Common use of Options to Terminate if Damage Substantial Clause in Contracts

Options to Terminate if Damage Substantial. Upon receipt of Tenant's Notice of Damage, Landlord shall promptly proceed to determine the nature and extent of the damage or destruction and to estimate the time necessary to repair or restore the Location. As soon as reasonably possible, Landlord shall give written notice to Tenant stating Landlord's estimate of the time necessary to repair or restore the Location ("Landlord's Notice of Repair Time"). If Landlord reasonably estimates that repair or restoration of the Location cannot be completed within 180 days from the time of Tenant's Notice of Damage, Landlord and Tenant shall each have the option to terminate this Lease with respect to that Location. In the event, however, that the damage or destruction was caused by the act or omission of Tenant or Tenant's officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant, Landlord shall have the option to terminate this Lease with respect to the Location if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within the time period specified above, but Tenant shall not have the option to terminate this Lease with respect to the Location. Any option granted hereunder shall be exercised by written notice to the other party given within 10 days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease with respect to a Location, the Lease Term with respect to that Location shall expire 10 days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease with respect to that Location. In the event of termination of this Lease with respect to a Location under the provisions hereof, Landlord shall refund to Tenant such amounts of Basic Rent and Additional Rent theretofore paid by Tenant with respect to that Location as may be applicable to the period subsequent to the time of Tenant's Notice of Damage less the reasonable value of any use or occupation of the Location by Tenant subsequent to the time of Tenant's Notice of Damage.

Options to Terminate if Damage Substantial. Upon receipt of Tenant's Notice of Damage, Landlord shall promptly proceed to determine the nature and extent of the damage or destruction and to estimate the time necessary to repair or restore the LocationPremises. As soon as reasonably possible, Landlord shall give written notice to Tenant stating Landlord's estimate of the time necessary to repair or restore the Location Premises ("Landlord's Notice of Repair Time"). If Landlord reasonably estimates that repair or restoration of the Location Premises cannot be completed within 180 days from the time of Tenant's Notice of Damage, Landlord and Tenant shall each have the option to terminate this Lease with respect to that LocationLease. In the event, however, that the damage or destruction was caused by the act or omission of Tenant or Tenant's officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant, Landlord shall have the option to terminate this Lease with respect to the Location if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 180 days from the time period specified aboveof Tenant's Notice of Damage, but Tenant shall not have the option to terminate this Lease with respect to the LocationLease. Any option granted hereunder shall be exercised by written notice to the other party given within 10 ten (10) days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease with respect to a LocationLease, the Term of this Lease Term with respect to that Location shall expire 10 days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease with respect to that LocationLease. In the event of termination of this Lease with respect to a Location under the provisions hereof, Landlord shall refund to Tenant such amounts of Basic Base Rent and Additional Rent theretofore paid by Tenant with respect to that Location as may be applicable to the period subsequent to the time of Tenant's Notice of Damage less the reasonable value of any use or occupation of the Location Premises by Tenant subsequent to the time of Tenant's Notice of Damage.

Options to Terminate if Damage Substantial. Upon receipt of Tenant's Notice of Damage, Landlord shall promptly proceed to determine the nature and extent of the damage or destruction and to estimate the time necessary to repair or restore the LocationPremises. As soon as reasonably possible, Landlord shall give written notice to Tenant stating Landlord's estimate of the time necessary to repair or restore the Location Premises ("Landlord's Notice of Repair Time"). If Landlord reasonably estimates that repair or restoration of the Location Premises cannot be completed within 180 150 days from the time of Tenant's Notice of Damage, Landlord and Tenant shall each have the option to terminate this Lease with respect to that LocationLease. In the event, however, that the damage or destruction was caused by the grossly negligent act or omission of Tenant or Tenant's officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant, Landlord shall have the option to terminate this Lease with respect by written notice delivered to the Location Tenant within 45 days after such casualty if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 150 days from the time period specified aboveof Tenant's Notice of Damage, but Tenant shall not have the option to terminate this Lease with respect to the LocationLease. Any option granted hereunder shall be exercised by written notice to the other party given within 10 days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease with respect to a LocationLease, the Lease Term with respect to that Location shall expire 10 days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease with respect to that LocationLease. In the event of termination of this Lease with respect to a Location under the provisions hereof, Landlord shall refund to Tenant such amounts of Basic Base Rent and Additional Rent theretofore paid by Tenant with respect to that Location as may be applicable to the period subsequent to the time of Tenant's Notice of Damage less the reasonable value of any use or occupation of the Location Premises by Tenant subsequent to the time of Tenant's Notice of Damage.

Options to Terminate if Damage Substantial. Upon receipt of Tenant's ’s Notice of Damage, Landlord shall promptly proceed to determine the nature and extent of the damage or destruction and to estimate the time necessary to repair or restore the LocationDemised Premises. As soon as reasonably possible, Landlord shall give written notice to Tenant stating Landlord's ’s estimate of the time necessary to repair or restore the Location Demised Premises ("“Landlord's ’s Notice of Repair Time"”). If Landlord reasonably estimates that repair or restoration of the Location Demised Premises cannot be completed within 180 two hundred forty (240) days from the time of Tenant's ’s Notice of Damage, Landlord and Tenant shall each have the option to terminate this Lease with respect to that LocationLease. In the eventIf, however, that the damage or destruction was caused by the international act or omission of Tenant or Tenant's officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant’s Agents, Landlord shall have the option to terminate this Lease with respect to the Location if Landlord reasonably estimates estimated that the repair or restoration cannot reasonably be completed within two hundred forty (240) days from the time period specified aboveof Tenant’s Notice of Damage, but Tenant shall not have the option to terminate this Lease with respect to the LocationLease. Any option granted hereunder shall be exercised by written notice to the other party given within 10 thirty (30) days after Landlord's ’s Notice of Repair Time. In the event If either Landlord or Tenant exercises its option to terminate this Lease with respect to a LocationLease, the Lease Term with respect to that Location shall expire 10 ten (10) days after the notice by either Landlord or Tenant exercising such party's ’s option to terminate this Lease with respect to that LocationLease. In the event of Following termination of this Lease with respect to a Location under the provisions hereof, hereof Landlord shall refund to Tenant such amounts of Basic Rent and Additional Rent theretofore paid by Tenant with respect to that Location as may be applicable to the period subsequent to the time of Tenant's ’s Notice of Damage less the reasonable value of any use or occupation of the Location Demised Premises by Tenant subsequent to the time of Tenant's ’s Notice of Damage. If the Demised Premises are materially damaged during the last twelve (12) months of the Lease Term, such that Landlord reasonably estimates that the repair or restoration cannot be reasonably completed within one hundred twenty (120) days after the Tenant’s Notice of Damage, then Landlord or Tenant may terminate this Lease by providing written notice thereof to the other party within thirty (30) days after Tenant’s Notice of Damage.

Options to Terminate if Damage Substantial. Upon receipt of Tenant's Notice of Damage, Landlord shall promptly proceed to determine the nature and extent of the damage or destruction and to estimate the time necessary to repair or restore the LocationPremises. As soon as reasonably possible, Landlord shall give written notice to Tenant stating Landlord's estimate of the time necessary to repair or restore the Location Premises ("Landlord's Notice of Repair Time"). If Landlord reasonably estimates that repair or restoration of the Location Premises cannot be completed within 180 days from the time of Tenant's Notice of Damage, Landlord and Tenant shall each have the option to terminate this Lease with respect to that LocationLease. In the event, however, that the damage or destruction was caused by the act or omission GROSS NEGLIGENCE OR WILLFUL MISCONDUCT of Tenant or Tenant's officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant, Landlord shall have the option to terminate this Lease with respect to the Location if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 180 days from the time period specified aboveof Tenant's Notice of Damage, but Tenant shall not have the option to terminate this Lease with respect to the LocationLease. Any option granted hereunder shall be exercised by written notice to the other party given within 10 days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease with respect to a LocationLease, the Lease Term with respect to that Location shall expire 10 days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease with respect to that LocationLease. In the event of termination of this Lease with respect to a Location under the provisions hereof, Landlord shall refund to Tenant such amounts of Basic Base Rent and Additional Rent theretofore paid by Tenant with respect to that Location as may be applicable to the period subsequent to the time of Tenant's Notice of Damage less the reasonable value of any use or occupation of the Location Premises by Tenant subsequent to the time of Tenant's Notice of Damage.

Options to Terminate if Damage Substantial. Upon receipt of Tenant's Notice of Damage, Landlord shall promptly proceed to determine the nature and extent of the damage or destruction and the sufficiency of insurance proceeds to repair and restore and to estimate the time necessary to repair or and restore the LocationDemised Premises. As soon as reasonably possible, Landlord shall give written notice to Tenant stating whether the insurance proceeds are sufficient to repair and restore and, if so, Landlord's estimate of the time necessary to repair or and restore the Location Demised Premises ("Landlord's Notice notice of Repair Time"). If Landlord reasonably estimates that insurance proceeds are insufficient to repair and restore and Landlord does not intend to advance such deficiency or if repair and restoration of the Location Demised Premises cannot be completed within 180 days from the time of Tenant's Notice of Damage, Landlord and Tenant shall each have the option to terminate this Lease with respect to that Location. In the event, however, that the damage or destruction was caused by the act or omission of Tenant or Tenant's officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant, Landlord shall have the option to terminate this Lease with respect to the Location if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within the time period specified above, but Tenant shall not have the option to terminate this Lease with respect to the LocationLease. Any option granted hereunder shall be exercised by written notice to the other party given within 10 ten (10) days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease with respect to a LocationLease, the Lease Term with respect to that Location shall expire 10 ten (10) days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease with respect to that LocationLease. In the event of termination of this Lease with respect to a Location under the provisions hereof, Landlord shall refund to Tenant such amounts of Basic Base Rent and Additional Rent theretofore paid by Tenant with respect to that Location as may be applicable to the period subsequent to the time of Tenant's Notice of Damage less the reasonable value of any use or occupation of the Location Demised Premises by Tenant subsequent to the time of Tenant's Notice of Damage.

Options to Terminate if Damage Substantial. Upon receipt of Tenant's ’s Notice of Damage, Landlord shall promptly proceed to determine the nature and extent of the damage or destruction and to estimate the time necessary to repair or restore the LocationPremises. As soon as reasonably possible, but in no event longer than 30 days, Landlord shall give written notice to Tenant stating Landlord's ’s estimate of the time necessary to repair or restore the Location Premises ("“Landlord's ’s Notice of Repair Time"”). If Landlord reasonably estimates that repair or restoration of the Location Premises cannot be completed within 180 days from the time of Tenant's ’s Notice of Damage, Landlord and Tenant shall each have the option to terminate this Lease with respect to that LocationLease. In the event, event however, that the damage or destruction was caused by the act or omission of Tenant or Tenant's ’s officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant, Landlord shall have the option to terminate this Lease with respect to the Location if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 180 days from the time period specified aboveof Tenant’s Notice of Damage, but Tenant shall not have the option to terminate this Lease with respect to the LocationLease. Any option granted hereunder shall be exercised by written notice to the other party given within 10 days after Landlord's ’s Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease with respect to a LocationLease, the Lease Term with respect to that Location shall expire 10 days after the notice by either Landlord or Tenant exercising such party's ’s option to terminate this Lease with respect to that LocationLease. In the event of termination of this Lease with respect to a Location under the provisions hereof, Landlord shall refund to Tenant such amounts of Basic Base Rent and Additional Rent theretofore paid by Tenant with respect to that Location as may be applicable to the period subsequent to the time of Tenant's ’s Notice of Damage less the reasonable value of any use or occupation of the Location Premises by Tenant subsequent to the time of Tenant's ’s Notice of Damage.