the condemnation which is allocated case may be, to proper condition for use and occupancy by the court or the condemnor Tenant to the expenses extent of the repair or reconstruction of the Premises or of that portion of the Building or Project requiring correction (orsuch net proceeds; provided, however, if the Building in Landlord's good faith determination, such damage or Project also requires repair and reconstruction in areas other than the area destruction is not reasonably susceptible of the correction necessary to serve the Premises, then an equitable portion of the amount of severance damages allocated to all such repair and reconstruction). However, if Landlord does not have sufficient proceeds to substantially complete the restoration of the Premises required herein, and if Landlord elects not to fund the shortfall, Landlord shall so notify Tenant being repaired or restored within one hundred eighty (the “Insufficient Proceeds Notice”), and Tenant, within thirty (30180) days after receipt the occurrence of such damage, including the Insufficient Proceeds Noticetime needed for removal of debris, shall have preparation of plans and issuance of all required governmental permits, Landlord or Tenant may, within forty-five (45) days after the right to occurrence of such damage, terminate this Lease by giving notice of termination to the giving other and specifying in such notice the effective date of written notice to Landlordsuch termination. If Tenant does not terminate this Lease is terminated pursuant to the preceding sentence, all Base Rent and Additional Rent payable hereunder shall be apportioned and paid (i) to the date such damage occurred, with respect to space inaccessible or unusable, and (ii) to the date of such termination of this Lease, then Landlord shall restore the Premises with respect to the extent possible using remainder of the proceeds made available Premises, an equitable apportionment to Landlord for such purposebe based upon the criteria provided below. Any Following any termination of this Lease as aforesaid, Tenant shall have no further rights or remedies as against Landlord pursuant to this Section 20 Lease or otherwise. If this Lease is not terminated as a result of such damage, this Lease shall be effective as continue in full force and effect and a just and proportionate part of the date of vesting of title pursuant to the condemnation or taking, and Landlord shall make a proportionate refund to Tenant of any Monthly Base Rent and recurring Additional Charges that Rent shall, according to the nature and extent to which the Premises shall have been paid in advanceso rendered inaccessible or unusable, be suspended or abated until the Premises shall have been restored to proper use and occupancy as aforesaid.