FIRE OR OTHER CASUALTY DAMAGE. If any portion of the Premises shall be destroyed or damaged by fire or any other casualty, Tenant shall immediately give notice thereof to Landlord. If any portion of the Premises or Project shall be destroyed or damaged by fire or any other casualty then, at the option of Landlord, Landlord may restore and repair the portion of the Premises or Project damaged and, if the Premises are rendered untenantable in whole or in part by reason of such casualty as determined by Landlord in its commercially reasonable judgment, Tenant shall be entitled to an equitable abatement of the Rent hereunder (subject to the limitation in SECTION 7.3(b) below) until such time as the damaged portion of the Premises (exclusive of any of Tenant's Property or Tenant's improvements) are repaired or restored by Landlord to the extent required hereby or Landlord may terminate this Lease whereupon all Rent accrued up to the time of such damage or destruction and any other sums due and owing shall be paid by Tenant to Landlord (less any sums then due and owing Tenant by Landlord) and any remaining sums due and owing by Landlord to Tenant shall be paid to Tenant. In no event shall Landlord have any obligation to repair or restore any such destruction or damage.
FIRE OR OTHER CASUALTY DAMAGE. A. If the Project or any part thereof is damaged or destroyed by fire or other casualty. Landlord shall have the right to terminate this Lease, provided it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty and this Lease is not thereby terminated. Landlord shall, at its expense, restore the Premises, exclusive of any improvements or other changes made to the Premises by Tenant, to as near the condition which existed immediately prior to such damage or destruction as reasonably possible, and rent shall xxxxx during such period of times as the Premises are untenantable in the proportion that the untenantable portion of the Premises bears to the entire Premises. Landlord shall not be responsible to Tenant for damage to, or destruction of, any furniture, equipment, improvements or other changes made by Tenant in, or about the Premises regardless of the cause of the damage or destruction.
FIRE OR OTHER CASUALTY DAMAGE. A. If the Premises or any part of it becomes so damaged by fire, earthquake, other casualty, or structural defects that it cannot be used for Lessee's business purposes, then Lessee may without penalty terminate this lease by giving Lessor five days’ notice. Lessor shall refund Lessee any unearned rent paid if Lessee so terminates.
FIRE OR OTHER CASUALTY DAMAGE. If (i) Landlord determines that the casualty damage is of a nature or extent that, in Landlord’s reasonable judgment, the repair and restoration work would require more than one hundred eighty (180) consecutive days to complete after the casualty (assuming normal work crews not engaged in overtime), or (ii) more than thirty percent (30%) of the total area of the Building is extensively damaged, or (iii) the casualty occurs in the last Lease Year of the Term and Tenant has not exercised a renewal right or (iv) insurance proceeds are unavailable or insufficient (a “Termination Event”), Landlord or Tenant (unless the damage was caused by Tenant or Tenant’s agents, employees, contractors or invitees) shall have the right to terminate this Lease and all the unaccrued obligations of the parties hereto, by sending written notice of such termination to the other party within thirty (30) days of the later of (i) the date of casualty or (ii) Tenant’s receipt of Landlord’s notice of a Termination Event. Landlord shall provide notice of (i) and (ii) in the preceding sentence within sixty (60) days of the occurrence of the casualty. Such notice shall specify a termination date no less than fifteen (15) days after its transmission. In the event of damage or destruction to the Premises or any part thereof and neither party has terminated this Lease, Tenant’s obligation to pay Fixed Rent and Additional Rent shall be equitably adjusted or abated for such time as the Premises is not capable of being used by Tenant for its Permitted Use. Provided the casualty was not caused by Tenant, Tenant shall have the right to terminate the Lease by sending written notice of termination to Landlord within thirty (30) days of the Outside Date (as hereinafter defined) if the repair and restoration work is not completed by such date. “Outside Date” means (i) if the Landlord estimated that the repair and restoration work would require less than 180 consecutive dates to complete, the 270th day after the date of such casualty, as extended by each day (not to exceed thirty (30) days) of force majeure delay or (ii) if Landlord estimated that the repair and restoration work would require more than 180 consecutive days to complete, and neither Landlord nor Tenant exercised its option to terminate pursuant to the first sentence, the date which is 90 days after the estimated completion date set forth in Landlord’s notice as extended by each day (not to exceed thirty (30) days) of force majeure dela...
FIRE OR OTHER CASUALTY DAMAGE. If any portion of the Subleased Premises shall be destroyed or damaged by fire or any other casualty or any other portion of the building such that Sublessee may not reasonably use the Subleased Premises, then Sublessee shall be entitled to an equitable abatement of the rent hereunder until such time as the damaged portion of the Subleased Premises are required or restored by Sublessor, and the Sublessee shall have the right to terminate this Sublease if such damage cannot be repaired or restored within 180 days after the date of such casualty.
FIRE OR OTHER CASUALTY DAMAGE
