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 Premises. 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 Premises ("Landlord's Notice of Repair Time"). If Landlord reasonably estimates that repair or restoration of the 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. 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 if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 180 days from the time of Tenant's Notice of Damage, but Tenant shall not have the option to terminate this Lease. Any option granted hereunder shall be exercised by written notice to the other party given within ten (10) days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease, the Term of this Lease shall expire 10 days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease. In the event of termination of this Lease under the provisions hereof, Landlord shall refund to Tenant such amounts of Base Rent and Additional Rent theretofore paid by Tenant 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 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 Premises. 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 Premises ("“Landlord's ’s Notice of Repair Time"”). If Landlord reasonably estimates that repair or restoration of the 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. 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 if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 180 days from the time of Tenant's ’s Notice of Damage, but Tenant shall not have the option to terminate this Lease. Any option granted hereunder shall be exercised by written notice to the other party given within ten (10) 10 days after Landlord's ’s Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease, the Lease Term of this Lease shall expire 10 days after the notice by either Landlord or Tenant exercising such party's ’s option to terminate this Lease. In the event of termination of this Lease under the provisions hereof, Landlord shall refund to Tenant such amounts of Base Rent and Additional Rent theretofore paid by Tenant 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 Premises by Tenant subsequent to the time of Tenant's ’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 Premises. 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 Premises ("Landlord's Notice of Repair Time"). If Landlord reasonably estimates that repair or restoration of the 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. 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 by written notice delivered to Tenant within 45 days after such casualty if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 180 150 days from the time of Tenant's Notice of Damage, but Tenant shall not have the option to terminate this Lease. Any option granted hereunder shall be exercised by written notice to the other party given within ten (10) 10 days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease, the Lease Term of this Lease shall expire 10 days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease. In the event of termination of this Lease under the provisions hereof, Landlord shall refund to Tenant such amounts of Base Rent and Additional Rent theretofore paid by Tenant 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 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 Demised 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 Demised Premises ("“Landlord's ’s Notice of Repair Time"”). If Landlord reasonably estimates that repair or restoration of the 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. 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 if Landlord reasonably estimates estimated that the repair or restoration cannot reasonably be completed within 180 two hundred forty (240) days from the time of Tenant's ’s Notice of Damage, but Tenant shall not have the option to terminate this Lease. Any option granted hereunder shall be exercised by written notice to the other party given within ten thirty (1030) days after Landlord's ’s Notice of Repair Time. In the event If either Landlord or Tenant exercises its option to terminate this Lease, the Lease Term of this Lease shall expire 10 ten (10) days after the notice by either Landlord or Tenant exercising such party's ’s option to terminate this Lease. In the event of Following termination of this Lease under the provisions hereof, hereof Landlord shall refund to Tenant such amounts of Base Basic Rent and Additional Rent theretofore paid by Tenant 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 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 PremisesLocation. 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 Premises Location ("Landlord's Notice of Repair Time"). If Landlord reasonably estimates that repair or restoration of the Premises 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 LeaseLease 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 180 days from the time of Tenant's Notice of Damageperiod specified above, but Tenant shall not have the option to terminate this LeaseLease with respect to the Location. Any option granted hereunder shall be exercised by written notice to the other party given within ten (10) 10 days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this LeaseLease with respect to a Location, the Lease Term of this Lease 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 LeaseLease 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 Base 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 Premises 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 the sufficiency of insurance proceeds to repair and restore and to estimate the time necessary to repair or and restore the Demised 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 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 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. 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 if Landlord reasonably estimates that the repair or restoration cannot reasonably be completed within 180 days from the time of Tenant's Notice of Damage, but Tenant shall not have the option to terminate this Lease. Any option granted hereunder shall be exercised by written notice to the other party given within ten (10) days after Landlord's Notice of Repair Time. In the event either Landlord or Tenant exercises its option to terminate this Lease, the Lease Term of this Lease shall expire 10 ten (10) days after the notice by either Landlord or Tenant exercising such party's option to terminate this Lease. In the event of termination of this Lease under the provisions hereof, Landlord shall refund to Tenant such amounts of Base Rent and Additional Rent theretofore paid by Tenant 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 Demised Premises by Tenant subsequent to the time of Tenant's Notice of Damage.