Common use of DAMAGE OR DESTRUCTION OF THE LEASED PREMISES Clause in Contracts

DAMAGE OR DESTRUCTION OF THE LEASED PREMISES. If the Building or a portion of the Building shall be destroyed or damaged by fire or other casualty insured against by the Landlord, then in every such event the following provisions shall apply: 14.1.1 if the damage or destruction is such that the Leased Premises are rendered wholly or partially unfit for occupancy or if it is impossible or unsafe to use and occupy them and if, in either event, the damage, in the opinion of the Landlord, written notice of which is to be given to the Tenant within thirty (30) Business Days of the happening of such damage or destruction, cannot be repaired with reasonable speed and diligence within three hundred and sixty-five (365) days from the happening of such damage or destruction, then either the Landlord or, subject to the provisions of Section 14.4 hereof, the Tenant may, within five (5) Business Days next succeeding the giving of notice of the Landlord’s opinion as aforesaid, terminate this Lease by giving to the other notice in writing of such termination in which event this Lease and the Term hereby granted shall cease and be at an end as of the first day following the date of such destruction or damage and the Rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the first day following the date of such damage or destruction or the Landlord may exercise its option as provided in Section 14.4 hereof to relocate the Tenant subject to the terms set out in Section 14.4; in the event that neither the Landlord or the Tenant so terminates this Lease or the Landlord does not exercise its option as provided in Section 14.4 hereof, then after having received the proceeds of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligence and subject to Section 14.3 hereof, the Rent hereby reserved shall xxxxx from the happening of the damage or destruction until the damage or destruction to the Leased Premises shall be made good to the extent of enabling the Tenant to use and occupy the Leased Premises; 14.1.2 if the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy or if it is impossible or unsafe to use and occupy them and if, in either event, the damage, in the opinion of the Landlord, written notice of which is to be given to the Tenant within thirty (30) Business Days of the happening of such damage or destruction, can be repaired with reasonable speed and diligence within three hundred and sixty-five (365) days of the happening of such damage or destruction, then after having received the proceeds of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligence. Notwithstanding the foregoing, there shall be no obligation on the part of the Landlord to repair if there is less than two (2) years remaining in the Term at the time of such damage or destruction, to such event, the Landlord shall be entitled to, at its option, terminate this Lease, exercise its option as provided in Section 14.4 hereof or repair the damage and destruction in the manner as provided in this Subsection 14.1.

DAMAGE OR DESTRUCTION OF THE LEASED PREMISES. If Except as otherwise hereinafter set forth, in the Building event the Leased Premises (or a any other portion of the Building Building, the use of which is reasonably necessary for Lessee's use of the Leased Premises) or the Parking Area, the Access Area or the Common Areas are damaged or partially destroyed by fire or other casualty, Lessor, utilizing the insurance proceeds, if any, shall restore the same to substantially the same condition as existed prior to the occurrence of such fire or other casualty. However, in the event the Leased Premises, the Parking Area, the Access Area or the Common Areas, as the case may be, shall be damaged or destroyed or damaged by fire or other casualty insured against by to such extent as to preclude the Landlord, then in every such event the following provisions shall apply: 14.1.1 if the damage or destruction is such that the Leased Premises are rendered wholly or partially unfit for occupancy or if it is impossible or unsafe to use repair and occupy them and if, in either event, the damage, in the opinion of the Landlord, written notice of which is to be given to the Tenant replacement thereof within thirty ninety (30) Business Days of the happening of such damage or destruction, cannot be repaired with reasonable speed and diligence within three hundred and sixty-five (36590) days from the happening of such damage or destruction, then either the Landlord or, subject subsequent to the provisions of Section 14.4 hereof, the Tenant may, within five (5) Business Days next succeeding the giving of notice of the Landlord’s opinion as aforesaid, terminate this Lease by giving to the other notice in writing of such termination in which event this Lease and the Term hereby granted shall cease and be at an end as of the first day following the date of such destruction event, Lessor shall have the right to either utilize the insurance proceeds, if any, to reconstruct the Leased Premises, the Parking Area, the Access Area or the Common Areas, as the case may be, or, in the alternative, elect to receive payment of the insurance proceeds and terminate this Lease. In addition, if the Lessor elects to restore any such damage to the Leased Premises (or any such other portions of the Building, the use of which is reasonably necessary for the Lessee's use of the Leased Premises) and the Rent and all Lessor has not substantially completed the restoration thereof within six (6) months of the date of the occurrence of such fire or other payments for which casualty, then the Tenant is liable under Lessee may, at its option by providing written notice thereof to the terms of Lessor, elect to terminate this Lease, whereupon this Lease shall terminate and, thereafter, the parties shall be apportioned and paid in full relieved of all further liability hereunder. Lessee shall not be obligated to pay any rentals or other amounts under this Lease applicable to any period when the first day following the date of Leased Premises, or any material part thereof are untenantable due to any such damage or destruction or the Landlord may exercise its option as provided in Section 14.4 hereof to relocate the Tenant subject to the terms set out in Section 14.4; in the event that neither the Landlord or the Tenant so terminates this Lease or the Landlord does not exercise its option as provided in Section 14.4 hereof, then after having received the proceeds of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligence and subject to Section 14.3 hereof, the Rent hereby reserved shall xxxxx from the happening any part of the damage or destruction until the damage or destruction to the Leased Premises shall be made good to the extent of enabling the Tenant to use and occupy the Leased Premises; 14.1.2 if the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy or if it is impossible or unsafe to use and occupy them and if, in either event, the damage, in the opinion of the Landlord, written notice of which is to be given to the Tenant within thirty (30) Business Days of the happening of such damage or destruction, can be repaired with reasonable speed and diligence within three hundred and sixty-five (365) days of the happening of such damage or destruction, then after having received the proceeds of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligence. Notwithstanding the foregoing, there shall be no obligation on the part of the Landlord to repair if there is less than two (2) years remaining in the Term at the time of such damage or destruction, to such event, the Landlord shall be entitled to, at its option, terminate this Lease, exercise its option as provided in Section 14.4 hereof or repair the damage and destruction in the manner as provided in this Subsection 14.1.

DAMAGE OR DESTRUCTION OF THE LEASED PREMISES. If Except as otherwise hereinafter set forth, in the Building event the Leased Premises or a portion the Parking Area are damaged or partially destroyed, in whole or in part, by fire or other casualty, Lessor shall promptly restore the same (but not any leasehold improvements other than Lessor’s Work, fixtures, furnishings, equipment or personal property of Tenant) in substantially the Building same condition as existed prior to the occurrence of such fire or other casualty; provided however, in the event the Leased Premises shall be damaged or destroyed or damaged by fire or other casualty insured against to such extent that the repair and replacement thereof is reasonably estimated to exceed one hundred eighty (180) days subsequent to the date of obtaining all necessary municipal or governmental permits, either party shall have the right to terminate this Lease upon notice to the other party delivered within ten (10) days after Lessor notifies Lessee of Lessor’s determination of the length of time required for repair and replacement. Lessor shall, within sixty (60) days after the date of such fire or other casualty, deliver to Lessee written notice of Lessor’s estimate of how long it will take to complete such repair and replacement as reasonably determined by Lessor’s engineers. In addition, if Lessor determines that it can complete the Landlord, then in every such event the following provisions shall apply: 14.1.1 if the damage or destruction is such that repair and replacement of the Leased Premises are rendered wholly (or partially unfit for occupancy or if it is impossible or unsafe to use and occupy them and if, in either event, the damage, in the opinion other portions of the LandlordBuilding or Parking Area) within 180 days after the date of obtaining all necessary municipal or governmental permits but fails to do so, written notice of which is Lessee shall have the right to be given to the Tenant within thirty (30) Business Days of the happening of such damage or destruction, cannot be repaired with reasonable speed and diligence within three hundred and sixty-five (365) days from the happening of such damage or destruction, then either the Landlord or, subject to the provisions of Section 14.4 hereof, the Tenant may, within five (5) Business Days next succeeding the giving of notice of the Landlord’s opinion as aforesaid, terminate this Lease by giving to Lessor ten (10) days prior written notice; provided, however, that if Lessor subsequently completes such repair and replacement within the other notice in writing of such above 10-day period, Lessee’s termination in which event this Lease shall be void and the Term hereby granted shall cease and be at an end as of the first day following the date of such destruction or damage and the Rent and all other payments for which the Tenant is liable under the terms of this Lease shall continue in accordance with the terms contained herein. All rent (including all Minimum Rent and Additional Rent payable under this Lease) shall be apportioned and paid in full abated equitably during any period when the Leased Premises or any material part thereof are untenantable due to the first day following the date of any such damage or destruction or the Landlord may exercise its option as provided in Section 14.4 hereof when access to relocate the Tenant subject to the terms set out in Section 14.4; in the event that neither the Landlord or the Tenant so terminates this Lease or the Landlord does not exercise its option as provided in Section 14.4 hereof, then after having received the proceeds availability of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligence and subject to Section 14.3 hereof, the Rent hereby reserved shall xxxxx from the happening of the damage or destruction until the damage or destruction to the Leased Premises shall be made good to the extent of enabling the Tenant to use and occupy the Leased Premises; 14.1.2 if the damage or destruction is such that parking for the Leased Premises are rendered wholly unfit for occupancy or if it is impossible or unsafe materially impaired to use and occupy them and ifthe extent rendering the Leased Premises untenantable, in either eventwhole or in part, the damage, in the opinion of the Landlord, written notice of which is due to be given to the Tenant within thirty (30) Business Days of the happening of any such damage or destruction, can be repaired with reasonable speed and diligence within three hundred and sixty-five (365) days of the happening of such damage or destruction, then after having received the proceeds of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligence. Notwithstanding the foregoing, there shall be no obligation on the part of the Landlord to repair if there is less than two (2) years remaining in the Term at the time of such damage or destruction, to such event, the Landlord shall be entitled to, at its option, terminate this Lease, exercise its option as provided in Section 14.4 hereof or repair the damage and destruction in the manner as provided in this Subsection 14.1.

DAMAGE OR DESTRUCTION OF THE LEASED PREMISES. If Except as otherwise hereinafter set forth, in the Building event the Leased Premises are damaged or a portion partially destroyed by fire or other casualty, Lessor shall restore the same (including Lessor’s Work, but not any other leasehold improvements, fixtures, furnishings, equipment or personal property of Lessee) in substantially the same condition as existed as of the Building Lease Commencement Date; provided however, in the event the Leased Premises shall be damaged or destroyed or damaged by fire or other casualty insured against to such extent that the repair and replacement thereof is reasonably estimated to exceed two hundred seventy (270) days subsequent to the date of obtaining all necessary municipal or governmental permits, either party shall have the right to terminate this Lease upon notice to the other party delivered within ten (10) days after Lessor notifies Lessee of Lessor’s determination of the length of time required for repair and replacement. Lessor shall use diligent efforts to obtain all necessary municipal and governmental permits and shall, within forty-five (45) days after the date of such fire or other casualty, deliver to Lessee written notice of Lessor’s estimate of how long it will take to complete such repair and replacement as reasonably determined by Lessor’s engineers. In addition, if Lessor determines that it can complete the Landlord, then in every such event the following provisions shall apply: 14.1.1 if the damage or destruction is such that repair and replacement of the Leased Premises are rendered wholly (or partially unfit for occupancy or if it is impossible or unsafe to use and occupy them and if, in either event, the damage, in the opinion other portions of the LandlordBuilding) within 270 days after the date of obtaining all necessary municipal or governmental permits but fails to do so and such failure is not due to an act or omission of Lessee or force majeure, written notice of which is Lessee shall have the right to be given to the Tenant within thirty (30) Business Days of the happening of such damage or destruction, cannot be repaired with reasonable speed and diligence within three hundred and sixty-five (365) days from the happening of such damage or destruction, then either the Landlord or, subject to the provisions of Section 14.4 hereof, the Tenant may, within five (5) Business Days next succeeding the giving of notice of the Landlord’s opinion as aforesaid, terminate this Lease by giving to Lessor ten (10) days prior written notice; provided, however, that if Lessor subsequently completes such repair and replacement within the other notice in writing of such above 10-day period, Lessee’s termination in which event this Lease shall be void and the Term hereby granted shall cease and be at an end as of the first day following the date of such destruction or damage and the Rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid continue in full to the first day following the date of such damage or destruction or the Landlord may exercise its option as provided in Section 14.4 hereof to relocate the Tenant subject to accordance with the terms set out in Section 14.4; in the event that neither the Landlord or the Tenant so terminates this Lease or the Landlord does not exercise its option as provided in Section 14.4 hereof, then after having received the proceeds of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligence and subject to Section 14.3 hereof, the Rent hereby reserved shall xxxxx from the happening of the damage or destruction until the damage or destruction to the Leased Premises shall be made good to the extent of enabling the Tenant to use and occupy the Leased Premises; 14.1.2 if the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy or if it is impossible or unsafe to use and occupy them and if, in either event, the damage, in the opinion of the Landlord, written notice of which is to be given to the Tenant within thirty (30) Business Days of the happening of such damage or destruction, can be repaired with reasonable speed and diligence within three hundred and sixty-five (365) days of the happening of such damage or destruction, then after having received the proceeds of the applicable insurance policies affecting the damaged or destroyed property, the Landlord shall repair the Leased Premises (excluding the Tenant’s Leasehold Improvements) with reasonable speed and diligencecontained herein. Notwithstanding the foregoing, there all Rent (including all Minimum Rent and Additional Rent payable under this Lease) shall be no obligation on abated proportionately and equitably during any period when the Leased Premises or any material part of the Landlord thereof are untenantable due to repair if there is less than two (2) years remaining in the Term at the time of any such damage or destruction, to such event, the Landlord shall be entitled to, at its option, terminate this Lease, exercise its option as provided in Section 14.4 hereof or repair the damage and destruction in the manner as provided in this Subsection 14.1.