Common use of Exceptions to Landlord’s Obligations Clause in Contracts

Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article 16, Landlord shall have no obligation to repair the Premises and shall have the right to terminate this Lease in any case where (a) any portion of the Premises is damaged and (b) (i) Landlord estimates in good faith that the repair and restoration of such damage under Section 16.1 (“Restoration”) cannot reasonably be completed (without the payment of overtime) within one hundred eighty (180) days of Landlord’s actual discovery of such damage, (ii) the Mortgagee requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Mortgagee, (iii) the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and payments received by Landlord from Tenant, or (iv) such Casualty occurs (or Landlord discovers the damage relating thereto) at any time within the last eighteen (18) months of the then applicable Term (disregarding the Option Period), unless Tenant exercises its Option to Extend the Lease within thirty (30) days after the Casualty. Such right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following the Casualty until forty-five (45) days following the later of (x) delivery of the Damage Notice or (y) Landlord’s discovery or determination of any of the events described in clauses (i) through (v) of the preceding sentence and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days thereafter).

Exceptions to Landlord’s Obligations. 12.2.1 Notwithstanding anything to the contrary contained in this Article 1612, Landlord shall have no obligation to repair the Premises and shall have the right to terminate this Lease in any case where (a) any portion of the Premises or any material portion of the Project is damaged and (b) (i) Landlord reasonably estimates in good faith that the repair and restoration of such damage under Section 16.1 12.1 (“Restoration”) cannot reasonably be completed (without the payment of overtime) within one two hundred eighty seventy (180270) days of Landlord’s actual discovery (or for any Casualty that occurs during the last twelve (12) months of such damagethe Term (disregarding the Renewal Term if the Renewal Option has not been exercised), within ninety (90) days of) the date Landlord is informed of the Casualty, or (ii) the Mortgagee requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Mortgagee, (iii) the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and and/or payments received by Landlord from Tenant, or (iv) such Casualty occurs (or Landlord discovers the damage relating thereto) at any time within the last eighteen (18) months of the then applicable Term (disregarding the Option Period), unless Tenant exercises its Option to Extend the Lease within thirty (30) days after the Casualtytenants. Such right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following the Casualty until forty-five thirty (4530) days following the later of (xX) delivery of the Damage Notice or (yY) Landlord’s discovery or determination of any of the events described in clauses (i) through (vii) of the preceding sentence and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days thereafter). 12.2.2 Notwithstanding anything to the contrary contained in this Article 12, following a Casualty that affects the Premises or access to the Premises in a manner that materially and substantially interferes with Tenant’s ability to conduct its business in the Premises, if (i) the Restoration Estimate indicates that Landlord cannot complete the Restoration within two hundred seventy (270) days (or if the Casualty occurs during the last twelve (12) months of the Term (disregarding the Renewal Term if the Renewal Option has not been exercised), within ninety (90) days) after the date Landlord is informed of the Casualty, Tenant shall have the right to terminate this Lease upon written notice to Landlord within fifteen (15) days after Tenant’s receipt of the Restoration Estimate, in which case this Lease shall terminate on the date set forth in Tenant’s notice (which termination date shall not be later than sixty (60) days following the date of delivery of Tenant’s notice to Landlord) as if such date were the Expiration Date of the Lease or (ii) if Landlord does not elect to terminate this Lease under Section 12.2.1, above and Tenant does not elect to terminate this Lease under clause (i), above and Landlord does not substantially complete the Restoration on or before the date (the “Outside Completion Date”) which is the later of (a) two hundred seventy (270) days after the date Landlord is informed of the Casualty and (b) ninety (90) days after the date set forth in the Restoration Notice, and if the damage not repaired on the Outside Completion Date renders a substantial part of the Premises untenantable for the Permitted Use, then Tenant shall have the right to terminate this Lease upon thirty (30) days written notice delivered to Landlord at any time on or before the date on which Landlord substantially completes the Restoration, in which case, if Tenant so delivers such notice of termination, this Lease shall terminate unless Landlord substantially completes the Restoration on or before the date that is thirty (30) days after the date on which it receives such notice.

Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article 1617, Landlord shall have no obligation to repair the Premises and shall have the right to terminate this Lease in any case where (a) any portion of the Premises or any material portion of the Project is materially damaged and (b) (i) Landlord estimates in good faith that the repair and restoration Restoration of such damage under Section 16.1 (“Restoration”) 17.01 cannot reasonably be completed (without the payment of overtime) within one two hundred eighty ten (180210) days of Landlord’s actual discovery of such damage, (ii) the Mortgagee Holder of any Security Document requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such MortgageeSecurity Document, (iii) the cost of such Restoration less Landlord’s deductible payment is not fully covered by insurance proceeds available to Landlord and and/or payments received by Landlord from Tenanttenants, (iv) Tenant shall be entitled to an abatement of rent under this Article 17 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term, or (ivv) such Casualty occurs (or Landlord discovers the damage relating thereto) at any time within the last eighteen (18) months of the then applicable Term (disregarding the Option PeriodExtension Terms if any), unless Tenant exercises its Option the Casualty affects the Premises (or any material portion thereof) or access thereto or Landlord’s ability to Extend provide services thereto sufficient to allow the Lease within thirty Premises to be operated for the permitted use hereunder and the repair of such damage is anticipated to take in excess of one hundred twenty (30120) days after the Casualtydays. Such right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following the Casualty until forty-five ninety (4590) days following the later of (x) delivery of the Damage Notice or (y) Landlord’s discovery or determination of any of the events described in clauses (i) through (v) of the preceding sentence and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days thereafter).

Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article 1612, Landlord shall have no obligation to repair the Premises and shall have the right to terminate this Lease in any case where (a) any portion of the Premises or any material portion of the Project is damaged and (b) (i) Landlord estimates in good faith that the repair and restoration of such damage under Section 16.1 12.1 (“Restoration”"RESTORATION") cannot reasonably be completed (without the payment of overtime) within one hundred eighty (180) days of Landlord’s 's actual discovery of such damage, (ii) the Mortgagee Holder of any Security Document requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such MortgageeSecurity Document, (iii) the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and payments received by Landlord from Tenanttenants, (iv) Tenant shall be entitled to an abatement of rent under this Article 12 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term, or (ivv) such Casualty occurs (or Landlord discovers the damage relating thereto) at any time within the last eighteen (18) months of the then applicable Term (disregarding the Option PeriodExtension Terms if any), unless Tenant exercises its Option to Extend the Lease within thirty (30) days after the Casualty. Such right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following the Casualty until forty-five (45) days following the later of (x) delivery of the Damage Notice or (y) Landlord’s 's discovery or determination of any of the events described in clauses (i) through (v) of the preceding sentence and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days thereafter).

Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article 1612, Landlord shall have no obligation may elect not to repair rebuild and/or restore the Premises and/or Project, and shall have the right to instead terminate this Lease Lease, by notifying Tenant in writing of such termination within sixty (60) days after the date of discovery of the damage, such notice to include a termination date giving Tenant at least sixty (60) days to vacate the Premises, but Landlord may so elect only if Landlord terminates all leases of similarly-situated Tenants in the Project, in any case where (a) any portion of the Premises or any material portion of the Project is damaged and (b) ) (i) Landlord reasonably estimates in good faith that the repair and restoration of such damage under Section 16.1 12.1 (“"Restoration”") cannot reasonably be completed (without the payment of overtime) within one hundred eighty (180) days of Landlord’s 's actual discovery of such damage, (ii) the Mortgagee Holder of any Security Document requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such MortgageeSecurity Document, (iii) the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and and/or payments received by Landlord from Tenanttenants, (iv) Tenant shall be entitled to an abatement of rent under this Article 12 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term, or (ivv) such Casualty occurs (or Landlord discovers the damage relating thereto) at any time within the last eighteen (18) months of the then applicable Term (disregarding Extension Terms if any). If Landlord does not elect to terminate this Lease pursuant to Landlord's termination right as provided above, and the Option Period)repairs cannot, unless Tenant exercises its Option to Extend in the reasonable opinion of Landlord as specified in Landlord's Repair Notice, be completed within one hundred eighty (180) days after the date of the Casualty, or the Casualty occurs during the last twelve (12) months of the Lease Term and will take longer than thirty (30) days to repair, Tenant may elect to terminate this Lease by written notice to Landlord delivered within thirty (30) days after delivery of Landlord's Repair Notice and effective as of the date specified in Tenant's notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant. Furthermore, if neither Landlord nor Tenant has terminated this Lease, and the repairs are not substantially completed within two hundred seventy (270) days after being commenced, Tenant shall have the right to terminate this Lease during the first five (5) business days of each calendar month following the end of such period until such time as the repairs are substantially complete, by notice to Landlord (the "Damage Termination Notice"), effective as of a date set forth in the Damage Termination Notice (the "Damage Termination Date"), which Damage Termination Date shall not be less than ten (10) business days following the end of each such month. At any time, from time to time, after the date occurring sixty (60) days after the date of the Casualty, Tenant may request that Landlord inform Tenant of Landlord's reasonable opinion of the date of completion of the repairs and Landlord shall respond to such request within five (5) business days. Such Landlord's right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following the Casualty until forty-five (45) days following the later of (xX) delivery of the Damage Notice or (yY) Landlord’s 's discovery or determination of any of the events described in clauses (i) through (v) of the preceding sentence above and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days thereafter). Upon the effective date of termination pursuant to this Article 12, all obligations thereafter arising under this Lease, including, but not limited to the obligation to pay Rent shall likewise terminate, and Landlord shall return the Security Deposit to Tenant subject to the provisions of Article 6.