Common use of DAMAGE BY FIRE, ETC Clause in Contracts

DAMAGE BY FIRE, ETC. If the Premises or the Building are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made within one hundred eighty (180) days after the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of Rent and Additional Charges while such repairs to be made hereunder by Xxxxxxxx are being made. Such reduction of rent, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, where clause (ii) is limited to the extent of rental abatement insurance allowed by Landlord's casualty insurance policy. Within twenty (20) days after the date of such damage, Landlord shall notify Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (180) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after notice is given. In the event that such notice to terminate is given by Landlord, this Lease shall terminate on the date specified in such notice. In the event that Landlord notifies Tenant that restoration or repair of the Premises will take more than one hundred and eighty (180) days, Tenant shall have a right to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damage. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, or by Landlord as provided above, Landlord shall proceed diligently to restore the Premises to a condition at least comparable to that existing immediately prior to such damage, and Tenant shall have the additional right to terminate this Lease if

DAMAGE BY FIRE, ETC. (a) If the Building, improvements, or Premises are rendered partially or the Building are damaged wholly untenantable by fire or other casualty, Landlord shall forthwith repair the sameand if such damage cannot, provided that such repairs can in Landlord’s reasonable estimation, be made materially restored within one hundred eighty twenty (180120) days after of such damage, then either may terminate this Lease as of the date of such damage under the laws fire or casualty. Landlord shall exercise its option provided herein by written notice to Tenant within sixty (60) days of such fire or other casualty and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction exercise its option by providing Landlord written notice within thirty (30) days of Rent and Additional Charges while such repairs to be made hereunder by Xxxxxxxx are being made. Such reduction receipt of rent, if any, shall be based upon the greater of (i) the proportion notice from Landlord that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, where clause (ii) is limited to the extent of rental abatement insurance allowed by Landlord's casualty insurance policy. Within cannot be completed within one hundred twenty (20120) days after of the date of such damagecasualty. For purposes hereof, Landlord shall notify Tenant whether the Building, improvements, or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180) days after the date of such damage and Landlord's determination thereof Premises shall be binding deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s use of the Premises for the purpose for which it was then being used. Notwithstanding the foregoing to the contrary, if a casualty of the type described above first occurs during the final twelve (12) months of the Term (which is calculated based on Tenant. If such repairs cannot be made within one hundred eighty (180) days from the date expiration of such damagethe then current Term without regard to any unexercised options to extend), then Tenant may, at its option, elect to terminate this Lease upon written notice to Landlord shall have the option within thirty (30) days after the date casualty, whereupon the balance of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairs, in which event this Lease the Term shall continue in full force and effect and automatically expire on the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days fifth day after the notice is givendelivered and Landlord shall have no restoration obligations pursuant to this Section 20. In the event that Tenant fails to properly and timely deliver such notice to terminate is given by Landlord, this Lease shall terminate on the date specified in such notice. In the event that Landlord notifies Tenant that restoration or repair of the Premises will take more than one hundred and eighty (180) daystermination, Tenant shall be deemed to have a waived such right to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damage. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, or by Landlord as provided above, Landlord shall proceed diligently to restore the Premises to a condition at least comparable to that existing immediately prior to such damage, and Tenant shall have the additional right to terminate this Lease ifterminate.

DAMAGE BY FIRE, ETC. (a) If the Premises or the Building are damaged or destroyed by fire or other casualty, Landlord shall forthwith repair casualty such that the same, provided that such repairs can be made within one hundred eighty fifty (180150) days after from the date of such damage damage, then Landlord shall forthwith repair the same to the condition that existed on the date of the damage, under the laws and regulations of the federal, state state, and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction abatement of Rent and Additional Charges rent while such repairs to be made hereunder by Xxxxxxxx are Landxxxx xxx being made. Such reduction of rent, if any, Said proportionate abatement shall be based upon on the greater of (irental rates per rentable square foot in Paragraph 9(c) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) above, and the extent to which such damage and the making of such repairs to be made hereunder by Landlord shall interfere with the business carried on by Tenant in on the Premises. If such damages or destruction resulted from the act, where clause (ii) is limited fault or neglect of Tenant, then rent shall abatx xxxy to the extent of rental abatement insurance allowed by Landlord receives proceeds from Landlord's casualty rental income insurance policypolicy to compensate Landlord for the loss of such rent. Within twenty thirty (2030) days after from the date of such damage, Landlord shall notify Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty fifty (180) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (180150) days from the date of such damage. If and to the extent such damage or destruction is not fully covered by Landlord's insurance policy, Landlord shall have the option within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after notice is given. In the event that such notice to terminate is given by Landlord, this Lease shall terminate on the date specified in such notice. In the event that Landlord notifies Tenant that restoration or repair of the Premises will take more than one hundred and eighty (180) days, Tenant shall have a right to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damage. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, or by Landlord as provided above, Landlord shall proceed diligently to restore the Premises to a condition at least comparable to that existing immediately prior to such damage, and Tenant shall have the additional right to terminate this Lease ifupon written notice of such election to terminate within thirty (30)

DAMAGE BY FIRE, ETC. If In the event of damage to the Premises or the Building are damaged by fire or other casualtycasualty during the rental term, Landlord Lessee shall forthwith notify Lessor thereof immediately. Except during the last two years of the initial, rental term or of an exercised renewal term, Lessor shall repair and restore the samePremises to its condition prior to the damage. Work shall commence promptly after the damage is surveyed and insurance payment therefor is assured but, provided that in any event, not more than 30 days after the damage occurs or 10 days after insurance proceeds are received, whichever is later; and the work shall be completed as soon as reasonably practical, and in any event within 150 days after commencement, such repairs can be made commencement and completion being subject to delays incident to a Force Majeure. If, such damage is not repaired and the Premises restored substantially to their condition before the damage within one one-hundred eighty fifty (180150) days after the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall work therefor is commenced (which one-hundred fifty (150) day period may be entitled subject to extension for a proportionate reduction of Rent and Additional Charges while such repairs to be made hereunder by Xxxxxxxx are being made. Such reduction of rent, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, where clause (ii) is limited to the extent of rental abatement insurance allowed by Landlord's casualty insurance policy. Within period not longer than an additional one-hundred twenty (20120) days after the date by reason of such damage, Landlord shall notify Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180a Force Majeure) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (180) days from the date of such damage, Landlord Lessee shall have the option either to terminate this Lease or to direct Lessor to continue to repair the damage and restore the Premises. If, at the time of a casualty (whose restoration would require more than sixty (60) days time, in Lessor's reasonable estimation) two years or less remain in the term (inclusive of exercised renewal terms), Lessor may terminate this Lease unless Lessee shall agree to extend the then current term (or exercise a renewal term, as applicable) in order that this Lease shall continue for a minimum of four (4) years from such casualty at the same terms and conditions as set forth herein. Notice of the manner of Lessor's exercise of the option shall be given to Lessee within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage occurs, and diligently prosecute such repairs, in which event this Lease Lessee shall continue in full force and effect and the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than have thirty (30) days nor more than sixty (60) days after notice is given. In the event that receipt of such notice to terminate is given notify Lessor whether it accepts such termination or elects to extend or renew the term. If the Premises are rendered wholly or partially untenantable by Landlordsuch casualty or by action of public authority by reason thereof, this Lease the rental and additional rental payable by Lessee hereunder shall terminate on be abated for the period intervening between the date specified of the casualty and the date the casualty is repaired and the Premises are restored so as to be substantially completed and ready for occupancy as defined in such noticeParagraph 3. In the event Such abatement shall be apportioned and applied only to that Landlord notifies Tenant that restoration or repair part of the Premises will take more than one hundred and eighty (180) daysso rendered untenantable, Tenant provided, however, that if such portion of the Premises is rendered untentable as would make the entire Premises commercially impracticable for Lessee's use, such abatement shall have a right to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant apply to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damage. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, or by Landlord as provided above, Landlord shall proceed diligently to restore the Premises to a condition at least comparable to that existing immediately prior to such damage, and Tenant shall have the additional right to terminate this Lease ifentire Premises.

DAMAGE BY FIRE, ETC. If 22.1 In the event the Premises or the Building are damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that cause and in Landlord's 5 reasonable estimation such repairs damage can be made materially restored within one hundred eighty (180) days after days, Landlord shall forthwith repair the date of such damage under the laws same and regulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect effect, except that Tenant shall be entitled to a proportionate reduction abatement in rent from the date of Rent and Additional Charges while such repairs to darnage. Such abaternent of rent shall be made hereunder by Xxxxxxxx are being made. Such reduction of rent, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) pro rata in accordance with the extent to which such the damage and the making of such repairs by Landlord shall interfere with the business carried on use and occupancy by Tenant in of the Premises, where clause (ii) is limited Premise from time to the extent of rental abatement insurance allowed by Landlord's casualty insurance policytime. Within twenty forty-five (20) days after the date of such damage, Landlord shall notify Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (18045) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord's reasonable estimation of the length of time within which material restoration can be made, and Landlord's determination shall be binding on Tenant. For purposcs of this Lease, the Building or Prernises .shall be deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the Prernises for the purpose for which it was being used immediately before such damage. 22.2 If such repairs cannot, in Landlord's reasonable estimation, be made within two hundred fifty (250) days, Landlord and Tenant shall each have the option of giving the other, at any time within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such damage, notice is given. In the event that such notice to terminate is given by Landlord, terminating this Lease shall terminate on as of the date specified in such notice. In the event that Landlord notifies Tenant that restoration or repair of the Premises will take more than one hundred and eighty (180) days, Tenant shall have a right to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damage. In the event of the giving of such notice, this Lease is no terminated by Tenant, as provided for shall expire and all interest of the Tenant in the immediately preceding sentence, or by Landlord Premises shall terminate as provided above, Landlord shall proceed diligently to restore of the Premises to a condition at least comparable to that existing immediately prior to date of such damage, and Tenant shall have the additional right to terminate this Lease ifdamage as

DAMAGE BY FIRE, ETC. If the Premises or the Building are damaged by 8.1. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the premises shall be partially damaged by fire, the elements or other casualty, the Landlord shall forthwith repair the samesame as speedily as practicable, provided that but the Tenant's obligation to pay the rent hereunder shall not cease. If, in the opinion of the Landlord, the premises be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such repairs can time as the premises shall be made within one hundred eighty (180) days after tenantable by the date Landlord. However, if in the opinion of the Landlord, the premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then the rent shall be paid up to the time of such destruction and then and from thenceforth this lease shall come to an end. In no event, however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty and damage under shall be the laws and regulations result of the federalcarelessness, state and local governmental authorities having jurisdiction thereofnegligence or improper conduct of the Tenant or the Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such eventcase, this Lease the Tenant's liability for the payment of the rent and the performance of all the covenants, conditions and terms hereof on the Tenant's part to be performed shall remain in full force continue and effect except that the Tenant shall be entitled liable to a proportionate reduction the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been insured against any of Rent and Additional Charges while the risks herein covered, then the proceeds of such repairs to be made hereunder by Xxxxxxxx are being made. Such reduction of rent, if any, insurance shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears paid over to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, where clause (ii) is limited to the extent of rental abatement insurance allowed by the Landlord's casualty costs and expenses to make the repairs hereunder, and such insurance policy. Within twenty (20) days after the date of such damage, Landlord shall notify Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (180) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after notice is given. In the event that such notice to terminate is given by Landlord, this Lease shall terminate on the date specified in such notice. In the event that Landlord notifies Tenant that restoration or repair of the Premises will take more than one hundred and eighty (180) days, Tenant shall have a right to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant to the immediately preceding sentence), Tenant carriers shall have no liability recourse against the Landlord for payment of the deductible under Landlord's insurance relating to such damage. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, or by Landlord as provided above, Landlord shall proceed diligently to restore the Premises to a condition at least comparable to that existing immediately prior to such damage, and Tenant shall have the additional right to terminate this Lease ifreimbursement.

DAMAGE BY FIRE, ETC. If Subject to Section 7.7 of this Lease, in the Premises event that any of the Improvements shall be damaged or the Building are damaged destroyed by fire or any other casualtyhazard, Landlord risk or casualty whatsoever (such damaged or destroyed Improvements being herein called the "DAMAGED IMPROVEMENTS"), then Tenant shall forthwith give immediate notice thereof to Landlord, and shall, as soon as possible, at Tenant's cost and expense, restore, replace and repair the same, provided that such repairs can be made within one hundred eighty (180) days after the date Damaged Improvements regardless of such damage under the laws and regulations whether insurance proceeds are available to pay all of the federal, state and local governmental authorities having jurisdiction cost thereof. In such event, this Lease shall remain in full force and effect except that Such work by Tenant shall be entitled done pursuant to plans, specifications and a proportionate reduction of Rent and Additional Charges while such repairs to be made hereunder by Xxxxxxxx are being made. Such reduction of rent, if any, work schedule which shall be based upon subject to Landlord's prior reasonable approval. In the greater event that more than fifty percent of (i) the proportion that the floor area of the Premises rendered untenantable by Improvements is so damaged or destroyed, and such damage bears to or destruction shall occur during the total area last two years of the Premises; or (ii) the extent Term, then provided all policies of insurance hereby required to which such damage and the making of such repairs by Landlord shall interfere with the business carried on be maintained by Tenant in the Premises, where clause (ii) is limited to the extent of rental abatement insurance allowed by Landlord's casualty insurance policy. Within twenty (20) days after the date of such damage, Landlord shall notify Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (180) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue are in full force and effect and proper proof of loss shall have been filed thereunder, Landlord and Tenant each shall have the Rent and Additional Charges shall be reduced as provided herein; right on or (ii) notify Tenant prior to the thirtieth day after the occurrence of Landlord's election such damage or destruction, to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after notice is given. In the event that such by giving notice to terminate is given by Landlord, this Lease shall terminate on the date specified in other respective party. Upon such notice. In the event that Landlord notifies Tenant that restoration or repair of the Premises will take more than one hundred and eighty (180) daystermination, Tenant shall pay to Landlord (if Landlord has failed to receive such amounts from the proceeds of rent loss insurance required to be carried by Tenant), (a) an amount equal to all Rent which would have a right been due hereunder for the six month period following such termination, (b) all insurance proceeds theretofore received by Tenant on account of such Damaged Improvements, and (c) assigning to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord all insurance policies and unpaid proceeds with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant respect to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damage. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, or by Landlord as provided above, Landlord shall proceed diligently to restore the Premises to a condition at least comparable to that existing immediately prior to such damage, and Tenant shall have the additional right to terminate this Lease ifDamaged Improvements.

DAMAGE BY FIRE, ETC. If the Leased Premises shall be damaged or the Building are damaged destroyed in whole or in part by fire fire, windstorm, or other casualtycasualty included in the perils covered by standard property insurance policies with extended coverage, Landlord shall forthwith repair malicious mischief, and vandalism, Tenant will solely to the same, extent insurance proceeds are made available to Tenant for same (provided that such repairs can limitation shall only apply where Tenant is in compliance in all material respects with its obligations to maintain hazard insurance (including fire insurance)), to the extent permitted by applicable building and zoning codes, repair and restore the same to a good tenantable condition with reasonable dispatch as permitted by applicable building and zoning codes, and theRent shall xxxxx entirely in case the entire demised premises are untenantable and pro rata for the portion rendered untenantable. If Tenant shall use any part of the Leased Premises for storage during any period in which the Leased Premises is untenantable, a reasonable charge shall be made within one hundred eighty (180) days after therefore against Tenant. Notwithstanding the date of such damage under foregoing, in the laws and regulations of event the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant Leased Premises shall be entitled to a proportionate reduction of Rent and Additional Charges while such repairs to be made hereunder by Xxxxxxxx are being made. Such reduction of rent, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; damaged or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, where clause (ii) is limited destroyed to the extent of rental abatement insurance allowed more than one-half of the demised premises by Landlord's casualty insurance policy. Within twenty (20) days after the date of square footage are not usable as used prior to such damageevent, Landlord shall notify or Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (180) days from the date of such damagemay, Landlord shall have the option within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairsat its option, in which event this Lease shall continue in full force and effect and the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after notice is given. In the event that such by written notice to terminate is given by Landlord, this Lease shall terminate on the date specified in such notice. In the event that Landlord notifies Tenant that restoration or repair of the Premises will take more than one hundred and eighty other delivered within forty-five (180) days, Tenant shall have a right to terminate the Lease within fifteen (1545) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damageevent. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, following such damage or by Landlord as provided abovedestruction, Landlord shall proceed diligently be entitled to insurance proceeds up to the amount needed to restore the Leased Premises to a condition at least comparable to that existing immediately its prior to such damage, and Tenant shall have the additional right to terminate this Lease ifcondition.