Common use of INSUBSTANTIAL UNTENANTABILITY Clause in Contracts

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable (and Tenant’s access thereto is not materially impaired) and Landlord estimates that the time to substantially complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building or the Premises, other than Tenant Alterations, with reasonable promptness, unless such damage is to the Premises and occurs during the last six (6) months of the Term (and Tenant has not exercised the Renewal Option), in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within twenty (20) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable (and Tenant’s access thereto is not materially impaired) and Landlord estimates that the time to substantially complete Substantially Complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building or the Premises, other than Tenant Alterations, with reasonable promptness, unless such damage is to the Premises and occurs during the last six (6) months of the Term (and Tenant has not including any Renewal Periods exercised the Renewal Optionin accordance with Section 26.27), in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within twenty (20) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 14.01(d)(i) above.

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable (and Tenant’s access thereto is not materially impaired) and Landlord estimates that the time to substantially complete the repair or restoration will not exceed one two hundred eighty seventy (180270) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building or the Premises, other than Tenant Alterations, with reasonable promptness, unless such damage is to the Premises and occurs during the last six (6) months of the Term (and Tenant has not exercised the Renewal Option), in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within twenty (20) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable (and Tenant’s access thereto is not materially impaired) and Landlord estimates that the time to substantially complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building or the Premises, Premises other than Tenant AlterationsAdditions, with reasonable promptnesspromptness and shall use commercially reasonable efforts to complete the same within the period of such estimate, unless such damage is to the Premises and occurs during the last six (6) months of the Term (and Tenant has not exercised the Renewal Option)Term, in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within twenty (20) days after the date of such casualty, or, in the case of Tenant, if later, within twenty (20) days after the date of Landlord Notice of such estimate. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable (for the Permitted Use and TenantLandlord’s access thereto is not materially impaired) and Landlord estimates Notice indicates that the time to substantially complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building Premises or the Premises, Building other than Tenant AlterationsAdditions, with reasonable promptness; provided, unless however, if such damage is to the Premises and occurs during the last twelve (12) months of the Term and the estimated time to complete repairs exceeds thirty-three and one-third percent (33 1/3%) of the then remaining Term, or occurs during the last six (6) months of the Term (and Tenant has not exercised regardless of the Renewal Optionestimated repair time), in which event then either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within twenty (20) days after the date of such casualty. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 above.

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable (and Tenant’s access thereto is not materially impaired) and Landlord estimates estimates, within sixty (60) days after the occurrence of such damage, that the time to substantially complete Substantially Complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building or the Premises, Premises other than Tenant AlterationsAdditions, with reasonable promptness, unless such damage is to the Premises and occurs during the last six twelve (612) months of the Term (and Tenant has not exercised the Renewal Option)Term, in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within twenty (20) days after the date of such casualty. [Notwithstanding the aforesaid, Landlord’s 's obligation to repair shall be limited in accordance with the provisions of Section 14.1 14.01 (d)(i) above.]

INSUBSTANTIAL UNTENANTABILITY. If the Premises or the Building is damaged by a casualty but neither is rendered substantially untenantable (and Tenant’s access thereto is not materially impaired) and Landlord estimates that the time to substantially complete Substantially Complete the repair or restoration will not exceed one hundred eighty (180) days from the date such damage occurred, then Landlord shall proceed to repair and restore the Building or the Premises, Premises other than Tenant Alterations, with reasonable promptness, unless such damage is to the Premises and occurs during the last six (6) months of the Term (and Tenant has not exercised the Renewal Option)Term, in which event either Tenant or Landlord shall have the right to terminate this Lease as of the date of such casualty by giving written notice thereof to the other within twenty (20) days after the date of such casualty. Notwithstanding anything to the contrary, upon such termination, Tenant shall have no further obligation under this Lease (including payment of any fees) from and after such Termination Date. Notwithstanding the aforesaid, Landlord’s obligation to repair shall be limited in accordance with the provisions of Section 14.1 14.01 (d) (i) above.