Exceptions to Obligation to Rebuild. Despite Section 9.1, this Lease may be terminated by Landlord in any of the following situations:
Exceptions to Obligation to Rebuild. Notwithstanding the above, this Lease may be terminated by Lessor in any of the following situations:
Exceptions to Obligation to Rebuild. Notwithstanding the foregoing, however, if the Building is damaged as a result of flood, earthquake, nuclear radiation or contamination, act of war or other risk which is not covered by Landlord's insurance, or if the Premises or the Building are damaged to the extent of thirty-three and one third percent (33-1/3%) or more of their then replacement value, or if the repair of the Premises, or the Building, would require more than one hundred twenty (120) days, Landlord shall either terminate this Lease upon written notice given to Tenant within forty-five (45) days following such casualty or commence as soon as is reasonably possible the restoration of the Building.
Exceptions to Obligation to Rebuild. Notwithstanding the provisions of paragraph A of this Article, if substantial alteration or reconstruction of the Building shall, in the opinion of Landlord, be required as a result of damage by fire or other cause (whether or not the demised premises shall have been damaged by such fire or other cause and whether or not such damage is covered by insurance carried by Landlord), or if the proceeds of available insurance are less than one hundred percent (100%) of the cost of restoration, or if the damage to the demised premises or the Building is a result of an uninsured risk, then this Lease and the term and estate hereby granted may be terminated by Landlord by its giving to Tenant, within one hundred twenty (120) days after the date of such damage, a notice specifying a date, not less than sixty (60) days after giving of such notice, for such termination. In the event of the giving of such notice of termination, this Lease and the term and estate hereby granted shall cease and terminate as of the date specified therefor in such notice, and the fixed monthly rental and all other rental payable hereunder shall be prorated as of the date of termination. Additionally, it is agreed that if the demised premises or the Building is so substantially destroyed that reconstruction cannot be substantially completed within one hundred twenty (120) days from the date of destruction, Tenant may elect to terminate this Lease by giving Landlord written notice of such election within sixty (60) days after the date of such damage. Such termination shall be effective as of the date specified in such notice, which date shall not be less than sixty (60) days after said notice. Notwithstanding the foregoing, in the event that the demised premises are not damaged but the Building is substantially destroyed, Tenant shall have the above termination rights only in the event that said destruction of the Building (considering all relevant factors) results in the demised premises being unsuitable for normal commercial purposes.
Exceptions to Obligation to Rebuild. Notwithstanding the provisions of Section 14.1 above, if substantial alteration or reconstruction of the Building shall be required as a result of damage by fire or other casualty (whether or not the Premises shall have been damaged by such fire or other casualty and whether or not such damage is covered by insurance carried by Landlord), or if the proceeds of available insurance are less than 100% of the cost of restoration, or if the damage to the Premises or Building is a result of an uninsured risk, then this Lease and the term and estate hereby granted may be terminated by Landlord by its giving to Tenant within 90 days after the date of such damage a notice specifying a date, not less than 30 days after the giving of such notice, for such termination. In the event of the giving of such notice of termination, this Lease and the term and estate hereby granted shall cease and terminate as of the date specified therefor in such notice, and the Basic Rent payable hereunder shall be prorated as of the date of such damage.
