Common use of Landlord’s Option to Repair Clause in Contracts

Landlord’s Option to Repair. Notwithstanding the TCCs of SECTION 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, and instead terminate this Lease (or the applicable portion thereof), by notifying Tenant in writing of such termination within forty-five (45) days after the date of discovery of the damage, such notice to include a termination date giving Tenant sixty (60) days to vacate the Premises, but Landlord may so elect only if the Building or Project shall be damaged by fire or other casualty or cause, if one or more of the following conditions is present: (i) in Landlord's reasonable judgment, repairs cannot reasonably be completed within fifteen (15) months after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums); (ii) the damage to the Building (but excluding the Tenant Improvements constructed by Tenant pursuant to the Tenant Work Letter) is not fully covered by Landlord's insurance policies (provided Landlord shall be deemed to have carried (except with regard to any applicable deductibles) one hundred percent (100%) replacement cost fire/casualty insurance); or (iii) the damage occurs during the last twelve (12) months of the Lease Term.

Landlord’s Option to Repair. Notwithstanding the TCCs terms of SECTION Section 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, ; and instead terminate this Lease (or the applicable portion thereof), by notifying Tenant in writing of such termination within forty-five sixty (4560) days after the date of discovery Landlord learns of the necessity for repairs as the result of damage, such notice to include a termination date giving Tenant sixty ninety (6090) days to vacate the Premises, but Landlord may so elect only if the Building or Project shall be damaged by fire or other casualty or cause, if whether or not the Premises are affected, and one or more of the following conditions is present: (i) in Landlord's reasonable judgment, repairs cannot reasonably be completed within fifteen one hundred eighty (15180) months days after the date of discovery Landlord learns of the necessity for repairs as the result of damage (when such repairs are made without the payment of overtime or other premiums); (ii) the damage holder of any mortgage on the Building or Project or ground lessor with respect to the Building (but excluding or Project shall require that the Tenant Improvements constructed by Tenant pursuant insurance proceeds or any portion thereof be used to retire the Tenant Work Letter) is not fully covered by Landlord's insurance policies (provided Landlord mortgage debt, or shall be deemed to have carried (except with regard to any applicable deductibles) one hundred percent (100%) replacement cost fire/casualty insurance)terminate the ground lease, as the case may be; or (iii) the damage occurs during the last twelve is not fully covered, except for deductible amounts, by Landlord's insurance policies; or (12iv) months any owner of any other portion of the Lease TermProject, other than Landlord, does not intend to repair the damage to such portion of the Project.

Landlord’s Option to Repair. Notwithstanding the TCCs terms of SECTION Section 11.1 of this Lease, Landlord may elect not to rebuild rcbtiild and/or restore the Premises, Building and/or an&or Project, and instead terminate this Lease (or the applicable portion thereof)Lease, by notifying notifiing Tenant in writing of such termination within forty-five (45) days after the date of discovery of the damage, such notice to include a termination date giving Tenant sixty (60) days to vacate the Premises, but Landlord may so elect only if the Building or Project shall be is damaged by fire or other casualty or cause, if whether or not the Premises are affected, and one or more of the following conditions is present: (i1) in Landlord's the reasonable judgmentjudgment of Xxxxxxxx’s architect or general contractor, such repairs cannot reasonably be completed within fifteen two hundred fifty (15250) months days after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums); (ii) the damage holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall terminate the ground lease, as the case may be; (but excluding iii) the Tenant Improvements constructed by Tenant pursuant cost to repair such damage exceeds the Tenant Work Letter) is not fully covered by Landlord's amount of insurance proceeds available to Landlord under the insurance policies Landlord is required to carry under Section 10.7 of this Lease or otherwise by at least five percent (provided Landlord shall be deemed to have carried 5%) of the replacement cost of the Building (except with regard to excluding any applicable deductiblesdeductible amount) one hundred percent for reasons beyond Landlord’s control (100%) replacement cost fire/casualty insuranceexcluding Landlord’s failure to carry such insurance policies); or (iiiiv) the damage occurs during the last twelve (12) months of the Lease Term.

Landlord’s Option to Repair. Notwithstanding the TCCs terms of SECTION Section --------------------------- 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, ; and instead terminate this Lease (or the applicable portion thereof), by notifying Tenant in writing of such termination within forty-five sixty (4560) days after the date of discovery Landlord learns of the necessity for repairs as the result of damage, such notice to include a termination date giving Tenant sixty ninety (6090) days to vacate the Premises, but Landlord may so elect only if the Building or Project shall be damaged by fire or other casualty or cause, if whether or not the Premises are affected, and one or more of the following conditions is present: ; (i) in Landlord's reasonable judgment, repairs cannot reasonably be completed within fifteen one hundred twenty (15) months 120 days after the date of discovery Landlord learns of the necessity for repairs as the result of damage (when such repairs are made without the payment of overtime or other premiums); (ii) the damage holder of any mortgage on the Building or Project or ground lessor with respect to the Building (but excluding or Project shall require that the Tenant Improvements constructed by Tenant pursuant insurance proceeds or any portion thereof be used to retire the Tenant Work Letter) is not fully covered by Landlord's insurance policies (provided Landlord mortgage debt, or shall be deemed to have carried (except with regard to any applicable deductibles) one hundred percent (100%) replacement cost fire/casualty insurance)terminate the ground lease, as the case may be; or (iii) the damage occurs during the last twelve is not fully covered, except for deductible amounts, by Landlord's insurance policies; or (12iv) months any owner of any other portion of the Lease TermProject, other than Landlord, does not intend to repair the damage to such portion of the Project.