Common use of Inability to Complete Clause in Contracts

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, if Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is four (4) months after the date estimated by Landlord's contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, any delay due to Force Majeure as defined in Section 32.16, and delays caused by Tenant or any Tenant Parties), then either party may elect to terminate this Lease upon thirty (30) days' prior written notice to the other given prior to completion of such repair, reconstruction and/or restoration; provided, however, (i) Tenant may not make such election if the delay was caused by Tenant or Tenant's Parties or if the remaining damage does not materially impair Tenant's use of the Premises and (ii) if Tenant is permitted to and does make such election, Landlord may rescind such election by completing the repairs, reconstruction and/or restoration within thirty (30) days following Tenant's election. In addition, if Landlord is required or elects to restore the Premises under the provisions of this Section 18 and does not commence such restoration within one hundred twenty (120) days of the date Landlord has knowledge of the damage, and if such damage material impairs Tenant's use of the Premises, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice thereof at any time prior to the commencement of such restoration. In such event, this Lease shall terminate as of the date of such notice; provided, however, Landlord may rescind such termination by commencing such restoration within thirty (30) days following such termination.

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, (i) if Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, . reconstruction and/or restoration beyond the date which is four one hundred eighty (4180) months days after the date estimated by Landlord's contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, any delay delays due to Force Majeure events as defined in Section 32.16, and delays caused by Tenant or any Tenant Parties), then either party Landlord may elect to terminate this Lease upon thirty twenty (3020) days' prior written notice to the other given prior to completion of such repairTenant, reconstruction and/or restoration; provided, however, (i) Tenant may not make such election if the delay was caused by Tenant or Tenant's Parties or if the remaining damage does not materially impair Tenant's use of the Premises and (ii) if Tenant Landlord estimates in good faith that the time necessary to restore any damaged portion of the Premises or the Building pursuant to Section 18.1 above which materially impairs Tenant's access to or ability to reasonably conduct business from the Premises will exceed one hundred eighty (180) days after the date of such damage or destruction, or if Landlord is permitted obligated or elects to and does make repair, reconstruct and/or restore the damaged portion of the Premises or the Building pursuant to Section 18.1 above which materially impairs Tenant's access to or ability to reasonably conduct business from the Premises, but fails to complete such election, Landlord may rescind such election by completing the repairs, reconstruction and/or restoration within thirty one hundred eighty (30180) days following Tenant's election. In addition, if Landlord is required or elects to restore the Premises under the provisions of this Section 18 and does not commence such restoration within one hundred twenty (120) days of the date Landlord has knowledge of the damage, and if such damage material impairs Tenant's use of the Premises, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice thereof at any time prior to the commencement of such restoration. In such event, this Lease shall terminate as of after the date of such notice; provideddamage or destruction, howeverby reason of any causes other than delays caused by Tenant or any Tenant Parties, then Tenant may elect to terminate this Lease upon written notice delivered to Landlord may rescind such termination by commencing such restoration within thirty twenty (3020) days following after the date Landlord so notifies Tenant of such terminationgood faith estimate or within twenty (20) days after the expiration of such one hundred eighty (180) day period, as the case may be.

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, if Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is four (4) months after the date estimated by Landlord's ’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (includingIncluding, without limitation, any delay due to Force Majeure as defined in Section 32.16, and delays caused by Tenant or any Tenant Parties), then either party may elect to terminate this Lease upon thirty (30) days' ’ prior written notice to the other given prior to completion of such repair, reconstruction and/or restoration; provided, however, (i) Tenant may not make such election if the delay was caused by Tenant or Tenant's ’s Parties or if the remaining damage does not materially impair Tenant's ’s use of the Premises and (ii) if Tenant is permitted to and does make such election, Landlord may rescind such election by completing the repairs, reconstruction and/or restoration within thirty (30) days following Tenant's ’s election. In addition, if Landlord is required or elects to restore the Premises under the provisions of this Section 18 and does not commence such restoration within one hundred twenty (120) days of the date Landlord has knowledge of the damage, and if such damage material impairs Tenant's ’s use of the Premises, Tenant may, at Tenant's ’s option, terminate this Lease by giving Landlord notice thereof at any time prior to the commencement of such restoration. In such event, this Lease shall terminate as of the date of such notice; : provided, however, Landlord may rescind such termination by commencing such restoration within thirty (30) days following such termination.