Common use of Damage to or Destruction of the Premises Clause in Contracts

Damage to or Destruction of the Premises. Section 15.01 If the Premises or any part thereof shall be damaged or rendered Untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article, Landlord shall proceed, with reasonable diligence after the collection of the insurance proceeds attributable to such damage, to repair or cause to be repaired such damage to the Basic Construction of the Building. All other repairs required by reason of such casualty shall be performed by Tenant, at its sole cost and expense, promptly and with due diligence. Except as provided in Section 15.07, the rent shall be equitably abated to the extent that the Premises shall have been rendered Untenantable, such abatement to be from the date of such damage to the date the Premises shall no longer be Untenantable; provided, however, should Tenant reoccupy a portion of the Premises during the period the repair work is taking place and prior to the date the Premises are no longer Untenantable, the rent allocable to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy. Section 15.02 If the Premises shall be totally damaged or rendered wholly Untenantable by fire or other casualty, and Landlord has not terminated this Lease pursuant to Section 15.03 and Landlord has not completed the making of the required repairs to the Premises and access thereto within 9 months from the date of such damage or destruction and such additional time after such date (but in no event to exceed 3 months), as shall equal the aggregate period Landlord may have been delayed in doing so by Force Majeure or adjustment of insurance, Tenant, within 30 days after the date on which Landlord is required to complete the repairs pursuant to this Section, may serve notice on Landlord of its intention to terminate this Lease, and if within said 30 day period, Landlord shall not have substantially completed the making of the required repairs, this Lease shall terminate on the expiration of such 30 day period as if such termination date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s other rights and remedies under the terms of this Lease. Section 15.03 If the Premises shall be totally destroyed or rendered wholly Untenantable by fire or other casualty or if the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty), then in any such event Landlord may, at its option, terminate this Lease, by giving Tenant 30 days' notice of such termination, within 120 days after the date of such fire or other casualty. In the event that such notice of termination shall be given, this Lease shall terminate as of the date provided in such notice of termination (whether or not the Term shall have commenced) with the same affect as if that date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s rights and remedies under the terms of this Lease. If, at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair pursuant to Section 15.01, there shall be a Successor Landlord, such Successor Landlord shall have a further period of 60 days from the date of so taking possession to terminate this Lease by 30 days' notice to Tenant and in the event that such a notice of termination shall be given, this Lease shall terminate as of the date provided in such 30 day notice of termination (whether or not the Term shall have commenced) with the same effect as if that date were the Expiration Date without prejudice, however, to Landlord's (or Successor Landlord's) or Tenant’s rights and remedies under the terms of this Lease. Section 15.04 Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from any such damage by fire or other casualty or the repair thereof, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Landlord shall not be obligated to carry insurance of any kind on Tenant's Property or any improvements made at Tenant's sole cost and expense, and Landlord shall not be obligated to repair any damage thereto or replace the same, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Section 15.05 Except as expressly provided in Article 8, nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. Section 15.06 This Article shall be considered an express agreement governing any case of damage to or destruction of the Building or any part thereof by fire or other casualty, and Section 227 of the Real Property Law of the State of New York providing for such a contingency in the absence of such express agreement, and any other law of like import now or hereafter enacted, shall have no application in such case. Section 15.07 Notwithstanding any of the foregoing provisions of this Article, if, by reason of some action or inaction on the part of Tenant or any of its employees, agents, licensees or contractors, either (a) Landlord or the Superior Lessor, the Superior Mortgagee or the Fee Mortgagee shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building by fire or other casualty or (b) the Premises or the Building shall be damaged or destroyed or rendered completely or partially Untenantable on account of fire or other casualty then, without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.

Damage to or Destruction of the Premises. Section 15.01 16.1 If any Building or Improvement is destroyed or so damaged so as to render the Premises or any part thereof shall be damaged or rendered Untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article, Landlord shall proceed, with reasonable diligence after the collection of the insurance proceeds attributable to such damage, to repair or cause to be repaired such damage to the Basic Construction of the Building. All other repairs required by reason of such casualty shall be performed by Tenant, at its sole cost and expense, promptly and with due diligence. Except as provided in Section 15.07untenantable, the rent shall be equitably abated to Tenant will advise the extent that the Premises shall have been rendered Untenantable, such abatement to be from Council within three (3) months of the date of such the destruction or damage whether the Tenant wishes to restore its Buildings and Improvements. The Tenant will provide the Council with reasonable evidence that it has the funds and is able to obtain all the necessary permits and consents to carry out the work. This Lease will continue and the Tenant will promptly restore its Buildings and Improvements within a reasonable period, if the Council advises the Tenant (in writing) that the Council is reasonably satisfied that the Tenant is able to do so. The Tenant will comply with clause 18.1 in relation to the date restoration work. 16.2 This Lease will end at the Premises shall no longer be Untenantable; provided, however, should Tenant reoccupy a portion end of the Premises during the three (3) month period the repair work is taking place and prior to the date the Premises are no longer Untenantable, the rent allocable to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy. Section 15.02 If the Premises shall be totally damaged or rendered wholly Untenantable by fire or other casualty, and Landlord has not terminated this Lease pursuant to Section 15.03 and Landlord has not completed the making of the required repairs to the Premises and access thereto within 9 months from the date of such damage or destruction and such additional time after such date (but in no event to exceed 3 months), as shall equal the aggregate period Landlord may have been delayed in doing so by Force Majeure or adjustment of insurance, Tenant, within 30 days after the date on which Landlord is required to complete the repairs pursuant to this Section, may serve notice on Landlord of its intention to terminate this Lease, and if within said 30 day period, Landlord shall not have substantially completed the making of the required repairs, this Lease shall terminate on the expiration of such 30 day period as if such termination date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s other rights and remedies under the terms of this Lease. Section 15.03 If the Premises shall be totally destroyed or rendered wholly Untenantable by fire or other casualty or previous clause 16.1, if the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty), then in any such event Landlord may, at its option, terminate this Lease, by giving Tenant 30 days' notice of such termination, within 120 days after the date of such fire or other casualty. In the event that such notice of termination shall be given, this Lease shall terminate as of the date provided in such notice of termination (whether or not the Term shall have commenced) with the same affect as if that date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s rights and remedies under the terms of this Lease. If, at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair pursuant to Section 15.01, there shall be a Successor Landlord, such Successor Landlord shall have a further period of 60 days from the date of so taking possession to terminate this Lease by 30 days' notice to Tenant and in the event that such a notice of termination shall be given, this Lease shall terminate as of the date provided in such 30 day notice of termination (whether or not the Term shall have commenced) with the same effect as if that date were the Expiration Date without prejudice, however, to Landlord's (or Successor Landlord's) or Tenant’s rights and remedies under the terms of this Lease. Section 15.04 Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from any such damage by fire or other casualty or the repair thereof, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Landlord shall not be obligated to carry insurance of any kind on Tenant's Property or any improvements made at Tenant's sole cost and expense, and Landlord shall not be obligated to repair any damage thereto or replace the same, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Section 15.05 Except as expressly provided in Article 8, nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. Section 15.06 This Article shall be considered an express agreement governing any case of damage to or destruction of the Building or any part thereof by fire or other casualty, and Section 227 of the Real Property Law of the State of New York providing for such a contingency in the absence of such express agreement, and any other law of like import now or hereafter enacted, shall have no application in such case. Section 15.07 Notwithstanding any of the foregoing provisions of this Article, if, by reason of some action or inaction on the part of Tenant or any of its employees, agents, licensees or contractors, either following occur: (a) Landlord or the Superior Lessor, the Superior Mortgagee or the Fee Mortgagee shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building by fire or other casualty or Tenant does not give a notice under that clause; (b) the Premises or Tenant gives a notice that it does not wish to restore its Buildings and Improvements; or (c) the Building shall Council is not reasonably satisfied the Tenant is able to promptly restore its Buildings and Improvements within a reasonable period, and advises the Tenant in writing accordingly. Any termination under this clause will be damaged or destroyed or rendered completely or partially Untenantable on account of fire or other casualty then, without prejudice to the rights of either party against the other. 16.3 The Tenant will with all reasonable speed repair damage, or reinstate the area affected, if any Building or Improvement is damaged, but the Premises are still tenantable. However, either party will be entitled to end this Lease by notice in writing to the other, if the Tenant, cannot obtain all the necessary permits and consents for the work within a reasonable period, or does not complete the required works within a reasonable period. 16.4 In the event of any destruction or damage to the Buildings or any other remedy which may be available against Tenant, chattels or fixtures whatsoever in or on the abatement of rent provided for in this Article Site the Tenant or any one claiming under the Tenant shall not be effective entitled to any compensation or payment whatsoever from the extent of the uncollected insurance proceedsCouncil.

Damage to or Destruction of the Premises. Section 15.01 14.1 If any Building or Improvement is destroyed or so damaged so as to render the Premises or any part thereof shall be damaged or rendered Untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article, Landlord shall proceed, with reasonable diligence after the collection of the insurance proceeds attributable to such damage, to repair or cause to be repaired such damage to the Basic Construction of the Building. All other repairs required by reason of such casualty shall be performed by Tenant, at its sole cost and expense, promptly and with due diligence. Except as provided in Section 15.07untenantable, the rent shall be equitably abated to Tenant will advise the extent that the Premises shall have been rendered Untenantable, such abatement to be from Council within 3 months of the date of such the destruction or damage whether the Tenant wishes to restore its Buildings and Improvements. The Tenant will provide the Council with reasonable evidence that it has the funds and is able to obtain all the necessary permits and consents to carry out the work. This Lease will continue and the Tenant will promptly restore its Buildings and Improvements within a reasonable period, if the Council advises the Tenant (in writing) that the Council is reasonably satisfied that the Tenant is able to do so. The Tenant will comply with clause 15.1 in relation to the date restoration work. 14.2 This Lease will end at the Premises shall no longer be Untenantable; provided, however, should Tenant reoccupy a portion end of the Premises during 3-month period under the period previous clause 14.1, if any of the following occur: 14.2.1 the Tenant does not give a notice under that clause; 14.2.2 the Tenant gives a notice that it does not wish to restore its Buildings and Improvements; or 14.2.3 the Council is not reasonably satisfied the Tenant is able to promptly restore its Buildings and Improvements within a reasonable period, and advises the Tenant in writing accordingly. 14.3 The Tenant will with all reasonable speed repair work damage, or reinstate the area affected, if any Building or Improvement is taking place and prior to the date damaged, but the Premises are no longer Untenantablestill tenantable. However, the rent allocable either party will be entitled to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy. Section 15.02 If the Premises shall be totally damaged or rendered wholly Untenantable by fire or other casualty, and Landlord has not terminated this Lease pursuant to Section 15.03 and Landlord has not completed the making of the required repairs to the Premises and access thereto within 9 months from the date of such damage or destruction and such additional time after such date (but in no event to exceed 3 months), as shall equal the aggregate period Landlord may have been delayed in doing so by Force Majeure or adjustment of insurance, Tenant, within 30 days after the date on which Landlord is required to complete the repairs pursuant to this Section, may serve notice on Landlord of its intention to terminate this Lease, and if within said 30 day period, Landlord shall not have substantially completed the making of the required repairs, this Lease shall terminate on the expiration of such 30 day period as if such termination date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s other rights and remedies under the terms of this Lease. Section 15.03 If the Premises shall be totally destroyed or rendered wholly Untenantable by fire or other casualty or if the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty), then in any such event Landlord may, at its option, terminate this Lease, by giving Tenant 30 days' notice of such termination, within 120 days after the date of such fire or other casualty. In the event that such notice of termination shall be given, this Lease shall terminate as of the date provided in such notice of termination (whether or not the Term shall have commenced) with the same affect as if that date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s rights and remedies under the terms of this Lease. If, at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair pursuant to Section 15.01, there shall be a Successor Landlord, such Successor Landlord shall have a further period of 60 days from the date of so taking possession to terminate end this Lease by 30 days' notice to Tenant and in the event that such a notice of termination shall be given, this Lease shall terminate as of the date provided in such 30 day notice of termination (whether or not the Term shall have commenced) with the same effect as if that date were the Expiration Date without prejudice, however, to Landlord's (or Successor Landlord's) or Tenant’s rights and remedies under the terms of this Lease. Section 15.04 Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury writing to the business of other, if the Tenant resulting in any way from any such damage by fire or other casualty or cannot obtain all the repair thereof, except to necessary permits and consents for the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Landlord shall not be obligated to carry insurance of any kind on Tenant's Property or any improvements made at Tenant's sole cost and expense, and Landlord shall not be obligated to repair any damage thereto or replace the same, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconductwork within a reasonable period. Section 15.05 Except as expressly provided in Article 8, nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. Section 15.06 This Article shall be considered an express agreement governing any case of damage to or destruction of the Building or any part thereof by fire or other casualty, and Section 227 of the Real Property Law of the State of New York providing for such a contingency in the absence of such express agreement, and any other law of like import now or hereafter enacted, shall have no application in such case. Section 15.07 Notwithstanding any of the foregoing provisions of this Article, if, by reason of some action or inaction on the part of Tenant or any of its employees, agents, licensees or contractors, either (a) Landlord or the Superior Lessor, the Superior Mortgagee or the Fee Mortgagee shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building by fire or other casualty or (b) the Premises or the Building shall be damaged or destroyed or rendered completely or partially Untenantable on account of fire or other casualty then, without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.

Damage to or Destruction of the Premises. Section 15.01 If 13.1 The Tenant acknowledges for the Premises or any part thereof shall be damaged or rendered Untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision purposes of this Article, Landlord shall proceed, with reasonable diligence after the collection section 271(2) of the insurance proceeds attributable to such damageProperty Law Xxx 0000, to repair or cause to be repaired such damage to the Basic Construction of the Building. All other repairs that where required by reason of such casualty shall be performed by Tenant, at its sole cost and expense, promptly and with due diligence. Except as provided in Section 15.07under this Lease, the rent shall be equitably abated to Tenant will meet the extent that the Premises shall have been rendered Untenantable, such abatement to be from the date cost of such damage to the date the Premises shall no longer be Untenantable; provided, however, should Tenant reoccupy a portion of the Premises during the period the repair work is taking place and prior to the date the Premises are no longer Untenantable, the rent allocable to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy. Section 15.02 If the Premises shall be totally damaged or rendered wholly Untenantable by fire or other casualty, and Landlord has not terminated this Lease pursuant to Section 15.03 and Landlord has not completed the making of the required repairs to the Premises and access thereto within 9 months from the date of such good damage or destruction and such additional time after such date (but in no event to exceed 3 months), as shall equal the aggregate period Landlord may have been delayed in doing so by Force Majeure or adjustment of insurance, Tenant, within 30 days after the date on which Landlord is required to complete the repairs pursuant to this Section, may serve notice on Landlord of its intention to terminate this Lease, and if within said 30 day period, Landlord shall not have substantially completed the making of the required repairs, this Lease shall terminate on the expiration of such 30 day period as if such termination date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s other rights and remedies under the terms of this Lease. Section 15.03 If the Premises shall be totally destroyed or rendered wholly Untenantable by fire or other casualty or if the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty), then in any such event Landlord may, at its option, terminate this Lease, by giving Tenant 30 days' notice of such termination, within 120 days after the date of such fire or other casualty. In the event that such notice of termination shall be given, this Lease shall terminate as of the date provided in such notice of termination (whether or not the Term shall have commenced) with the same affect as if that date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s rights and remedies under the terms of this Lease. If, at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair pursuant to Section 15.01, there shall be a Successor Landlord, such Successor Landlord shall have a further period of 60 days from the date of so taking possession to terminate this Lease by 30 days' notice to Tenant and in the event that such a notice of termination shall be given, this Lease shall terminate as of the date provided in such 30 day notice of termination (whether or not the Term shall have commenced) with the same effect as if that date were the Expiration Date without prejudice, however, to Landlord's (or Successor Landlord's) or Tenant’s rights and remedies under the terms of this Lease. Section 15.04 Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from any such damage by fire or other casualty or the repair thereof, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Landlord shall not be obligated to carry insurance of any kind on Tenant's Property or any improvements made at Tenant's sole cost and expense, and Landlord shall not be obligated to repair any damage thereto or replace the same, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Section 15.05 Except as expressly provided in Article 8, nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Premises or the Building by fire or other casualty if Tenant shall be legally liable arising from an Excepted Event in such respect.any of the following circumstances: Section 15.06 This Article shall be considered an express agreement governing any case of 13.1.1 to the extent, but only to the extent, that: (a) the damage to or destruction arises from an Excepted Event; and (b) at the time when the damage or destruction occurs, the Council is not, in fact, entitled to be indemnified under a policy of insurance for the Building whole or any part thereof by fire or other casualty, and Section 227 of the Real Property Law destruction or damage; or 13.1.2 where the destruction or damage was intentionally done or caused by the Tenant or the Tenant’s Agent; or 13.1.3 where the destruction or damage was the result of an act or omission by the Tenant or the Tenant’s Agent that: (a) occurred on or about the Premises and Building or on or about the whole or any part of the State Reserve; and (b) constitutes an imprisonable offence ; or 13.1.4 where any insurance moneys that would otherwise have been payable to the Council for the destruction or damage are irrecoverable because of New York providing for such a contingency in the absence act or omission of such express agreement, and any other law of like import now the Tenant or hereafter enacted, shall have no application in such casethe Tenant’s Agent. Section 15.07 Notwithstanding 13.2 If any Building or Improvement is destroyed or so damaged so as to render the Premises untenantable, the Tenant will advise the Council within 3 months of the date of the destruction or damage whether the Tenant wishes to restore its Buildings and Improvements. The Tenant will provide the Council with reasonable evidence that it has the funds and is able to obtain all the necessary permits and consents to carry out the work. This lease will continue and the Tenant will promptly restore its Buildings and Improvements within a reasonable period, if the Council advises the Tenant (in writing) that the Council is reasonably satisfied that the Tenant is able to do so. The Tenant will comply with clause 14.1 in relation to the restoration work. 13.3 This lease will end at the end of the 3-month period under the previous clause 13.2, if any of the foregoing provisions of following occur: 13.3.1 the Tenant does not give a notice under that clause; 13.3.2 the Tenant gives a notice that it does not wish to restore its Buildings and Improvements; or 13.3.3 the Council is not reasonably satisfied the Tenant is able to promptly restore its Buildings and Improvements within a reasonable period, and advises the Tenant in writing accordingly. Any termination under this Article, if, by reason of some action or inaction on the part of Tenant or any of its employees, agents, licensees or contractors, either (a) Landlord or the Superior Lessor, the Superior Mortgagee or the Fee Mortgagee shall clause will be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building by fire or other casualty or (b) the Premises or the Building shall be damaged or destroyed or rendered completely or partially Untenantable on account of fire or other casualty then, without prejudice to the rights of either party against the other. 13.4 The Tenant will with all reasonable speed repair damage, or reinstate the area affected, if any other remedy which may Building or Improvement is damaged, but the Premises are still tenantable. However, either party will be available against Tenant, the abatement of rent provided for entitled to end this Lease by notice in this Article shall not be effective writing to the extent of other, if the uncollected insurance proceedsTenant cannot obtain all the necessary permits and consents for the work within a reasonable period. 13.5 Notwithstanding clause 13.2, 13.3 and 13.4 should the Tenant decide not to repair or reinstate the Buildings and Improvements, then the Tenant shall at their cost remove all Buildings and Improvements from the Premises.

Damage to or Destruction of the Premises. Section 15.01 If the Premises or any part thereof shall be damaged or rendered Untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article, Landlord shall proceed, with reasonable diligence after the collection of the insurance proceeds attributable to such damage, to repair or cause to be repaired such damage to the Basic Construction of the Building. All other repairs required by reason of such casualty shall be performed by Tenant, at its sole cost and expense, promptly and with due diligence. Except as provided in Section 15.07, the rent shall be equitably abated to the extent that the Premises shall have been rendered Untenantable, such abatement to be from the date of such damage to the date the Premises shall no longer be Untenantable; provided, however, should Tenant reoccupy a portion of the Premises during the period the repair work is taking place and prior to the date the Premises are no longer Untenantable, the rent allocable to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy. Section 15.02 If the Premises shall be totally damaged or rendered wholly Untenantable by fire or other casualty, and Landlord has not terminated this Lease pursuant to Section 15.03 and Landlord has not completed the making of the required repairs to the Premises and access thereto within 9 months from the date of such damage or destruction and such additional time after such date (but in no event to exceed 3 6 months), as shall equal the aggregate period Landlord may have been delayed in doing so by Force Majeure or adjustment of insurance, Tenant, within 30 days after the date on which Landlord is required to complete the repairs pursuant to this Section, may serve notice on Landlord of its intention to terminate this Lease, and if within said 30 day period, Landlord shall not have substantially completed the making of the required repairs, this Lease shall terminate on the expiration of such 30 day period as if such termination date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s other rights and remedies against Tenant under the terms of this Lease. Section 15.03 If the Premises shall be totally destroyed or rendered wholly Untenantable by fire or other casualty or if the Building shall be so damaged by fire or other casualty that substantial alteration or reconstruction of the Building shall, in Landlord's ’s sole opinion, be required (whether or not the Premises shall have been damaged by such fire or other casualty), then in any such event Landlord may, at its option, terminate this Lease, by giving Tenant 30 days' ’ notice of such termination, within 120 days after the date of such fire or other casualty. In the event that such notice of termination shall be given, this Lease shall terminate as of the date provided in such notice of termination (whether or not the Term shall have commenced) with the same affect as if that date were the Expiration Date without prejudice, however, to Landlord's or Tenant’s rights and remedies against Tenant under the terms of this Lease. If, at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair pursuant to Section 15.01, there shall be a Successor Landlord, such Successor Landlord shall have a further period of 60 days from the date of so taking possession to terminate this Lease by 30 days' ’ notice to Tenant and in the event that such a notice of termination shall be given, this Lease shall terminate as of the date provided in such 30 day notice of termination (whether or not the Term shall have commenced) with the same effect as if that date were the Expiration Date without prejudice, however, to Landlord's ’s (or Successor Landlord's’s) or Tenant’s rights and remedies against Tenant under the terms of this Lease. Section 15.04 Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from any such damage by fire or other casualty or the repair thereof, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Landlord shall not be obligated to carry insurance of any kind on Tenant's ’s Property or any improvements made at Tenant's ’s sole cost and expense, and Landlord shall not be obligated to repair any damage thereto or replace the same, except to the extent such fire or other casualty was caused by Landlord’s negligence or willful misconduct. Section 15.05 Except as expressly provided in Article 8, nothing herein contained shall relieve Tenant from any liability to Landlord or to its insurers in connection with any damage to the Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. Section 15.06 This Article shall be considered an express agreement governing any case of damage to or destruction of the Building or any part thereof by fire or other casualty, and Section 227 of the Real Property Law of the State of New York providing for such a contingency in the absence of such express agreement, and any other law of like import now or hereafter enacted, shall have no application in such case. Section 15.07 Notwithstanding any of the foregoing provisions of this Article, if, by reason of some action or inaction on the part of Tenant or any of its employees, agents, licensees or contractors, either (a) Landlord or the Superior Lessor, the Superior Mortgagee or the Fee Mortgagee shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building by fire or other casualty or (b) the Premises or the Building shall be damaged or destroyed or rendered completely or partially Untenantable on account of fire or other casualty then, without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in this Article shall not be effective to the extent of the uncollected insurance proceeds.