LOSS NOT COVERED BY INSURANCE. If at any time prior to the expiration or earlier termination of this Lease the Premises or the Property is totally or partially damaged or destroyed in connection with a casualty, which loss to Landlord is not fully covered by insurance maintained by Landlord or for Landlord’s benefit (or required to be maintained by Landlord pursuant to § 14.3 above); and if such damage renders the Premises inaccessible or unusable to Tenant for their intended purpose in the ordinary course of its business, Landlord may, at its option, upon written notice given to Tenant within sixty (60) days after Tenant’s written notice to Landlord of the occurrence of such damage or destruction, either (a) elect to repair or to restore such damage or destruction or (b) elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect, except that the Base Rent shall be proportionately reduced as provided in § 15.1.1 above. If Landlord does not elect by notice to Tenant to repair such damage, the Lease shall terminate as of the date of Tenant’s receipt of Landlord’s notice of election to terminate. Notwithstanding the foregoing, if all repairs to the Premises or the Building cannot, in Landlord’s reasonable judgement, be completed within six (6) months following the date of the commencement of the work of repairing such damage or destruction without the payment of overtime or other premiums, then either Landlord or Tenant may at the option of either, upon written notice to the other party given within sixty (60) days after the occurrence of such damage or destruction, elect to terminate this Lease as of the date of such notice.
LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration or termination of this Lease, the Premises or the Building in which the Premises are located is totally or partially damaged or destroyed from a casualty, which loss to Landlord is not fully covered (except for any deductible) by insurance maintained by Landlord or for Landlord's benefit (or required to be maintained by Landlord pursuant to Section 13), Landlord may, at its option, upon written notice to Tenant within thirty (30) days after notice to Landlord of the occurrence of such damage or destruction, elect to restore or repair such damage or destruction, or Landlord may elect to terminate this Lease so long as Landlord terminates every other lease in the Building which was affected by the casualty. Notwithstanding the foregoing, Landlord may not elect to terminate this Lease if (i) the uninsured portion of the damage is less than ten percent (10%) of the replacement cost of the Building and/or (ii) Landlord does not elect to terminate the leases of all other tenants in the Building who are similarly affected by such damage and/or destruction. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect but the Rent shall be proportionately reduced as provided in Section 12.1(a). If Landlord does not elect by notice to Tenant to repair such damage the Lease shall terminate. Notwithstanding the foregoing, if all repairs to the Premises or the Building cannot, in Landlord's reasonable judgment, be completed within four (4) months following the date of such damage or destruction without the payment of overtime or other expenses, then either Landlord or Tenant may at its option, upon written notice to the other party given within thirty (30) days after the occurrence of such damage or destruction, elect to terminate this Lease as of the date of the occurrence of such damage or destruction.
LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration or termination of this Lease, the Premises or the Project are totally or partially damaged or destroyed from a risk, the loss to Landlord from which is not fully covered by insurance maintained by Landlord or for Landlord's benefit, which damage renders the Premises inaccessible or unusable to Tenant in the ordinary course of its business, and if such damage or destruction is not the result of the negligence or willful misconduct or omission of Tenant or Tenant's Parties, Landlord may, at its option, upon written notice to Tenant within thirty (30) days after notice to Landlord of the occurrence of such damage or destruction, elect to repair or restore such damage or destruction, or Landlord may elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect, but the Rent shall be proportionately reduced as provided in Paragraph 11.2(a). If Landlord elects to terminate this Lease, such termination shall be effective as of the date of the occurrence of such damage or destruction.
LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration or termination of this Lease, the Premises or the Building or the Property is totally or partially damaged or destroyed from a casualty, which loss to Lessor is not fully covered (except for any deductible) by insurance maintained by Lessor or for Lessor’s benefit, and which damage renders the Premises inaccessible or unusable to Lessee in the ordinary course of its business, Lessor may, at its option, upon written notice to Lessee within sixty (60) days after notice to Lessor of the occurrence of such damage or destruction, and subject to Section 15.4 below, elect to repair or restore such damage or destruction to substantially their former condition, or Lessor may elect to terminate this Lease (provided Lessor shall not be required to use said insurance proceeds, if any, for the purposes described in this Section 15.2). If Lessor elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect but the Base Rental shall be proportionately reduced as provided in Section 15.1(a). If Lessor does not elect by notice to Lessee to repair or restore such damage, this Lease shall terminate.
LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration or termination of this Lease, the Building is totally or partially damaged or destroyed from a risk, the loss to Landlord from which is not fully covered by insurance maintained or required to be maintained by Landlord or for Landlord’s benefit, Landlord may, at its option, upon written notice to Tenant within forty-five (45) days after notice to Landlord of the occurrence of such damage or destruction, elect to repair or restore such damage or destruction, or Landlord may elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect, but the Rent shall be proportionately reduced as provided in Section 12.2(a).
LOSS NOT COVERED BY INSURANCE. If, at anytime prior to the expiration or termination of this Lease, (a) all or any portion of the Premises, or any portion of the Common Areas the use of which is required for Tenant’s business or any other portion of the Facility the use of which is required for Tenant’s business or Tenant’s access to the Premises, is wholly or partially damaged or destroyed by a Casualty, and (b) less than ninety percent (90%) (if any) of the total costs of performing the necessary repairs and replacements will be fully covered and paid for by the greater of (i) the amount that would have been received had that party maintained the insurance required by this Lease (which proceeds will be deemed to be self-insured by the party failing to carry the required insurance to the extent the required insurance was not so obtained unless no proceeds are available because of the financial failure of the insurer), or (ii) the available proceeds of insurance actually maintained by Landlord or Tenant, and (c) such damage or destruction renders the Premises totally or partially inaccessible or unusable by Tenant in the ordinary conduct of Tenant’s business, then:
LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration or termination of this Lease, the Premises or the Project is totally or partially damaged or destroyed from a casualty, the loss to Landlord from which is not fully covered by insurance maintained by Landlord or for Landlord’s benefit or required to be maintained by Landlord pursuant to Section 13.2(b), which damage renders the Premises inaccessible or unusable to Tenant in the ordinary course of its business, Landlord may, at its option, upon written notice to Tenant within sixty (60) days after notice to Landlord of the occurrence of such damage or destruction, (a) elect to repair or restore such damage or destruction, or (b) if (i) the uninsured portion of the damage or destruction is equal to or greater than Twenty Five Million and No/100 Dollars ($25,000,000.00) and (ii) less than two (2) Years remain under Tenant’s primary Lease Term, and (iii) Tenant has not elected to exercise the next ensuing Renewal Term, then Landlord may elect to terminate this Lease. If Landlord has elected to repair or restore such damage or destruction, Landlord shall commence to make such repair as soon as reasonably possible and shall complete such repair as soon as reasonably possible, and this Lease shall continue in full force and effect but the Rent, if and to the extent applicable, shall be proportionately reduced as provided in Section 14.1.
LOSS NOT COVERED BY INSURANCE. If at any time prior to the expiration or earlier termination of this Lease the Premises or the Property is totally or partially damaged or destroyed in connection with a casualty, which loss to Landlord is not fully covered by insurance maintained by Landlord or for Landlord's benefit (or required to be maintained by Landlord pursuant to ss. 14.3 above); and if such damage renders the Premises inaccessible or unusable to Tenant for their intended purpose in the ordinary course of its business, Landlord may, at its option, upon written notice given to Tenant within sixty (60) days after Tenant's written notice to Landlord of the occurrence of such damage or destruction, either (a) elect to repair or to restore such damage or destruction or (b) elect to terminate this Lease. If Landlord elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect, except that the Base Rent shall be proportionately reduced as provided in ss.
LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration or termination of this Lease, the Premises or the Building or the Property is totally or partially damaged or destroyed from a casualty, the loss (except for the deductible) to Lessor from which is not fully covered by insurance maintained by Lessor or for Lessor's benefit, and which damage renders the Premises inaccessible or unusable to Lessee in the ordinary course of its business, Lessor may, at its option, upon written notice to Lessee within sixty (60) days after
LOSS NOT COVERED BY INSURANCE. If, at any time prior to the expiration or termination of this Lease, the Premises or the Building Project or the Land is totally or partially damaged or destroyed from a casualty, the loss (except for the deductible) to Lessor from which is not fully covered by insurance maintained by Lessor or for Lessor's benefit, which damage renders the Premises inaccessible or unusable to Lessee in the ordinary course of its business, Lessor may, at its option, upon written notice to Lessee within sixty (60) days after notice to Lessor of the occurrence of such damage or destruction, elect to repair or restore such damage or destruction, or Lessor may elect to terminate this Lease. Lessor shall provide Lessee with notice of its determination within sixty (60) days of such damage or destruction and shall further notify Lessee whether the damage or destruction can, in Lessor's judgment, be commenced and diligently pursued to completion within six (6) month from the date of destruction or loss or as reasonably close thereto as is necessary to complete such repairs so long as Lessor at all times during the period of making such repairs is diligently attempting to complete the same without the payment of overtime or other premium. If in Lessor's judgment such damage or destruction can be commenced and pursued to completion as so provided without the payment of overtime or other premium, and if Lessor elects to repair or restore such damage or destruction, this Lease shall continue in full force and effect but the Rent shall be proportionately reduced as provided in Paragraph 10.1
(a). If Lessor does not elect by notice to Lessee to repair such damage, or if the damage cannot, in Lessor's judgment, be commenced and so pursued to completion, the Lease shall terminate.
