Common use of Building Substantially Damaged Clause in Contracts

Building Substantially Damaged. Notwithstanding Section 11.2, if the Building is damaged or destroyed by casualty (regardless whether the Premises is affected) and either (a) fewer than 9 months remain in the Term (excluding any unexercised Extension Terms), or (b) the damage reduces the value of the improvements on the Property by more than 50% (as determined by Landlord in its sole but reasonable discretion), then, regardless of whether Landlord determines in its reasonable discretion that it can make the Building tenantable within 180 days after the date of the casualty, Landlord, at Landlord’s option, by notifying Tenant within 20 Business Days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.

Appears in 4 contracts

Samples: Lease Agreement (Datalink Corp), Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

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Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.211.1, if the Building is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 months remain in the Term (excluding any unexercised Extension Terms), or (b) the damage reduces the value of the improvements on the Property by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, regardless of whether Landlord determines (in its Landlord’s reasonable discretion discretion) that it can make the Building tenantable within 180 days after the date of the casualty, then Landlord, at Landlord’s option, by notifying Tenant within 20 Business Days 60 days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Pacifica Bancorp Inc)

Building Substantially Damaged. Notwithstanding Section 11.2, if the Building is damaged or destroyed by casualty (regardless whether the Premises is affected) and either (a) fewer than 9 months remain in the Term (excluding any unexercised Extension Terms)after the Casualty Date, or (b) the damage reduces the value of the improvements on the Property by more than 50% (as determined by Landlord in its sole but reasonable discretion), then, regardless of whether Landlord determines in its reasonable discretion that it can make the Building tenantable within 180 days after the date of the casualtyCasualty Date, Landlord, at Landlord’s 's option, by notifying Tenant within 20 Business Days after the casualtyCasualty Date, may terminate this Lease effective on the date of Landlord’s 's notice.

Appears in 2 contracts

Samples: Lease Agreement (Aspirity Holdings LLC), Consent of Landlord to Sublease (Aspirity Holdings LLC)

Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.211.1, if the Building is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 15 months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on the Property by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, regardless of whether Landlord determines (in its Landlord's reasonable discretion discretion) that it can make the Building tenantable within 180 days after the date of the casualty, Landlord, at Landlord’s 's option, by notifying Tenant within 20 Business Days 30 days after the casualty, may terminate this tiffs Lease effective on the date of Landlord’s notice's notice (subject to Tenant's abatement rights described in this Article 11).

Appears in 1 contract

Samples: Office Lease Agreement (Airspan Networks Inc)

Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.212.1, if the Building is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 15 months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on the Property Building by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casually), then, regardless of whether Landlord determines (in its Landlord’s reasonable discretion discretion) that it can make the Building tenantable within 180 days after the date of the casualty, Landlord, at Landlord’s option, by notifying Tenant in writing within 20 Business Days 30 days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.

Appears in 1 contract

Samples: Lease Agreement (Everside Health Group, Inc.)

Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.211.1, if the Building or Shopping Center is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 15 months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on Building or the Property Shopping Center by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, regardless of whether Landlord determines (in its Landlord's reasonable discretion discretion) that it can make the Building or the Shopping Center tenantable within 180 270 days after the date of the casualty, Landlord, at Landlord’s 's option, by notifying Tenant within 20 Business Days 30 days after the casualty, may terminate this Lease effective on the date of Landlord’s 's notice.

Appears in 1 contract

Samples: Sublease Agreement (Pluralsight, Inc.)

Building Substantially Damaged. Notwithstanding Section 11.2, if If the Building is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer less than 9 15 months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on the Property by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, then regardless of whether Landlord determines (in its Landlord’s reasonable discretion discretion) that it Landlord can make the Building tenantable within 180 270 days after the date of the casualty, LandlordLandlord may, at Landlord’s option, by notifying Tenant within 20 Business Days 60 days after the casualty, may terminate this Lease effective on the date 60 days after the date of Landlord’s termination notice.

Appears in 1 contract

Samples: Office Lease Agreement (Shopping Com LTD)

Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.212.1, if the Building is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 15 months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on the Property by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, regardless of whether Landlord determines (in its Landlord’s reasonable discretion discretion) that it can make the Building tenantable within 180 270 days after the date of the casualty, Landlord, at Landlord’s option, by notifying Tenant within 20 Business Days 30 days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.

Appears in 1 contract

Samples: Lease Agreement (Digital River Inc /De)

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Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.211.1, if the Building is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 fifteen (15) months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on the Property by more than fifty percent (50% %) (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, regardless of whether Landlord determines (in its Landlord’s reasonable discretion discretion) that it can make the Building tenantable within 180 150 days after the date of the casualty, Landlord, at Landlord’s option, by notifying Tenant within 20 Business Days thirty (30) days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.211.1, if the Building is substantially damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 fifteen (15) months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on the Property by more than fifty percent (50% %) (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, regardless of whether Landlord determines (in its Landlord’s reasonable discretion discretion) that it can make the Building tenantable within 180 270 days after the date of the casualty, Landlord, at Landlord’s option, by notifying Tenant within 20 Business Days thirty (30) days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.

Appears in 1 contract

Samples: Office Lease Agreement

Building Substantially Damaged. Notwithstanding the terms and conditions of Section 11.211.1, if the Building or Shopping Center is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer than 9 15 months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on Building or the Property Shopping Center by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, regardless of whether Landlord determines (in its Landlord’s reasonable discretion discretion) that it can make the Building or the Shopping Center tenantable within 180 270 days after the date of the casualty, Landlord, at Landlord’s option, by notifying Tenant within 20 Business Days 30 days after the casualty, may terminate this Lease effective on the date of Landlord’s notice.

Appears in 1 contract

Samples: Multi Tenant Office Lease Agreement (Pluralsight, Inc.)

Building Substantially Damaged. Notwithstanding Section 11.2, if If the Building is damaged or destroyed by fire or other casualty (regardless whether the Premises is affected) and either (a) fewer less than 9 15 months remain in the Term (excluding any unexercised Extension Terms)Term, or (b) the damage reduces the value of the improvements on the Property by more than 50% (as determined by Landlord in its sole but reasonable discretionreasonably determines value before and after the casualty), then, then regardless of whether Landlord determines (in its Landlord's reasonable discretion discretion) that it Landlord can make the Building tenantable within 180 days after the date of the casualty, LandlordLandlord may, at Landlord’s 's option, by notifying Tenant within 20 Business Days 30 days after the casualty, may terminate this Lease effective on the date 30 days after the date of Landlord’s 's termination notice.

Appears in 1 contract

Samples: Office Lease Agreement (Saleslogix Corp)

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