Common use of LOSS BY CASUALTY Clause in Contracts

LOSS BY CASUALTY. If the Building is damaged or destroyed by fire or other casualty and the estimated time for restoration and repair exceeds one hundred eighty (180) days, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within sixty (60) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable), in the proportion that the untenantable or unsuitable portion of the Premises bears to the entire Premises. Any other provision in this Lease to the contrary notwithstanding, if the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and it is estimated that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and procedures, then Tenant shall have the right to terminate this Lease by delivering written notice to that effect to Landlord within sixty (60) days after the date of the damage. Similarly, if any damage to the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsed.

LOSS BY CASUALTY. If the Building is materially damaged or destroyed by fire or other casualty and (“Casualty”) to the estimated time for restoration and repair exceeds one extent that damage to the Building cannot reasonably be repaired within three hundred eighty sixty-five (180365) daysdays after the date of the Casualty, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within sixty ninety (6090) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals rent shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable)untenantable, in the proportion that the untenantable or unsuitable portion of the Premises Building bears to the entire Building. Landlord shall provide Tenant written notice of its anticipation of the time required to perform such restoration within ninety (90) days of the date of the Casualty. Landlord shall not be responsible to Tenant for damage to any inventory, furnishings, equipment, trade fixtures or other personal property in or about the Premises. Any In addition, in the event the parking areas or other provision common areas serving the Premises or access to the Premises is partially or totally destroyed or damaged by a Casualty and, as a result thereof, Tenant’s use of the Premises for its permitted use is materially and adversely affected, then Tenant’s obligation to pay rent shall be abated in equitable proportion to such effect on Tenant’s use of the Premises for its permitted use for so long as such affect continues or this Lease terminates. In the event of any damage or destruction to the contrary notwithstandingPremises, if the PremisesProperty, the common areas, access to the Premises and/or any part of Premises, or the Building that provides essential services to parking areas serving the Premises is damaged in whole which cannot be repaired and restored by Landlord within 365 days from the occurrence of such damage or destruction or in part from any cause and it is estimated the event that the time period to repair and restore the restoration of any such damage will be 180 days or more from the date of the damage using standard working methods and proceduresdestruction is not substantially completed within such 365-day period for any reason, then Tenant shall have the right option to terminate this Lease effective immediately by delivering providing written notice to that effect to Landlord within sixty (60) days after the date of the damage. Similarly, if any damage to the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsedLandlord.

LOSS BY CASUALTY. A. If the Building is damaged or destroyed by fire or other casualty and the estimated time for restoration and repair exceeds one hundred eighty (180) dayscasualty, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within sixty ninety (6090) days after such damage or destruction. If a portion of the Premises or Building is damaged by fire or other casualty, and in the reasonable opinion of Landlord: i) the Premises cannot be restored to tenantable condition within a period of ninety (90) days following the commencement of such restoration work, and/or ii) the cost of performing such restoration work exceeds the proceeds of Landlord’s casualty insurance by more than $100,000, then Landlord does shall not elect be required to make any repairs and Landlord shall have the right to terminate this Lease, Agreement upon written notice to Tenant within thirty (30) days of the date of such fire or other casualty, in which event, this Lease AgreementAgreement shall terminate as of the date of such notice and Landlord and Tenant shall be released from any and all liability thereafter accruing hereunder. Landlord shall notify Tenant of its decision to rebuild or not within said thirty (30) day period. Anything herein to the contrary notwithstanding, if the Premises are destroyed or so damaged that they cannot be repaired and made tenantable within ninety (90) days following commencement of such restoration work, or so damaged that Landlord shallshall decide not to repair or rebuild, at its expenseor Landlord decides to repair or rebuild, or Landlord decides to repair or rebuild, but does not restore the Premises to a tenantable condition within ninety (90) days after commencement of such restoration work (subject to an extension of up to an additional sixty (60) days due to causes beyond Landlord’s control), then, in any of such instances, Tenant may terminate this Lease Agreement by giving notice to Landlord within thirty (30) days after Tenant’s receipt of Landlord’s notice or the expiration of said ninety (90) day period (as near the condition which existed immediately prior extended due to such damage or destructioncauses beyond Landlord’s control, as reasonably possibleset forth above) as applicable, in which event this Lease Agreement shall terminate as of the date of such notice and Landlord and Tenant shall be released from any and all liability thereafter accruing hereunder. If this Lease Agreement has not been terminated by either Landlord or Tenant, then the rentals rents due hereunder shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable)untenantable, in the proportion that the untenantable or unsuitable portion of the Premises bears to the entire Premises. Any other provision in this Lease to the contrary notwithstanding, if the Premises, access to . B. If the Premises and/or are to be repaired under this Article 16, Landlord shall repair any part of the Building that provides essential services to the Premises is damaged in whole injury or in part from any cause and it is estimated that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and procedures, then Tenant shall have the right to terminate this Lease by delivering written notice to that effect to Landlord within sixty (60) days after the date of the damage. Similarly, if any damage to the PremisesBuilding itself and the Premises in substantially the condition the Premises were in at the execution of this Lease Agreement, access specifically excluding any leasehold improvements constructed by Tenant, Tenant’s Equipment or any Collateral, all of which shall be restored to the extent Tenant deems necessary, at Tenant’s sole cost and expense. Tenant shall, at its own cost and expense, remove all of its furniture and other personal property from the Premises and/or any part as Landlord shall reasonably require in connection with its repair and restoration of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate under this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsedArticle 16.

LOSS BY CASUALTY. If Unless Landlord shall have completed the Remedial Action, if more than twenty percent (20%) of the Building is damaged by casualty which has the effect of preventing Tenant's use of the Premises, and Landlord reasonably determines that it shall take more than 180 days to restore such casualty, either Landlord or destroyed by fire or other casualty and the estimated time for restoration and repair exceeds one hundred eighty (180) days, the Landlord shall have the right to Tenant may terminate this Lease Agreement, provided it gives written the other party notice thereof to the Tenant within sixty (60) days after such of the damage or destruction("NOTICE PERIOD"). If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreementis not so terminated, the Landlord shall, at its expense, Tenant shall promptly restore the Premises to as near the condition which existed immediately prior to such damage or destruction, casualty as may be reasonably possible; provided, and however, that Tenant shall not be required to expend any funds for such restoration other than insurance proceeds made available to it pursuant to its insurance maintenance obligations under Section 9 herein, plus the rentals amount of any applicable deductible. Tenant's obligation to pay monthly installments of Rent shall xxxxx abate during such period of time as that the Premises are Building is untenantable, xx the proportion that the untenantable or unsuitable portions of the Building bears to the entire Building but only for Tenant’s use (so long as Tenant is not actually occupying actively completing (or causing to be completed) such restoration with reasonable due diligence. Notwithstanding the Premises or foregoing, if Landlord shall have completed the portion thereof that has been rendered untenantable or unsuitable)Remedial Action at the time of any casualty, in the proportion that the untenantable or unsuitable portion of the Premises bears to the entire Premises. Any other provision in this Lease to shall not terminate and the contrary notwithstanding, if the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and it is estimated that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and procedures, then Tenant shall have the right to terminate this Lease by delivering written notice to that effect to Landlord within sixty (60) days after the date of the damage. Similarlycomply with its obligations under Section 18 notwithstanding such casualty, if any damage to the Premises, access to the Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure)does comply with its obligations under Section 18, then Tenant shall have not be obligated to restore the right to terminate this Lease Premises as provided hereunder except as may be required by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsedapplicable law.

LOSS BY CASUALTY. A. If the Building is damaged or destroyed by fire or other casualty and the estimated time for restoration and repair exceeds one hundred eighty casualty, (180) days, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within sixty ninety (6090) days after such damage or destructiondestniction. If a portion of the Premises of Building is damaged by fire or other casualty, and in the reasonable opinion of Landlord: i) the Premises cannot be restored to tenantable condition within a period of ninety (90) days following the commencement of such restoration work, and/or ii) (the cost of performing such restoration work exceeds the proceeds of Landlord's casualty insurance by more than $100,000, then Landlord shall not be required to make any repairs and Landlord shall have the right to terminate the Lease Agreement upon written notice to Tenant within thirty (30) days of the date of such fire or other casualty, the which event, the Lease Agreement shall terminate as of the date of such notice and Landlord and Tenant shall be: released from any and all liability thereafter accrued hereunder. Landlord shall notify Tenant of its decision to rebuild or not within said thirty (30) day period. Anything herein to the contrary notwithstanding if the Premises are destroyed or so damaged that they cannot be repaired and made tenantable within ninety (90) days following commencement of such restoration work, or so damaged that Landlord shall decide not to repair or rebuild, or Landlord decides to repair or rebuild, or Landlord decides to repair or rebuild, but does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to a tenantable condition within ninety (90) days after commencement of such restoration work (subject to an extension of up to an additional sixty (60) days due to causes beyond Landlord's control), then, in any of such instances, Tenant may terminate this Lease Agreement by giving notice to Landlord within thirty (30) days after Tenant's receipt of Landlord's notice or the expiration of said ninety (90) day period (as near the condition which existed immediately prior extended due to such damage or destructioncauses beyond Landlord's control, as reasonably possibleset forth above) as applicable, in which event this Lease Agreement shall terminate as of the date of such notice and Landlord and Tenant shall be released from any and all liability thereafter accruing hereunder. If this Lease Agreement has not been determinated by either Landlord or Tenant, then the rentals rents due hereunder shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable)untenantable, in the proportion that the untenantable or unsuitable portion of the Premises bears to the entire Premises. Any other provision in this Lease to the contrary notwithstanding, if the Premises, access to . B. If the Premises and/or are to be repaired under this Article 16, Landlord shall repair any part of the Building that provides essential services to the Premises is damaged in whole injury or in part from any cause and it is estimated that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and procedures, then Tenant shall have the right to terminate this Lease by delivering written notice to that effect to Landlord within sixty (60) days after the date of the damage. Similarly, if any damage to the PremisesBuilding itself and the Premises in substantially the condition the Premises were in at the execution of this Lease Agreement, access specifically excluding any leasehold improvements constructed by Tenant, Tenant's Equipment or any Collateral, all of which shall be restored to the extent Tenant deems necessary, at Tenant's sole cost and expense. Tenant shall, at its own cost and expense, remove all of its furniture and other personal property from the Premises and/or any part as Landlord shall reasonably require in connection with its repair and restoration of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate under this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsedArticle 16.

LOSS BY CASUALTY. In the event of any damage or destruction to the Leased Premises by fire or other cause during the term hereof, the following provisions shall apply; (a) If the Building is damaged or destroyed by fire or any other casualty and cause to such extent that the cost of restoration, as reasonably estimated time for restoration and repair exceeds by Landlord, will equal or exceed thirty percent (30%) of said replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, or if in the opinion of the Landlord such damages cannot be restored or repaired within one hundred eighty twenty (180120) daysdays from the date of such casualty, then Landlord may, no later than the Landlord shall have sixtieth (60th) day following the right damage, give Tenant written notice of Landlord's election to terminate this Lease AgreementLease. (b) If the cost of restoration as estimated by Landlord will equal or exceed fifty percent (50%) of said replacement value of the Building and if the Leased Premises are not suitable as a result of said damage for the purposes for which they are demised hereunder, provided it gives in the reasonable opinion of Tenant, then Tenant may, no later than the sixtieth (60th) day following the damage, give Landlord a written notice thereof of election to terminate this Lease. (c) If the Tenant within sixty cost of restoration as estimated by Landlord shall amount to less than thirty percent (6030%) days after such damage or destruction. If a portion of said replacement value of the Premises is damaged by fire Building, or other casualtyif, and despite the cost, Landlord does not elect to terminate this Lease AgreementLease, the Landlord shall, at its expense, shall restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, Building and the Leased Premises with reasonable promptness, subject to delays beyond Landlord's control and delays in the making of insurance adjustments by Landlord; and Tenant shalt have no right to terminate this Lease except as herein provided Landlord shall not be responsible for restoring or repairing leasehold improvements installed by or paid for by Tenant. (d) In the event of either of the elections to terminate, this Lease shall be deemed to terminate on the date of the receipt of the notice of election and all rentals shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable), in the proportion that the untenantable or unsuitable portion of the Premises bears be paid up to the entire Premisesdate. Any other provision in Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease Lease. (e) In any case where damage to the contrary notwithstanding, if Building shall materially affect the Premises, access Leased Premises so as to the Premises and/or any part of the Building that provides essential services to the Premises is damaged render them unsuitable in whole or in part from any cause and it is estimated that for the time period to repair and restore the damage will be 180 days or more from the date purposes for which they are demised hereunder, then, a portion of the damage using standard working methods and procedures, then Tenant shall have rent based upon the right to terminate this Lease by delivering written notice to that effect to Landlord within sixty (60) days after the date amount of the damage. Similarly, if any damage extent to which the Premises, access to the Leased Premises and/or any part of the Building that provides essential services to the Premises is damaged in whole are rendered unsuitable shall be abated until repaired or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsedrestored.

LOSS BY CASUALTY. A. If the Building is damaged or destroyed by fire or other casualty and the estimated time for restoration and repair exceeds one hundred eighty (180) dayscasualty, the Landlord shall have promptly repair the right to terminate same unless this Lease Agreement, is terminated as provided it gives written notice thereof to the Tenant within sixty (60) days after such damage or destructionherein. If a portion 25% or more of the Premises Building is damaged by fire or other casualty, and in the reasonable opinion of Landlord: i) the Premises cannot be restored to tenantable condition within a period of ninety (90) days following the commencement of such restoration work, and/or ii) the cost of performing such restoration work exceeds the proceeds of Landlord's casualty insurance or the casualty insurance that Landlord does is required to carry pursuant to this Lease Agreement, whichever is greater, by more than $100,000, excluding any applicable deductible, then Landlord shall not elect be required to make any repairs and Landlord, if it elects not to make repairs, shall have the right to terminate this Lease AgreementAgreement upon written notice to Tenant within thirty (30) days of the date of such fire or other casualty, in which event, this Lease Agreement shall terminate as of the date specified in such notice, which date shall be at least 30 not more than sixty days after such notice, and Landlord shalland Tenant shall be released from any and all liability thereafter accruing hereunder. Landlord shall notify Tenant of its decision to rebuild or not within said thirty (30) day period. Anything herein to the contrary notwithstanding, at its expenseif the Premises or any other portions of the Building providing essential services or access to the Premises are destroyed or so damaged that they cannot be repaired and made tenantable within ninety (90) days following commencement of such restoration work, or so damaged that Landlord shall decide not to repair or rebuild, or Landlord decides to repair or rebuild, but does not restore the Premises or any such other portions of the Building to a tenantable condition within ninety (90) after commencement of such restoration work (subject to an extension of up to an additional sixty (30) days due to causes beyond Landlord's control), or if for any other reason the Premises is not restored to a tenantable condition within 150 days of the date of the fire or other casualty, then, in any of such instances, Tenant may terminate this Lease Agreement by giving notice to Landlord within thirty (30) days after Tenant's receipt of Landlord's notice or the expiration of said ninety (90) day period (as near the condition which existed immediately prior extended due to such damage or destructioncauses beyond Landlord's control, as reasonably possibleset forth above) or the expiration of the 150 day period as set forth above, as applicable, in which event this Lease Agreement shall terminate as of the date of such notice and Landlord and Tenant shall be released from any and all liability thereafter accruing hereunder. If this Lease Agreement has not been terminated by either Landlord or Tenant, then the rentals rents due hereunder shall xxxxx during such period of time as the Premises are untenantable or unsuitable for Tenant’s use (so long as Tenant is not actually occupying the Premises or the portion thereof that has been rendered untenantable or unsuitable)untenantable, in the proportion that the untenantable or unsuitable portion of the Premises bears to the entire Premises. Any other provision in this Lease to the contrary notwithstandingPremises and, if the Premisesnecessary, access shall be refunded to the Premises and/or any part of the Building that provides essential services to Tenant. If the Premises is damaged in whole or in part from any cause and it is estimated so that the time period to repair and restore the damage will be 180 days or more from the date of the damage using standard working methods and proceduresTenant cannot reasonably conduct its business therein, then immediately following such damage, Tenant shall have the right to terminate this Lease relocate the Premises for the balance of the Term, including any renewals, to any other space in the Building which may then be "Available for Leasing" (as defined in Article 34 below), by delivering written notice to that effect given to Landlord within sixty (60) 45 days after such damage (but prior to the date of the damage. Similarlywhen, if at all, the Premises is restored). Landlord shall cooperate with Tenant in identifying such space which is Available for Leasing and, if Tenant exercises such right, in arranging for the relocation. If such relocated space varies in size from the Premises, a ratification agreement pursuant to first substantive paragraph of this Lease Agreement shall be entered into. B. If the Premises are to be repaired under this Article 16, Landlord shall repair any injury or damage to the PremisesBuilding itself and the Premises in substantially the condition the same were in at the execution of this Lease Agreement, access specifically excluding any leasehold improvements constructed by Tenant, Tenant's Equipment or any Collateral, all of which shall be restored to the extent Tenant deems necessary, at Tenant's sole cost and expense. Tenant shall at its own cost and expense, remove all of its furniture and other personal property from the Premises and/or any part as Landlord shall reasonably require in connection with its repair and restoration of the Building that provides essential services to the Premises is damaged in whole or in part from any cause and such damage is not in fact fully repaired and restored within 180 days from the date of the damage (irrespective of any estimated time for completion of the repair and restoration, but notwithstanding any delays caused by force majeure, provided that Tenant has received prompt notice of any force majeure), then Tenant shall have the right to terminate under this Lease by delivery of written notice to that effect to Landlord within thirty (30) days after said one hundred eighty (180) day period has lapsedArticle 16.