Common use of Major Casualty Clause in Contracts

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds the Major Casualty Amount determined as provided in Section 8.04(b), in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 and Section 11.15 with respect to such Restoration. (b) Notwithstanding that the cost of Restoration is less than Major Casualty Amount, such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: (i) material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall furnish to the FCRHA at least thirty (30) days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHA’s review and approval as provided in this Article 8. (c) In the event Tenant shall desire to modify the Restoration Plans and Specifications which the FCRHA theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall submit the proposed modifications to the FCRHA. The FCRHA shall review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall approve such proposed changes if they do so conform and so provide. If the FCRHA determines that the proposed changes are not satisfactory in light of the above criteria, it shall so advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall revise the plans and specifications so as to meet the FCRHA’s objections and shall deliver same to the FCRHA for review within twenty (20) Business Days of the date of delivery of the FCRHA’s notice that the proposed changes are not satisfactory. If the FCRHA shall not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria within twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds Two Million Dollars in the Major Casualty Amount aggregate, determined as provided in Section 8.04(b) (as such amount is adjusted on the fifth anniversary of the Commencement Date and on each fifth anniversary of the Commencement Date thereafter occurring during the Term, by the percent increase, if any, in the Consumer Price Index for the month in which the applicable anniversary date occurs over the Consumer Price Index for the month in which the Commencement Date occurs), in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall will comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 and Section 11.15 with respect to such Restoration. (b) Notwithstanding that the cost of Restoration is less than Major Casualty AmountTwo Million Dollars (as such amount is increased as provided in Section 8.05(a)), such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: , (i) a material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall will furnish to the FCRHA Landlord at least thirty (30) 30 days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHALandlord’s review and approval as provided in this Article 8. (c) In the event If Tenant shall desire desires to modify the Restoration Plans and Specifications which the FCRHA that Landlord theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall will submit the proposed modifications to the FCRHALandlord. The FCRHA shall Landlord will review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering engineering, and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall will approve such proposed changes if they do so conform and so provide. If the FCRHA Landlord determines that the proposed changes are not satisfactory in light of the above criteria, it shall so will advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall will revise the plans and specifications so as to meet the FCRHAXxxxxxxx’s objections and shall will deliver same to the FCRHA Landlord for review. Each review by Landlord will be carried out within twenty (20) 20 Business Days of the date of delivery of the FCRHA’s notice plans and specifications, as revised (or one or more portions thereof), by Tenant, and if Landlord will not have notified Tenant of its determination within such 20 Business Day period, it will be deemed to have determined that the proposed changes are not satisfactory. If the FCRHA shall not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria within twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.

Major Casualty. ‌ (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds Two Million Dollars ($2,000,000) in the Major Casualty Amount aggregate, determined as provided in Section 8.04(b)) (as such amount is adjusted on the fifth (5th) anniversary of the Commencement Date and on each fifth (5th) anniversary of the Commencement Date thereafter occurring during the Term, by the percent increase, if any, in the Consumer Price Index for the month in which the applicable anniversary date occurs over the Consumer Price Index for the month in which the Commencement Date occurs, in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 and Section 11.15 with respect to such Restoration. (b) Notwithstanding that the cost of Restoration is less than Major Casualty AmountTwo Million Dollars ($2,000,000) (as such amount is increased as provided in Section 8.05(a)), such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: , (i) a material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall furnish to the FCRHA Landlord at least thirty (30) days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHALandlord’s review and approval as provided in this Article 8. (c) In the event Tenant shall desire to modify the Restoration Plans and Specifications which the FCRHA Landlord theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall submit the proposed modifications to the FCRHALandlord. The FCRHA Landlord shall review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall approve such proposed changes if they do so conform and so provide. If the FCRHA Landlord determines that the proposed changes are not satisfactory in light of the above criteria, it shall so advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall revise the plans and specifications so as to meet the FCRHALandlord’s objections and shall deliver same to the FCRHA Landlord for review. Each review by Landlord shall be carried out within twenty (20) Business Days of the date of delivery of the FCRHA’s notice plans and specifications, as so revised (or one or more portions thereof), by Tenant, and if Landlord shall not have notified Tenant of its determination within such twenty (20) Business Day period, Landlord shall be deemed to have determined that the proposed changes are not satisfactory. If the FCRHA shall not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria within twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds Two Million Dollars in the Major Casualty Amount aggregate, determined as provided in Section 8.04(b)) (as such amount is adjusted on the fifth anniversary of the Commencement Date and on each fifth anniversary of the Commencement Date thereafter occurring during the Term, by the percent increase, if any, in the Consumer Price Index for the month in which the applicable anniversary date occurs over the Consumer Price Index for the month in which the Commencement Date occurs, in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall will comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 and Section 11.15 with respect to such Restoration. (b) . Notwithstanding that the cost of Restoration is less than Major Casualty AmountTwo Million Dollars, as such amount is increased as provided in Section 8.05(a)), such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: , (i) a material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall will furnish to the FCRHA Landlord at least thirty (30) 30 days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHALandlord’s review and approval as provided in this Article 8. (c) In the event . If Tenant shall desire desires to modify the Restoration Plans and Specifications which the FCRHA that Landlord theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall will submit the proposed modifications to the FCRHALandlord. The FCRHA shall Landlord will review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering engineering, and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall will approve such proposed changes if they do so conform and so provide. If the FCRHA Landlord determines that the proposed changes are not satisfactory in light of the above criteria, it shall so will advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall will revise the plans and specifications so as to meet the FCRHALandlord’s objections and shall will deliver same to the FCRHA Landlord for review. Each review by Landlord will be carried out within twenty (20) Business Days of the date of delivery of the FCRHA’s notice that the proposed changes are not satisfactory. If the FCRHA shall plans and specifications, as revised (or one or more portions thereof), by Tenant, and if Landlord will not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria its determination within such twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity).

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds Two Million Dollars ($2,000,000) in the Major Casualty Amount aggregate, determined as provided in Section 8.04(b)) (as such amount is adjusted on the fifth (5th) anniversary of the Commencement Date and on each fifth (5th) anniversary of the Commencement Date thereafter occurring during the Term, by the percent increase, if any, in the Consumer Price Index for the month in which the applicable anniversary date occurs over the Consumer Price Index for the month in which the Commencement Date occurs, in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 and Section 11.15 with respect to such Restoration. (b) . Notwithstanding that the cost of Restoration is less than Major Casualty AmountTwo Million Dollars ($2,000,000) (as such amount is increased as provided in Section 8.05(a)), such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: , (i) a material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall furnish to the FCRHA Landlord at least thirty (30) days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHALandlord’s review and approval as provided in this Article 8. (c) . In the event Tenant shall desire to modify the Restoration Plans and Specifications which the FCRHA Landlord theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall submit the proposed modifications to the FCRHALandlord. The FCRHA Landlord shall review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall approve such proposed changes if they do so conform and so provide. If the FCRHA Landlord determines that the proposed changes are not satisfactory in light of the above criteria, it shall so advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall revise the plans and specifications so as to meet the FCRHALandlord’s objections and shall deliver same to the FCRHA Landlord for review. Each review by Landlord shall be carried out within twenty (20) Business Days of the date of delivery of the FCRHA’s notice plans and specifications, as so revised (or one or more portions thereof), by Tenant, and if Landlord shall not have notified Tenant of its determination within such twenty (20) Business Day period, Landlord shall be deemed to have determined that the proposed changes are not satisfactory. Deposit of Proceeds. If the FCRHA cost of any Restoration, determined as provided in Section 8.04(b), exceeds both (i) Two Million Dollars ($2,000,000) (as such amount shall not have notified Tenant whether or not be increased as provided in Section 8.05(a)) and (ii) the proposed changes Restoration Funds, after all required payments to Mortgagees are made, then, prior to the Restoration Plans and Specifications are commencement of such Restoration, Tenant shall deposit with Depository, as security for completion of the Restoration, a bond, cash or other security reasonably satisfactory to Landlord in the FCRHA amount of such excess, to be held and applied by Depository in light accordance with the provisions of Section 8.04; provided however, that if Tenant has made arrangements for additional financing from a Mortgagee for portions of the above criteria within twenty (20) Business Days following the FCRHA’s receipt cost of the proposed modifications, Restoration then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant such portion of the FCRHA’s approval or disapproval Restoration costs expected to be advanced by the Mortgagee for such purpose need not be deposited with the Depository, and the new Mortgagee may act as the Depository with respect to disbursement of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, insurance proceeds then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacityavailable.

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds Two Million Dollars ($2,000,000) in the Major Casualty Amount aggregate, determined as provided in Section 8.04(b)) (as such amount is adjusted on the fifth (5th) anniversary of the Commencement Date and on each fifth (5th) anniversary of the Commencement Date thereafter occurring during the Term, by the percent increase, if any, in the Consumer Price Index for the month in which the applicable anniversary date occurs over the Consumer Price Index for the month in which the Commencement Date occurs, in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 11.02 and Section 11.15 11.11 with respect to such Restoration. (b) Notwithstanding that the cost of Restoration is less than Major Casualty AmountTwo Million Dollars ($2,000,000) (as such amount is increased as provided in Section 8.05(a)), such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: , (i) a material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall furnish to the FCRHA Landlord at least thirty (30) days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHALandlord’s review and approval as provided in this Article 8. (c) In the event Tenant shall desire to modify the Restoration Plans and Specifications which the FCRHA Landlord theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall submit the proposed modifications to the FCRHALandlord. The FCRHA Landlord shall review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall approve such proposed changes if they do so conform and so provide. If the FCRHA determines that the proposed changes are not satisfactory in light of the above criteria, it shall so advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall revise the plans and specifications so as to meet the FCRHALandlord’s objections and shall deliver same to the FCRHA Landlord for review. Each review by Landlord shall be carried out within twenty (20) Business Days of the date of delivery of the FCRHA’s notice plans and specifications, as so revised (or one or more portions thereof), by Tenant, and if Landlord shall not have notified Tenant of its determination within such twenty (20) Business Day period, it shall be deemed to have determined that the proposed changes are not satisfactory. If the FCRHA shall not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria within twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds Two Million Dollars ($2,000,000) in the Major Casualty Amount aggregate, determined as provided in Section 8.04(b)) (as such amount is adjusted on the fifth (5th) anniversary of the Commencement Date and on each fifth (5th) anniversary of the Commencement Date thereafter occurring during the Term, by the percent increase, if any, in the Consumer Price Index for the month in which the applicable anniversary date occurs over the Consumer Price Index for the month in which the Commencement Date occurs, in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 11.02 and Section 11.15 11.11 with respect to such Restoration. (b) Notwithstanding that the cost of Restoration is less than Major Casualty AmountTwo Million Dollars ($2,000,000) (as such amount is increased as provided in Section 8.05(a)), such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: , (i) a material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall furnish to the FCRHA Landlord at least thirty (30) days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHALandlord’s review and approval as provided in this Article 8. (c) In the event Tenant shall desire to modify the Restoration Plans and Specifications which the FCRHA Landlord theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall submit the proposed modifications to the FCRHALandlord. The FCRHA Landlord shall review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall approve such proposed changes if they do so conform and so provide. If the FCRHA determines that the proposed changes are not satisfactory in light of the above criteria, it shall so advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall revise the plans and specifications so as to meet the FCRHAXxxxxxxx’s objections and shall deliver same to the FCRHA Landlord for review. Each review by Landlord shall be carried out within twenty (20) Business Days of the date of delivery of the FCRHA’s notice plans and specifications, as so revised (or one or more portions thereof), by Tenant, and if Landlord shall not have notified Tenant of its determination within such twenty (20) Business Day period, it shall be deemed to have determined that the proposed changes are not satisfactory. If the FCRHA shall not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria within twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds the Major Casualty Amount determined as provided in Section 8.04(b), in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 and Section 11.15 with respect to such Restoration. (b) Notwithstanding that the cost of Restoration is less than Major Casualty Amount, such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: (i) material change or changes to the exterior of the Project, or (ii) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall furnish to the FCRHA at least thirty (30) days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHA’s review and approval as provided in this Article 8. (c) In the event Tenant shall desire to modify the Restoration Plans and Specifications which the FCRHA theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall submit the proposed modifications to the FCRHA. The FCRHA shall review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall approve such proposed changes if they do so conform and so provide. If the FCRHA determines that the proposed changes are not satisfactory in light of the above criteria, it shall so advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall revise the plans and specifications so as to meet the FCRHA’s objections and shall deliver same to the FCRHA for review within twenty (20) Business Days of the date of delivery of the FCRHA’s notice that the proposed changes are not satisfactory. If the FCRHA shall not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria within twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.SECTION

Major Casualty. (a) If any loss, damage or destruction occurs, the cost of Restoration of which equals or exceeds Two Million Dollars ($2,000,000) in the Major Casualty Amount aggregate, determined as provided in Section 8.04(b)) (as such amount shall be adjusted on the fifth (5th) anniversary of the Commencement Date and on each fifth (5th) anniversary of the Commencement Date thereafter occurring during the Term, by the percent increase, if any, in the Consumer Price Index for the month in which the applicable anniversary date occurs over the Consumer Price Index for the month in which the Commencement Date occurs, in addition to the requirements set forth in this Article 8 with respect to Restoration, Tenant shall comply with the terms of Section 11.02, Section 11.04, Section 11.05, Section 11.06, Section 11.07, Section 11.08, Section 11.11, Section 11.12 and Section 11.15 Article 11 with respect to such Restoration. (b) Notwithstanding that the cost of Restoration is less than Major Casualty AmountTwo Million Dollars ($2,000,000) (as such amount shall be increased as provided in Section 8.05(a)), such cost to be determined as provided in Section 8.04(b), to the extent that any portion of the Restoration involves: involves (ix) a Limited Restoration, (y) material change or changes to the exterior of the Project, Project or a (iiz) a material change in the height, bulk or setback of the Project from the height, bulk or setback existing immediately prior to the damage or destruction, then Tenant shall furnish to the FCRHA Landlord at least thirty (30) days prior to commencement of the Restoration a complete set of Restoration Plans and Specifications for the Restoration, involving such work or such change, prepared by an Architect, subject to the FCRHALandlord’s review and approval as provided in this Article 8therein. (c) In the event Tenant shall desire to modify the Restoration Plans plans and Specifications specifications which the FCRHA Landlord theretofore has approved pursuant to Sections 8.02 or Article 11, Tenant shall submit the proposed modifications to the FCRHALandlord. The FCRHA Landlord shall review the proposed changes to determine whether or not they (i) conform to the requirements of Section 8.01 and (ii) provide for design, equipment, engineering and materials which are comparable in quality to those provided for in the approved plans and specifications, and shall approve such proposed changes if they do so conform and so provide. If the FCRHA Landlord determines that the proposed changes are not satisfactory in light of the above criteria, it shall so advise Tenant, specifying in what respect the plans and specifications, as so modified, do not conform to requirements above. Tenant shall revise the plans and specifications so as to meet the FCRHALandlord’s objections and shall deliver same to the FCRHA Landlord for review. Each review by Landlord shall be carried out within twenty (20) Business Days of the date of delivery of the FCRHA’s notice plans and specifications, as so revised (or one or more portions thereof), by Tenant, and if Landlord shall not have notified Tenant of its determination within such twenty (20) Business Day period, it shall be deemed to have determined that the proposed changes are not satisfactory. If the FCRHA shall not have notified Tenant whether or not the proposed changes to the Restoration Plans and Specifications are satisfactory to the FCRHA in light of the above criteria within twenty (20) Business Days following the FCRHA’s receipt of the proposed modifications, then Tenant shall have the right to give to the FCRHA a second notice stating (in bold, capital letters) “IF THE FCRHA SHALL FAIL TO RESPOND TO TENANT WITHIN FIVE (5) BUSINESS DAYS AFTER THE FCRHA’S RECEIPT OF THIS NOTICE, THE FCRHA’S CONSENT TO THE PROPOSED MODIFICATIONS TO THE RESTORATION PLANS AND SPECIFICATIONS SHALL BE DEEMED GIVEN IN ACCORDANCE WITH SECTION 8.05(c) OF THE LEASE” and if the FCRHA has not notified Tenant of the FCRHA’s approval or disapproval of the modified Restoration Plans and Specifications within such five (5) Business Day period following the FCRHA’s receipt of such second notice, then such modified Restoration Plans and Specifications shall be deemed approved by the FCRHA (but such deemed approval shall be solely in the FCRHA’s proprietary capacity and not in its governmental or regulatory capacity) and no such approval hereunder shall in any manner be deemed to affect, limit or obligate the FCRHA, the County of Fairfax, Virginia, or any other Governmental Authority (including, without limitation, the Department of Planning and Zoning) in its regulatory or governmental capacity.