Restoration; Partial or Total Destruction of Building. In the event the Building shall be partially or totally destroyed by fire or other casualty, the same shall be repaired as soon as is reasonably possible, at the expense of Landlord, unless Landlord shall elect to terminate this Lease as hereinafter provided. If damage to the Leased Premises is to such extent that the cost of restoration, as estimated by Landlord will exceed fifty percent (50%) of the replacement value of the Leased Premises (including the building standard improvements) or thirty percent (30%) of the replacement value of the Building (exclusive of the foundation) in its condition just prior to the occurrence of the damage, Landlord may, no later than the sixtieth (60th) day following such damage, give Tenant notice that it elects to terminate this Lease. If such notice shall be given:
(a) This Lease shall terminate on the twentieth (20th ) day following the giving of said notice;
(b) Tenant shall surrender possession of the Leased Premises on or before such termination date; and
(c) The rental provided hereunder shall be apportioned as of the date of such termination and any Rental paid for any period beyond said date shall be refunded to Tenant. Unless Landlord so elects to terminate this Lease, Landlord shall proceed with the restoration of the Leased Premises and/or the Building as soon as reasonably possible. If the damage to the Building as the result of any casualty is such that the Leased Premises cannot be used by Tenant for Tenant’s Business for a period of three (3) or more months, as estimated by Landlord, either Landlord or Tenant may cancel and terminate this Lease by giving notice of such termination to the other party within thirty (30) days after the date of such casualty. In such event of termination, all Rental shall be apportioned as of the date of such termination and any Rental paid for any period beyond said date shall be refunded to Tenant. In no event, however, shall Tenant have the right to cancel or terminate this Lease if the gross misconduct or willful neglect of Tenant, or its agents, employees or invitees shall have contributed to the cause of such casualty.
Restoration; Partial or Total Destruction of Building. In the event the Building shall be partially or totally destroyed by fire or other casualty, the same shall be repaired to at least as close to the condition as existed prior to the casualty as is reasonably practicable and as soon as is reasonably possible at the expense of Landlord unless Landlord or Tenant shall elect to terminate this Lease as hereinafter provided. If (a) the damage to the Leased Premises is to such an extent that the cost of restoration, as determined by an architect reasonably agreed to by Landlord and Tenant, would exceed 50% of the replacement value of the Leased Premises (including Tenant Improvements) or 30% of the replacement value of the Building (exclusive of the foundation) in its condition just prior to the occurrence of the damage, or (b) the damage to the Leased Premises and/or the Building is to such an extent that the Leased Premises and/or the Building cannot, in determination of an architect reasonably agreed to by Landlord and Tenant, adequately serve as the Permitted Use for a period of six (6) or more months, then either Landlord or Tenant may, no later than the thirtieth (30th) day following such damage, give the other party written notice that it elects to terminate this Lease. If such notice shall be given:
(a) This Lease shall terminate on the tenth (10th) day following the giving of said notice;
(b) Tenant shall surrender possession of the Leased Premises on or before such termination date; and
