Common use of Greater Than 90 Days Clause in Contracts

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance date of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyedcasualty, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates of the Premisescasualty; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If , in which case Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared entitled to the total square footage of the floor area of the Premises) a proportionate abatement in Rent from the date Tenant vacates all or a portion of such damage until the Premises that was damaged only or Building is repaired to the extent rental abatement insurance proceeds are received by Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and only during the period making of such repairs shall interfere with the Premises are unfit for occupancyuse and occupancy by Tenant of the Premises. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction date of the portion of the Building or Premises which was damaged or destroyed casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premisesof termination; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage other than the deductible amount with respect to coverage on other than earthquake and flood (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area usability of the Premises that is damaged for the conduct of Tenant’s business (i.e., regardless of the number of square feet of floor area of the Premises that is damaged compared damaged, if Tenant cannot reasonably use all or a portion of the Premises for Tenant’s business conducted prior to the total square footage of the floor area of the Premisesdamage, rent shall be abated as to such portion that is not subject to reasonable use) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received if Landlord obtained the insurance required to be obtained by Landlord) and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten thirty (1030) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day periodprior to exercise of Tenant’s termination right, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after upon Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or the Building should be damaged by fire or other casualty but only to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance date of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyedsuch notice, then Landlord shall have the option ofof either: (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent payable hereunder shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the Premises, Premises to substantially the condition in which they existed prior to such damage provided that insurance proceeds are available to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent of rental abatement insurance proceeds are received by Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the rightmay, as at Tenant’s exclusive remedy's option, within ten thirty (1030) days after the expiration of such one hundred eighty (180) day periodperiod (as such period may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such termination notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyedKnowledge Date, then Landlord shall have the option option, in Landlord’s sole and absolute discretion, of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available (or would have been available had Landlord carried the insurance it is obligated to carry under this Lease) to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of at the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed Knowledge Date (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180eighty(180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for fully repair the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace any part of the Improvements which may have been placed in, on or about the Premises by or for the benefit of Tenant’s Property; provided, however, that Landlord shall rebuild, repair or replace such Improvements so long as Tenant provides to Landlord any insurance proceeds that it receives pursuant to such damage or destruction). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty days (180) days after the issuance of permits for the necessary repair or reconstruction date upon which Landlord is notified by Tenant of the portion of the Building or Premises which was damaged or destroyed casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Majeure, as hereinafter defined), ) and Tenant has not reoccupied re-occupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for fully repair the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace any part of the Excluded Improvements which may have been placed in, on or about the Premises by or for the benefit of Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty days (180) days after the issuance of permits for the necessary repair or reconstruction date upon which Landlord is notified by Tenant of the portion of the Building or Premises which was damaged or destroyed casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Majeure, as hereinafter defined), defined in the Work Letter) and Tenant has not reoccupied re-occupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s Xxxxxx's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s Xxxxxxxx's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged by fire or other casualty but only to such extent that rebuilding or repairs can in Landlord’s estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed180 days, then Landlord shall have the option ofof either: (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the PremisesPremises to substantially the condition in which they existed prior to such damage, provided that insurance proceeds are available available, to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent of rental abatement insurance proceeds are received by Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty days (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after LandlordXxxxxxxx’s receipt of such termination notice.

Greater Than 90 Days. If the Premises or the Building should be damaged by fire, tornado, earthquake or other casualty but only to such extent that rebuilding or repairs can in Landlord’s estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option of: of either (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the PremisesPremises to substantially the condition in which they existed prior to such damage, provided that insurance proceeds are available available, to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, Fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent of rental abatement insurance proceeds are received by the Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty days (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or for delays (but not by more than forty-five (45) days for such delays) because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after LandlordLxxxxxxx’s receipt of such termination notice.

Greater Than 90 Days. If the Premises or the Building should be damaged by fire, tornado, earthquake or other casualty but only to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option ofof either: (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the PremisesPremises to substantially the condition in which they existed prior to such damage, provided that insurance proceeds are available available, to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, Fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty days (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, 's option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such termination notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage Premises (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of at the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises or the applicable portion thereof are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined, of up to ninety (90) days), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: of (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only -------------------- to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for fully repair the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace any part of the Improvements which may have been placed In, on or about the Premises by or for the benefit of Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction date upon which Landlord is notified by Tenant of the portion of the Building or Premises which was damaged or destroyed casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Majeure, as hereinafter defined), ) and Tenant has not reoccupied re-occupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s Xxxxxx's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s Xxxxxxxx's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only -------------------- to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for fully repair the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace any part of the Improvements which may have been placed in, on or about the Premises by or for the benefit of Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction date upon which Landlord is notified by Tenant of the portion of the Building or Premises which was damaged or destroyed casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Majeure, as hereinafter defined), ) and Tenant has not reoccupied re-occupied the Premises, . Tenant shall have the right, as Tenant’s Xxxxxx's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s Xxxxxx's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s Xxxxxxxx's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only by Casualty to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than within one hundred eighty (180) days after the issuance date of such damage and receipt of required permits for the necessary repair such rebuilding or reconstruction of the portion of the Building or Premises which was damaged or destroyedrepair, then Landlord shall have the option ofof either: (a1) terminating the this Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates the Premisesunexpired portion of this Lease; or (b2) electing to rebuild or repair the PremisesPremises in the manner determined by Landlord. Notwithstanding the above, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, on or about the Premises by Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent of rental abatement insurance proceeds are received by Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction such damage and receipt of the portion of the Building or Premises which was damaged or destroyed (required permits, such period of time to be extended for delays caused by the fault or neglect of Tenant or otherwise by Tenant or because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, 's option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such termination notice.

Greater Than 90 Days. If the Premises or Building should be damaged by fire, tornado or other casualty but only to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option ofof either: (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the PremisesPremises to substantially the condition in which they existed prior to such damage, provided that insurance proceeds are available available, to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent of rental abatement insurance proceeds are received by Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty days (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, 's option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s Xxxxxxxx's receipt of such termination notice.

Greater Than 90 Days. If the Premises or Building or Project should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits Permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, the Building and the Project, provided insurance proceeds are available to pay for fully repair the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property's Property which may have been placed in, on or about the Premises by or for the benefit of Tenant). If Tenant is required to Tenant, in its reasonable discretion, determines that it must vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged vacated (i.e., the number of square feet of floor area of the Premises that is damaged vacated compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancyoccupancy as reasonably determined by Tenant. However if the Premises are damaged to such an extent that Tenant, in its reasonable discretion, determines that it cannot reasonably conduct its business in a substantial way, the Rent payable hereunder shall be abated during the period the Premises are in such condition as reasonably determined by Xxxxxx. In the event that Landlord should fail to obtain the Permits within 60 days after the date of the casualty, or to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits Permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed destroyed, (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Majeure, as hereinafter defined), ) and Tenant has not reoccupied re-occupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such 60 day period, or one hundred eighty (180) day period, as applicable, and provided that such Permits have not been issued, or such repairs have not been substantially completed (as applicable) within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon all rights this Lease will be terminated retroactive to the date of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such noticethe casualty.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s 's repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and damaged, but only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged not useable by Tenant for its business operations by reason of such damage (i.e., the number of square feet of floor area of the Premises that is damaged so rendered not useable by Tenant by reason of such damage compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received by Landlord had it carried rental abatement insurance with twelve (12) months of coverage) and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or the Building should be damaged by fire, tornado, earthquake or other casualty but only to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option ofof either: (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the PremisesPremises to substantially the condition in which they existed prior to such damage, provided that insurance proceeds are available available, to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, Fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent of rental abatement insurance proceeds are received by the Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty days (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or for delays (but not by more than forty-five (45) days for such delays) because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, 's option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt Landxxxx'x xeceipt of such termination notice.

Greater Than 90 Days. If the Premises or the Building should be damaged by fire, tornado, earthquake or other casualty but only to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option of: of either; (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the PremisesPremises to substantially the condition in which they existed prior to such damage, provided that insurance proceeds are available available, to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, Fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged proportionately; but only to the extent of rental abatement insurance proceeds are received by the Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty days (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or for delays (but not by more than forty-five (45) days for such delays) because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, 's option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt Landxxxx'x xeceipt of such termination notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or the Building should be damaged by fire, tornado, earthquake or other casualty but only to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyeddays, then Landlord shall have the option ofof either: (a1) terminating the Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates unexpired portion of the PremisesLease; or (b2) electing to rebuild or repair the PremisesPremises to substantially the condition in which they existed prior to such damage, provided that insurance proceeds are available available, to pay for fully repair the full repair of all damage (damage, except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property)any part of the partitions, Fixtures, additions and other improvements which may have been placed in, on or about the Premises. If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty eight days (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such damage, such period of time to be extended for delays caused by the fault or neglect of Tenant or because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, 's option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s exclusive Tenaxx'x xxclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s Landxxxx'x receipt of such termination notice.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (or would have been available had Landlord secured the insurance required under this Lease), except that Landlord shall not be required to rebuild, repair or replace Tenant’s 's Property). If Tenant is required to vacate all or a portion Tenant's use of the Premises during Landlord’s repair thereofis impaired by the damage or destruction, the Base Rent and Additional Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) or proportionate to the amount of impairment from the date Tenant vacates all or a portion of damage to the Premises that was damaged until repaired only to the extent rental abatement insurance proceeds are received by Landlord and only during the (or would have been received by Landlord if Landlord had carried rental abatement insurance with a coverage period the Premises are unfit for occupancyof twelve months). In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure (Events, as hereinafter defined; provided that any extension for Force Majeure Events shall not exceed 60 days in the aggregate), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s 's exclusive remedy, within ten (10) business days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) business day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s 's exclusive remedy, whereupon the Lease and all further rights of Tenant hereunder and obligations of the parties hereunder, terminate on the date specified by Tenant in its notice to Landlord (which date shall cease and terminate thirty not be more than sixty (3060) days after Landlord’s receipt from the date of such notice). In the event that after issuance permits for the necessary repair or reconstruction of the portion of the Premises which has been damaged or destroyed, Landlord fails to substantially complete such repairs within the 240 days after the issuance of those permits and Landlord has been delayed in that construction because of Force Majeure Events for a period in excess of 60 days, then Landlord may terminate this Lease by delivering written notice to Tenant.

Greater Than 90 Days. If the Premises or Building should be damaged only to such extent that rebuilding or repairs can reasonably be completed in more than ninety (90) days but in less than one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Base Rent shall be abated from the date Tenant vacates the Premises; or (b) electing to repair the Premises, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereof, the Base Rent payable hereunder shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged only to the extent rental abatement insurance proceeds are received by Landlord and only during the period the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the issuance of permits for the necessary repair or reconstruction of the portion of the Building or Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any items of Force Majeure Majeure, (as hereinafter defined), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedy, within ten (10) days after the expiration of such one hundred eighty (180) day period, and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice to Landlord as Tenant’s exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s receipt of such notice.

Greater Than 90 Days. If the Premises or Building should be damaged only by Casualty to such extent that rebuilding or repairs can in Landlord's estimation be reasonably be completed in more than ninety (90) days but in less than within one hundred eighty (180) days after the issuance date of such damage and receipt of required permits for the necessary repair such rebuilding or reconstruction of the portion of the Building or Premises which was damaged or destroyedrepair, then Landlord shall have the option ofof either: (a1) terminating the this Lease effective upon the date of the occurrence of such damage, in which event the Base Rent shall be abated from during the date Tenant vacates the Premisesunexpired portion of this Lease; or (b2) electing to rebuild or repair the PremisesPremises in the manner determined by Landlord. Notwithstanding the above, provided insurance proceeds are available to pay for the full repair of all damage (except that Landlord shall not be required to rebuild, repair or replace any part of the Alterations which may have been placed, on or about the Premises by Tenant’s Property). If Tenant is required to vacate all or a portion of the Premises during Landlord’s repair thereofare untenantable in whole or in part following such damage, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately on the basis of the size of the area of the Premises that is damaged (i.e.proportionately, the number of square feet of floor area of the Premises that is damaged compared to the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of the Premises that was damaged but only to the extent of rental abatement insurance proceeds are received by Landlord and only during the period time and to the extent the Premises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs and rebuilding within one hundred eighty (180) days after the issuance date upon which Landlord is notified by Tenant of permits for the necessary repair or reconstruction such damage and receipt of the portion of the Building or Premises which was damaged or destroyed (required permits, such period of time to be extended for delays caused by the fault or neglect of Tenant or otherwise by Tenant or because of acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, rainy or stormy weather, inability to obtain materials, supplies or fuels, or delays of the contractors or subcontractors or any items other causes or contingencies beyond the reasonable control of Force Majeure (as hereinafter defined), and Tenant has not reoccupied the PremisesLandlord, Tenant shall have the right, as may at Tenant’s exclusive remedy, 's option within ten (10) days after the expiration of such one hundred eighty (180) day periodperiod (as such may be extended), and provided that such repairs have not been substantially completed within such ten (10) day period, to terminate this Lease by delivering written notice of termination to Landlord as Tenant’s 's exclusive remedy, whereupon all rights of Tenant hereunder shall cease and terminate thirty (30) days after Landlord’s 's receipt of such termination notice.