Common use of Total Damage Clause in Contracts

Total Damage. If, after the date of substantial completion of Landlord's Work, the Premises or the Building shall be so damaged by fire or other casualty so as to render the Premises wholly unuseable by Tenant (in Landlord's reasonable discretion) and if such damage shall be so great that a competent architect, in good standing, selected by Landlord shall certify in writing to Landlord and Tenant within * days of said casualty that the Premises, with the exercise of reasonable diligence, cannot be repaired to the extent the Premises are useable by Tenant for general office use and the repairs to the Building, to the extent of Landlord's Work, have been substantially completed within * days from the date of the casualty (subject to delays beyond Landlord's reasonable control), then this Lease shall cease and terminate from the date of occurrence of such damage and Tenant shall, within * days after notice thereof, surrender to Landlord the Premises and all interest therein under this Lease or otherwise and Landlord may reenter and take possession of the Premises and remove Tenant therefrom. Tenant shall pay Rent, duly apportioned, up to the time of such termination of this Lease so long as Tenant surrendered the Premises to Landlord within said * days; failing which Tenant shall pay Rent from the expiration of said * day period until the date of Tenant's vacation and surrender of the Premises. If, however, the damage shall be such that said architect shall certify within said * day period that the Premises can be made tenantable within said * day period (subject to delays beyond Landlord's reasonable control), then, except as hereinafter provided, Landlord shall repair the damage so done with all reasonable speed (to the extent of the Landlord's Work set forth in Exhibit C hereof).

Total Damage. If, after the date of substantial completion of Landlord's Work, If the Premises or the Building shall be so damaged by fire or other casualty so as to render the Premises wholly unuseable by Tenant (in Landlord's reasonable discretion) untenantable and if such damage shall be so great that a competent architect, in good standing, selected by Landlord shall certify in writing to Landlord and Tenant within * ninety (90) days of said casualty that the Premises, with the exercise of reasonable diligence, cannot be repaired to the extent the Premises are useable by Tenant made fit for general office use and the repairs to the Building, to the extent of Landlord's Work, have been substantially completed occupancy within * one hundred eighty (180) working days from the date of the casualty (subject to delays beyond Landlord's reasonable control)happening thereof, then Landlord may within thirty (30) days after its receipt of such architect’s certification, elect by written notice to Tenant to terminate the Lease, in which event this Lease shall cease and terminate from the date which is the thirtieth (30th) day after the date of occurrence of such damage Landlord’s termination notice, and Tenant shall, within * days after notice thereof, shall thereupon surrender to Landlord the Premises and all interest therein under this Lease or otherwise hereunder and Landlord may reenter and take possession of the Premises and remove Tenant therefrom. Tenant shall pay Rent, duly apportioned, up to the time of such termination of this Lease so long as Tenant surrendered the Premises to Landlord within said * days; failing which Tenant shall pay Rent from the expiration of said * day period until the date of Tenant's vacation and surrender of the Premisesfire or other casualty. If, however, the damage shall be such that said architect shall certify within said * ninety (90) day period that the Premises can be made tenantable within said * one hundred eighty (180) day period or such repairs will exceed such one hundred eighty (subject 180) day period but Landlord does not timely elect to delays beyond Landlord's reasonable control)terminate the Lease, then, except as hereinafter provided, Landlord shall repair the damage so done Premises to its prior condition, excluding any alterations, improvements, fixtures and personal property constructed or owned by Tenant, with all reasonable speed (to the extent of the Landlord's Work set forth in Exhibit C hereof)speed.