Common use of Casualty Taking Clause in Contracts

Casualty Taking. 9.1.1 If at any time during the Term of this Agreement, a material portion of the Property, the Building, the Datacenter, or the Grantee Space shall be (i) damaged or destroyed by fire or other casualty (a “Casualty”) or (ii) taken under the power of eminent domain or condemned by any competent authority for any public or quasi-public use or purpose, or sold to prevent the exercise thereof (a “Taking”), then Grantor shall have the right to elect, in Grantor’s sole and absolute discretion, to either (a) terminate this Agreement by delivery of written notice (a “Termination Notice”) thereof to Grantee or (b) to continue this Agreement, in which case, Grantor shall repair and reconstruct the Grantee Space to substantially the same condition in which they existed immediately prior to such Casualty or Taking. For the avoidance of doubt, however, such repair and reconstruction obligations shall not be deemed to include any obligation on the part of Grantor with regard to any of Grantee’s Personal Property. If as a result of the Casualty, the Grantee Space is unfit for use by Grantee in the ordinary conduct of Grantee’s business and actually is not used by Grantee, then Grantor shall provide written notice (the “Restoration Notice”) to Grantee as soon as practicable after the Casualty of the period of time (the “Stated Restoration Period”) which shall be required for the repair and restoration of the Datacenter to permit use of the Grantee Space in the ordinary conduct of Grantee’s business and Grantee shall have the right, at its election, (i) to terminate this Agreement if either (a) the Stated Restoration Period shall be in excess of one hundred eighty (180) days following the Casualty or Taking, (b) fewer than twenty-four (24) months remain in the Term as of the date of the Taking or Casualty, or (c) fewer than twelve (12) months would remain in the Term upon the expiration of the Stated Restoration Period, and Grantee terminates this Agreement with written notice thereof to Grantor within thirty (30) days following delivery of the Restoration Notice, or (ii) to terminate this Agreement if Grantor shall fail within the Stated Restoration Period to complete the repair and restoration of the Datacenter necessary to allow Grantee’s use of the Grantee Space in the ordinary conduct of Grantee’s business and Grantee delivers written notice of such termination to Grantor within thirty (30) days following the expiration of the restoration deadline.

Casualty Taking. 9.1.1 If at any time during the Term of this AgreementLease, a material portion of the Property, the Building, the Datacenter, or the Grantee Space Building shall be (i) damaged or destroyed by fire or other casualty (a “Casualty”) or (ii) taken under the power of eminent domain or condemned by any competent authority for any public or quasi-public use or purpose, or sold to prevent the exercise thereof (a “Taking”), then Grantor Landlord shall have the right to elect, in GrantorLandlord’s sole and absolute discretion, to either (a) terminate this Agreement Lease by delivery of written notice (a “Termination Notice”) thereof to Grantee Tenant (but only if the other leases at the Building that are similarly affected by such Casualty or Taking are terminated) or (b) to continue this AgreementLease, in which case, Grantor Landlord shall repair and reconstruct the Grantee Tenant Space to substantially the same condition in which they existed immediately prior to such Casualty or Taking. For the avoidance of doubt, however, such repair and reconstruction obligations shall not be deemed to include any obligation on the part of Grantor Landlord with regard to any of GranteeTenant’s Personal Property. If as a result of the Casualty, the Grantee Tenant Space is unfit for use by Grantee Tenant in the ordinary conduct of GranteeTenant’s business and actually is not used by GranteeTenant, then Grantor Landlord shall provide written notice (the “Restoration Notice”) to Grantee Tenant as soon as practicable after the Casualty of the period of time (the “Stated Restoration Period”) which shall be required for the repair and restoration of the Datacenter Building to permit use of the Grantee Tenant Space in the ordinary conduct of GranteeTenant’s business and Grantee Tenant shall have the right, at its election, (i) to terminate this Agreement Lease if either (ai) the Stated Restoration Period shall be in excess of one hundred eighty ninety (18090) days following the Casualty or Taking, (b) fewer than twenty-four (24) months remain in the Term as of the date of the Taking or Casualty, or (c) fewer than twelve (12) months would remain in the Term upon the expiration of the Stated Restoration Period, and Grantee Tenant terminates this Agreement Lease with written notice thereof to Grantor Landlord within thirty fifteen (3015) days following delivery of the Restoration Notice, or (ii) to terminate this Agreement if Grantor Landlord shall fail within the Stated Restoration Period to complete the repair and restoration of the Datacenter Building necessary to allow GranteeTenant’s use of the Grantee Tenant Space in the ordinary conduct of GranteeTenant’s business and Grantee Tenant delivers written notice of such termination to Grantor Landlord within thirty fifteen (3015) days following the expiration of the restoration deadline. The foregoing notwithstanding, in the event of a Casualty or Taking that results in the complete destruction (a “Total Casualty”) or complete condemnation (a “Total Taking”) of the Building, the Lease shall automatically terminate as of the date of the Total Casualty or the date of the Total Taking.

Casualty Taking. 9.1.1 If at any time during the Term of this AgreementLease, a material portion of the Property, Property or the Building, the Datacenter, or the Grantee Tenant Space shall be (i) damaged or destroyed by fire or other casualty (a “Casualty”) or (ii) taken under the power of eminent domain or condemned by any competent authority for any public or quasi-public use or purpose, or sold to prevent the exercise thereof (a “Taking”), then Grantor Landlord shall have the right to elect, in GrantorLandlord’s sole and absolute discretion, to either (a) terminate this Agreement Lease by delivery of written notice (a “Termination Notice”) thereof to Grantee Tenant or (b) to continue this AgreementLease, in which case, Grantor Landlord shall repair and reconstruct the Grantee Tenant Space to substantially the same condition in which they existed immediately prior to such Casualty or Taking. For the avoidance of doubt, however, such repair and reconstruction obligations shall not be deemed to include any obligation on the part of Grantor Landlord with regard to any of GranteeTenant’s Personal Property. If as a result of the Casualty, the Grantee Tenant Space is unfit for use by Grantee Tenant in the ordinary conduct of GranteeTenant’s business and actually is not used by GranteeTenant, then Grantor Landlord shall provide written notice (the “Restoration Notice”) to Grantee Tenant as soon as practicable after the Casualty of the period of time (the “Stated Restoration Period”) which shall be required for the repair and restoration of the Datacenter Building to permit use of the Grantee Tenant Space in the ordinary conduct of GranteeTenant’s business and Grantee Tenant shall have the right, at its election, (i) to terminate this Agreement Lease if either (a) the Stated Restoration Period shall be in excess of one hundred eighty (180) days following the Casualty or Taking, (b) fewer than twenty-four (24) months remain in the Term as of the date of the Taking or Casualty, or (c) fewer than twelve (12) months would remain in the Term upon the expiration of the Stated Restoration Period, and Grantee Tenant terminates this Agreement Lease with written notice thereof to Grantor Landlord within thirty (30) days following delivery of the Restoration Notice, or (ii) to terminate this Agreement Lease if Grantor Landlord shall fail within the Stated Restoration Period to complete the repair and restoration of the Datacenter Building necessary to allow GranteeTenant’s use of the Grantee Tenant Space in the ordinary conduct of GranteeTenant’s business and Grantee Tenant delivers written notice of such termination to Grantor Landlord within thirty (30) days following the expiration of the restoration deadline.