Common use of CASUALTY AND UNTENANTABILITY Clause in Contracts

CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within forty-five (45) days after the damage, terminate this Lease. Such termination shall become effective as of the date of such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject to force majeure, within 150 days thereafter to restore the damaged common areas, thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 150 day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event that, prior to the end of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been given. In the event of termination of this Lease pursuant to this paragraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to the extent that the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premises. If the Leased Premises are untenantable and this Lease is not terminated by Landlord, Rent shall abate on a per diem basis from the datx xx the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate or be diminished during the term xx xhis Lease.

CASUALTY AND UNTENANTABILITY. If as a result of fire or other casualty, the Building is made substantially untenantable untenantable, or if Tenant's use and occupancy of the Leased Premises are substantially substan­tially interfered with due to damage to the common areas of the Building Building, or if the Leased Premises are made wholly or partially untenantable by fire or other casualtyuntenantable, then Landlord may, by notice to Tenant within forty-five (45) days after the damage, terminate this Lease. In addition, if such a casualty occurs during the last twelve (12) months of the term of this Lease, either party may, by notice to the other party within thirty (30) days after the damage, terminate this Lease. Such termination shall become effective as of the date of such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided aboveabove following a fire or other casualty, then Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject fails within two hundred ten (210) days from the date of such casualty to force majeure, within 150 days thereafter to restore the damaged common areas, thereby eliminating eliminate substantial interference with Tenant's use and occupancy of the Leased PremisesPremises caused by damage to the common areas, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by TenantPremises, Tenant may terminate this Lease as of the end of such 150 210-day period. Notwithstanding anything to the contrary contained herein, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event parties hereto acknowledge and agree that, prior to the end extent any Superior Instrument (as defined in Section 13.4 below) conflicts with the terms of this Article 8, the terms of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice Superior Instrument shall be deemed rescindedcontrol with respect to the disburse­ment and application of insurance proceeds, and this Lease shall continue that Landlord will comply with all requirements of the holder of any such Superior Instrument to deposit such insurance proceeds in full force escrow pending the application and effect as though disbursement of such notice had not been giveninsurance proceeds. In the event of termination of this Lease pursuant to this paragraphsection, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to unless the extent that the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If the Leased Premises are untenantable and this Lease is not terminated by Landlordterminated, Rent shall abate xxxxx on a per diem basis from the datx xx date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are is untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an a grossly negligent or willful act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate xxxxx or be diminished during the term xx xhis of this Lease.

CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within forty-five (45) 45 days after the damage, terminate this Lease. Such termination shall become effective as of the date of such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject to force majeure, falls within 150 120 days thereafter from the date of such casualty to restore the damaged common areas, areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 150 120 day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event that, prior to the end of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been given. In the event of termination of this Lease pursuant to this paragraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to the extent that unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If the Leased Premises are untenantable and this Lease is not terminated by Landlordterminated, Rent shall abate xxxxx on a per diem basis from the datx xx date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate xxxxx or be diminished during the term xx xhis of this Lease.

CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, (i) Landlord may, by notice to Tenant within forty-five sixty (4560) days after the damage, terminate this Lease, or (ii) Tenant may, by notice to Landlord within sixty (60) days after the damage, terminate this Lease, provided, however, that Landlord shall be provided a reasonable opportunity within such sixty-day period to restore the Leased Premises to the conditions specified in Schedule 1 and Tenant's working drawings. Such termination shall become effective as of the date of such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore within 150 days of the date of such casualty the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Schedule 1 and Tenant's working drawings. If the Landlord does not terminate this Lease within such forty-five (45) day period, is not terminated as provided above, and Landlord fails, subject to force majeure, fails within 150 days thereafter from the date of such casualty to restore the damaged common areas, areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including any personal property or alterations performed by Schedule 1 and Tenant's working drawings, Tenant may terminate this Lease as of the end of such 150 150-day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In such termination being effective as of the event that, prior to the end date of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been givencasualty. In the event of termination of this Lease pursuant to this paragraphARTICLE EIGHT, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to the extent that unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If the Leased Premises are untenantable and this Lease is not terminated by Landlordterminated, Rent and Tenant's other obligations hereunder shall abate on abatx xx a per diem basis from the datx xx date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent and Tenant's other obligations hereunder shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate or be diminished during the term xx xhis Lease.

CASUALTY AND UNTENANTABILITY. If the either Building I or Building II is made substantially untenantable untenable or if Tenant's ’s use and occupancy of either the Leased Original Premises or the Expansion Premises are substantially interfered with due to damage to the common areas of the either Building I or Building II or if either the Leased Original Premises are or the Expansion Premises is made wholly or partially untenantable untenable by fire or other casualty, Landlord may, by notice to Tenant within forty-five (45) 45 days after the damage, terminate this LeaseLease with respect to the space/building so damaged (e.g., if Building II and/or the Expansion Premises is so damaged, Landlord may terminate this Lease with respect to the Expansion Premises). Such termination shall become effective as of the date of such casualty. If either the Leased Original Premises are or the Expansion Premises is made partially or wholly untenantable untenable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Original Premises or the Expansion Premises, as applicable, to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject to force majeure, fails within 150 120 days thereafter from the date of such casualty to restore the damaged common areas, areas thereby eliminating substantial interference with Tenant's ’s use and occupancy of either the Leased Original Premises or the Expansion Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 150 120 day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event that, prior to the end of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been given. In the event of termination of this Lease pursuant to this paragraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to unless either the extent that Original Premises or the Leased Expansion Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If either the Leased Original Premises or the Expansion Premises are untenantable untenable and this Lease is not terminated by Landlordterminated, Rent shall abate axxxx on a per diem basis from the datx xx date of the casualty until either the Leased Original Premises or the Expansion Premises are ready for occupancy by Tenant. If part of either the Leased Original Premises are untenantableor the Expansion Premises is untenable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of either the Leased Original Premises or the Expansion Premises which is usable or used by Tenant until the damaged part is ready for Tenant's ’s occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate axxxx or be diminished during the term xx xhis of this Lease.

CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if it Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within forty-five (45) days after the damage, terminate this Lease. Such termination shall become effective as of the date of such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by TenantTenant (other than the initial Leasehold Improvements). If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject to force majeure, fails within 150 one hundred twenty (120) days thereafter from the date of such casualty to restore the damaged common areas, areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by TenantTenant (other than the initial Leasehold Improvements), Tenant may terminate this Lease as of the end of such 150 one hundred twenty (120) day period. Notwithstanding anything to the contrary contained herein, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event parties hereto acknowledge and agree that, prior to the end extent any Superior Instrument (as defined in Section 13.4 below) conflicts with the terms of this Article 8, the terms of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice Superior Instrument shall be deemed rescindedcontrol with respect to the disbursement and application of insurance proceeds, and this Lease shall continue that Landlord will comply with all requirements of the holder of any such Superior Instrument to deposit such insurance proceeds in full force escrow pending the application and effect as though disbursement of such notice had not been giveninsurance proceeds. In the event of termination of this Lease pursuant to this paragraphsection, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to the extent that unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If the Leased Premises are untenantable and this Lease is not terminated by Landlordterminated, Rent shall abate xxxxx on a per diem basis from the datx xx date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate xxxxx or be diminished during the term xx xhis of this Lease.

CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within forty-five (45) 45 days after the damage, terminate this Lease or if the Leased Premises or Building are damaged so that they cannot reasonably be restored within 120 days after the damage, Tenant may, by notice to Landlord within 45 days after the damage, terminate this Lease. Such In either case, termination shall become effective as of the date of such the casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject to force majeure, fails within 150 120 days thereafter from the date of such casualty to restore the damaged common areas, areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 150 120 day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event that, prior to the end of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been given. In the event of termination of this Lease pursuant to this paragraphArticle Eight, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to the extent that unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If the Leased Premises are untenantable and this Lease is not terminated by Landlordterminated, Rent shall abate on abatx xx a per diem basis from the datx xx date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate or abatx xx be diminished during the term xx xhis of this Lease.

CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within forty-five (45) 45 days after the damage, terminate this Lease. Such termination shall become effective as of the date of such casualty. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property of Tenant or alterations performed by Tenant. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject to force majeure, fails within 150 120 days thereafter from the date of such casualty to restore the damaged common areas, areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were in on the Lease Commencement Date, not including any personal property or alterations performed by Tenant, Tenant may terminate this Lease as of the end of such 150 120 day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event that, prior to the end of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been given. In the event of termination of this Lease pursuant to this paragraph, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to the extent that unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If the Leased Premises are untenantable and this Lease is not terminated by Landlordterminated, Rent shall abate xxxxx on a per diem basis from the datx xx date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate xxxxx or be diminished during the term xx xhis of this Lease.

CASUALTY AND UNTENANTABILITY. If the Building is made substantially untenantable or if Tenant's use and occupancy of the Leased Premises are substantially interfered with due to damage to the common areas of the Building or if the Leased Premises are made wholly or partially untenantable by fire or other casualty, Landlord may, by notice to Tenant within forty-five (45) 60 days after the damage, terminate this Lease. Such termination shall become effective as of the date of such casualty. If at any time during the last six months of the term of this Lease, there is damage, which the Leased Premises are made partially untenantable, Landlord may at Landlord's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to Tenant of Landlord's election to do so within 30 days after the date of occurrence of such damage. In the event that Tenant has an option to renew this Lease, and the time within which said option may be exercised has not yet expired, Tenant shall exercise such option, if it is to be exercised at all, no later than 20 days after the occurrence of said damage during the last six months of the term of this Lease. If Tenant duly exercises such option during said 20 day period, Landlord shall repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Tenant fails to exercise such option during said 20 day period, then Landlord may, at Landlord's option, terminate and cancel this Lease as of the expiration of said 20 day period by giving written notice to Tenant of Landlord's election to do so. If the Leased Premises are made partially or wholly untenantable by fire or other casualty and this Lease is not terminated as provided above, Landlord shall restore the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including work letter described in SCHEDULE 6. Tenant waives the provisions of Section 1932 of the Civil Code of the State of California and any personal property other statute or law permitting Tenant to terminate this lease in the event of Tenant or alterations performed by Tenantcasualty to the Leased Premises. If the Landlord does not terminate this Lease within such forty-five (45) day period, as provided above, and Landlord fails, subject to force majeure, fails within 150 180 days thereafter from the date of such casualty to restore the damaged common areas, areas thereby eliminating substantial interference with Tenant's use and occupancy of the Leased Premises, or fails to restore the Leased Premises to the condition they were specified in on the Lease Commencement Date, not including any personal property or alterations performed by Tenantwork letter described in SCHEDULE 6, Tenant may terminate this Lease as of the end of such 150 180 day period, provided that Tenant provides Landlord with ten (10) business days prior written notice thereof. In the event that, prior to the end of such ten (10) business day period, Landlord completes such restoration, Tenant's termination notice shall be deemed rescinded, and this Lease shall continue in full force and effect as though such notice had not been given. In the event of termination of this Lease pursuant to this paragrapharticle 8, Rent shall be prorated on a per diem basis and paid to the date of the casualty, except to the extent that unless the Leased Premises shall be tenantable, in which case Rent shall be payable to the date of the lease termination with respect to such tenantable portion of the Leased Premisestermination. If the Leased Premises are untenantable and this Lease is not terminated by Landlordterminated, Rent shall abate xxxxx on a per diem basis from the datx xx date of the casualty until the Leased Premises are ready for occupancy by Tenant. If part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and apportioned in accordance with the part of the Leased Premises which is usable or used by Tenant until the damaged part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately caused by an act or omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in such event, Tenant agrees that Rent shall not abate xxxxx or be diminished during the term xx xhis of this Lease.