Common use of Landlord’s Right to Terminate Clause in Contracts

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share of such deductible); (ii) Landlord's Architect determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualty; (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such Casualty. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its election to terminate within thirty (30) days after landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: occurs (each, a “Termination Condition”): (i) Insurance proceeds (insurance proceeds, together with any additional amounts Tenant electsagrees to contribute under this Article XIII, at its option, to contribute) are not confirmed to be available to Landlord Tenant, within ninety (90) days following the date of damage, sufficient to pay one hundred percent (100%) of the cost to fully repair the damaged Premises, excluding provided that if Tenant delivers written notice to Landlord that it disputes Landlord’s determination within ten (10) days after Landlord’s Termination Notice for this Termination Condition, this Lease will not be terminated unless and until the deductible matter of the sufficiency of insurance proceeds and Tenant’s committed contribution for the necessary repair has been determined by Arbitration, and Tenant has failed to contribute the required amount within ten (for which Tenant shall pay Tenant's Share of 10) days after the determination in such deductible)Arbitration; (ii) Landlord's Architect determines that based upon the Estimated Repair Time, the Premises cannot, with reasonable diligence, be fully repaired by Landlord Tenant within twenty-four (24) months after the date of the damage or destruction; (iii) the Premises cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualty; (iiiiv) the Premises are destroyed or damaged Substantial Destruction occurs during the last twelve twenty-four (1224) months of the Term; or (ivv) an uncured Event of Default has occurred and is continuing exists at the time of such Casualty. If Landlord Substantial Destruction or Partial Destruction occurs which is not cured within the cure period set forth in Article 15; or (vi) Tenant elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its election to terminate within thirty (30) days after landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice13.2.2.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's ’s Share of such deductible), regardless of whether such unavailability is due to coverage or other policy limits or the requirements of any Mortgagee; (ii) Landlord's ’s Architect determines that the Premises cannot, with reasonable diligence, ·be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one three hundred eighty sixty five (180365) days after the date of such Casualtyissuance of any necessary permits to complete the repair of the Premises; or (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such Casualty. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its Landlord’s election to terminate within thirty sixty (3060) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share of such deductible); (ii) Landlord's Architect determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualty; (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event but not later than six months prior to the expiration of Default has occurred and is continuing at the time of such CasualtyTerm). If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its election to terminate within thirty (30) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice. See Rider 12.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its is option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share share of such deductible); (ii) Landlord's Architect determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, factors including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualty; (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such CasualtyCasualty and continues unabated for thirty (30) days thereafter. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its election to terminate within thirty (30) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's ’s Share of such deductible), regardless of whether such unavailability is due to coverage or other policy limits or the requirements of any Mortgagee; (ii) Landlord's ’s Architect determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualtythe issuance of any necessary permits to complete the repair of the Premises (as reasonably determined by Landlord); (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such Casualty. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its Landlord’s election to terminate within thirty ninety (3090) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen sixty (1560) days after the date of such Notice.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share of such deductible); (ii) Landlord's Architect Space Planner determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualty; (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such Casualty. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its election to terminate within thirty (30) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share of such deductible); (ii) Landlord's Architect determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely safety repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualty; (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such Casualty. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its election to terminate within thirty (30) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i1) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share of such deductiblebe fully responsible); (ii) Landlord's Architect determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one hundred eighty (180) days after the date of such Casualty; (iii) the Premises are destroyed or substantially damaged (i.e., more than 25% of the replacement value of the Premises) during the last twelve twenty-four (1224) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such Casualtya total destruction occurs. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice written notice of its election to terminate within thirty (30) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Noticenotice.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share of such deductible); (ii) Landlord's Architect Landlord determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, including Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one four hundred eighty fifty (180450) days after the date of such Casualty; (iiiii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iviii) an Event of Default has occurred and is continuing at the time of such Casualty. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its election to terminate within thirty (30) days after landlord Landlord has knowledge of such Casualtycasualty, and this Lease shall terminate fifteen on the earlier of thirty (1530) days after the date Tenant's use and occupancy of such Noticethe Premises ceased.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease following a Casualty if any of the following occurs: (i) Insurance insurance proceeds (together with any additional amounts Tenant elects, at its option, to contribute) are not available to Landlord to pay one hundred percent (100%) of the cost to fully repair the Premises, excluding the deductible (for which Tenant shall pay Tenant's Share of such deductible), regardless of whether such unavailability is due to coverage or other policy limits or the requirements of any Mortgagee; (ii) Landlord's Architect determines that the Premises cannot, with reasonable diligence, be fully repaired by Landlord (or cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, Hazardous Materials, earthquake faults, radiation, chemical waste and other similar dangers) within one three hundred eighty sixty-five (180365) days after the date of such Casualtyissuance of any necessary permits to complete the repair of the Premises; (iii) the Premises are destroyed or damaged during the last twelve (12) months of the Term; or (iv) an Event of Default has occurred and is continuing at the time of such Casualty. If Landlord elects to terminate this Lease following a Casualty pursuant to this Section 12.2, Landlord shall give Tenant Notice of its Landlord's election to terminate within thirty ninety (3090) days after landlord Landlord has knowledge of such Casualty, and this Lease shall terminate fifteen (15) days after the date of such Notice.