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

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any of the following occurs: (a) In Landlord’s sole judgment, the Premises cannot be substantially repaired and restored under applicable laws within forty-five (45) days from the date of Casualty; (b) In Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If any of the circumstances described in Paragraphs (a) through (h) above occur or arise, Landlord shall notify Tenant in writing of the fact within thirty (30) days after the date of the Casualty and in such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected to terminate this Lease as provided herein.

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect option to terminate this Lease following damage caused if the Premises or the Building is destroyed or damaged by any Casualtyfire or other casualty, regardless of whether the casualty is insured against under this Lease, if any (i) Landlord reasonably determines that there are insufficient insurance proceeds to pay all of the following occurs: costs of the repair or restoration, (aii) In Landlord’s sole judgment, the holder of any indebtedness secured by the Building or all or any portion of the Premises requires that the insurance proceeds be applied to such indebtedness, or (iii) Landlord reasonably determines that the repair or restoration of the Premises or the Building cannot be substantially repaired and restored under applicable laws completed within three hundred (300) days after the date of the issuance of permits for the necessary repair or restoration of the portion of the Building or Premises which was damaged. If Landlord elects to exercise the right to terminate this Lease as a result of a casualty, Landlord shall exercise the right by written notice to Tenant of its election to terminate this Lease within forty-five (45) days from after the date of Casualty; (b) In Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more learns of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months necessity for repairs as a result of the Term; casualty, in which event this Lease shall terminate fifteen (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If any of the circumstances described in Paragraphs (a) through (h) above occur or arise, Landlord shall notify Tenant in writing of the fact within thirty (3015) days after the date of the Casualty notice, provided that Tenant shall be given a reasonable period of time thereafter to remove its property from the Premises but in no event shall such removal period extend for more than fifteen (15) days after such early termination and provided that Tenant shall pay to Landlord, no later than ten (10) days after Landlord's invoice, the Base Rent specified in Section 21.8(a) below for Tenant's use of the Premises during such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected to terminate this Lease as provided hereinremoval period.

Landlord’s Right to Terminate. 14.1 The Landlord has the right to terminate the Tenant's booking and this Tenancy by written notice to that effect to the Tenant and to grant a Tenancy to occupy the Room to a third party in the following circumstances: 14.1.1 if the Tenant and/or the Guarantor (ias the case may be) Notwithstanding fails to comply with the provisions terms of Section 12.1clauses 8.1, Landlord shall have no obligation and/or 9.2; 14.1.2 if the Rent in terms of clause 5 or any other sum payable by the Tenant under this Tenancy is unpaid on the due date (whether demanded or not); 14.1.3 if during the Term the Tenant ceases to repair be on a full time course of study with an educational institution in the United Kingdom providing full time education to individuals; 14.1.4 if there is any other breach of the obligations under this Tenancy, the Resident’s Handbook and/or the Nido Regulations; and/or 14.1.5 if the Room is destroyed or restore the Premisesmade uninhabitable or inaccessible by fire or other event, and reinstatement has not or is unlikely to have occurred within 2 months of the date of such fire or other event, provided always that in the case of late payment of the Rent or any other sum payable by the Tenant under this Tenancy or in the case of any other breach which in the Landlord's proper and reasonable opinion could be remedied (albeit late) the Landlord may elect to will only terminate this Lease following damage caused by any Casualty, Tenancy if any the Landlord or the manager of the following occursBuilding has first served notice on the Tenant giving the Tenant 14 days within which to remedy the breach and such breach has not been remedied within such period; 14.2 If the Landlord refuses the Tenant entry to the Room in terms of clause 14.1 this Tenancy will continue and notwithstanding that the Tenant has been denied entry: (a) In Landlord’s sole judgment, 14.2.1 the Premises canTenant will not be substantially repaired and restored entitled to any suspension of, or reduction in, any payment due under applicable laws within forty-five (45) days this Tenancy for the period in which the Tenant is denied entry; and 14.2.2 the Tenant will pay to the Landlord Interest on any outstanding sum of money payable by the Tenant in terms of this Tenancy from the date of Casualty; (b) In Landlord’s sole judgmentwhen it became due or, adequate proceeds from Landlord’s Property Insurance Policy are notif there is no such date specified, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If any of the circumstances described in Paragraphs (a) through (h) above occur or arise, Landlord shall notify Tenant in writing of the fact within thirty (30) days after the date of demand for such sum until such sum is paid. 14.3 If the Casualty Landlord terminates this Tenancy in terms of clause 14.1 then notwithstanding that the Tenant has been denied entry: 14.3.1 the Tenant will not be entitled to any suspension of, or reduction in, any payment due under this Tenancy for the period from and including the Start Date to and including the Termination Date; 14.3.2 the Tenant will pay to the Landlord Interest on the outstanding sum of money payable by the Tenant in terms of this Tenancy from the date when it became due or, if there is no such notice date specified the date of demand for such sum until and including the Termination Date; 14.3.3 the Tenant will pay to the Landlord shall also advise the proportion relative to the period from and including the Start Date until and including the Termination Date, of all (if any) vouched costs of the Landlord in relation to the Room, including insurance costs, common charges and managing charges; and 14.3.4 this Tenancy will terminate immediately but such termination will not affect the Landlord's rights against the Tenant whether Lxxxxxxx has elected in relation to terminate this Lease as provided hereinany breach of the Tenant's obligations which occurred prior to the date of such termination.

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any fire or other casualty in each of the following occurscircumstances: (a) In lf, in the reasonable judgment of Landlord’s sole judgment, the Premises and the Property cannot be substantially repaired and restored under applicable laws Laws within forty-five nine (459) days months from the date of Casualtythe casualty; (b) In If, in the reasonable judgment of Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of If the Premises Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed fifteen percent (including15%) of the full replacement cost of the Building, without limitation, by smoke whether or water damage);not the Premises are at all damaged or destroyed; or (d) The Casualty If the fire or other casualty occurs during the last three two (32) months years of the Term or if upon completion of repair and restoration there would be less than two (2) years remaining in the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) . If any of the circumstances described in Paragraphs subparagraphs (a), (b), (c) through or (hd) above of this Section 12.2 occur or arise, Landlord shall notify give Tenant in writing of the fact notice within thirty ninety (3090) days after the date of the Casualty and in such notice casualty, specifying whether Landlord shall also advise Tenant whether Lxxxxxxx has elected elects to terminate this Lease as provided hereinabove and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If Landlord elects to terminate this Lease pursuant to the provisions of this Article 12, then such termination shall be effective as of the date of the casualty, and all Base Rent, Additional Rent, Operating Costs and Taxes paid by Tenant and accruing subsequent to the date of such casualty shall be returned to Tenant.

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any of fire or other casualty under the following occurscircumstances: (a) In If, in the reasonable judgment of Landlord’s sole judgment, the Premises and the Property cannot be substantially repaired and restored under applicable laws Laws within forty-five nine (459) days months from the date of Casualtythe casualty; (b) In If, in the reasonable judgment of Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of If the Premises Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed fifteen percent (including15%) of the full replacement cost of the Building, without limitation, by smoke whether or water damage);not the Premises are at all damaged or destroyed; or (d) The Casualty If the fire or other casualty occurs during the last three (3) months year of the Term or if upon completion of repair and restoration there would be less than one (1) year remaining in the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) . If any of the circumstances described in Paragraphs subparagraphs (a), (b), (c) through or (hd) above of this Section 12.2 occur or arise, Landlord shall notify give Tenant in writing of the fact notice within thirty ninety (3090) days after the date of the Casualty and in such notice casualty, specifying whether Landlord shall also advise Tenant whether Lxxxxxxx has elected elects to terminate this Lease as provided hereinabove and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If Landlord elects to terminate this Lease pursuant to the provisions of this Article 12 then such termination shall be effective as of the date of the casualty, and all Base Rent, Additional Rent, Operating Costs and Taxes paid by Tenant and accruing subsequent to the date of such casualty shall be returned to Tenant.

Landlord’s Right to Terminate. Upon receipt of any Offer Notice in which Tenant proposes to assign this Lease (i) Notwithstanding which shall include, for purposes of this Section 13.4, a proposed subletting of all or substantially all of the provisions Premises for the entire or substantially the entire remaining Lease Term), or in which Tenant proposes to sublet less than substantially all of Section 12.1the Premises for the entire or substantially the entire remaining Lease Term, then and in such event Landlord shall have no obligation the right, exercisable by notice to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any of the following occurs: (a) In Landlord’s sole judgment, the Premises cannot be substantially repaired and restored under applicable laws within forty-five (45) days from the date of Casualty; (b) In Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If any of the circumstances described in Paragraphs (a) through (h) above occur or arise, Landlord shall notify Tenant in writing of the fact given within thirty (30) days after Landlord receives Tenant’s Offer Notice, and in addition to the other rights granted Landlord under this Article 13, (i) in the case of an assignment, to terminate this Lease, in which event this Lease shall terminate on the date fixed in Landlord’s notice, which shall not be less than thirty (30) nor more than ninety (90) days after the giving of such notice, with the same force and effect as if the termination date fixed in Landlord’s notice were the date originally fixed in this Lease as the Expiration Date, or (ii) in the case of a subletting of less than substantially all of the Casualty and in such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected Premises, to terminate this Lease as provided hereinwith respect to the space proposed by Tenant to be sublet, in which event on the date fixed in Landlord’s notice, which shall not be less than thirty (30) nor more than ninety (90) days after the giving of such notice, such space shall no longer be part of the Premises or covered by this Lease and the rentable area of the Premises, the Annual Fixed Rent, Tenant’s Tax Payment and Tenant’s Share of Operating Expenses shall be appropriately reduced. If Landlord fails to respond within thirty (30) days after Tenant’s submittal of Tenant’s Offer Notice, Tenant may provide Landlord with an additional notice which shall set forth in bold capital letters the following statement: “IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN TENANT SHALL BE ENTITLED TO SUBLET THE PREMISES OR ASSIGN THE LEASE IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN OFFER SUBMITTED TO LANDLORD ON [ENTER DATE]”. If Landlord fails to respond to such notice within five (5) Business Days after receipt by Landlord, then Landlord shall be deemed to have waived its rights under this Section 13.4 with respect to such Offer Notice. For the avoidance of doubt, the time periods in which Landlord may exercise its rights under Section 13.3 or this Section 13.4 shall run concurrently with respect to any Offer Notice delivered to Landlord.

Landlord’s Right to Terminate. (ia) Notwithstanding Upon receipt of any Offer Notice in which Tenant proposes to assign this Lease, or in which Tenant proposes to sublet all or substantially all of the provisions Premises for the entire or substantially the entire remaining Term (provided that Tenant is permitted to assign or sublet such space pursuant to the terms hereof), then and in either of Section 12.1, such events Landlord shall have no obligation the right, subject to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by obtaining of any Casualty, if any required consent of the following occurs: Port Authority, exercisable by notice to Tenant given within (aI) In Landlord’s sole judgment, the Premises cannot be substantially repaired and restored under applicable laws within forty-five thirty (4530) days if such Offer Notice is based on a bona fide written offer from the date an independent third party or such third party’s broker or (II) if not based on such a bona fide written offer from an independent third party or such third party’s broker, (A) sixty (60) days after Landlord receives Tenant’s Offer Notice if such Offer Notice pertains to a proposed subletting of Casualty; (b) In Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months of the Term; (e) The holder of any deed of trust, security agreementfull floors or less, or mortgage encumbering within (B) ninety (90) days after receipt of such Offer Notice if such Offer Notice pertains to a proposed subletting of more than three (3) full floors, and in addition to the Premises elects other rights granted Landlord under this Article 14, (i) in the case of an assignment, to terminate this Lease, in which event this Lease shall terminate on the date fixed in the Offer Notice, which shall not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If any of the circumstances described in Paragraphs (a) through (h) above occur or arise, Landlord shall notify Tenant in writing of the fact within less than thirty (30) days after the giving of such notice, with the same force and effect as if the termination date fixed in the Offer Notice were the date originally fixed in this Lease as the Expiration Date, or (ii) in the case of a subletting of all or any portion of the Casualty and in such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected Premises for the entire or substantially the entire remaining Term, to terminate this Lease with respect to the space proposed by Tenant to be sublet, in which event on the date fixed in the applicable Offer Notice, which shall not be less than thirty (30) days after the giving of such notice, such space shall no longer be part of the Premises or covered by this Lease and the RSF of the Premises, the Fixed Rent, Tenant’s Share of Taxes and/or Tenant’s Share of Pilot, as applicable, and Tenant’s Share of Operating Expenses shall be appropriately reduced. For purposes of this Section 14.5 and Section 14.4 hereof, “all or substantially all of the Premises” shall mean ninety percent (90%) or more of the rentable area of the Premises; and “the entire or substantially the entire remaining Term” shall mean ninety percent (90%) or more of the remaining Term as of the date of the proposed commencement of the sublease or the proposed effective date of the assignment. (b) Notwithstanding anything to the contrary contained in this Section 14.5, but subject to the succeeding sentence, so long as the relevant Offer Notice was not based on a bona fide written offer from an independent third party or such third party’s broker, Landlord may exercise its recapture right pursuant to this Section 14.5 with respect to less than all of the proposed space to be sublet or assigned, provided hereinthat the portion of the Premises to be sublet or assigned with respect to which Landlord so elects to recapture shall constitute one or more full floors designated by Landlord in its sole discretion. Notwithstanding the foregoing, except that if Tenant shall have designated in the applicable Offer Notice a particular block of floors which Tenant intends to market for sublease or assignment as one or more full floors and shall have a legitimate business reason for so designating such floors (it being agreed that if Tenant delivers an Offer Notice that designates any such floors as a block, and Tenant thereafter intends to so market different floor(s) as a block, or to lease such floor(s) separately, then Tenant shall be required to reoffer such proposed space to be sublet or assigned to Landlord under this Section 14.5, subject to the provisions hereof). The cost and expense to (i) erect the partitions required to separate the portion of the Premises to be recaptured from the remainder of the Premises, (ii) slab over all internal staircases within the Premises connecting the portion of the Premises to be recaptured from the remainder of the Premises and (iii) install all other equipment or facilities which may be required in order to use the space to be recaptured as a unit or units separate from the remainder of the Premises shall be paid by the party or parties as designated in the Offer Notice. (c) Any recapture by Landlord shall be subject to any existing subleases demising all or any portion of the space to be recaptured, provided that (i) such subleases shall have been entered into in compliance with the provisions of this Article 14 and (ii) the applicable Offer Notice expressly provides that the proposed subletting or assignment will be subject to the rights of the subtenants under such subleases.

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any of fire or other casualty under the following occurscircumstances: (a) In If in Landlord’s sole judgment, reasonable judgment the Premises cannot be substantially repaired and restored under applicable laws Laws within forty-five one (451) days year from the date of Casualtythe casualty; (b) In Landlord’s sole judgment, If adequate insurance proceeds from Landlord’s Property Insurance Policy are not, not for any reason, including the casualty not being a casualty for which Landlord is required to maintain insurance pursuant to Paragraph 11.2 or a decision made by any Mortgagee (as defined in Paragraph 21.2), made available to Landlord from Landlord’s insurance policies (and/or from Landlord’s funds made available for such purpose, in Landlord’s sole and absolute discretion) to make cover the entire cost of the required repairs;; provided, however, that Landlord shall not have the right to terminate this Lease pursuant to this subparagraph (b) if either (x) the shortfall in insurance proceeds is less than five percent (5%) of the replacement cost of the Building or (y) Tenant elects to fund any shortfall in insurance proceeds greater than or equal to ten percent (10%) of the replacement cost of the Building; or (c) 50% If the fire or more of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty other casualty occurs during the last three one (31) months year of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) . If any of the circumstances described in Paragraphs subparagraphs (a), (b), or (c) through (h) above of this Paragraph 12.2 occur or arise, Landlord shall notify give Tenant in writing of the fact notice within thirty ninety (3090) days after the date of the Casualty and in such notice casualty, specifying whether Landlord shall also advise Tenant whether Lxxxxxxx has elected elects to terminate this Lease as provided hereinabove and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If Landlord elects to terminate this Lease, the Lease shall terminate fifteen (15) days after the date Tenant receives notice of Landlord’s election.

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any of fire or other casualty under the following occurscircumstances: (a) In If more than sixty five percent (65%) of the Premises or Property are damaged and in Landlord’s sole judgment, reasonable judgment the Premises and the Property cannot be substantially repaired and restored under applicable laws Laws within forty-five (45) 270 days from the date of Casualtythe casualty; (b) In If, based on Landlord’s sole judgmentreasonable estimate of the cost to repair or restore the Premises, adequate insurance proceeds from (excluding the amount of any insurance deductibles then carried by Landlord) will not for any reason (other than Landlord’s Property Insurance Policy are notbreach of its obligation to carry property insurance hereunder), for including a decision made by any reasonMortgagee (as defined in Section 20.2), made available to Landlord from Landlord’s insurance policies to make cover the entire cost of the required repairs;repairs in excess of the first One Hundred Fifty Thousand Dollars ($150,000.00) therefor, it being agreed that Landlord and Tenant shall split equally, on a dollar for dollar basis, the cost of such required repairs up to One Hundred Fifty Thousand Dollars ($150,000.00), and Tenant does not agree to fund such excess costs over the first One Hundred Fifty Thousand Dollars ($150,000.00) within twenty (20) days after its receipt of a written termination notice from Landlord; or (c) 50% If the fire or more of other casualty damage to the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months year of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering Term and the Premises elects not to permit the insurance proceeds payable upon damage to or destruction restoration of the Premises cannot be substantially completed within ninety (90) days after the date of such damage; provided, however, that Landlord may not terminate this Lease pursuant to be used for this Section 12.2(c) (without limiting Landlord’s termination rights under Sections 12.2(a) and (b)) if Tenant, at the time of such repairdamage, reconstruction, or restoration; has an express written option to extend the Term and Tenant exercises such option within thirty (f30) A days following the delivery to Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) Landlord’s written termination notice. If any of the circumstances described in Paragraphs subparagraphs (a), (b) through or (hc) above of this Section 12.2 occur or arise, Landlord shall notify give Tenant in writing notice within sixty (60) days after the date of the fact within casualty, specifying whether Landlord elects to terminate this Lease as provided above and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If Landlord elects to terminate this Lease, the Lease shall terminate thirty (30) days after the date Tenant receives notice of the Casualty and in such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected to terminate this Lease as provided hereinLandlord’s election.

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following in any case where (a) any portion of the Premises or a material portion of the Project are damaged and (b) either (i) Landlord estimates in good faith that the repair and restoration of such damage caused under Section 13.4 ("RESTORATION") cannot reasonably be completed (without the payment of overtime) within one hundred eighty (180) days of Landlord's actual discovery of such damage, (ii) Landlord determines in good faith that such Restoration is uneconomical, (iii) the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, (iv) the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or (v) Tenant shall be entitled to an abatement of rent under Section 13.5 for any Casualtyperiod of time in excess of thirty-three percent (33%) of the remainder of the term (without regard to Extension Terms, if unless any of the options granted to Tenant with respect thereto have been previously exercised by Tenant). Such right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following occurs: (a) In Landlord’s sole judgment, the Premises cannot be substantially repaired and restored under applicable laws within Casualty until forty-five (45) days from following the date later of Casualty; (bi) In Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more delivery of the Premises is damaged Damage Notice or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If Landlord's discovery or determination of any of the circumstances events described in Paragraphs clauses (ai) through (hv) above occur or arise, Landlord shall notify Tenant in writing of the fact within preceding sentence and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days after the date of the Casualty and in such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected to terminate this Lease as provided hereinthereafter).

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect not to rebuild and/or restore the Premises and the Building, and instead terminate this Lease following damage caused by any Casualty, if any notifying Tenant in wilting of the following occurs: such termination (a) In “Landlord’s sole judgment, Termination Notice”) within the Premises cannot be substantially repaired and restored under applicable laws within latest of: (x) forty-five (45) days from after the date of Casualty; (b) In Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more discovery of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (fy) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If any of the circumstances described in Paragraphs (a) through (h) above occur or arise, Landlord shall notify Tenant in writing of the fact within thirty (30) days after the date of the Casualty and in Restoration Period Estimate (such latest date, the “Landlord’s Termination Date”) such notice to include a termination date giving Tenant ninety (90) days to vacate the Premises, but Landlord may so elect only if the Premises damaged by fire or other casualty or cause, if one or more of the following conditions are present: (i) the damage is caused by a peril or cause which is not covered by Landlord’s insurance policies (and/or would not be covered by the policies Landlord is required to carry pursuant to this Lease) and, in Landlord’s reasonable judgment, the cost to repair the damage exceeds $1,500,000 (such amount, the “Uninsured Loss”), provided, however, if Tenant agrees to pay for the Uninsured Loss, and deposits such sum with Landlord’s mortgagee (or if there is no mortgagee, with a mutually acceptable escrow agent) within ten (10) business days after Tenant receives Landlord’s notice of termination, then Landlord shall also advise Tenant whether Lxxxxxxx has elected not have the right to elect not to rebuild or restore and to terminate the Lease based on this subsection (i); or (ii) the damage occurs during the last twenty-four (24) months of the Lease as provided hereinTerm, provided, however, if the damage occurs during the last twenty-four (24) months of the Lease Term, and Tenant has an option to extend under Section 7 that has not yet been exercised, and Tenant exercises such option, by written notice given to Landlord within ten (10) business days after Tenant receives Landlord’s notice of termination, then Landlord shall not have the right to elect not to rebuild or restore and to terminate the Lease based on this subsection (ii).

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any of fire or other casualty under the following occurscircumstances: (a) In If, in the reasonable judgment of Landlord’s sole judgment, the Premises and the Property cannot be substantially repaired and restored under applicable laws Laws within forty-five nine (459) days months from the date of Casualtythe casualty; (b) In If, in the reasonable judgment of Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of If the Premises Building is damaged or destroyed to the extent that, in the reasonable judgment of Landlord, the cost to repair and restore the Building would exceed fifteen percent (including15%) of the full replacement cost of the Building, without limitation, by smoke whether or water damage);not the Premises are at all damaged or destroyed; or (d) The Casualty If the fire or other casualty occurs during the last three (3) months year of the Term or if upon completion of repair and restoration there would be less than one (1) year remaining in the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) . If any of the circumstances described in Paragraphs subparagraphs (a), (b), (c) through or (hd) above of this Section 12.2 occur or arise, Landlord shall notify give Tenant in writing of the fact notice within thirty ninety (3090) days after the date of the Casualty and in such notice casualty, specifying whether Landlord shall also advise Tenant whether Lxxxxxxx has elected elects to terminate this Lease as provided hereinabove and, if not, Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease. If Landlord elects to terminate this Lease pursuant to the provisions of this Article 12, then such termination shall be effective as of the date of the casualty, and all Base Rent, Additional Rent, Operating Costs and Taxes paid by Tenant and accruing subsequent to the date of such casualty shall be returned to Tenant.

Landlord’s Right to Terminate. Landlord shall have the right to terminate this Lease in the event any of the following events occurs: (i) Notwithstanding The Premises are destroyed and insurance proceeds are not available to pay ninety (90%) percent of the provisions cost of Section 12.1repair, Landlord excluding any deductible for which Tenant shall have no obligation be responsible; (ii) The Premises or the Building is destroyed and more than one hundred twenty (120) days is reasonably required to repair or restore the Premises, or the Building, as the case may be; (iii) The Premises or Building cannot be safely repaired because of the presence of hazardous factors, including but not limited to, earthquake faults, radiation, chemical waste and other similar dangers. If Landlord may elect elects to terminate this Lease following damage caused by any Casualty, if any of the following occurs: (a) In Landlord’s sole judgment, the Premises cannot be substantially repaired and restored under applicable laws within forty-five (45) days from the date of Casualty; (b) In Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s insurance policies to make the required repairs; (c) 50% or more of the Premises is damaged or destroyed (including, without limitation, by smoke or water damage); (d) The Casualty occurs during the last three (3) months of the Term; (e) The holder of any deed of trust, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If any of the circumstances described in Paragraphs (a) through (h) above occur or ariseLease, Landlord shall notify give Tenant in writing of the fact written notice or its election to terminate within thirty (30) days after such damage or destruction, and this Lease shall terminate fifteen (15) days after the date Tenant receives such notice. If Landlord elects not to terminate the Lease, Landlord shall give notice to Tenant of its election to rebuild within thirty (30) days of casualty to the Premises and such notice shall specify Landlord's architect's or engineer's reasonable estimate as to the time required to rebuild or restore the Premises. If, in the reasonable opinion of Landlord's architect or enginexx, xxx Premises will take longer 4..han one hundred twenty (120) days to rebuild or restore and Landlord has elected to perform such rebuilding or restoration, Tenant may, notwithstanding Landlord's election, terminate this Lease by written notice to Landlord of such termination within ten (10) days after its receipt of Landlord's notice. Such termination shall be effective thirty (30) days after the giving of Tenant's notice. Landlord shaxx xxomptly, following the date of such damage or destruction, commence the process of obtaining necessary permits and approvals, and shall commence repair of the Premises or the Building as soon as practicable and thereafter prosecute the same diligently to completion, in which event this Lease will continue in full force and effect. All insurance proceeds from insurance under Paragraph 22., excluding proceeds for trade fixtures, equipment and other personal Property of Tenant, shall be disbursed and paid to Landlord. If the casualty to the Premises or the Building is due to Landlord's negligence or willful misconduct, Landlord shall at Tenant's option be obligated to rebuild or restore the same notwithstanding any insufficiency of insurance proceeds provided that Landlord's out--of--pocket costs for such restoration do not exceed Fifty Thousand and no/lOOths Dollars ($50,000.00). If Landlord fails to restore the Premises (including reasonable means of access thereto) within a period which is sixty days longer than the period stated in Landlord's notice to Tenant as the estimated rebuilding period, Tenant, at any time thereafter until such rebuilding is completed, may terminate this Lease by delivering written notice to Landlord of such termination, in which event this Lease shall terminate as of the date of the Casualty and in giving of such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected to terminate this Lease as provided hereinnotice.

Landlord’s Right to Terminate. (i) Notwithstanding the provisions of Section 12.1Following a Casualty, Landlord shall have no obligation to repair or restore the Premises, and Landlord may elect to terminate this Lease following damage caused by any Casualty, if any of under the following occurs:circumstances (each, a “Casualty Termination Condition”): (a) In If, in the reasonable judgment of Landlord’s sole judgment, the Premises Restoration (when the same are made without the payment of overtime or other premiums) cannot be substantially repaired and restored under applicable laws completed within forty-five one (45I) days from year after the date of the Casualty; (b) In If, in the reasonable judgment of Landlord’s sole judgment, adequate proceeds from Landlord’s Property Insurance Policy are not, for any reason, made available to Landlord from Landlord’s and Tenant’s insurance policies to make perform the required repairsRestoration; (c) 50% or more of If the Premises Project is damaged or destroyed to the extent that the cost of Restoration exceeds twenty-five percent (including25%) of the full replacement cost of the Project, without limitation, by smoke whether or water damage);not the Premises are damaged or destroyed; or (d) The If the Casualty occurs during within the last three twelve (312) months of the Term; Term of this Lease. Within one hundred twenty (e120) The holder days following any Casualty (or as soon thereafter as is reasonably practicable), Landlord shall give notice to Tenant (the “Landlord Casualty Notice”) setting forth the estimated time required, in Landlord’s reasonable judgment, to complete the Restoration (when the same are made without the payment of any deed of trustovertime or other premiums); and, security agreement, or mortgage encumbering the Premises elects not to permit the insurance proceeds payable upon damage to or destruction of the Premises to be used for such repair, reconstruction, or restoration; (f) A Tenant default, or an event that, with the giving of notice or passage of time, would become a Tenant default; or (g) The Tenant has vacated or abandoned the Premises. (ii) If if any of the circumstances described in Paragraphs (a) through (h) above occur or ariseCasualty Termination Conditions are applicable, whether Landlord shall notify Tenant in writing perform the Restoration or elect to terminate this Lease. If Landlord elects to terminate this Lease, such termination will be effective as of the fact within date specified in the Landlord Casualty Notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date of the Landlord Casualty and in such notice Landlord shall also advise Tenant whether Lxxxxxxx has elected Notice is delivered to terminate this Lease as provided hereinTenant.