Common use of Casualty and Taking Clause in Contracts

Casualty and Taking. In case during the Term all or any substantial part of the Premises, Building, or Lot or any one or more of them, are damaged materially by fire or any other cause, or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's election, which may be made, notwithstanding Landlord's entire interest may have been divested, by notice to Tenant within 30 days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 nor more than 60 days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not terminated, Landlord shall use due diligence to put the Premises, or, in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlord, and a just proportion of the Annual Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating Expenses.

Casualty and Taking. In case during the Term all or any substantial part of the Premises, the Building, or Lot or any one or more of them, are damaged materially by fire or any other cause, cause or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's or Tenant's election, which may be made, notwithstanding notwithstanding. Landlord's entire interest may have been divested, by notice given to Tenant Tenant, or Landlord as applicable, within 30 thirty (30) days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 thirty (30) nor more than 60 sixty (60) days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, or, or in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlorddamages, and a just proportion of the Annual Fixed Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; , and in case of a taking or any other aforementioned cause which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating ExpensesCosts.

Casualty and Taking. In case during the Term all or any substantial part of the Premises, BuildingBuilding or Land, or Lot or any one or more of them, are damaged materially by fire or any other cause, casualty or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's election, which may be made, notwithstanding Landlord's entire interest may have been divested, by notice to Tenant within 30 thirty (30) days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 thirty (30) nor more than 60 sixty (60) days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, or, in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the tile net award of insurance or damages available to Landlord, and a just proportion of the Annual Rent and additional rent Additional Rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Rent and additional rent Additional Rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Tenant's Operating ExpensesExpense Base Year Amount.

Casualty and Taking. In case during the Term all or any substantial part of the Premises, Building, the Building or Lot or any one or more of them, them are totally or substantially damaged materially by fire or any other cause, cause or by action of the public or other authority in consequence thereof or are totally or substantially taken by eminent domain or Landlord receives compensable damage any similar taking by reason of anything lawfully done in pursuance of any public or other authority, authority this Lease shall terminate at Landlord's election, or Tenant's election which may be made, notwithstanding Landlord's entire interest may have been divested, made by notice given to Tenant the other within 30 days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination termination, which shall be not less than 30 nor more than 60 days after the date of notice of such termination. For purposes of the preceding sentence, the term "substantially" shall mean, with reference to any event, the Building, Lot and/or Premises cannot be restored to the condition existing prior to such event within 120 days of the date of such event, as reasonably determined by Landlord. Landlord's determination with respect to the matters set forth in the preceding sentence shall be communicated by notice to Tenant within 20 days following the event in question. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, Premises or, in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlord, and a just proportion of the Annual Fixed Rent and additional rent Additional Rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, Premises a just proportion of the Annual Fixed Rent and additional rent Additional Rent shall be abated for the remainder of the Term term and an appropriate adjustment shall be made to the Annual Estimated Operating Expenses.

Casualty and Taking. In case 6.1 DAMAGE BY FIRE OR CASUALTY Landlord shall at all times maintain insurance covering the Building on an all-risk basis with an extended coverage endorsement, in an amount not less than 80% of replacement cost of the Building. If the Premises or any part thereof shall be damaged by fire or other insured casualty, then, subject to the last paragraph of this Section 6.1, Landlord shall proceed with diligence, subject to the then applicable statutes, building codes, zoning ordinances and regulations of any governmental authority, and at the expense of Landlord (but only to the extent of insurance proceeds made available to Landlord by any mortgagee of the Building) to repair or cause to be repaired such damage, provided, however, all repairs to and replacements of property which Tenant is entitled to remove shall be made by and at the expense of Tenant. If the Premises or any part thereof shall have been rendered unfit for use and occupation hereunder or access thereto is denied (without reasonable substitute access having been provided) by reason of such damage, the Annual Basic Rent or a just and proportionate part thereof, according to the nature and extent to which the Premises shall have been so rendered unfit or access is denied, shall be abated until the Premises (except as to the property which is to be repaired by or at the expense of Tenant) shall have been restored as nearly as practicable to the condition in which they were immediately prior to such fire or other casualty. Landlord shall not be liable for delays in the making of any such repairs which are due to government regulation, casualties and strikes, unavailability of labor and materials, and other causes beyond the reasonable control of Landlord, nor shall Landlord be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting from delays in repairing such damage due to any of the foregoing causes. (i) If the Premises are so damaged by fire or other casualty (whether or not insured) at any time during the last thirty months of the Term all that the cost to repair such damage is reasonably estimated to exceed one-third of the total Annual Fixed Rent payable hereunder for the period from the estimated completion date of repair until the end of the Term, (ii) if at any time the Building (whether or not including any substantial part portion of the Premises, Building, or Lot or any one or more of them, are ) is so damaged materially by fire or any other causecasualty (whether or not insured) that, in Landlord's reasonable judgment, demolition or substantial reconstruction is required and the leases for all similarly situated tenants shall be terminated a result thereof, or (iii) if at any time damage to the Building occurs by action of the public fire or other authority insured casualty and any mortgagee or ground lessor shall refuse to permit insurance proceeds to be utilized for the repair or replacement of such property and Landlord determines not to repair such damage, then and in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason any of anything lawfully done in pursuance of public or other authoritysuch events, this Lease shall terminate at Landlord's election, which and the term hereof may be made, notwithstanding Landlord's entire interest may have been divested, terminated at the election of Landlord by a notice from Landlord to Tenant within 30 days after the occurrence of the event giving rise sixty (60) days, or such longer period as is required to the election to terminatecomplete arrangements with any mortgagee or ground lessor regarding such situation, which notice shall specify following such fire or other casualty, the effective termination date of termination which shall be not less than 30 nor more than 60 thirty (30) days after the date day on which such termination notice is received by Tenant. In the event of notice any termination, this Lease and the Term hereof shall expire as of such termination. If effective termination date as though that were the date originally stipulated in any such case the Premises are rendered unfit for use and occupation and the Lease is not terminated, Landlord shall use due diligence to put the Premises, or, in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlord, and a just proportion of the Annual Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Rent and additional rent shall be abated Section 1.1 for the remainder end of the Term and an appropriate adjustment the Annual Fixed Rent shall be made apportioned as of such date. Tenant shall in no event be entitled to compensation or damages on account of annoyance or inconvenience in making any repairs, or on account of construction, or on account of Landlord's election to terminate this Lease. Notwithstanding the Annual Estimated Operating Expensesforegoing, Tenant shall have the right to terminate following a fire or other casualty: (i) if the Premises (or access thereto as the case may be) cannot reasonably be expected to be substantially complete (as defined in Section 2.1.1) for Tenant's use within nine (9) months; or (ii) if the Premises are not substantially completed to its condition before such fire or other casualty within nine (9) months after notice to Landlord of such fire or other casualty. Tenant may exercise such termination right, if at all, by giving written notice to Landlord within thirty (30) days following the accrual of such right, which notice shall specify a termination date not more than sixty (60) days nor less than thirty (30) days after the day on which such termination notice is received, and the termination shall be effective as of such date (provided the Premises are not substantially restored prior thereto). Failure of Tenant to exercise said election within said period shall constitute Tenant's agreement to accept delivery of the Premises under this Lease, provided Landlord thereafter pursues reconstruction or restoration diligently to completion, subject to delays beyond Landlord's reasonable control.

Casualty and Taking. a. In case during the Term all or any substantial part of the Premises, the Building, or Lot or any one (1) or more of them, are damaged materially by fire or any other cause, cause or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's ’s or Tenant’s election, which may be made, notwithstanding Landlord's entire interest may have been divested, made to the other party by giving written notice to Tenant within 30 thirty (30) days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 thirty (30) nor more than 60 sixty (60) days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, oror in case of taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the standard that existed immediately preceding such damage or taking to the extent permitted by the net award of insurance or damages, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking or any other aforementioned cause which permanently reduces the area of the Premises, a just proportion of the Fixed Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating Costs For the Building. b. In the event less than all or a substantial part of the Premises, the Building, or Lot are damaged by fire or any other cause or by action of public or other authority in consequence thereof or are taken by eminent domain, as long as Tenant is able to use the Premises for the Permitted Use, Landlord shall use due diligence to put the Premises, or in case of taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlorddamages, and a just proportion of the Annual Fixed Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking or any other aforementioned cause which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating ExpensesCosts For the Building. c. In the case of any casualty or taking described in subsections (a) and (b) above which results in the requirement of the Landlord to restore the Premises, Landlord with reasonable promptness after such event shall cause a general contractor to provide Landlord and Tenant with a written estimate of the amount of time required, using standard working methods, to substantially repair and restore the Premises and any Common Areas necessary to provide access to the Premises to the condition immediately preceding such event (the “Completion Estimate”). If the casualty or taking effects all or substantial part of the Premises, and the Completion Estimate states that such restoration will not be complete within three hundred (300) days from the date of such casualty or taking, the Tenant may terminate this Lease at its election, by written notice given to Landlord within ten (10) business days of receipt of the Completion Estimate. If the casualty or taking is less than total or less than substantial then Landlord shall use due diligence to complete such restoration within the time-frame set forth in the Completion Estimate, which in any event shall be less than three hundred (300) days after the date of such casualty or taking. In the event that Landlord does not complete such restoration within the time-frame set forth in the Completion Estimate plus any Force Majeure Delays and/or Tenant Delays, as defined in Section 3.4, but shall be made applicable to restoration under this Section, the Tenant may terminate this Lease at its election, by written notice given to Landlord. In the event of any such termination under this subsection, this Lease and the obligations of the parties hereto shall cease as of the date of such termination.

Casualty and Taking. In case (a) If, during the Term, the Building or Premises shall be partially damaged (as distinguished from "substantially damaged," as that term is hereinafter defined) by fire or casualty, Landlord shall proceed promptly to restore the Building or Premises (consistent, however, with governmental laws and codes then in existence) to substantially the condition thereof at the time of such damage, but Landlord shall not be responsible for delay in such restoration which may result from any cause beyond the reasonable control of Landlord. (b) If during the Term all the Building or Premises shall be substantially damaged (as that term is hereinafter defined) by fire or casualty, the risk of which is covered by Landlord's insurance and the holder of any substantial outstanding mortgage which includes the Building as part of the Premisesmortgaged premises (whose actions shall, to the extent Landlord acting reasonably can effect the same, be in good faith) allows the insurance proceeds to be applied to the restoration of the Building, Landlord shall, promptly after such damage and the determination of the net amount of insurance proceeds available to Landlord, expend so much as may be necessary of such net amount to restore (consistent, however, with governmental laws and codes then in existence) the Building and Premises to substantially the condition thereof at the time of such damage, but Landlord shall not be responsible for delay in such restoration which may result from any cause beyond the reasonable control of Landlord. If the Building or the Premises shall be substantially damaged by fire or casualty (a) as the result of a risk not covered by the forms of casualty insurance at the time maintained by Landlord, or (b) such holder of an outstanding mortgage (whose actions shall, to the extent Landlord acting reasonably can effect the same, be in good faith) will not allow the insurance proceeds to be applied to the restoration of the Building, or Lot or (e) the net amount of insurance proceeds available to Landlord are insufficient to cover the cost of restoring the Building in the reasonable estimate of Landlord, then in any one or more such case, Landlord may, but shall have no obligation to, restore (consistent, however, with governmental laws and codes then in existence) the Building and the Premises to substantially the condition thereof at the time of them, are damaged materially by fire or any other cause, or by action of the public or other authority in consequence thereof or are taken by eminent domain such damage or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, may terminate this Lease shall terminate at Landlord's election, which may be made, notwithstanding Landlord's entire interest may have been divested, by giving notice to Tenant within 30 forty-five (45) days after the occurrence of the event giving rise to the election to terminatesuch fire or casualty, which notice shall specify recite the reason among those set forth above for such termination. Landlord shall not exercise such right of termination, however, unless, Landlord terminates all other leases then in effect in the Building, which Landlord has the right to terminate by virtue of such casualty. (c) If Landlord shall notify Tenant that Landlord does not intend to restore the Building and Premises by reason of the unavailability or insufficiency of insurance proceeds, Tenant shall have the right to contribute to Landlord the amount of such insufficiency, and if Tenant shall promptly notify Landlord of Tenant's desire to contribute such insufficiency and provide Landlord with security for Tenant's undertaking in this respect satisfactory to Landlord, Landlord shall promptly commence and thereafter diligently pursue to completion the restoration of the Building and Premises unless otherwise excused by some other provision of this Article VII. (d) If Landlord does not within forty-five (45) days after such fire or casualty, advise Tenant of the status of Landlord's obligations with respect to reconstruction, i.e., whether the net amount of proceeds available to cover the cost of restoration are sufficient for restoration which is expected to be completed within six (6) months; or that Landlord reasonably expects to restore within six (6) months regardless of the sufficiency or availability of proceeds; or that Landlord intends to terminate, Tenant itself shall have the right until Landlord intends to terminate, Tenant itself shall have the right until Landlord shall have notified Tenant of Landlord's intentions, to terminate this Lease, such termination to take effect as of the date of such Tenant's notice. (e) If the Premises shall be substantially damaged by fire or casualty within the last eighteen (18) months of the Term (as the same may theretofore have been, as may thereafter be (by written notice given within ten (10) days of any such notice by Landlord) extended hereunder), either party shall have the right, by giving notice to the other not later than sixty (60) days after such damage, to terminate this Lease, whereupon this Lease shall terminate as of the date of such notice. (f) The term "substantially damaged as used in this Article VII, shall refer to damage of such a character that the same cannot, in ordinary course, reasonably be expected to be repaired within ninety (90) days from the time that repair work would commence. (g) Except as hereinafter provided, if the Premises, or such portion thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, shall be taken by condemnation or right of eminent domain, Tenant shall have the right to terminate this Lease by notice to Landlord of its desire to do so, provided that such notice is given not later than thirty (30) days after the effective date of termination which such taking. If so much of the Building shall be so taken that continued operation of the Building would be uneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not less later than 30 nor more than 60 thirty (30) days after the effective date of notice such taking. (h) Should any part of such termination. If in any such case the Premises are rendered unfit for use be so taken or condemned during, the Tenn, and occupation and should this Lease be not terminated in accordance with the Lease is not terminatedforegoing provisions, Landlord shall agrees to use due diligence to put the Premises, or, in case of a taking, what may remain thereof of the Premises (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to removeconsistent, however, with governmental laws and codes then in existence) and common areas of the Building servicing the Premises into proper condition for use and occupation to as nearly like the extent permitted by the net award of insurance or damages available to Landlord, and a just proportion condition of the Premises prior to such taking as shall be practicable. (i) If the Premises shall be damaged by fire or other casualty, the Annual Fixed Rent and additional rent Additional Rent shall be justly and equitably abated and reduced according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put loss of use thereof suffered by Landlord in such conditionTenant; and in case of a taking which temporarily or permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional rent Additional Rent shall be abated for the remainder applicable portion or remainder, as the case may be, of the Term and an appropriate adjustment Term. In both cases, above, if any space not damaged or taken nevertheless becomes unusable, such fact shall be made taken into account when calculating the rent for the remaining space. (ii) In the event the Premises or Building are damaged by fire or casualty and Landlord either elects or is obligated to restore the same pursuant to any of the foregoing provisions of this Article VII, if Landlord has not substantially completed (as that term is defined in Section 3.1 hereof) such restoration within six months of the date of the occurrence of the fire or casualty that has caused such damage, Tenant may terminate this lease by written notice to Landlord given within ten business days after the end of such six-month period but in all events prior to the Annual Estimated Operating Expensestime of such substantial completion.

Casualty and Taking. In case during the Term all Premises or Building, or any substantial part thereof, shall be taken by any exercise of the Premises, Building, right of eminent domain or Lot shall be destroyed or any one or more of them, are materially damaged materially by fire or any other cause, casualty or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of any public or other authority, or shall suffer any material direct or consequential damage for which Landlord and Tenant, or either of them, shall be entitled to compensation by reason of anything done in pursuance of any public or other authority during this Lease or any extension hereof, then this Lease shall terminate at the election of Landlord's election, which election may be made, made notwithstanding that Landlord's entire interest may have been divested; and if Landlord shall not so elect, by notice then Landlord shall, subject to the availability of insurance proceeds or condemnation award, undertake with reasonable diligence to restore the Premises (or in case of a partial taking what may remain thereof) to a condition similar to that in which the Premises were originally delivered to Tenant within 30 days after for its work prior to the occurrence Term Commencement Date; and if such taking, destruction or damage shall have rendered a portion of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 nor more than 60 days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not terminatedoccupation, Landlord shall use due diligence to put the Premises, or, in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlord, and a just proportion of the Annual Rent and additional rent payable by Tenant hereunder according to the nature and extent of the injury shall be abated until the Premises (or such remainder in the case of a partial taking what may remain thereof) shall have been put restored to such condition for Tenant's Work. Tenant shall thereupon promptly perform such work upon the Premises as shall be necessary to prepare them for its use, in the same manner and subject to the same condition and to Landlord's approvals as if the same were Tenant's original work performed pursuant to Article IV, and shall reopen for business in the Premises as promptly as reasonably possible. Except for any award for personal property or relocation award specifically allocated or payable directly to Tenant, Landlord reserves and excepts all rights to damages to the Premises and Building and the leasehold hereby created, now accrued or hereafter accruing by Landlord reason of anything lawfully done in such conditionpursuance of any public or other authority; and in case by way of a taking confirmation, Tenant grants to Landlord all Tenant's rights to such damages and covenants to execute and deliver such further instruments of assignment thereof as Landlord may from time to time reasonably request. Landlord shall give Tenant notice of its decision to terminate this Lease or restore the Premises within thirty (30) days after any occurrence giving rise to Landlord's right to so terminate or restore. In the event Landlord elects to restore the Premises as aforesaid, Tenant may terminate this Lease if Landlord does not restore the Premises (not requiring restoration of Tenant's leasehold improvements, personal property and fixtures) within ninety (90) days after Landlord's election to restore (plus not exceeding an additional ninety (90) days on account of contractor or subcontractor delay, strike or other cause beyond Landlord's reasonable control) to substantially the same condition as prior to the occurrence entitling termination, which permanently reduces notice of termination by Tenant must be within fifteen (15) days after the area lapse of the Premises, a just proportion of the Annual Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating Expensesherein above designated restoration period.

Casualty and Taking. In case during the Term all or any substantial part of the Premises, the Building, or Lot or any one or more of them, them (i.e. requiring greater than ten months to rebuild in Landlord's judgment) are damaged materially by fire or any other cause, cause or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at LandlordLandlor or Tenant's election, which may be made, notwithstanding Landlord's entire interest may have been divested, by notice given to Tenant each other within 30 days after (i) the occurrence of the event giving rise to the election to terminateterminate and (ii) notice from Landlord to Tenant of Landlord's estimate of the approximate construction period to repair the casualty, which notice will be given to Tenant within 60 days after the occurrence, which notice shall specify the effective date of termination which shall be not no less than 30 nor more than 60 days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, or, or in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlorddamages, and a just proportion of the Annual Fixed Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating Expenses.

Casualty and Taking. In case during the Term any substantial part of the Premises, or all or any substantial part of the Premises, Building, or Lot or any one or more of them, are are, in the reasonable judgment of Landlord’s architect, damaged materially by fire or any other cause, or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's ’s election, which may be made, notwithstanding Landlord's ’s entire interest may have been divested, by notice given to Tenant within 30 thirty (30) days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 thirty (30) nor more than 60 sixty (60) days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, or, or in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper substantially the condition for use and occupation immediately prior to the extent permitted by casualty, subject to applicable law and Landlord’s right to terminate this Lease (as above provided) if the net award of insurance or damages available to Landlordare adequate, and a just proportion of the Annual Fixed Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating ExpensesCosts.

Casualty and Taking. In case during the Term all or any substantial part of the Premises, Building, or Lot or any one or more of them, are damaged materially by fire or any other cause, cause or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's election, which may be made, notwithstanding Landlord's entire interest may have been divested, by notice to Tenant within 30 days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 nor more than 60 days after the date of notice of such termination. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, or, in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper condition for use and occupation to the extent permitted by the net award of insurance or damages available to Landlord, and a just proportion of the Annual Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating Expenses. Notwithstanding the foregoing, if such damage (a) cannot, in Landlord's reasonable opinion asserted in a notice delivered within 30 days of such casualty ("Landlord's Notice"), be fully repaired within six months after Landlord's Notice, or (b) is not in fact repaired within six months after Landlord's Notice (plus up to an additional 30 days required by reason of causes beyond Landlord's control), Tenant shall have the right, by written notice to Landlord given within 30 days after Landlord's Notice, or, as the case may be, within 30 days after the expiration of said six-month construction period (as so extended) if the repairs are not then completed to terminate this Lease, effective as of the date of such casualty as if that date were the date set forth in this Lease for the expiration of the Term; provided, however, that Tenant's failure to provided Landlord with such notice within said 30-day period shall waive Tenant's right to terminate under this Section 7.1; and provided, further, that Tenant shall have no right to terminate if the casualty which damaged the Premises or Building was caused solely by the negligence of Tenant, its agents, employees, invitees, licensees, subtenants or assignees or any combination of such parties.

Casualty and Taking. In case during the Term any substantial part of the Premises, or all or any substantial part of the Premises, Building, or Lot or any one or more of them, are are, in the reasonable judgment of Landlord’s architect, damaged materially by fire or any other cause, or by action of the public or other authority in consequence thereof or are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authoritydomain, this Lease shall terminate at Landlord's ’s election, which may be made, notwithstanding Landlord's ’s entire interest may have been divested, by notice given to Tenant within 30 thirty (30) days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 thirty (30) nor more than 60 sixty (60) days after the date of notice of such termination. Such termination right may not be exercised if the Premises are not damaged by such casualty or taking unless the leases of all other tenant’s of the Building are also terminated. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the PremisesPremises and/or the Building, oras applicable, or in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper substantially the condition for use and occupation immediately prior to the extent permitted by casualty, subject to applicable law, if the net award of insurance or damages available are adequate (but such limitation shall not apply if the Landlord failed to Landlord, and a maintain the insurance required hereunder). A just proportion of the Annual Fixed Rent and additional rent according to the nature and extent of the injury from and after the date of such casualty or taking shall be abated until the Premises Premises, all systems and access thereto, or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Base Operating ExpensesCosts.

Casualty and Taking. In case during the Term all or any substantial part of the Premises, BuildingBuilding or the Charxxx Xxxare Site, or Lot or any one or more of them, are (i) damaged materially by fire or any other cause, cause or by action of the public or other authority in consequence thereof or are (ii) taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authorityauthority and as a consequence all or any substantial part of the Premises, Building or Charxxx Xxxare Site are damaged materially, this Lease shall terminate at Landlord's election, which may be made, notwithstanding Landlord's entire interest may have been divested, by notice to Tenant within 30 days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 nor more than 60 days after the date of notice of such terminationtermination and a just proportion of the Annual Base Rent and additional rent according to the nature and extent of the injury and the effect on Tenaxx'x xse and enjoyment of the Premises shall be abated from and after the occurrence of the event giving rise to the election to terminate. If in any such case the Premises Premises, Building or the Charxxx Xxxare Site, are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the Premises, Building or the Charxxx Xxxare Site, or, in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper substantially the same condition for use and occupation that existed before such fire, casualty or taking to the extent permitted by the net award of insurance or damages available to Landlord, and a just proportion of the Annual Base Rent and additional rent according to the nature and extent of the injury shall be abated until the Premises Premises, Building or the Charxxx Xxxare Site, or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, Building or Lot, a just proportion of the Annual Base Rent and additional rent shall be abated according to the nature and extent of the injury and the effect on Tenaxx'x xse and enjoyment of the Premises for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Operating Expenses. If in any such case the Lease is not so terminated and the Premises, Building or the Charxxx Xxxare Site (or in the case of a taking, at least 90 percent thereof) have not been put into proper condition for use and occupation within one year after the damage or taking occurs, or, in the reasonable judgment of Landxxxx'x xrchitect expressed within 60 days of such fire, casualty or taking, are not capable of being put into such condition within one year, this Lease shall terminate at Tenant's election, which may be made by notice to Landlord within ten (10) days after expiration of such year or within ten (10) days after notice that the damage cannot reasonably be repaired within one year, as the case may be, and shall be effective on the date such notice is given and all of Tenant's obligations hereunder shall then cease except to pay rent accrued prior to the termination, as such rent shall have been reduced pursuant to this Section on account of the damage or taking.

Casualty and Taking. In case during the Term any substantial part of the Premises, or all or any substantial part of the Premises, Building, or Lot or any one or more of them, are are, in the reasonable judgment of Landlord’s architect, damaged materially by fire or any other cause, or by action of the public or other authority in consequence thereof or are taken by eminent domain domain, and this Lease is not otherwise terminated pursuant to Sections 7.3(c) or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority(d) below, then this Lease shall terminate at Landlord's either party’s election, which may be made, notwithstanding Landlord's ’s entire interest may have been divested, by notice given to Tenant the other party within 30 thirty (30) days after the occurrence of the event giving rise to the election to terminate, which notice shall specify the effective date of termination which shall be not less than 30 thirty (30) nor more than 60 sixty (60) days after the date of notice of such termination. Such termination right may not be exercised by Landlord if the Premises are not damaged by such casualty or taking unless the leases of all other tenant’s of the Building are also terminated. If in any such case the Premises are rendered unfit for use and occupation and the Lease is not so terminated, Landlord shall use due diligence to put the PremisesPremises and/or the Building, oras applicable, or in case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove) into proper substantially the condition for use and occupation immediately prior to the extent permitted by casualty, subject to applicable law, if the net award of insurance or damages available are adequate (but such limitation shall not apply if the Landlord failed to Landlord, and a maintain the insurance required hereunder). A just proportion of the Annual Fixed Rent and additional rent according to the nature and extent of the injury from and after the date of such casualty or taking shall be abated until the Premises Premises, all systems and access thereto, or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional rent shall be abated for the remainder of the Term and an appropriate adjustment shall be made to the Annual Estimated Landlord’s Operating ExpensesCosts.