Common use of ADDITIONAL CASUALTY PROVISIONS Clause in Contracts

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s business machinery, equipment, furniture, personal property or other installations not originally installed by Landlord. (b) In the event of any termination of this Lease pursuant to this Article 7, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date. Tenant shall have access to the Premises at Tenant’s sole risk for a period of sixty (60) days after the date of termination in order to remove Tenant’s personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7, if all or any substantial part of the Premises and/or the Building or Lot or any part thereof (as hereinabove defined), shall be damaged by fire or other casualty or taken by eminent domain during the last twelve (12) months of the Term, as the Lease may have theretofore been extended, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, notwithstanding anything to the contrary contained in this Article 7, Tenant may render any notice of Landlord’s termination null and void by exercising early an option to extend the initial Term or then Extended Term of this Lease in accordance with Exhibit “F”. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Rent for the applicable Extended Term at least twelve (12) months prior to the commencement date of the Extended Term in accordance with and in the manner set forth in said Exhibits “F” and “H”. (d) Notwithstanding anything to the contrary contained in this Lease if the Premises are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to its terms, then within sixty (60) days after the casualty or notice of taking, Landlord shall furnish Tenant with a written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (x) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine (9) months after the damage or destruction; or (y) if the Premises are damaged by any peril within ten (10) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s notice.

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s 's business machinery, equipment, cabinet work, furniture, personal property or other installations not originally installed by Landlord, but shall be required to repair or replace the Tenant's Work. (b) In the event of any termination of this Lease pursuant to this Article 7VII, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date, and Landlord shall assist Tenant to the extent necessary to secure Tenant's share of any insurance award relative to the Tenant's Work hereunder. Tenant shall have access to the Premises at Tenant’s 's sole risk for a period of sixty thirty (6030) days after the date of termination in order to remove Tenant’s 's personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7VII, if all or any substantial part of the Premises and/or the Building or Lot Parking Areas or any part thereof (as hereinabove defined), shall be damaged by fire or other casualty or taken by eminent domain during the last twelve two (122) months years of the TermTerm of this Lease or the last two (2) years of either of the Extended Terms, as the Lease case may have theretofore been extendedbe, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, notwithstanding anything to the contrary contained in this Article 7, except that Tenant may render any Landlord's notice of Landlord’s termination null and void nugatory by exercising early an its option to extend the initial Term or then First Extended Term Term, as the case may be, of this Lease for five (5) additional years in accordance with Exhibit “F”. F. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Rent for the applicable Extended Term at least twelve (12) months prior to the commencement date of the applicable Extended Term in accordance with and in the manner set forth in said Exhibits “F” and “H”. (d) Notwithstanding anything to the contrary contained in this Lease if the Premises are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to its terms, then within sixty (60) days after the casualty or notice of taking, Landlord shall furnish Tenant with a written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (x) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine (9) months after the damage or destruction; or (y) if the Premises are damaged by any peril within ten (10) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s notice.Exhibit F.

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s business machinery, equipment, furniture, personal property or other installations not originally installed by Landlord. (b) In the event of any termination of this Lease pursuant to this Article 7, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date. ; Tenant shall have access to the Premises at Tenant’s sole risk for a period of sixty (60) days after the date of termination in order to remove Tenant’s personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7, if all or any substantial part of the Premises and/or the Building or Lot or any part thereof (as hereinabove defined), shall be damaged by fire or other casualty or taken by eminent domain during the last twelve (12) months of the Term, as the Lease may have theretofore been extended, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, notwithstanding anything to the contrary contained in this Article 7, Tenant may render any notice of Landlord’s termination null and void by exercising early an option to extend the initial Term or then Extended Term of this Lease in accordance with Exhibit “F”. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Rent for the applicable Extended Term at least twelve (12) months prior to the commencement date of the Extended Term in accordance with and in the manner set forth in said Exhibits “F” and “H”. (d) Notwithstanding anything to the contrary contained in this Lease if the Premises are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to its terms, then within sixty (60) days after the casualty or notice of taking, Landlord shall furnish Tenant with a written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (x) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine twelve (912) months after the damage or destruction; or (y) if the Premises are damaged by any peril within ten (10) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. , Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s notice.

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s business machinery, equipment, cabinet work, furniture, personal property or other installations not originally installed by Landlord. (b) In the event of any termination of this Lease pursuant to this Article 7VU, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date. Tenant shall have access to the Premises at Tenant’s sole risk for a period of sixty thirty (6030) days after the date of termination in order to remove Tenant’s personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7VU, if all or any substantial part of the Premises Premises, Building and/or the Building or Lot Parking Area or any part thereof (as hereinabove defined), shall be damaged by fire or other casualty or taken by eminent domain during the last twelve (12) months year of the Term of this Lease or the last year of the Extended Term, as or prior to the Lease may have theretofore been extendedTerm Commencement Date for Phase 1 hereunder, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, notwithstanding anything to the contrary contained in this Article 7, except that Tenant may render any Landlord’s notice of Landlord’s termination null and void by exercising early an its option to extend the initial Term or then Extended Term of this Lease for five (5) additional years in accordance with Exhibit “F”F or the applicable Extended Term, as the case may be, as applicable. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Rent for the applicable Extended Term at least twelve nine (129) months prior to the commencement date of the Extended Term in accordance with and in the manner set forth in said Exhibits “F” and “H”. (d) Notwithstanding anything to the contrary contained in this Lease if the Premises are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to its terms, then within sixty (60) days after the casualty or notice of taking, Landlord shall furnish Tenant with a written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (x) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine (9) months after the damage or destruction; or (y) if the Premises are damaged by any peril within ten (10) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s notice.Exhibit F.

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s business machinery, equipment, cabinet work, furniture, personal property or other installations not originally installed by Landlord. (b) In the event of any termination of this Lease pursuant to this Article 7VII, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date, and Landlord shall assist Tenant to the extent necessary to secure Tenant’s share of any insurance award relative to the Tenant’s Work hereunder. Tenant shall have access to the Premises at Tenant’s sole risk for a period of sixty thirty (6030) days after the date of termination in order to remove Tenant’s personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7VII, if all or any substantial part of the Premises and/or the Building or Lot Parking Areas or any part thereof (as hereinabove defined), shall be damaged by fire or other casualty or taken by eminent domain during the last twelve two (122) months years of the Terminitial Term of this Lease or the last two (2) years of either of the Extended Terms, as the Lease case may have theretofore been extendedbe, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, notwithstanding anything except that Landlord may not terminate this Lease pursuant to the contrary contained in this Article 7, paragraph if Tenant may render any notice of Landlord’s termination null and void by exercising early an has elected to exercise its option to extend the initial Term Term, or then the Extended Term Term, prior to the receipt of Landlord’s notice of termination, or the applicable Extended Term, as the case may be, of this Lease for five (5) additional years in accordance with Exhibit “F”. F. Further, Tenant may elect to render Landlord’s notice of termination null and void by, within thirty (30) days following receipt of Landlord’s termination notice, giving to Landlord notice in writing exercising its option to extend the initial Term, or the applicable Extended Term, as the case may be, of this Lease for five (5) additional years in accordance with Exhibit F. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Base Rent for the applicable Extended Term at least twelve (12) months prior to the commencement date of the Extended Term in accordance with the time periods and in the manner set forth in said Exhibits “F” and “H”.Exhibit P. (d) Notwithstanding anything The provisions of this Article VII shall apply both on a per Phase basis and collectively to the contrary contained in this Lease if the Premises are damaged by any peril and Landlord does not elect all Phases such that Tenant’s right to terminate this Lease or is not entitled with respect to terminate this Lease pursuant any particular Phase of the Premises shall become effective if the foregoing conditions are satisfied with respect to its termsany particular Phase of the Premises in question, then within sixty (60) days after the casualty or notice of taking, Landlord shall furnish Tenant with a written opinion of Landlordand Tenant’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option right to terminate this Lease in its entirety shall become effective if the event any foregoing conditions are satisfied with respect to all of the following occurs, which option may be exercised then Premises (taken as a whole) leased by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (x) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine (9) months after the damage or destruction; or (y) if the Premises are damaged by any peril within ten (10) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s noticeLease.

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s business machinery, equipment, furniture, personal property or other installations not originally installed by LandlordLandlord (collectively, “Tenant’s Property”). (b) In the event of any termination of this Lease pursuant to this Article 7, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date. Tenant shall have access to the Premises at Tenant’s sole risk for a period of sixty thirty (6030) days after the date of termination in order to remove Tenant’s personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7, if all or any substantial or material part of the Premises and/or the Building or Lot or any part thereof (as hereinabove defined), shall be damaged by fire or other casualty or taken by eminent domain during the last twelve (12) months of the Term, Term of this Lease as the Lease may have theretofore been extended, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, Also notwithstanding anything to the contrary contained in this Article 7, Tenant may render any notice of Landlord’s termination null and void by exercising early an option to extend the initial Term or then Extended Term of this Lease for five (5) additional years in accordance with Exhibit “F”. F. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Rent for the applicable Extended Term at least twelve (12) months prior to the commencement date of the Extended Term in accordance with and in the manner set forth in said Exhibits “F” F and “H”.H. (d) Notwithstanding anything to the contrary contained in this Lease: (i) Landlord shall not have the right to terminate this Lease if damage to or destruction of the Premises or the Building, or both, results from a casualty ordinarily covered by insurance required to be carried by Landlord under this Lease; or (ii) in the event of damage to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried or required to be carried, Landlord shall not have the right to terminate this Lease (a) if the damage is minor (i.e. taking less than 60 days to repair) or it would cost less than ten percent (10%) of the replacement cost of the Premises, or (b) if Tenant agrees to pay the cost of repair not covered by insurance; or (iii) if the Premises are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to its terms, then within sixty (60) days after the casualty or notice of takingas soon as reasonably practicable, Landlord shall furnish Tenant with a written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (xy) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine (9) months after the damage or destruction; or (yz) if the Premises are damaged by any peril within ten twelve (1012) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s notice.

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s 's business machinery, equipment, cabinet work, furniture, personal property or other installations not originally installed by Landlord. (b) In the event of any termination of this Lease pursuant to this Article 7VII, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date. Tenant shall have access to the Premises at Tenant’s 's sole risk for a period of sixty thirty (6030) days after the date of termination in order to remove Tenant’s 's personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7VII, if all or any substantial part of the Premises and/or the Building or Lot Parking Area or any part thereof (as hereinabove defined), shall be substantially damaged by fire or other casualty or taken by eminent domain during the last twelve two (122) months years of the Term of this Lease or the last two (2) years of the Extended Term, as the Lease may have theretofore been extended, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, notwithstanding anything to the contrary contained in this Article 7, except that Tenant may render any Landlord’s notice of Landlord’s termination null and void by exercising early an its option to extend the initial Term or then Extended Term of this Lease for five (5) additional years in accordance with Exhibit “F”. F. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Rent for the applicable Extended Term at least twelve (12) months prior to the commencement date of the Extended Term in accordance with and in the manner set forth in said Exhibits “F” and “H”. (d) Notwithstanding anything to the contrary contained in this Lease if the Premises are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to its terms, then within sixty (60) days after the casualty or notice of taking, Landlord shall furnish Tenant with a written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (x) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine (9) months after the damage or destruction; or (y) if the Premises are damaged by any peril within ten (10) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s notice.Exhibit F.

ADDITIONAL CASUALTY PROVISIONS. (a) Landlord shall not be required to repair or replace any of Tenant’s business machinery, equipment, furniture, personal property or other installations not originally installed by Landlord. (b) In the event of any termination of this Lease pursuant to this Article 7, the Term of this Lease shall expire as of the effective termination date as fully and completely as if such date were the date herein originally scheduled as the Term Expiration Date. Tenant shall have access to the Premises at Tenant’s sole risk for a period of sixty (60) days after the date of termination in order to remove Tenant’s personal property except as prohibited by any applicable governmental agency or official. (c) Notwithstanding any language to the contrary contained in this Article 7, if all or any substantial part of the Premises and/or the Building or Lot or any part thereof (as hereinabove defined), shall be damaged by fire or other casualty or taken by eminent domain during the last twelve (12) months of the Term, as the Lease may have theretofore been extended, then either Landlord or Tenant may terminate this Lease effective as of the date of such fire or other casualty or taking upon notice to the other as aforesaid. Also, notwithstanding anything to the contrary contained in this Article 7, Tenant may render any notice of Landlord’s termination null and void by exercising early an option to extend the initial Term or then Extended Term of this Lease in accordance with Exhibit “F”. In the event of such early exercise, Landlord and Tenant agree to determine the Fixed Rent for the applicable Extended Term at least twelve (12) months prior to the commencement date of the Extended Term in accordance with and in the manner set forth in said Exhibits “F” and “HH.”. (d) Notwithstanding anything to the contrary contained in this Lease Lease, if the Premises are damaged by any peril and Landlord does not elect to terminate this Lease or is not entitled to terminate this Lease pursuant to its terms, then within sixty (60) days after the casualty or notice of takingas soon as reasonably practicable, Landlord shall furnish Tenant with a written opinion of Landlord’s architect or construction consultant as to when the restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (x) the Premises, with reasonable diligence, cannot be fully repaired by Landlord within nine (9) months after the damage or destruction; or (y) if the Premises are damaged by any peril within ten (10) months of the last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. During any period of construction hereunder. , Landlord agrees to use reasonable efforts to relocate Tenant to one of its other properties, if available and at no cost to Landlord. In addition, if Tenant does not terminate under this subsection (d) within thirty (30) days of receipt of Landlord’s notice, and Landlord does not complete the repair within the time period stated in Landlord’s notice, Tenant shall again have the right to terminate this Lease by written notice given within thirty (30) days of the expiration of the repair period stated in Landlord’s notice.