Common use of Landlord Termination Rights Clause in Contracts

Landlord Termination Rights. If the Premises or the portion of the Building or the Project necessary for Tenant’s occupancy is damaged by fire, earthquake, terrorism, act of war, act of God, the elements or other casualty, then Landlord may terminate this Lease upon notice given to Tenant within sixty (60) days after the date of such casualty, effective as of the date of the casualty if (a) in Landlord’s opinion, repairs necessary for Tenant’s occupancy cannot be completed within ninety (90) days; (b) any other portion of the Building or the Project is damaged to the extent that, in Landlord’s opinion, repair thereof cannot be completed within ninety (90) days; (c) the Premises or the portion of the Building or the Project necessary for Tenant’s occupancy is damaged during the final twelve (12) months of the Term, unless Tenant shall exercise its next available renewal option (if any) within ten (10) days following receipt of Landlord’s termination notice, or unless both parties agree on an extension of this Lease within such ten (10) day period; (d) the insurance proceeds available to Landlord are not sufficient to complete repair or restoration; (e) Landlord’s lender does not elect to make insurance proceeds available to Landlord for repair and restoration; or (f) Tenant has vacated the Premises or is in Default under this Lease.

Landlord Termination Rights. If the Premises or the any portion of the Building or the Project necessary for Tenant’s occupancy is damaged by fire, earthquake, terrorism, act of war, act of God, the elements or other casualty, then Landlord may terminate this Lease upon notice given to Tenant within sixty (60) days after the date of such casualty, effective as of the date of the casualty if (a) in Landlord’s opinion, repairs necessary for Tenant’s occupancy to the Premises cannot be completed within ninety one hundred eighty (90180) days; (b) any other portion of the Building or the Project is damaged to the extent that, in Landlord’s opinion, repair thereof cannot be completed within ninety (90) days; (c) the Premises or the any portion of the Building or the Project necessary for Tenant’s occupancy is damaged during the final twelve (12) months of the Term, unless Tenant shall exercise its next available renewal extension option (if any) within ten (10) days following receipt of Landlord’s termination notice, or unless both parties agree on an extension of notice and Landlord does not elect to terminate this Lease pursuant to one of the other subsections herein within such ten (10) day perioddays of such exercise; (d) the insurance proceeds available to Landlord are not sufficient to complete repair or restoration; (e) Landlord’s lender does not elect to make insurance proceeds available to Landlord for repair and restoration; or (f) Tenant has vacated the Premises or is in Default under this Lease.

Landlord Termination Rights. If the Premises or the any portion of the Building or the Project necessary for Tenant’s occupancy is damaged by fire, earthquake, terrorism, act of war, act of God, the elements or other casualty, then Landlord may terminate this Lease upon notice given to Tenant within sixty (60) days after the date of such casualty, effective as of the date of the casualty if (a) in Landlord’s opinion, repairs necessary for Tenant’s occupancy cannot be completed within ninety one hundred eighty (90180) days; (b) any other portion of the Building or the Project is damaged to the extent that, in Landlord’s opinion, repair thereof cannot be completed within ninety (90) days; (c) the Premises or the any portion of the Building or the Project necessary for Tenant’s occupancy is damaged during the final twelve (12) months of the TermTerm to the extent that, in Landlord’s opinion, repair thereof cannot be completed within sixty (60) days, unless Tenant shall exercise its next available renewal extension option (if any) within ten (10) days following receipt of Landlord’s termination notice, or unless both parties agree on an extension of notice and Landlord does not elect to terminate this Lease pursuant to one of the other subsections herein within such ten (10) day perioddays of such exercise; (dc) the insurance proceeds available to Landlord (with any deductibles thereunder considered “available”) are not sufficient to complete repair or restoration; (e) Landlord’s lender does not elect to make insurance proceeds available to Landlord for repair and restoration; or (fd) Tenant has vacated the Premises or is in Default under this Lease. Notwithstanding the foregoing, Landlord shall not have the right to terminate the Lease pursuant to subsection (c) above if the cost to repair the damage to the Premises would be more than the amount of the available insurance proceeds plus $300,000.

Landlord Termination Rights. If Notwithstanding the Premises or the portion terms of the Building or the Project necessary for Tenant’s occupancy is damaged by fireSection 11.1 of this Lease, earthquake, terrorism, act of war, act of God, the elements or other casualty, then Landlord may elect not to rebuild and/or restore the Landlord's Insured Property, and instead terminate this Lease upon notice given to Lease, by notifying Tenant in writing of such termination within sixty (60) days after the date of such casualty, effective as discovery of the damage from Casualty, such notice to include a termination date of giving Tenant ninety (90) days to vacate the casualty Premises, but Landlord may so elect only if (a) the Building or Project shall be damaged by Casualty, whether or not the Premises are affected, (b) Landlord elects to terminate the leases of all other tenants of the Project similarly affected by the damage and destruction and (c) if one or more of the following conditions is present: (i) in Landlord’s opinion's reasonable judgment, repairs necessary for Tenant’s occupancy cannot reasonably be completed within ninety two hundred seventy (90270) daysdays after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums); (bii) the Mortgagee shall require that the insurance proceeds or any other portion thereof in excess of the Building "Landlord Contribution" (as that term is defined below) be used to retire or terminate the Project is damaged to the extent that, in Landlord’s opinion, repair thereof cannot be completed within ninety (90) daysMortgage; (ciii) the Premises damage is not fully covered, except for the Landlord Contribution, by Landlord's insurance policies (or by the portion of insurance Landlord is required to carry under this Lease); or (iv) the Building or the Project necessary for Tenant’s occupancy is damaged damage occurs during the final last twelve (12) months of the Lease Term, unless Tenant shall exercise its next available renewal option (if any) within ten (10) days following receipt and, in the reasonable judgment of Landlord’s termination notice, the damage or unless both parties agree on an extension of this Lease within such ten (10) day period; (d) the insurance proceeds available destruction to Landlord are not sufficient to complete repair or restoration; (e) Landlord’s lender does not elect to make insurance proceeds available to Landlord for repair and restoration; or (f) Tenant has vacated the Premises or is in Default under this LeaseBuilding cannot be repaired by the date which occurs fifty percent (50%) of the way through the then remaining Lease Term. "Landlord Contribution" shall initially mean $3,000,000.00; provided, however, that such amount shall be reduced by an amount equal to $1,000.00 on the first day of each month during the Lease Term.

Landlord Termination Rights. If the Premises or the any portion of the Building or the Project necessary for Tenant’s occupancy is damaged by fire, earthquake, terrorism, act of war, act of God, the elements or other casualty, then Landlord may terminate this Lease upon notice given to Tenant within sixty (60) days after the date of such casualty, effective as of the date of the casualty if (a) in Landlord’s opinion, repairs necessary for Tenant’s occupancy to the Premises cannot be completed within ninety (90) days; (b) any other portion of the Building or the Project is damaged to the extent that, in Landlord’s opinion, repair thereof cannot be completed within ninety (90) days; (c) the Premises or the any portion of the Building or the Project necessary for Tenant’s occupancy is damaged during the final twelve (12) months of the Term, unless Tenant shall exercise its next available renewal option (if any) within ten (10) days following receipt of Landlord’s termination notice, or unless both parties agree on an extension of notice and Landlord does not elect to terminate this Lease pursuant to one of the other subsections herein within such ten (10) day perioddays of such exercise; (d) the insurance proceeds available to Landlord are not sufficient to complete repair or restoration; (e) Landlord’s lender does not elect to make insurance proceeds available to Landlord for repair and restoration; or (f) Tenant has vacated the Premises or is in Default under this Lease.

Landlord Termination Rights. If the Premises or the portion of the Building or the Project necessary for Tenant’s occupancy is damaged by fire, earthquake, terrorism, act of war, act of God, the elements or other casualty, then Landlord may terminate this Lease upon notice given to Tenant within sixty (60) days after the date of such casualty, effective as of the date of the casualty if (a) in Landlord’s opinion, repairs necessary for Tenant’s occupancy cannot be completed within ninety (90) days; (b) any other portion of the Building or the Project is damaged to the extent that, in Landlord’s opinion, repair thereof cannot be completed within ninety (90) days; (c) the Premises or the portion of the Building or the Project necessary for Tenant’s occupancy is damaged during the final twelve (12) months of the Term, unless Tenant shall exercise its next available renewal option (if any) within ten (10) days following receipt of Landlord’s termination notice, or unless both parties agree on an extension of this Lease within such ten (10) day period; (d) the insurance proceeds available to Landlord are not sufficient to complete repair or restoration; (e) Landlord’s lender does not elect to make insurance proceeds available to Landlord for repair and restoration; or (f) Tenant has vacated the Premises or is in Default under this Lease.