Common use of Excessive Damage or Destruction Clause in Contracts

Excessive Damage or Destruction. If the Building is damaged or destroyed to the extent that it cannot within Landlord’s reasonable discretion, with reasonable diligence, be fully repaired or restored by Landlord (including all Tenant Improvements other than property owned by Tenant, including, without limitation, Tenant’s furniture, fittings, installations, cabling, fixtures and personal property) within the earlier of (i) two hundred seventy (270) days after the date of the damage or destruction, or (ii) the expiration of the Term hereof, Landlord shall notify Tenant of the date Landlord anticipates that such repairs will be complete (the “Maximum Restoration Period”) within thirty (30) days of the date of the damage or destruction; provided, that if Landlord is legally prohibited from having access to the Building after such damage or destruction, such thirty (30) day period shall be tolled one day for each date that Landlord is legally prohibited from accessing the Building. Within thirty (30) days of such notice, either Landlord or Tenant may terminate this Lease by written notice to the other. If this Lease is not so terminated, this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible and if Landlord contemplates that such repairs will be completed within two hundred seventy (270) days of the date of the damage or destruction, Tenant may request in writing that Landlord notify Tenant of the anticipated length of the Maximum Restoration Period. If at any time after Landlord has commenced repairs on the Building, Landlord forms a good faith belief that Landlord will not be able to complete the repairs within the Maximum Restoration Period, Landlord shall send Tenant a notice estimating the additional period beyond the Maximum Restoration Period that will be necessary to complete repairs. If such additional period exceeds thirty (30) days beyond the end of the Maximum Restoration Period, then Tenant shall have, for a period of ten (10) calendar days after such notice, the right to elect to terminate this Lease by delivering written notice to Landlord. If Tenant elects to terminate, this Lease shall terminate as of the date of Tenant’s notice. If Tenant does not timely elect to terminate, this Lease shall remain in full force and effect, and Landlord shall complete repairs as soon as reasonably practicable.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that it Landlord determines that such damage or destruction cannot within Landlord’s reasonable discretionnot, with reasonable diligence, be fully repaired or restored by Landlord (including all Tenant Improvements other than property owned by Tenant, including, without limitation, Tenant’s furniture, fittings, installations, cabling, fixtures and personal property) within the earlier of (i) two one hundred seventy eighty (270180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or (ii) the expiration of the Term hereof, Landlord shall notify Tenant of the date Landlord anticipates if it is determined that such repairs will repair or restoration cannot be complete (made by the “Maximum Restoration Period”) within thirty (30) days of the date of the damage or destruction; providedRepair Date but Landlord does not elect to terminate, that if Landlord is legally prohibited from having access to the Building after such damage or destruction, such thirty (30) day period shall be tolled one day for each date that Landlord is legally prohibited from accessing the Building. Within thirty (30) days of such notice, either Landlord or Tenant may terminate this Lease by written notice to the other. If this Lease is not so terminated, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible and if possible. If Landlord contemplates that such repairs will be completed within two hundred seventy (270) days of the date of is delayed from repairing and/or restoring the damage to the Premises within twelve (12) months after the occurrence of such damage or destructiondestruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process), Landlord or Tenant may request in writing that Landlord notify Tenant of the anticipated length of the Maximum Restoration Period. If at any time after Landlord has commenced repairs on thereafter (but prior to the Building, Landlord forms a good faith belief that Landlord will not be able to complete the repairs within the Maximum Restoration Period, Landlord shall send Tenant a notice estimating the additional period beyond the Maximum Restoration Period that will be necessary to complete repairs. If such additional period exceeds thirty (30substantial completion of said repair and/or restoration by Landlord) days beyond the end of the Maximum Restoration Period, then Tenant shall have, for a period of terminate this Lease by ten (10) calendar days after such notice, the right to elect to terminate this Lease by delivering prior written notice to Landlord. If the other, whereupon Landlord and Tenant elects to terminate, shall (except as otherwise expressly provided in this Lease shall terminate as of the date of Tenant’s notice. If Tenant does not timely elect to terminate, Lease) be released from any further obligations under this Lease shall remain in full force and effect, and Landlord shall complete repairs as soon as reasonably practicableLease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that it Landlord determines that such damage or destruction cannot within Landlord’s reasonable discretionnot, with reasonable diligence, be fully repaired or restored by Landlord (including all Tenant Improvements other than property owned by Tenant, including, without limitation, Tenant’s furniture, fittings, installations, cabling, fixtures and personal property) within the earlier of (i) two one hundred seventy eighty (270180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease as of the date such damage or destruction occurred, whereupon Landlord and Tenant (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or (ii) the expiration of the Term hereof, Landlord shall notify Tenant of the date Landlord anticipates if it is determined that such repairs will repair or restoration cannot be complete (made by the “Maximum Restoration Period”) within thirty (30) days of the date of the damage or destruction; providedRepair Date but Landlord does not elect to terminate, that if Landlord is legally prohibited from having access to the Building after such damage or destruction, such thirty (30) day period shall be tolled one day for each date that Landlord is legally prohibited from accessing the Building. Within thirty (30) days of such notice, either Landlord or Tenant may terminate this Lease by written notice to the other. If this Lease is not so terminated, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible and if possible. If Landlord contemplates that such repairs will be completed is delayed from repairing and/or restoring the damage to the Premises within two hundred seventy (270) days after the occurrence of the date of the such damage or destructiondestruction (subject to extension for Force Majeure, as described in Section 18.23 below), Landlord or Tenant may request in writing that Landlord notify Tenant of the anticipated length of the Maximum Restoration Period. If at any time after Landlord has commenced repairs on thereafter (but prior to the Building, Landlord forms a good faith belief that Landlord will not be able to complete the repairs within the Maximum Restoration Period, Landlord shall send Tenant a notice estimating the additional period beyond the Maximum Restoration Period that will be necessary to complete repairs. If such additional period exceeds thirty (30substantial completion of said repair and/or restoration by Landlord) days beyond the end of the Maximum Restoration Period, then Tenant shall have, for a period of terminate this Lease by ten (10) calendar days after such notice, the right to elect to terminate this Lease by delivering prior written notice to Landlord. If the other, whereupon Landlord and Tenant elects to terminate, shall (except as otherwise expressly provided in this Lease shall terminate as of the date of Tenant’s notice. If Tenant does not timely elect to terminate, Lease) be released from any further obligations under this Lease shall remain in full force and effect, and Landlord shall complete repairs as soon as reasonably practicableLease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that it Landlord determines that such damage or destruction cannot within Landlord’s reasonable discretionnot, with reasonable diligence, be fully repaired or restored by Landlord (including all Tenant Improvements other than property owned by Tenant, including, without limitation, Tenant’s furniture, fittings, installations, cabling, fixtures and personal property) within the earlier of (i) two one hundred seventy eighty (270180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall reasonably determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's reasonable determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or (ii) the expiration of the Term hereof, Landlord shall notify Tenant of the date Landlord anticipates if it is determined that such repairs will repair or restoration cannot be complete (made by the “Maximum Restoration Period”) within thirty (30) days of the date of the damage or destruction; providedRepair Date but Landlord does not elect to terminate, that if Landlord is legally prohibited from having access to the Building after such damage or destruction, such thirty (30) day period shall be tolled one day for each date that Landlord is legally prohibited from accessing the Building. Within thirty (30) days of such notice, either Landlord or Tenant may terminate this Lease by written notice to the other. If this Lease is not so terminated, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible and if possible. If Landlord contemplates that such repairs will be completed is delayed from repairing and/or restoring the damage to the Premises within two hundred seventy (270) days after the occurrence of the date of the such damage or destructiondestruction (subject to extension for Force Majeure, as described in Section 18.23 below), Landlord or Tenant may request in writing that Landlord notify Tenant of the anticipated length of the Maximum Restoration Period. If at any time after Landlord has commenced repairs on thereafter (but prior to the Building, Landlord forms a good faith belief that Landlord will not be able to complete the repairs within the Maximum Restoration Period, Landlord shall send Tenant a notice estimating the additional period beyond the Maximum Restoration Period that will be necessary to complete repairs. If such additional period exceeds thirty (30substantial completion of said repair and/or restoration by Landlord) days beyond the end of the Maximum Restoration Period, then Tenant shall have, for a period of terminate this Lease by ten (10) calendar days after such notice, the right to elect to terminate this Lease by delivering prior written notice to Landlord. If the other, whereupon Landlord and Tenant elects to terminate, shall (except as otherwise expressly provided in this Lease shall terminate as of the date of Tenant’s notice. If Tenant does not timely elect to terminate, Lease) be released from any further obligations under this Lease shall remain in full force and effect, and Landlord shall complete repairs as soon as reasonably practicableLease.