Common use of Termination Right Clause in Contracts

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in the good faith determination of Landlord's architect, the time needed to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualty, Landlord shall give prompt notice thereof to Tenant. Tenant, at any time following such notice but prior to commencement of repair of the Premises and following 10 days written notice to Landlord, may terminate this Lease effective 30 days after delivery of such notice to Landlord. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's business at the Premises. Abatement of rent and Tenant's right of termination pursuant to this provision shall be Tenant's sole remedy for failure of Landlord to keep in good order, condition and repair the foundations structural supports and exterior walls of the Building, Building roof, utility systems outside the Building, the Common Areas. In the event that the Premises or the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualty, to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualty.

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in there is substantial interference for a period exceeding one hundred eighty (180) consecutive days with the good faith determination conduct by Tenant of Landlord's architectits business at the Premises (provided, the up to an additional sixty (60) days shall be added to such one hundred eighty (180) consecutive day period to account for time needed Landlord may require to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualtyobtain permits for such repairs), Landlord shall give prompt notice thereof to Tenant. Tenantthen either party, at any time following such notice but prior to commencement of repair of the Premises and following 10 ten (10) days written notice to Landlordthe other party, may terminate this Lease effective 30 thirty (30) days after delivery of such notice to the other party. Within forty five (45) days following the occurrence of such damage, Landlord shall inform Tenant in writing of Landlord’s estimate of the time required to complete repairs to the Premises. Further, if any portion of the Premises is damaged and is not fully covered by the aggregate of insurance proceeds received by Landlord and any applicable deductible or if the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, and Tenant does not voluntarily contribute any shortfall thereof to Landlord, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within sixty (60) days after the date of notice to Tenant of any such event. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's ’s business at the Premises. Abatement of rent and Tenant's ’s right of termination pursuant to this provision shall be Tenant's ’s sole remedy for failure of Landlord with respect to keep in good order, condition and repair the foundations structural supports and exterior walls any such damage regardless of the Building, Building roof, utility systems outside the Building, the Common Areas. In the event that the Premises or the Building, or any material part cause thereof, shall be destroyed or damaged by fire or other casualty, to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualty.”

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in there is substantial interference for a period exceeding one hundred eighty (180) consecutive days with the good faith determination conduct by Tenant of Landlord's architectits business at the Premises (provided, the up to an additional sixty (60) days shall be added to such one hundred eighty (180) consecutive day period to account for time needed Landlord may require to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualtyobtain permits for such repairs), Landlord shall give prompt notice thereof to Tenant. Tenantthen either party, at any time following such notice but prior to commencement of repair of the Premises and following 10 ten (10) days written notice to Landlordthe other party, may terminate this Lease effective 30 thirty (30) days after delivery of such notice to the other party. Within forty five (45) days following the occurrence of such damage, Landlord shall inform Tenant in writing of Landlord’s estimate of the time required to complete repairs to the Premises. Further, if any portion of the Premises is damaged and is not fully covered by the aggregate of insurance proceeds received by Landlord and any applicable deductible or if the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, and Tenant does not voluntarily contribute any shortfall thereof to Landlord, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within sixty (60) days after the date of notice to Tenant of any such event. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's ’s business at the Premises. Abatement of rent and Tenant's ’s right of termination pursuant to this provision shall be Tenant's ’s sole remedy for failure of Landlord with respect to keep in good order, condition and repair the foundations structural supports and exterior walls any such damage regardless of the Building, Building roof, utility systems outside the Building, the Common Areas. In the event that the Premises or the Building, or any material part cause thereof, shall be destroyed or damaged by fire or other casualty, to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualty.

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Thereafter, Landlord shall send Tenant written notice (the “Estimated Time Notice”) of the estimated period of time, as determined by Landlord’s architect, that repair of such damage will substantially interfere with the conduct of Tenant’s business at the Premises. Subject to the provisions of Paragraph 9.2, if the damage to the Premises or the Building shall be damaged to is such an extent that that, in the good faith determination opinion of Landlord's architect’s architect as set forth in the Estimated Time Notice, there will be substantial interference with the time needed to make restoration as required conduct by Section 9.2 shall exceed 180 days from the date Tenant of casualty, Landlord shall give prompt notice thereof to Tenant. Tenant, its business at any time following such notice but prior to commencement of repair of the Premises and following 10 days written notice to Landlordfor a period exceeding ninety (90) consecutive days, then Tenant may terminate this Lease by sending Landlord written notice thereof within ten (10) days after Tenant receives the Estimated Time Notice (time being of the essence), which termination shall be effective 30 thirty (30) days after delivery of such notice of termination to Landlord. Such If the Estimated Time Notice states that repair of damage will not interfere with the conduct of Tenant’s business at the Premises for more than ninety (90) consecutive days, but such repair does in fact interfere with the conduct of Tenant’s business at the Premises for a period in excess of ninety (90) days (excluding delays caused by events of force majeure), then Tenant may terminate this Lease by sending Landlord written notice thereof within ten (10) days after the expiration of such ninety (90) day period (time being of the essence), which termination shall not be effective thirty (30) days after delivery of such notice of termination to Landlord. No such termination shall excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's ’s business at the Premises. Abatement of rent and Tenant's ’s right of termination pursuant to this provision shall be Tenant's sole remedy ’s only remedies for failure of Landlord to keep in good order, condition and repair the foundations structural supports and exterior walls of the Building, Building roof, utility systems outside the Building, the Common Areas. In the event that the Premises or the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualty, to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualtyAreas and HVAC.

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate prompt written notice of any damage to the Premises of which Tenant is actually aware. Landlord shall promptly give Tenant written notice of any damage to the Premises of which Landlord is actually aware, which notice shall include the reasonable estimate for the time period required to repair or restore the Premises, as determined by Landlord’s construction consultant. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in during the good faith determination last two (2) years of the Term or if the estimated time for restoration or repair exceeds 180 days, Tenant may, within 10 business days after Tenant’s receipt of Landlord's architect’s notice and estimate, the time needed to make restoration as required terminate this Lease by Section 9.2 shall exceed 180 days from the date of casualty, Landlord shall give prompt notice thereof to Tenant. Tenant, at any time following such notice but prior to commencement of repair of the Premises and following 10 days written notice to Landlord, may terminate this Lease effective 30 days after delivery of such notice to Landlord. Such termination shall not excuse the performance by Tenant either party of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's ’s business at the Premises. Abatement of rent and Tenant's ’s right of termination pursuant to this provision shall be Tenant's ’s sole remedy for failure of Landlord to keep in good order, condition and repair the foundations structural supports and exterior walls of the Building, Building roof, utility systems outside the Building, Building and the Common Areas. In Areas in the event that of any damage to the Premises or the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualty, pursuant to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualtyParagraph 9.1.

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the PremisesPremises upon discovery thereof. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in there is or will be substantial interference for a period exceeding one hundred eighty (180) consecutive days with the good faith determination conduct by Tenant of Landlord's architectits business at the Premises, the time needed to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualty, Landlord shall give prompt notice thereof to Tenant. Tenantthen either party, at any time following such notice but prior to commencement of repair of the Premises and following 10 days written notice to Landlord, may terminate this Lease effective 30 thirty (30) days after delivery of such written notice to the other party. Further, if any portion of the Premises is damaged and is not fully covered by the aggregate of insurance proceeds received by Landlord and any applicable deductible or if the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, and Tenant does not voluntarily contribute any shortfall thereof to Landlord, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Tenant of any such event. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's ’s business at the Premises. Abatement of rent and Tenant's ’s right of termination pursuant to this provision shall be Tenant's ’s sole remedy for failure of Landlord with respect to keep in good order, condition and repair the foundations structural supports and exterior walls any such damage regardless of the Building, Building roof, utility systems outside cause thereof. If the Building, the Common Areas. In the event that Lease is not terminated following damage due to a casualty as provided herein Landlord shall restore the Premises or to substantially the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualty, same condition in which they existed immediately prior to such an extent that the time needed casualty subject to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualtyapplicable laws.

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in there is substantial interference for a period exceeding 90 consecutive days with the good faith determination conduct by Tenant of Landlord's architectits business at the Premises, the time needed to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualty, Landlord shall give prompt notice thereof to Tenant. Tenant, at any time following such notice but prior to commencement of repair of the Premises and following 10 days written notice to Landlord, may terminate this Lease effective 30 days after delivery of such notice to Landlord. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's business at the Premises. Abatement of rent and Tenant's right of termination pursuant to this provision shall be Tenant's sole remedy for failure of Landlord to keep in good order, condition and repair the foundations structural supports and exterior walls of the Building, Building roof, utility systems outside the Building, the Common AreasAreas and HVAC. . In the event that the Premises or the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualty, to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualty.

Termination Right. To Delete Paragraph 9.1 of the extent that Landlord is not aware of any damage to Lease in its entirety and replace it with the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Subject to the provisions of Paragraph 9.2, if following: "If the Premises are rendered untenantable by a fire or other casualty and the Building shall be damaged to such an extent that in the good faith determination of Landlord's architect, the time needed to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualty, Landlord shall give prompt notice thereof to Tenant. Tenant, at any time following such notice but prior to commencement of reconstruction or repair of the Premises and following 10 days written notice to Landlord, may terminate this Lease effective 30 is not capable of being completed within ninety (90) days after delivery of such notice to Landlord. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's business at the Premises. Abatement of rent and Tenant's right of termination pursuant to this provision shall be Tenant's sole remedy for failure of Landlord to keep in good order, condition and repair the foundations structural supports and exterior walls date of the Building, Building roof, utility systems outside the Building, the Common Areas. In the event that the Premises or the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualty, then either Landlord or Tenant may terminate this Lease by written notice to such the other delivered within thirty (30) days after the date of the fire or other casualty, whereupon both parties shall be relieved of all further obligations hereunder, except as otherwise expressly set forth herein. If neither party terminates this Lease, then Landlord shall diligently and with commercially reasonable promptness repair the Premises to the condition existing as of the date of this Lease. Tenant shall be entitled to an equitable abatement of Rent to the extent that the time needed to repair is likely to exceed 180 days Premises are unfit for occupancy. shall ▇▇▇▇▇ as described above from the date of the casualty then this until Landlord's repairs have been substantially completed. If the Lease may be is not terminated at pursuant to the election termination rights granted hereunder, and Landlord's reconstruction or repair of Landlord. Any such election shall be made by the giving Premises is not completed within ninety (90) days after the date of notice by Landlord the fire or other casualty (subject to Tenant within the time required to prepare plans for reconstruction, to obtain building permits, to receive distribution of insurance proceeds, and to complete the likely contract bidding process and all other relevant factors, but not to exceed an additional sixty (60) days), then Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within thirty (30) days following Landlord's receipt of Tenant's notice after the expiration of such fire ninety (90) day period (or casualtyas so extended), whereupon both parties shall be relieved of all further obligations hereunder, except as otherwise expressly set forth herein."

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Thereafter, Landlord shall send Tenant written notice (the “Estimated Time Notice”) of the estimated period of time, as determined by Landlord’s architect, that repair of such damage will substantially interfere with the conduct of ▇▇▇▇▇▇’s business at the Premises. Subject to the provisions of Paragraph 9.2, if the damage to the Premises or the Building shall be damaged to is such an extent that that, in the good faith determination opinion of Landlord's architect▇▇▇▇▇▇▇▇’s architect as set forth in the Estimated Time Notice, there will be substantial interference with the time needed to make restoration as required conduct by Section 9.2 shall exceed 180 days from the date Tenant of casualty, Landlord shall give prompt notice thereof to Tenant. Tenant, its business at any time following such notice but prior to commencement of repair of the Premises and following 10 days written notice to Landlordfor a period exceeding ninety (90) consecutive days, then Tenant may terminate this Lease by sending Landlord written notice thereof within ten (10) days after ▇▇▇▇▇▇ receives the Estimated Time Notice (time being of the essence), which termination shall be effective 30 thirty (30) days after delivery of such notice of termination to Landlord. Such If the Estimated Time Notice states that repair of damage will not interfere with the conduct of Tenant’s business at the Premises for more than ninety (90) consecutive days, but such repair does in fact interfere with the conduct of ▇▇▇▇▇▇’s business at the Premises for a period in excess of ninety (90) days (excluding delays caused by events of force majeure), then Tenant may terminate this Lease by sending Landlord written notice thereof within ten (10) days after the expiration of such ninety (90) day period (time being of the essence), which termination shall not be effective thirty (30) days after delivery of such notice of termination to Landlord. No such termination shall excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of ​ ​ Tenant's ’s business at the Premises. Abatement of rent and Tenant's ▇▇▇▇▇▇’s right of termination pursuant to this provision shall be Tenant's sole remedy ’s only remedies for failure of Landlord to keep in good order, condition and repair the foundations structural supports and exterior walls of the Building, Building roof, utility systems outside the Building, the Common Areas. In the event that the Premises or the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualty, to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualtyAreas and HVAC.

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate written notice of any damage to the Premises. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in there is substantial interference for a period exceeding 270 consecutive days with the good faith determination conduct by Tenant of Landlord's architectits business at the Premises, the time needed to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualty, Landlord shall give prompt notice thereof to Tenant. Tenant, at any time following such notice but prior to commencement of repair of the Premises and following 10 days written notice to Landlord, may terminate this Lease effective 30 days after delivery of such notice to Landlord. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial interference with the conduct of Tenant's ’s business at the Premises. Abatement of rent and Tenant's ’s right of termination pursuant to this provision shall be Tenant's ’s sole remedy for failure of Landlord to keep in good order, condition condition, and repair the foundations structural supports and exterior walls of the Building, Building roof, utility systems outside the Building, the Common Areas, and HVAC. In the event that Tenant does not terminate the Lease pursuant to this Paragraph 9.1, Landlord shall restore the Premises or to the Building, or any material part thereof, shall be destroyed or damaged by fire or other casualtycondition existing prior to the damage as soon as reasonably practicable. Notwithstanding the foregoing, to the extent insurance proceeds actually received by Landlord are insufficient to restore such an extent that damage and such insufficiency is not caused by Landlord’s failure to maintain the time needed insurance required under this Lease, Landlord shall have the right to repair is likely to exceed 180 days from the date of casualty then terminate this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of upon notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of unless Tenant agrees to pay such fire or casualtydeficiency.

Termination Right. To the extent that Landlord is not aware of any damage to the Premises, Tenant shall give Landlord immediate prompt written notice of any damage to the PremisesPremises that it becomes aware of. Subject to the provisions of Paragraph 9.2, if the Premises or the Building shall be damaged to such an extent that in there is substantial interference for a period exceeding one hundred twenty (120) consecutive days with the good faith determination conduct by Tenant of Landlord's architectits business at the Premises, the time needed to make restoration as required by Section 9.2 shall exceed 180 days from the date of casualty, Landlord shall give prompt notice thereof to Tenant. Tenantthen either party, at any time following such notice but prior to commencement of repair of the Premises and following 10 ten (10) days written notice to Landlordthe other party, may terminate this Lease effective 30 thirty (30) days after delivery of such notice to the other party. Further, if any portion of the Premises is damaged and is not fully covered by the aggregate of insurance proceeds received by Landlord and any applicable deductible or if the holder of any indebtedness secured by the Premises requires that the insurance proceeds be applied to such indebtedness, and Tenant does not voluntarily contribute any shortfall thereof to Landlord, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after the date of notice to Tenant of any such event. Such termination shall not excuse the performance by Tenant of those covenants which under the terms hereof survive termination. Rent shall be abated in proportion to the degree of interference during the period that there is such substantial material interference with the conduct of Tenant's ’s business at the Premises. Abatement of rent and Tenant's ’s right of termination pursuant to this provision shall be Tenant's ’s sole remedy for failure of Landlord with respect to keep in good order, condition and repair the foundations structural supports and exterior walls any such damage regardless of the Building, Building roof, utility systems outside the Building, the Common Areas. In the event that the Premises or the Building, or any material part cause thereof, shall be destroyed or damaged by fire or other casualty, to such an extent that the time needed to repair is likely to exceed 180 days from the date of casualty then this Lease may be terminated at the election of Landlord. Any such election shall be made by the giving of notice by Landlord to Tenant within sixty (60) days following Landlord's receipt of Tenant's notice of such fire or casualty.