Common use of Partial Damage or Destruction Clause in Contracts

Partial Damage or Destruction. Except as provided in Section 10.8, if, during the Term, all or any portion of the Leased Property shall be totally or partially destroyed by fire or other casualty and the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Tenant shall promptly restore the Facility to substantially the same condition as existed immediately before such damage or destruction; provided, however, that if Tenant cannot, using diligent efforts, obtain all government approvals, including building permits, licenses, conditional use permits and certificates of need, necessary to perform all required repair and restoration and to operate the Facility for its Primary Intended Use in substantially the same manner as existed immediately prior to such damage or destruction within one hundred eighty (180) days after the date of such fire or casualty, Tenant shall, within thirty (30) days thereafter elect, by written notice to Landlord, either (a) to substitute a new property or properties for the Leased Property in accordance with the provisions of Article 16, or (b) purchase the Leased Property for a purchase price equal to the greater of the then Minimum Repurchase Price or the Fair Market Value Purchase Price of the Leased Property immediately prior to such damage or destruction. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to purchase the Leased Property. Within thirty (30) days after receipt of Tenant's notice, Landlord shall give Tenant written notice as to whether Landlord accepts such offer. Failure of Landlord to give such notice shall be deemed an election by Landlord to accept Tenant's offer. If Landlord shall reject such offer, Tenant shall elect, by written notice to Landlord, given within thirty (30) days thereafter, either (a) to withdraw such offer, in which event this Lease shall remain in full force and effect with and Tenant shall proceed to restore the Facility as soon as reasonably practicable to substantially the same condition as existed immediately before such damage or destruction, or (b) terminate this Lease. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to restore the Leased Property. In the event Landlord shall accept Tenant's offer to purchase the Leased Property, this Lease shall terminate with respect thereto upon payment of the purchase price. In the event Landlord shall accept Tenant's offer to substitute a new property or properties, this Lease shall be deemed modified to substitute such new property for the Leased Property (effective as of the date of such substitution pursuant to Article 16) and all insurance proceeds pertaining to the Leased Property shall be paid to Tenant. Landlord and Tenant shall promptly execute appropriate instruments to confirm the foregoing, although the failure to do so shall not affect this Lease.

Partial Damage or Destruction. Except as provided in Section 10.8, if, during If the Term, all Premises or any portion of the Leased Property shall Building should ----------------------------- be totally or partially destroyed damaged by fire or other casualty and the Facility is not thereby rendered Unsuitable for its Primary Intended Useand, Tenant shall promptly restore the Facility to in Landlord's reasonable estimation, rebuilding or repairs can be substantially the same condition as existed immediately before such damage or destruction; provided, however, that if Tenant cannot, using diligent efforts, obtain all government approvals, including building permits, licenses, conditional use permits and certificates of need, necessary to perform all required repair and restoration and to operate the Facility for its Primary Intended Use in substantially the same manner as existed immediately prior to such damage or destruction completed within one hundred eighty twenty (180120)days after the date of such damage, then this Lease shall not terminate and Landlord shall at its expense proceed with reasonable diligence to substantially restore the Premises to its previous condition, except that Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about, the Premises for the benefit of, by or for Tenant. If the Premises are untenable in whole or in part following such damage, the rent payable hereunder during the period to which they are untenable shall be reduced to such extent as may be fair and reasonable under all of the circumstances. In the event that Landlord should fail to complete such repairs and rebuilding within one hundred twenty (120) days after the date upon which Landlord is notified by Tenant of such fire or casualtydamage, Tenant shall, within thirty (30) days thereafter elect, may at its option terminate this Lease as to all of the Premises or the damaged portion of the Premises by delivering written notice of termination to LandlordLandlord as Tenant's exclusive remedy, either (a) to substitute a new property or properties for the Leased Property in accordance with the provisions of Article 16, or (b) purchase the Leased Property for a purchase price equal to the greater of the then Minimum Repurchase Price or the Fair Market Value Purchase Price of the Leased Property immediately prior to such damage or destruction. Failure of Tenant to give such notice within such period which termination shall be deemed an election by Tenant to purchase the Leased Property. Within thirty (30) days after receipt of Tenant's notice, Landlord shall give Tenant written notice as to whether Landlord accepts such offer. Failure of Landlord to give such notice shall be deemed an election by Landlord to accept Tenant's offer. If Landlord shall reject such offer, Tenant shall elect, by written notice to Landlord, given within thirty (30) days thereafter, either (a) to withdraw such offer, in which event this Lease shall remain in full force and effect with and Tenant shall proceed to restore the Facility as soon as reasonably practicable to substantially the same condition as existed immediately before such damage or destruction, or (b) terminate this Lease. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to restore the Leased Property. In the event Landlord shall accept Tenant's offer to purchase the Leased Property, this Lease shall terminate with respect thereto upon payment of the purchase price. In the event Landlord shall accept Tenant's offer to substitute a new property or properties, this Lease shall be deemed modified to substitute such new property for the Leased Property (effective as of the date of the notice of such substitution damage provided pursuant to Article 16Paragraph 10(A) above, whereupon all rights and all insurance proceeds pertaining obligations with respect to the Leased Property terminated portion of the Premises hereunder shall be paid cease and terminate unless on or prior to Tenant. Landlord the expiration of thirty (30) days following Landlord's receipt of such termination notice such repair or rebuilding is complete, in which event the Lease shall continue in full force and Tenant shall promptly execute appropriate instruments to confirm the foregoing, although the failure to do so shall not affect this Leaseeffect.

Partial Damage or Destruction. Except as If the Premises or the Building should be damaged by any peril covered by the insurance to be provided by Landlord under Paragraph 9A above and, in Section 10.8Landlord's estimation, if, during the Term, all rebuilding or any portion of the Leased Property shall repairs can be totally or partially destroyed by fire or other casualty and the Facility is not thereby rendered Unsuitable for its Primary Intended Use, Tenant shall promptly restore the Facility to substantially the same condition as existed immediately before such damage or destruction; provided, however, that if Tenant cannot, using diligent efforts, obtain all government approvals, including building permits, licenses, conditional use permits and certificates of need, necessary to perform all required repair and restoration and to operate the Facility for its Primary Intended Use in substantially the same manner as existed immediately prior to such damage or destruction completed within one hundred eighty (180) days after the date of such fire damage, then this Lease shall not terminate and Landlord shall substantially restore the Premises to its previous condition, except that Landlord shall not be required to rebuild, repair or casualtyreplace any part of the partitions, Tenant shallfixtures, within thirty (30) days thereafter electadditions and other improvements that may have been constructed, erected or installed in or about the Premises for the benefit of, by written notice or for Tenant, unless such improvements have been amortized and are being paid for as rent. Landlord shall pay with respect to Landlord, either (a) to substitute a new property or properties for the Leased Property in accordance with the provisions of Article 16, or (b) purchase the Leased Property for a purchase price equal any damage to the greater Premises the amount of the then Minimum Repurchase Price commercially reasonable deductible under Landlord's insurance policy. If so much of the Premises or the Fair Market Value Purchase Price of the Leased Property immediately prior to such damage or destruction. Failure of Tenant to give such notice within such period Building shall be deemed an election damaged so that Tenant is unable to conduct any normal business operations from the Premises, in Tenant's reasonable judgement, then all Base Rent and Escrow amounts payable by Tenant hereunder shall abate commencing upon the happening of such damage. Such abatement shall end xx xhe earlier to purchase the Leased Property. Within occur of: (i) thirty (30) days after receipt completion of rebuilding or repair of damage or (ii) the date on which Tenant's conduct of its business from the Premises shall be resumed. The date on which rebuilding or repairs are deemed to be complete shall be the date on which a certificate of occupancy is issued with respect to such rebuilding or repair. Otherwise, Base Rent and Escrow amounts shall be abated for such term in the proportion which the area of the Premises, if any, which is not usable by Tenant bears to the total area of the Premises. Such abatement shall be the sole remedy of Tenant's notice, Landlord shall give Tenant written notice and except as to whether Landlord accepts such offer. Failure of Landlord to give such notice shall be deemed an election by Landlord to accept Tenant's offer. If Landlord shall reject such offerprovided herein, Tenant shall elect, waives any right to terminate the Lease by written notice to Landlord, given within thirty (30) days thereafter, either (a) to withdraw such offer, in which event this Lease shall remain in full force and effect with and Tenant shall proceed to restore the Facility as soon as reasonably practicable to substantially the same condition as existed immediately before such reason of damage or destruction, or (b) terminate this Lease. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to restore the Leased Property. In the event Landlord shall accept Tenant's offer to purchase the Leased Property, this Lease shall terminate with respect thereto upon payment of the purchase price. In the event Landlord shall accept Tenant's offer to substitute a new property or properties, this Lease shall be deemed modified to substitute such new property for the Leased Property (effective as of the date of such substitution pursuant to Article 16) and all insurance proceeds pertaining to the Leased Property shall be paid to Tenant. Landlord and Tenant shall promptly execute appropriate instruments to confirm the foregoing, although the failure to do so shall not affect this Leasecasualty loss.

Partial Damage or Destruction. Except as provided in Section 10.8, if, during If the Term, all or any portion of the Leased Property shall be totally Premises are damaged or partially destroyed by fire or other casualty to the extent of twenty-five percent (25%) or more of the replacement cost thereof and the Facility provisions of Section 18(A) hereof are not applicable, then (i) if the unexpired balance of the Lease Term is not thereby rendered Unsuitable for its Primary Intended Useless than one year, excluding any unexercised renewal option, Landlord may terminate this Lease by giving written notice to Tenant shall promptly restore the Facility to substantially the same condition as existed immediately before such damage or destruction; provided, however, that if Tenant cannot, using diligent efforts, obtain all government approvals, including building permits, licenses, conditional use permits and certificates of need, necessary to perform all required repair and restoration and to operate the Facility for its Primary Intended Use in substantially the same manner as existed immediately prior to such damage or destruction within one hundred eighty thirty (18030) business days after the date of such casualty, or, at Landlord's sole option, Landlord shall rebuild, restore or repair the Premises as a complete architectural unit of substantially the same size, design, quality and construction as existed immediately prior to the date of the casualty (except for Tenant's personal property and trade fixtures, which shall be the resxxxxxxility of Tenant), within one hundred twenty (120) days after Landlord's receipt of a building permit for such rebuilding, restoration or repair; or (ii) if the unexpired balance of the Lease Term is one year or more, including any exercised renewal option, Landlord shall rebuild, restore or repair the Premises as a complete architectural unit of substantially the same size, design, quality and construction as existed immediately prior to the date of the casualty (except for Tenant's personal property and trade fixtures, which shall be the responsibility of Tenant), within one hundred twenty (120) days after Landlord's receipt of a building permit for such rebuilding, restoration or repair. If the Premises are damaged or partially destroyed by fire or other casualty to the extent of less than twenty-five percent (25%) of the replacement cost thereof and the provisions of Section 18(A) hereof are not applicable, then Landlord shall rebuild, restore or repair the Premises as a complete architectural unit of substantially the same size, design, quality and construction as existed immediately prior to the date of the casualty (except for Tenant's personal property and trade fixtures, which shall be the responsibility of Tenant), within one hundred twenty (120) days after Landlord's receipt of a building permit for such rebuilding, restoratxxx xx xepair. Notwithstanding the foregoing, if Landlord rebuilds, restores or repairs as provided aforesaid, and if such rebuilding, restoration or repair is of a nature that it cannot be substantially completed within said one hundred twenty (120) day period as determined by Landlord's contractor, then Landlord shall have as much time thereafter to complete such rebuilding, restoration or repair as is necessary so long as Landlord's efforts are diligent and continuous. (a) Notwithstanding anything to the contrary contained in this Lease, in the event that the (i) Premises, (ii) Common Areas required for parking and or (iii) Common Areas required for ingress and egress to the Building and/or ingress and egress to the Premises, are damaged by fire or casualty, Tenant shallin whole or in part at any time such that restoration thereof is not reasonably susceptible of being completed by Landlord within two hundred seventy-five (275) days of the date of such casualty (and Landlord shall be obligated to deliver to Tenant, within sixty (60) days of the date of a casualty, a certificate of its reputable architect or engineer as to the estimated time for restoration ("Landlord's Restoration Certificate"), or if Landlord has not exercised its rights under this Section 18 to terminate this Lease, but has not completed restoration within two hundred seventy-five (275) days of the date of a casualty, then and in any of the foregoing events Tenant shall have the right to terminate this Lease by notice to Landlord given within ten (10) business days following its receipt of Landlord's Restoration Certificate and on thirty (30) days thereafter elect, by written prior notice to Landlord, either (a) to substitute a new property or properties for the Leased Property in accordance with the provisions of Article 16, or (b) purchase the Leased Property for a purchase price equal to the greater of the then Minimum Repurchase Price or the Fair Market Value Purchase Price of the Leased Property immediately prior to such damage or destruction. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to purchase the Leased Property. Within thirty (30) days after receipt of Tenant's notice, Landlord shall give Tenant written notice as to whether Landlord accepts such offer. Failure of Landlord to give such notice shall be deemed an election by Landlord to accept Tenant's offer. If Landlord shall reject such offer, Tenant shall elect, by written notice to Landlord, given within thirty (30) days thereafter, either (a) to withdraw such offer, in which event this Lease shall remain in full force and effect with and Tenant shall proceed to restore the Facility as soon as reasonably practicable to substantially the same condition as existed immediately before such damage or destruction, or (b) terminate this Lease. Failure of Tenant to give such notice within such period shall be deemed an election by Tenant to restore the Leased Property. In the event Landlord shall accept Tenant's offer to purchase the Leased Property, this Lease shall terminate with respect thereto upon payment of the purchase price. In the event Landlord shall accept Tenant's offer to substitute a new property or properties, this Lease shall be deemed modified to substitute such new property for the Leased Property (effective as of the date of such substitution pursuant to Article 16) notice, and all insurance proceeds pertaining to the Leased Property Rent shall be paid to Tenant. Landlord and Tenant shall promptly execute appropriate instruments to confirm the foregoing, although the failure to do so shall not affect this Leaseadjusted as set forth in Subsection 18.C. below.