Common use of Landlord’s Termination Right Clause in Contracts

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.6, (a) if the Premises are materially damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), or (c) the insurance proceeds received by Landlord are not sufficient to pay for the restoration of such damage, then in any such event Landlord may, not later than sixty (60) days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five percent (75%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything ---------------------------- to the contrary contained in Section 11.613.1, if (ai) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s reasonable 's opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), ) and the estimated period for the repair or restoration of the Premises or the Building set forth in the Restoration Notice (as hereinafter defined) is more than twelve (12) months from the date of such damage or (cii) under the insurance proceeds received by provisions of any Mortgage or Superior Lease, Landlord are not sufficient shall be unable so to pay for restore the restoration of such damagePremises or Tenant's reasonable access to the Premises, then in any either such event event, Landlord may, not later than sixty (60) days following the date of the damage, terminate give Tenant a notice terminating this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five percent (75%) of the portion of the Building occupied for office purposes immediately prior to such damageLease. If this Lease is so terminated, then (a) the Term shall expire upon the 30th thirtieth (30th) day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s 's liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s 's reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), ) and the estimated period for the repair or restoration of the Premises or the Building set forth in the Restoration Notice (as hereinafter defined) is more than 12 months from the date of such damage or (cii) under the insurance proceeds received by provisions of any Mortgage or Superior Lease, Landlord are not sufficient shall be unable so to pay for restore the restoration of such damagePremises or Tenant's reasonable access to the Premises, then in any such event event, Landlord may, not later than sixty (60) 60 days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five percent (75%) % of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s 's liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building or Project shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, or reconstruction of the Building or Project, as the case may be, shall be required (whether or not the Premises are so damaged or rendered untenantable), or (c) if any Mortgagee shall require that the insurance proceeds received or any portion thereof be used to retire the Mortgage debt or any Lessor shall terminate the Superior Lease, as the case may be, or (d) if the damage is not fully covered, except for deductible amounts, by Landlord are not sufficient to pay for the restoration of such damageLandlord’s insurance policies, then in any of such event events, Landlord may, by notice to Tenant delivered not later than sixty (60) 60 days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five percent (75%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire effective upon the 30th day after such notice is given. If this Lease is so terminated, as if such date was (a) the expiration Term shall be deemed to expire on the effective date of the Term of this Leasesuch termination, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained foregoing, in Section 11.6the event of an Insurable Casualty Event, if (a) if any portion of the Premises Base Building Systems and/or the Building reasonably considered by landlords of high quality class A datacenter buildings comparable to the Building to be material to the operation of the Building is/are destroyed or materially damaged or are rendered wholly untenantabledamaged, or and (b) if the Building Repair Period-Estimated exceeds [*****], Landlord shall have the right to terminate this Lease by, and effective upon, written notice to Tenant as part of the Casualty Repair Notice given within [*****] after the date of such damage or destruction, provided that no termination by Landlord shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, effective unless Landlord has previously or reconstruction simultaneously terminated the leases of all other tenants and occupants of the Building shall be required (whether that are similarly affected by such damage or not destruction. Further notwithstanding the Premises are so damaged foregoing, in the event of an Uninsurable Casualty Event, if more than [*****] of the Building is destroyed or rendered untenantable), or (c) the insurance proceeds received by Landlord are not sufficient to pay for the restoration of such damagematerially damaged, then in any such event Landlord mayshall have the right to terminate this Lease by, not later than sixty (60) days following and effective upon, written notice to Tenant as part of the Casualty Repair Notice given within [*****] after the date of the damage, terminate this Lease by notice to Tenantsuch damage or destruction, provided that if the Premises are not damaged, no termination by Landlord may not terminate this Lease shall be effective unless Landlord similarly terminates has previously or simultaneously terminated the leases of all other tenants in the Building aggregating at least seventy-five percent (75%) of the portion and occupants of the Building occupied for office purposes immediately prior to that are similarly affected by such damagedamage or destruction. If this Lease is so terminatedterminated pursuant to this Section 9.1.1.1 or Sections 9.1.1.2 or 9.1.1.3 below, then (a) Landlord shall grant to Tenant a license, expiring [*****] after the Term shall expire upon the 30th day after such notice is given, as if such date was the expiration effective date of such termination, allowing Tenant the Term right to access the Building and the Tenant Space for the purpose of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) removing Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant's Personal Property.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.613.1, (a) if the Premises are materially damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s 's reasonable opinion, substantial alteration, demolition, or reconstruction demolition of the Building shall be required (whether or not the Premises are so shall have been damaged or rendered untenantable), or (c) the insurance proceeds received by Landlord are not sufficient to pay for the restoration of such damage, then in any such event event, Landlord may, not later than sixty (60) 60 days following the date of the damage, terminate give Tenant a written notice terminating this Lease by notice to TenantLease, provided that if the Premises are not damagedsubstantially damaged or rendered substantially untenantable, Landlord may not terminate this Lease unless Landlord similarly terminates the it shall elect to terminate leases of other tenants in the Building aggregating (including this Lease) affecting at least seventy-five 60 percent (75%) of the portion rentable area of the Building (excluding any rentable area occupied for office purposes immediately prior to such damageby Landlord or its affiliates). If this Lease is so terminated, then (ai) the Term shall expire upon the 30th 10th day after such notice is given, as if such date was the expiration date of the Term of this Lease, (bii) Tenant shall vacate the Premises and surrender the same to Landlord, (ciii) Tenant’s 's liability for Rent shall cease as of the date of the damage, and (div) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant, and (v) Landlord shall collect the insurance proceeds of policies providing coverage for Alterations and other improvements to the Premises. Landlord shall retain such proceeds to the extent that Landlord performed or paid for such Alterations and improvements, whether by contribution, offset or otherwise. The balance of such proceeds, if any, shall be paid to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s 's reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), or (c) if any Mortgagee shall require that the insurance proceeds received or any portion thereof be used to retire the Mortgage debt or any Lessor shall terminate the Superior Lease, as the case may be, or (d) if the damage is not fully covered, except for deductible amounts, by Landlord are not sufficient to pay for the restoration of such damageLandlord's insurance policies, then in any of such event events, Landlord may, not later than sixty (60) days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five percent (75%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th sixtieth (60th) day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s 's liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), ) and cannot be substantially completed within nine (9) months of the casualty or (c) the Landlord lacks insurance proceeds received by Landlord are not (after application under any Mortgage, sufficient to pay for restore the restoration of such damageBuilding), then in any either of such event events, Landlord may, not later than sixty (60) days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not materially damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five fifty percent (7550%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th sixtieth (60th) day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be promptly refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantableuntenantable and it is reasonably estimated to require more than fourteen (14) months from the date of such damage to cause Landlord’s restoration to have been Substantially Completed, or (b) if the Building shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), or (c) the insurance proceeds received by Landlord are not sufficient to pay for the restoration then in either of such damageevents, then in any such event Landlord may, not later than sixty (60) days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not materially damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five fifty percent (7550%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th thirtieth (30th) day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be promptly refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), or (c) if any Mortgagee shall require that the insurance proceeds received or any portion thereof be used to retire the Mortgage debt or any Lessor shall terminate the Superior Lease, as the case may be, or (d) if the damage is not fully covered, except for deductible amounts, by Landlord are not sufficient to pay for the restoration of such damageLandlord’s insurance policies, then in any of such event events, Landlord may, not later than sixty (60) days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five percent (75%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th thirtieth (30th) day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), or (c) if any Mortgagee shall require that the insurance proceeds received or any portion thereof be used to retire the Mortgage debt or any Lessor shall terminate the Superior Lease, as the case may be, or (d) if the damage is not fully covered, except for deductible amounts, by Landlord are not sufficient to pay for the restoration of such damageLandlord's insurance policies, then in any of such event events, Landlord may, not later than sixty (60) days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five fifty percent (7550%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th thirtieth (30th) day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage and the Security Deposit shall be promptly refunded by Landlord to Tenant.

Landlord’s Termination Right. Notwithstanding anything to the contrary contained in Section 11.611.3, (a) if the Premises are materially totally damaged or are rendered wholly untenantable, or (b) if the Building shall be so damaged that, in Landlord’s reasonable opinion, substantial alteration, demolition, or reconstruction of the Building shall be required (whether or not the Premises are so damaged or rendered untenantable), or (c) if any Mortgagee shall require that the insurance proceeds received or any material portion thereof be used to retire the Mortgage debt or any Lessor shall terminate the Superior Lease, as the case may be, or (d) if the cost of damage which is not covered by Landlord are not sufficient to pay for the restoration of such damageLandlord’s insurance policies exceeds Two Million and No/100 Dollars ($2,000,000.00), excluding any deductibles, then in any of such event events, Landlord may, not later than sixty (60) days following the date of the damage, terminate this Lease by notice to Tenant, provided that if the Premises are not damaged, Landlord may not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least seventy-five percent (75%) of the portion of the Building occupied for office purposes immediately prior to such damage. If this Lease is so terminated, then (a) the Term shall expire upon the 30th thirtieth (30th) day after such notice is given, as if such date was the expiration date of the Term of this Lease, (b) Tenant shall vacate the Premises and surrender the same to Landlord, (c) Tenant’s liability for Rent shall cease as of the date of the damage, and (d) any prepaid Rent for any period after the date of the damage shall be refunded by Landlord to Tenant.