Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. If the Premises, Building or Common Area are damaged by a risk not covered by such insurance or the insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within six (6) months after the commencement of work in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to (i) repair or restore such damage, this Lease continuing in full force and effect so long as the Premises can be used by Tenant, but the Rent and Expenses to be equitably reduced as hereinabove provided, or (ii) give notice to Tenant at any time within ninety (90) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If such notice is given, this Lease shall expire and any interest of Tenant in the Premises shall terminate on the date specified in such notice and the Rent and Expenses, reduced by an equitable reduction (except as hereinabove provided) based upon the extent, if any, to which such damage directly and materially interfered with Tenant's use of the Premises, shall be paid to the date of such termination, and Landlord agrees to refund to Tenant any Rent or Expenses theretofore paid in advance for any period of time subsequent to such termination date.

Partial Damage - Uninsured. If the Premises, Building or Common Area Demised Premises are damaged by a risk not covered by such insurance or the insurance proceeds available to Landlord are less than eighty one hundred percent (80100%) of the cost of restorationrestoration for any reason whatsoever (including, without limitation, as a result of a Mortgagee requiring the proceeds of insurance to be applied towards any indebtedness owed to Mortgagee), or if the restoration cannot be completed within six (6) months after the commencement of work in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to (i) repair or restore such damage, this Lease continuing in full force and effect so long as the Premises can be used by Tenanteffect, but the Rent and Expenses to be equitably reduced as hereinabove provided, or (ii) give notice to Tenant at any time within ninety (90) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If such notice is given, this Lease shall expire and any interest of Tenant in the Demised Premises shall terminate on the date specified in such notice and the Rent and ExpensesRent, reduced by an equitable reduction (except as hereinabove provided) based upon the extent, if any, to which such damage directly and materially interfered with Tenant's use of business in the Demised Premises, shall be paid to the date of such termination, and Landlord agrees to refund to Tenant any Rent or Expenses theretofore paid in advance for any period of time subsequent to such termination date.

Partial Damage - Uninsured. If In the Premises, event the Premises or the Building or Common Area are damaged by a risk not covered by such Landlord’s insurance or the proceeds of available insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within six sixty (660) months days after the commencement of work in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to (i1) repair or restore such damage, this Lease continuing in full force and effect so long as the Premises can be used by Tenanteffect, but the Rent and Expenses rent to be equitably reduced proportionately abated as hereinabove provided, or (ii2) give notice to Tenant at any time within ninety thirty (9030) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If In the event of the giving of such notice is givennotice, this Lease shall expire and any all interest of Tenant in the Premises shall terminate on the such date so specified in such notice and the Rent and Expensesrent, reduced by an equitable any proportionate reduction (except as hereinabove provided) based upon the extent, if any, to which such said damage directly and materially interfered with the use and occupancy of Tenant's use of the Premises, shall be paid to the date of such termination, and ; Landlord agrees to refund to the Tenant any Rent or Expenses rent theretofore paid in advance for any period of time subsequent to such termination date. Landlord may not elect to terminate this Lease under this Section 23.2 unless Landlord also elects to terminate the leases of all similarly situated tenants, provided that Landlord has the right under each applicable lease to terminate based on the extent of the casualty.

Partial Damage - Uninsured. If the Premises, Premises or the Building or Common Area are is substantially damaged by a risk not covered by such Tenant's insurance or the insurance proceeds available required pursuant to Landlord are less than eighty percent (80%paragraph 19.B.(i) of the cost of restoration, or if the restoration cannot be completed within six one hundred and twenty (6120) months days after the commencement of work work, in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to to: (i) repair or restore such damage, this Lease continuing in full force and effect so long as the Premises can be used by Tenant, but the Rent and Expenses to be equitably reduced as hereinabove provided, effect; or (ii) give notice to Tenant at any time within ninety thirty (9030) days after such damage terminating this Lease as of a the date to be specified in such notice, which date shall not be not less than thirty (30) days nor more than sixty ninety (6090) days after giving such notice. If such notice of termination is given, this Lease shall expire and any all interest of Tenant in the Premises shall terminate on the such date so specified in such notice notice, and the Rent and Expenses, reduced by an equitable reduction (except as hereinabove provided) based upon the extent, if any, to which such damage directly and materially interfered with Tenant's use of the Premises, Rental shall be paid to the date of such termination. However, said Rent shall be adjusted and determined by Landlord agrees to refund to by dividing the Rent payable by Tenant any Rent hereunder by the total square footage of the Premises and multiplying the resulting quotient (the per square foot rent) by the number of square footage which is used or Expenses theretofore paid in advance for any period of time subsequent to such termination dateoccupied by the Tenant during this Term.

Partial Damage - Uninsured. If In the Premises, event the Premises or the Building or Common Area are partially damaged by a risk not covered by such Landlord's fire and extended coverage insurance or the proceeds of available insurance proceeds available to Landlord are less than eighty one hundred percent (80100%) of the cost of restoration, or if the restoration cannot be completed within six one hundred eighty (6180) months days after the commencement of work such restoration under the laws and regulations of the state, federal, county and municipal authorities having jurisdiction thereover in the reasonable opinion of the registered architect or engineer appointed by Landlord, then or if such damage occurs during the last twelve (12) months of the term of this Lease (or the term of any renewal option, if applicable), Landlord shall have the option either to (i) repair or restore such damage, this with the Lease continuing in full force and effect so long as the Premises can be used by Tenanteffect, but the Rent and Expenses to be equitably reduced proportionately abated as hereinabove provided, provided in SECTION 14.1 above; or (ii) give notice to Tenant at any time within ninety thirty (9030) days after the occurrence of such damage terminating this Lease as of a date to be specified in such notice, notice which date shall not be not less than thirty (30) nor more than sixty (60) days after the giving such notice. If In the event of the giving of such notice is givenof termination, this Lease shall expire and any all interest of Tenant in the Premises shall terminate on the date so specified in such notice and the Rent and ExpensesRent, reduced by an equitable any proportionate reduction (except as hereinabove provided) based upon the extent, if any, to which such damage directly in Fixed Rent and materially interfered with Tenant's use Proportionate Share of the PremisesBuilding Operating Costs and Taxes as provided for in this Section and/or SECTION 14.1 above, shall be paid to the date of such termination, and Landlord agrees to refund to Tenant any Rent or Expenses theretofore paid in advance for any period of time subsequent to such termination date.

Partial Damage - Uninsured. If the Premises, Building or Common Area are damaged by a risk not covered by such insurance or the insurance Insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within six (6) months after the commencement of work in the opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to (i1) repair or restore such damage, this Lease continuing in full force and effect so 30 long as the Premises can be used by Tenant, but the Rent and Expenses to be equitably reduced as hereinabove provided, or (iiif) give notice to Tenant at any time within ninety sixty (9060) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If such notice is given, this Lease shall expire and any interest of Tenant in the Premises shall terminate on the date specified in such notice and the Rent and Expenses, reduced by an equitable reduction (except as hereinabove provided) based upon the extent, if any, If any to which such damage directly and materially interfered with Tenant's use of the Premises, shall be paid to the date of such termination, and Landlord agrees to refund to Tenant any Rent or Expenses theretofore paid in advance for any period of time subsequent to such termination date.