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 date of casualty, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Rent shall be abated from the date of the casualty; 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), in which case Tenant shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises 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 the making of such repairs shall interfere with the use 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 date of the casualty (such period to be extended for delays caused by Tenant or because of any 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 date issuance of casualtypermits 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 of Tenant vacates the casualtyPremises; 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, in which case Tenant the Base Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty 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 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 of the casualtytermination; 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, in which case Tenant the Base Rent payable hereunder shall be entitled abated proportionately on the basis of the usability of the Premises 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, if Tenant cannot reasonably use all or a portion of the Premises for Tenant’s business conducted prior to a proportionate abatement in Rent the damage, 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 such damage until the Premises or Building is repaired but only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received had if Landlord carried rent abatement insurance). Any abatement of Rent pursuant obtained the insurance required to this Section 18.1.2 shall be made pro rata in accordance with obtained by Landlord) and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 Rent shall be abated from the date of the casualty; 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's use of the Premises is impaired by the damage or destruction, in which case Tenant Base Rent and Additional Rent payable hereunder shall be entitled 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 a the total square footage of the floor area of the Premises) or proportionate abatement in Rent to the amount of impairment from the date of such damage until to the Premises or Building is until repaired only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received by Landlord if Landlord had Landlord carried rent rental abatement insuranceinsurance with a coverage period of twelve months). 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 the making of such repairs shall interfere with the use 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 date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 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 date of casualtysuch damage and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of: of either: (a1) terminating the this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated from during the date unexpired portion of the casualtythis Lease; or 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent of rental abatement insurance proceeds are received by Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant during the time and to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (such damage and receipt of 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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 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 date of casualtydays, 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 Rent shall be abated from during the date unexpired portion of the casualtyLease; or 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent rental abatement insurance proceeds the Premises 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 the making of such repairs shall interfere with the use and occupancy by Tenant of the Premisesunfit 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 date upon which Landlord is notified by Tenant of the casualty (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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 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 date of casualtydays, 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 Rent shall be abated from during the date unexpired portion of the casualtyLease; or 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately; but only to the extent of rental abatement insurance proceeds are received by the Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant during the time and to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 date of casualtydays, then Landlord shall have the option of: (a) terminating the Lease effective upon the occurrence of such damage, in which event the Rent shall be abated from the date of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled to a proportionate abatement in Rent abated proportionately from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure EventsMajeure, 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 of Tenant vacates the casualtyPremises; 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, in which case Tenant the Base Rent payable hereunder shall be entitled abated proportionately on the basis of the size of the area of the Premises that is 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 so rendered not useable by Tenant by reason of such damage compared to a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only to the extent rental abatement insurance proceeds are received by Landlord (or would have been received by Landlord had Landlord it carried rent rental abatement insurance). Any abatement insurance with twelve (12) months of Rent pursuant to this Section 18.1.2 shall be made pro rata in accordance with coverage) and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 is damaged only to such the extent that rebuilding or repairs can be reasonably be completed in more than ninety (90) days days, but in less than one hundred eighty (180) days after the date of casualtydays, then Landlord shall will have the option of: of (a1) terminating the Lease effective upon the occurrence of such the damage, in which event the Rent shall will be abated from the date of Tenant vacates the casualtyPremises; or (b2) electing to repair the Premises, provided insurance proceeds are available to pay for fully repair the full repair of all damage (except that damage. However, Landlord shall will not be required to rebuild, repair repair, or replace any part of the Alterations that may have been placed on the Premises for the Tenant’s Property), in which case Tenant shall . The Rent will be entitled to a proportionate abatement in Rent abated proportionately from the date of such damage until Tenant vacates the Premises or Building is repaired only to the extent rental abatement insurance proceeds the Premises are received by unfit for occupancy. If Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant fails to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use 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 date of the casualty on which Landlord is notified by Tenant (such that period to be extended for delays caused by Tenant or because of any items of Force Majeure EventsMajeure, as hereinafter defineddefined in attached Exhibit B), and Tenant has not reoccupied the Premises, Tenant shall have the right, as Tenant’s exclusive remedymay, within ten (10) days after the expiration of such the 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 . All rights of Tenant hereunder shall under this Lease will 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 date of casualtyKnowledge 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 of Tenant vacates the casualtyPremises; 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, in which case Tenant the Base Rent payable hereunder shall be entitled abated proportionately on the basis of the size of the area at the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired to that was damaged only during the extent rental abatement insurance proceeds period the Premises 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 the making of such repairs shall interfere with the use and occupancy by Tenant of the Premisesunfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date of the casualty Knowledge Date (such period to be extended for delays caused by Tenant or because of any 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 of Tenant vacates the casualtyPremises; 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, in which case Tenant the Base Rent payable hereunder shall be entitled abated proportionately on the basis of the size of the area at the Premises that is damaged (i.e., the number of square feet of floor area of the Premises that is damaged compared to a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises that was damaged only during the period the Premises or Building is repaired to the extent rental abatement insurance proceeds applicable portion thereof 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 the making of such repairs shall interfere with the use and occupancy by Tenant of the Premisesunfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 of Tenant vacates the casualtyPremises; 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, in which case Tenant the Base Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 date of casualtydays, 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 Rent shall be abated from during the date unexpired portion of the casualtyLease; 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent of rental abatement insurance proceeds are received by the Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant during the time and to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 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 date issuance of casualtyPermits 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 Rent shall be abated from the date of Tenant vacates the casualtyPremises; 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, in which case Tenant its reasonable discretion, determines that it must vacate all or a portion of the Premises during Landlord's repair thereof, the Rent payable hereunder shall be entitled abated proportionately on the basis of the size of the area of the Premises that is vacated (i.e., the number of square feet of floor area of the Premises that is vacated compared to a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired only during the period the Premises are unfit for occupancy 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 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 payable hereunder shall be made pro rata abated during the period the Premises are in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy condition as reasonably determined by Tenant of the PremisesXxxxxx. 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 date issuance of Permits for the necessary repair or reconstruction of the casualty 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 EventsMajeure, 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 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 date of casualtydays, 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 Rent shall be abated from during the date unexpired portion of the casualtyLease; or 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent of rental abatement insurance proceeds are received by the Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant during the time and to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 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 date of casualty180 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 Rent shall be abated from during the date unexpired portion of the casualtyLease; 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent of rental abatement insurance proceeds are received by Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant during the time and to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 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 date issuance of casualtypermits for the necessary repair or reconstruction of the portion of the 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 Rent shall be abated from the date of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired to that was damaged, but only during the extent rental abatement insurance proceeds period the Premises 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 the making of such repairs shall interfere with the use and occupancy by Tenant of the Premisesunfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty portion of the Premises which was damaged or destroyed (such period to be extended for delays caused by Tenant or because of any 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 date issuance of casualtypermits 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 of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty 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 (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 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 date of casualtydays, 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 Rent shall be abated from during the date unexpired portion of the casualtyLease; 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent rental abatement insurance proceeds the Premises 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 the making of such repairs shall interfere with the use and occupancy by Tenant of the Premisesunfit 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 date upon which Landlord is notified by Tenant of the casualty (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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 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 date of casualtysuch damage and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of: of either: (a1) terminating the this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated from during the date unexpired portion of the casualtythis Lease; or 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent of rental abatement insurance proceeds are received by Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant during the time and to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (such damage and receipt of 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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 date of casualtydays, then Landlord shall have the option of: : (a) terminating the Lease effective upon the occurrence of such damage, in which event the Rent shall be abated from the date of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled to a proportionate abatement in Rent abated proportionately from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date upon which Landlord is notified by Tenant of the casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure EventsMajeure, 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 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 date issuance of casualtypermits 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 of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty 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 date of casualtydays, then Landlord shall have the option of: : (a) terminating the Lease effective upon the occurrence of such damage, in which event the Rent shall be abated from the date of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled to a proportionate abatement in Rent abated proportionately from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired to only during the extent rental abatement insurance proceeds period the Premises 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 the making of such repairs shall interfere with the use and occupancy by Tenant of the Premisesunfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty days (180) days after the date upon which Landlord is notified by Tenant of the casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure EventsMajeure, 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, 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 date of casualtydays, 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 Rent shall be abated from during the date unexpired portion of the casualtyLease; or 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 the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which case Tenant they are untenantable shall be entitled to a proportionate abatement in Rent from the date of such damage until the Premises or Building is repaired abated proportionately, but only to the extent of rental abatement insurance proceeds are received by Landlord (or would have been received had Landlord carried rent abatement insurance). Any abatement of Rent pursuant during the time and to this Section 18.1.2 shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises 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 date upon which Landlord is notified by Tenant of the casualty (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 Force Majeure Events, as hereinafter defined), and Tenant has not reoccupied other causes or contingencies beyond the Premisesreasonable control of Landlord, 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 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 date issuance of casualtypermits 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 of Tenant vacates the casualtyPremises; 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, in which case Tenant the Base Rent payable hereunder shall be entitled 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 a proportionate abatement in Rent the total square footage of the floor area of the Premises) from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired that was damaged only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date issuance of permits for the necessary repair or reconstruction of the casualty 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 EventsMajeure, (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 date of casualtydays, then Landlord shall have the option of: : (a) terminating the Lease effective upon the occurrence of such damage, in which event the Rent shall be abated from the date of Tenant vacates the casualtyPremises; 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 repair thereof, in which case Tenant the Base Rent payable hereunder shall be entitled to a proportionate abatement in Rent abated proportionately from the date Tenant vacates all or a portion of such damage until the Premises or Building is repaired only 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 and only during the extent to which period the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the PremisesPremises are unfit for occupancy. In the event that Landlord should fail to substantially complete such repairs within one hundred eighty (180) days after the date upon which Landlord is notified by Tenant of the casualty (such period to be extended for delays caused by Tenant or because of any items of Force Majeure EventsMajeure, 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.