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

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction or by any peril which would have been covered by the insurance Landlord is required to maintain pursuant to Section 9.2 (an “insured peril”"Insured Peril") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by LandlordLandlord (or which Landlord was required to carry pursuant to Section 9.2(a) hereof) plus the amount of any deductible (up to a maximum amount of five percent (5%) of the replacement cost of the Building), plus any amount that the Tenant agrees in writing to contribute towards restoration, or (ii) seventy-five fifty percent of the then actual replacement cost thereofof the Building; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (ib) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, provided, however, that, subject to the requirements of the holder of any extentdeed of trust encumbering the Property, Landlord shall not have the right to terminate this Lease if Tenant notifies Landlord, within thirty (30) days after Tenant receives Landlord's written notice of termination pursuant to this Section 10.3, that Tenant will pay for the cost of restoration of the Leased Premises, in excess of any insurance proceeds to be received by Landlord. D. (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty (30) days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five fifty percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of ; (ib) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. ; (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage; provided, however, in the event Landlord elects to terminate the Lease because of a shortfall of funds, as may be permitted herein, Tenant shall have fifteen (15) days from the date it receives notice from Landlord of such termination to elect to pay such shortfall, at Tenant's sole cost and expense, in which case Landlord shall not terminate the Lease.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord after payment of any deductible (except if lack of insurance proceeds is due to Landlord's failure to carry the insurance required to be carried under this Lease), provided, however, that Tenant may elect to fund any shortfall in insurance proceeds, in which case, Landlord may not terminate the Lease pursuant to the foregoing provision, or (ii) seventy-five fifty percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (ib) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof;: B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can may not be restored at reasonable cost as required by Paragraph 10.1 above, or (ii) if restored, can may not be used for the same use being made thereof before such damage, whether or not restored as required by this Article.

Landlord’s Right to Terminate. Landlord shall have the option right to terminate this Lease in the event any of the following occurs, which option right may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty 30 days after the date of such damage or destructiondamage: A. (1) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (peril, other than an “insured peril”) Insured Peril to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the not covered by insurance proceeds available from insurance actually carried the casualty policy (but not rent loss proceeds) to be received by Landlord, or (ii) seventy-five percent Landlord exceeds 5% of the then actual replacement cost thereof; B. The Building , provided, however, that Landlord may not terminate this Lease pursuant to this Section, if Tenant agrees in writing to pay the amount by which the cost to restore the damage exceeds such uninsured amount. As used herein, the term “Insured Peril” means any peril which is damaged by an uninsured peril, which peril Landlord was actually insured against or required to insure be insured against pursuant to Section 9.B, above. (2) The Premises are damaged by any peril within 12 months of the provisions last day of Article 9 of this Lease, the Lease Term to such an extent that the estimated cost to restore exceeds an amount equal to six times the Building exceeds Base Monthly Rent then payable under the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 terms of this Lease; provided, however, that Landlord may not terminate this Lease pursuant to any extent. D. The Building is damaged by any peril andthis Section, because if Tenant, at the time of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage, then has a valid option to extend the Lease Term and Tenant exercises such option to extend the Lease Term within 15 days following delivery of Landlord’s termination notice.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at as reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty sixty (60) days after the date of such damage or destructiondamage: A. The Building Premises is damaged by any peril either (i) covered by the type of insurance Landlord is required to carry pursuant to paragraph 7.1 or (ii) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Leasedestruction, to such an extent that the estimated cost to restore the Building Premises equals or exceeds fifty percent (50%) of the lesser of then replacement value excluding foundations thereof; B. The Premises is damaged by any peril both (i) not covered by the type of insurance proceeds which would have been available had Landlord carried such is required insurance, or to carry pursuant to paragraph 7.1 and (ii) seventy-five not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an extent that the estimated cost to restore the Premises equals or exceeds ten percent (10%) of the then actual replacement cost thereof;value excluding foundations thereof plus any sums which Tenant may, in its sole discretion, elect to contribute to the costs of repair. C. The Building is Leased Premises are damaged by an uninsured perilany peril within twelve (12) months of the last day of the Lease Term and, which peril Landlord was in the reasonable opinion of Landlord’s architect or construction consultant, the Leased Premises cannot required to insure against pursuant to the provisions of Article 9 of this Lease, to any extentbe substantially restored within sixty (60) days after all necessary governmental approvals for such construction have been obtained. D. The Building Premises is damaged by any peril and, because of the Laws then in force, the Building (i) can may not be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, can may not be used for the same use being made thereof before such damagedamage whether or not restored as required by this Article.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty ninety (90) days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available to Landlord from insurance actually carried by Landlord, or (ii) seventy-five fifty percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril; provided, which peril however, Landlord was required shall not be permitted to insure against pursuant terminate this Lease if, at the time Landlord purports to the provisions of Article 9 of this Leaseexercise its termination right hereunder, to such an extent that the estimated cost Landlord actually intends to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereofBuilding; C. (b) The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, Lease and the restoration would cost more than $250,000 and Tenant does not agree to any extent.pay the uninsured amount in excess of such amount; D. (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage; (d) If any damage during the final 12 months of the Term renders 50% or more of the Leased Premises untenantable.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. : The Building is Buildings are damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building Buildings exceeds the lesser of (i) the insurance proceeds available to Landlord from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent plus any amount that the estimated cost Tenant agrees in writing to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried contribute towards restoration and actually deposits such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. amounts in an escrow fund jointly controlled by Tenant and Landlord; The Building is Buildings are damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease; provided, however, that, subject to the requirements of any extent. D. The Building is damaged by any peril andLender, because Landlord shall not have the right to terminate this Lease if Tenant notifies Landlord in writing, within thirty (30) days after Tenant receives Landlord's written notice of termination pursuant to this Section 10.3, that Tenant will pay for the cost of restoration of the Laws then Leased Premises, in force, the Building (i) can not excess of any insurance proceeds to be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before received by Landlord and actually deposits such damageamounts in an escrow fund jointly controlled by Tenant and Landlord.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only be by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction:. A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions revisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof;. C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at a reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only be by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction:. A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five fifty percent 50% of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five fifty percent (50%) of the then actual replacement cost thereof;: C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried castled by Landlord, plus the deductible amount specified in such insurance policy, or (ii) seventy-five fifty percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (ib) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if If restored, can cannot be used for the same use being made thereof before such damage. Notwithstanding Landlord's election to terminate this Lease pursuant to clauses (a) or (b) of this Section 10.3, Tenant shall have the right to continue this Lease in full force and effect by contributing to the cost of restoring the Building any and all amounts by which such cost exceeds the available insurance proceeds (in the case of an insured peril) or the entire amount of such cost (in the case of an uninsured peril), which right shall be exercised only by delivery to Landlord of a written notice of Tenant's election to contribute within seven (7) days after receipt of Landlord's written notice of election to terminate pursuant to this Section 10.3.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, ; the Building (i) can not be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty ninety (90) days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available to Landlord from insurance actually carried by LandlordLandlord (where the shortfall thereof exceeds $250,000 unless Tenant agrees to cover such the shortfall in excess of such amount), or (ii) seventy-five fifty percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril; provided, which peril however, Landlord was required shall not be permitted to insure against pursuant terminate this Lease if, at the time Landlord purports to the provisions of Article 9 of this Leaseexercise its termination right hereunder, to such an extent that the estimated cost Landlord actually intends to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereofBuilding; C. (b) The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, Lease and the restoration would cost more than $250,000 and Tenant does not agree to any extent.pay the uninsured amount in excess of such amount; D. (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage; (d) If any damage during the final 12 months of the Term renders 50% or more of the Leased Premises untenantable.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. : The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-seventy five percent of the then actual replacement cost thereof; B. ; The Building is damaged by an uninsured peril, which peril Landlord landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. ; The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. . The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only be by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction:. A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by LandlordLandlord (excluding the amount of any deductible), or (ii) seventythirty-five seven-and-one-half percent (37.5%) of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insuranceinsurance (excluding the amount of any deductible), or (ii) seventy-five percent of the then actual replacement cost thereof;: C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extentsuch an extent that the cost to restore would exceed ten-percent (10%) of the cost of the Building. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-seventy- five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.. [insert]

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage.. [insert]

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty (30) days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by Landlord due to all or any portion of the insurance proceeds being otherwise applied by Landlord's lender, or (ii) seventy-five fifty percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (ib) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent.; D. (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage; provided, however, that if Landlord elects to terminate the Lease pursuant to this Paragraph 10.3, Tenant may elect by written notice to Landlord delivered within thirty (30) days or receipt of Landlord's election, to pay the difference between the costs to restore the Building and any available insurance proceeds and upon such election and Tenant's deposit of such funds with Landlord (or provide Landlord with a duly authorized and executed recourse promissory note payable to Landlord in lieu of such funds), Landlord shall commence such restoration.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty days after the date of such damage or destruction: A. The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction (an “"insured peril”") to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds (including deductibles) available from insurance actually carried by Landlord, or (ii) seventy-five percent of the then actual estimated replacement cost thereof; B. The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. . D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can not be restored at reasonable cost or (ii) if restored, can not be used for the same use being made thereof before such damage. Notwithstanding the foregoing, in the event of either A or B above, Tenant may but is not required to elect to contribute the shortfall of proceeds within thirty (30) days of Landlord's written notice of such shortfall, in which event Landlord shall restore the Leased Premises and shall not have the right to terminate the Lease. In no event shall Landlord have the right to terminate the Lease if the damage to the Leased Premises is relatively minor (e.g. repair or restoration which would cost less than ten (10%) percent of the replacement cost of the Leased Premises.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event of any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty (30) days after the date of such damage or destruction: A. (a) The Building is damaged by any peril covered by valid and collectible insurance actually carried by Landlord and in full force at the time of such damage or destruction (an “insured peril”) to such an extent that the estimated cost to restore the Building building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried (or required to be carried hereunder) by LandlordLandlord plus the amount of any deductible payable thereunder, or (ii) seventy-five fifty percent of the then actual replacement cost thereof; B. (b) The Building is damaged by an uninsured peril, which peril Landlord was required to insure against pursuant to the provisions of Article 9 of this Lease, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) damage would cost more than ten percent (10%) of replacement cost of the insurance proceeds which would have been available had Landlord carried such required insurance, or Building to restore and (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent. D. (c) The Building is damaged by any peril and, because of the Laws laws then in force, the Building (i) can cannot be restored at reasonable cost or (ii) if restored, can cannot be used for the same use being made thereof before such damage.

Landlord’s Right to Terminate. Landlord shall have the option to terminate this Lease in the event any of the following occurs, which option may be exercised only by delivery to Tenant of a written notice of election to terminate within thirty (30) days after the date of such damage or destruction:damage. A. The Leased Premises or Building is damaged by any peril either (i) covered by the type of insurance Landlord is required to carry pursuant to Paragraph 9.2 or (ii) covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction destruction, to such an extent that the estimated restoration cost exceeds thirty-three and one-third percent (331/3%) of the then actual replacement cost thereof. B. The Leased Premises or the Building is damaged by any peril both (i) not covered by the type of insurance Landlord is required to carry pursuant to Paragraph 9.2 and (ii) not covered by valid and collectible insurance actually carried by Landlord and in force at the time of such damage or destruction, to such an “insured peril”extent that the estimated restoration cost exceeds five percent (5%) of the then actual replacement cost thereof. C. The Leased Premises are damaged by any peril during the last twelve (12) months of the Lease Term to such an extent that the estimated cost to restore equals or exceeds an amount equal to six (6) times the Building exceeds the lesser of (i) the insurance proceeds available from insurance actually carried by LandlordBase Monthly Rent then due, or (ii) seventy-five percent of the then actual replacement cost thereof; B. The Building is damaged by an uninsured perilprovided, which peril however, that Landlord was required to insure against may not terminate this Lease pursuant to this subparagraph C if Tenant at the provisions time of Article 9 such damage has an express written option to further extend the term of this LeaseLease and Tenant exercises such option to so further extend the Lease Term within fifteen (15) days following the date of such damage, to such an extent that the estimated cost to restore the Building exceeds the lesser of (i) the insurance proceeds which would have been available had Landlord carried such required insurance, or (ii) seventy-five percent of the then actual replacement cost thereof; C. The Building is damaged by an uninsured peril, which peril Landlord was not required to insure against pursuant to the provisions of Article 9 of this Lease, to any extent.or D. The Building is damaged by any peril and, because of the Laws then in force, the Building (i) can may not be restored at reasonable cost to substantially the same condition in which it was prior to such damage, or (ii) if restored, can may not be used for the same use being made thereof before such damage, whether or not restored as required by this Article.