Common use of Partial Damage - Uninsured Loss Clause in Contracts

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5, if at any time during the Term there is damage which is an Uninsured Loss and which falls within the classification of Premises Partial Damage or Building Partial Damage, Landlord may at Landlord's option either (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give notice to Tenant within fifty (50) days after the date of the occurrence of such damage of Landlord's intention to terminate this Lease, as of the date of the occurrence of such damage with respect to any unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to give such notice of Landlord's intention to terminate this Lease, Tenant shall have the right within thirty (30) days after the receipt of such notice to give notice to Landlord of Tenant's intention to reimburse Landlord for the repair of such damage without contribution or reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of the same from Tenant. If Tenant does not give such notice within such thirty (30) day period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage with respect to the unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant Improvements.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5, if If at any time during the Lease Term there the Premises are damaged by a casualty that is damage which not covered by insurance carried by Landlord and Landlord reasonably estimates that the restoration time is an Uninsured Loss and which falls within estimated to be 9 months or less from the classification of casualty date (“Premises Partial Damage Damage”), unless caused by a negligent or Building Partial Damagewillful act of Tenant (in which event Tenant shall make the repairs at Tenant’s expense), Landlord may at Landlord's option either either: (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expense’s expense (subject to reimbursement pursuant to the Operating Expenses provisions), in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give terminate this Lease by giving written notice to Tenant within fifty (50) 30 days after the date receipt by Landlord of knowledge of the occurrence of such damage uninsured Premises Partial Damage. In the event Landlord commences repairs but the Premises is not completed within 12 months from the date of casualty, despite good faith efforts from Landlord's intention , then either Landlord or Tenant may elect to terminate this LeaseLease upon notice to the other party (except if the casualty is caused by the gross negligence or willful misconduct a party hereto, as of such party may not terminate). Any such termination shall be effective 60 days following the date of such notice. In the occurrence of such damage with respect to any unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If event Landlord elects to give such notice of Landlord's intention to terminate this Lease, Tenant shall have the right within thirty (30) 10 days after the receipt of such the termination notice to give written notice to Landlord of Tenant's intention ’s commitment to reimburse Landlord pay for the repair of such damage without contribution or reimbursement from Landlord, in which . Tenant shall provide Landlord with said funds or satisfactory assurance thereof within 30 days after making such commitment. In such event this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of after the same from Tenantrequired funds are available. If Tenant does not give such notice within such thirty (30) day periodmake the required commitment, this Lease shall be canceled and terminated terminate as of the date specified in the termination notice. Premises Partial Damage due to flood or earthquake shall be subject to this subsection, notwithstanding that there may be some insurance coverage, but the net proceeds of the occurrence of any such damage with respect to the unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice insurance shall be made available for the balance of the Premises. If repairs if made by either Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant Improvementsor Tenant.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 Paragraphs 9.4, 9.5 and 23.59.6, if at any time during the Term term of this Lease there is damage which is not an Uninsured Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant or its agents, contractors or invitees (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant within fifty thirty (5030) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage with respect to any unoccupyable portions of damage. In the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to reimburse Landlord for the repair of such damage at Tenant's expense, without contribution or reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Landlord Tenant shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of the same from Tenantpossible. If Tenant does not give such notice within such thirty (30) 10-day period, period this Lease shall be canceled and terminated as of the date of the occurrence of such damage with respect to the unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant Improvements.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5Section 8.5, if if, at any time during the Term term hereof, there is damage which is not an Uninsured Insured Loss and which falls within the classification of Premises Partial Damage or Building Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant’s expense), Landlord may may, at Landlord's option ’s option, either (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant Tenant, within fifty thirty (5030) days after the date of the occurrence of such damage damage, of Landlord's ’s intention to cancel and terminate this Lease, Lease as of the date of the occurrence of such damage with respect to any unoccupyable portions of damage. In the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right right, within thirty ten (3010) days after the receipt of such notice notice, to give written notice to Landlord of Tenant's ’s intention to reimburse Landlord for the repair of such damage at Tenant’s expense without contribution or reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Landlord shall Tenant shall, proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of the same from Tenantpossible. If Tenant does not give such notice within such thirty ten (3010) day period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage with respect damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the unoccupyable portions expense of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant ImprovementsLandlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5Section 9.5, if at any time during the Term term hereof there is damage which is not an Uninsured Insured Loss and which falls within the classification of Premises Partial Damage or Building Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant within fifty thirty (5030) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage with respect to any unoccupyable portions of damage. In the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to reimburse Landlord for the repair of such damage at Tenant's expense, without contribution or reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Landlord Tenant shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of the same from Tenantpossible. If Tenant does not give such notice within such thirty ten (3010) day period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage with respect damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the unoccupyable portions expense of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant ImprovementsLandlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5, if at any time during the Term there is damage which is an Uninsured Loss and which falls within the classification of If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or Building Partial Damagewillful act of Tenant and not insured against by insurance coverage that Landlord is required to carry under this Lease, (in which event Tenant shall repair such damage at Tenant’s expense and this Lease shall continue in full force and effect, but subject to Landlord’s rights under Paragraph 18), Landlord may at Landlord's option either ’s option, either: (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant within fifty thirty (5030) days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention ’s desire to terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damage with respect to any unoccupyable portions of notice. In the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If event Landlord elects to give such notice of Landlord's ’s intention to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to Landlord of Tenant's intention ’s commitment to reimburse Landlord pay for the repair of such damage totally at Tenant’s expense and without contribution or reimbursement from Landlord, in which . Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within thirty (30) days following Tenant’s said commitment. In such event this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of and-the same from Tenantrequired funds are available. If Tenant does not give such notice within such thirty (30) day periodthe times specified above, this Lease shall be canceled and terminated terminate as of the date specified in Landlord’s notice of the occurrence of such damage with respect to the unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premisestermination. If Landlord elects to repair the Premises, but such damagerepairs cannot be completed within 270 days of the Partial Damage, Tenant shall promptly repair may elect to terminate the Lease upon written notification to Landlord within ten (10) days after the expiration of the 270-day period; the 270 day period described in this sentence will be shortened during the last two years of the term of this Lease to the lesser of (a) 200 days and restore (b) one-half the Tenant Improvementsnumber of days in the remainder of the term of this Lease.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5, if at any time during the Term there is damage which is an Uninsured Loss and which falls within the classification of If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or Building Partial Damagewillful act or omission of Tenant (in which event Tenant shall make the repairs at Tenant's expense and this Lease shall continue in full force and effect, but subject to Landlord's rights under paragraph 13), Landlord may may, at Landlord's option either option, either: (ia) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, ; or (iib) if Landlord does not elect to repair such damage, give written notice to Tenant within fifty thirty (5030) days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention desire to terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damage with respect to any unoccupyable portions of notice. In the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If event Landlord elects to give such notice of Landlord's intention to terminate this Lease, Tenant shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to Landlord of Tenant's intention commitment to reimburse Landlord pay for the repair of such damage totally at Tenant's expense and without contribution or reimbursement from Landlord. Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within thirty (30) days following Tenant's said commitment. In such event, in which event this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of and the same from Tenantrequired funds are available. If Tenant does not give such notice and provide the funds or assurance thereof within such thirty (30) day periodthe times specified above, this Lease shall be canceled and terminated terminate as of the date specified in Landlord's notice of termination. If repair or restoration by Landlord or Tenant shall exceed a twelve (12) month period as determined by Landlord, Landlord shall so notify Tenant and either party shall have the occurrence of such damage with respect right to cancel this Lease by providing written notice to the unoccupyable portions other party within 30 days of Landlord's notice, and the Premises and effective four (4) months after receipt by Tenant of Lease will terminate 30 days following such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant Improvementswritten notice.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5Section, if at any time during the Term hereof there is damage which is not an Uninsured Insured Loss and which falls within the classification of Premises Partial Damage Damage, unless caused by a negligent or Building Partial Damagewillful act of Tenant (in which event Tenant shall make the repairs at Tenant’s expense), Landlord may at Landlord's ’s option either (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant within fifty thirty (5030) days after the date of the occurrence of such damage of Landlord's ’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage with respect to any unoccupyable portions of damage. In the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to Landlord of Tenant's ’s intention to reimburse Landlord for the repair of such damage at Tenant’s expense, without contribution or reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Landlord Tenant shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of the same from Tenantpossible. If Tenant does not give such notice within such thirty (30) 10-day period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage with respect damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the unoccupyable portions expense of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant ImprovementsLandlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 and 23.5, if at any time during the Term there is damage which is an Uninsured Loss and which falls within the classification of If Premises Partial Damage occurs, such damage or Building Partial Damagedestruction is not an Insured Loss and the cost to repair exceeds Lessor’s Agreed Amount, Landlord then unless such damage or destruction was caused by a negligent or willful act of Lessee (in which the event Lessee shall make the repairs at Lessee’s expense and this Lease shall continue in full force and effect), Lessor may at Landlord's option Lessor’s option, either (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant Lessee within fifty sixty (5060) days after the date receipt by Lessor of knowledge of the occurrence of such damage of Landlord's Lessor’s desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give such notice of Lessor’s intention to terminate this Lease, as of the date of the occurrence of such damage with respect to any unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to give such notice of Landlord's intention to terminate this Lease, Tenant Lessee shall have the right within thirty ten (3010) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessee’s commitment to reimburse Landlord pay for the cost to repair of such damage in excess of Lessor’s Agreed Amount totally at Lessee’s expense and without contribution or reimbursement from Landlord, in which Lessor (except that Lessor shall pay Lessor’s Agreed Amount). Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of after the same from Tenantrequired funds are available. If Tenant Lessee does not give such notice and provide the funds or assurance thereof within such thirty (30) day periodin the times specified above, this Lease shall be canceled and terminated terminate as of the date specified in Lessor’s notice of termination. Notwithstanding the occurrence of foregoing, if the cost to repair any damage to the Premises does not exceed Lessor’s Agreed Amount, then unless such damage with respect to or destruction was caused by a negligent or willful act of Lessee (in which the unoccupyable portions of event Lessee shall make the Premises repairs at Lessee’s expense and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to this Lease shall continue in full force and effect), Lessor shall repair such damage, Tenant shall promptly repair and restore the Tenant Improvementsdamage as soon as reasonably possible at Lessor’s expense.

Partial Damage - Uninsured Loss. Subject to the provisions of Subparagraphs 23.4 Paragraph 8.1 regarding earthquake insurance deductibles or retention amounts, Lessee shall be responsible for and 23.5shall pay to Lessor any deductible or retention amount payable with respect to any insurance relating to the Premises. In the event that the Premises or any portion of the Premises is damaged and such damage is not covered by insurance proceeds received by Lessor (or, if Lessor fails to carry such insurance as required under this Lease, proceeds that would have been payable to Lessor in the absence of such failure), then Lessor shall have the right, at any time during the Term there is damage which is an Uninsured Loss and which falls within the classification of Premises Partial Damage or Building Partial DamageLessor’s option, Landlord may at Landlord's option either either: (i) to repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expense, in which event Lessor’s expense and this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant Lessee within fifty sixty (5060) days after the date of the occurrence of such damage of Landlord's Lessor’s intention to terminate this Lease, Lease as of the date of the occurrence of such damage with respect to any unoccupyable portions of damage. In the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord event Lessor elects to give such notice of Landlord's intention to terminate this Lease, Tenant Lessee shall have the right within thirty ten (3010) business days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessee’s commitment to reimburse Landlord for pay the full cost of repair of such damage without contribution or reimbursement from Landlorddamage, in which event this Lease shall continue in full force and effect, and Landlord Lessor shall proceed to make such repairs as soon as reasonably possible subject to the following its conditions: Lessee shall provide to Lessor funds equal to (or adequate assurance thereof) Lessor’s estimated cost of such repairs not later than ten (10) business days after Lessee’s receipt of adequate funding a notice from Lessor setting forth Lessor’s estimated cost of such repairs. If the cost of such repairs exceeds or assurances is expected to Landlord's reasonable satisfaction exceed the amount deposited, Lessee shall deposit with Lessor the amount of such excess cost within ten (10) business days after receipt of a revised cost estimate or an invoice from Lessor. Any amount deposited by Lessee in excess of the same from Tenantcost of such repairs shall be refunded within thirty (30) days of Lessor’s final payment to Lessor’s contractor. If Tenant Lessee does not give such notice within such thirty the ten (3010) business day period, or fails to make any such deposit(s) as required, this Lease shall be canceled and terminated terminate automatically as of the date of the occurrence of such damage with respect to the unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant Improvements.

Partial Damage - Uninsured Loss. Subject If Partial Damage that is not an Insured Loss occurs (an "Uninsured Loss") then the Landlord shall have the following options: (a) to repair or restore the provisions damage or destruction and continue this Lease in full force or effect, to be exercised by written notice to Tenant within thirty (30) calendar days following the date of Subparagraphs 23.4 and 23.5damage or destruction, but if the damage or destruction was to a Building then the Rent payable hereunder shall be proportionately reduced as provided in Section 12.2 above; or (b) to give notice to Tenant at any time during the Term there is damage which is an Uninsured Loss and which falls within the classification of Premises Partial Damage or Building Partial Damage, Landlord may at Landlord's option either thirty (i30) repair calendar days after such damage or destruction, terminating this Lease as of a date to be specified in said notice (other but which date shall not be more than sixty (60) calendar days after the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expensedate of such damage or destruction). In the event that Landlord timely elects to terminate this Lease, in which event then this Lease shall continue terminate and expire on the date specified in full force said notice and effectthe Rent (reduced by any allowable Rent reduction) shall be paid to the date of such termination; provided, if prior to the date the Lease is scheduled to terminate Tenant notifies Landlord in writing that it (Tenant) will repair or (ii) restore the damage or destruction at its own cost and expense, then this Lease shall not terminate nor shall the Rent be further abated or reduced and Tenant shall promptly commence and diligently prosecute to completion all required work of repair or restoration. If Tenant does not elect to repair or restore the damage or destruction and the Lease terminates, Landlord shall refund to Tenant any rent paid in advance for any period of time subsequent to the date of termination. However, if Landlord does not elect to terminate this Lease and instead elects to repair such damageor restore the damage or destruction, give notice to Tenant but the restoration cannot be (in the opinion of Landlord's registered architect or engineer) or is not completed within fifty two hundred forty (50240) calendar days after from the date of the occurrence damage or destruction, then Tenant, by written notice to Landlord within sixty (60) calendar days following the date of such the damage of Landlord's intention or destruction, may elect to terminate this Lease, as of the date of the occurrence of such damage with respect to any unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to give such notice The opinion of Landlord's intention architect or engineer concerning the projected time needed to terminate this Lease, complete restoration shall be furnished in writing to Tenant shall have the right within thirty (30) calendar days after the receipt of such notice to give notice to Landlord of Tenant's intention to reimburse Landlord for the repair of such damage without contribution or reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably possible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of the same from Tenant. If Tenant does not give such notice within such thirty (30) day period, this Lease shall be canceled and terminated as of the date of the occurrence of such said damage with respect to the unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage, Tenant shall promptly repair and restore the Tenant Improvementsor destruction.