Common use of Substantial Destruction Clause in Contracts

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee requires that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) days after the date of such casualty; and 8.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section section to the contrary notwithstanding,: 8.2.1. if (A) If during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee mortgagee or lender requires that any or all of such the insurance proceeds issued on account thereof be used to retire any or all of the debt secured by its Mortgagemortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) 60 days after the date of such casualtydate; and 8.2.2. in (B) In such event, (a1) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such terminationcasualty, (b2) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such terminationcasualty, and (c3) the Landlord may enter upon and repossess the Premises without further noticenotice provided that Tenant is given a reasonable time to remove its property from the Premises.

Substantial Destruction. Anything contained in the foregoing ----------------------- provisions of this Section to the contrary notwithstanding,not withstanding. 8.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee Mortgages requires that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty casualty, by giving written notice thereof to the Tenant within thirty (30) days after the date of such casualtydate; and 8.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.1. , if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is rendered substantially substantially, unfit for occupancy, as reasonably determined by the LandlordLandlord in its reasonable judgment, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the BuildingBuilding (whether or not the Premises are damaged), or if any Mortgagee Senior Holder requires that any or all of such insurance proceeds be used to retire any or all in accordance with the requirements of the debt secured by its MortgageSenior Instrument, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty casualty, by giving written notice thereof to the Tenant within thirty (30) days after the date of such casualty; and 8.2.2date. in In such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section section to the contrary notwithstanding,: 8.2.1. if (A) If during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee mortgagee or lender requires that any or all of such the insurance proceeds issued on account thereof be used to retire any or all of the debt secured by its Mortgagemortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) 60 days after the date of such casualtydate; and 8.2.2. in (B) In such event, (a1) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such terminationcasualty, (b2) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such terminationcasualty, and (c3) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section section to the contrary notwithstanding,: 8.2.1. if (A) If during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee mortgagee or lender requires that any or all of such the insurance proceeds issued on account thereof be used to retire any or all of the debt secured by its Mortgagemortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) 60 days after the date of such casualtydate; and 8.2.2. in (B) In such event, (a1) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such terminationcasualty, (b2) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such terminationcasualty, and (c3) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee requires that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) days after the date of such casualty; and 8.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination/8/ , (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination/9/ , and (c) the Landlord may enter upon and repossess the Premises without further notice.. -------------------- /6/ one hundred eighty (180) /7/ one hundred eighty (180) /8/ casualty /9/ casualty

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.112.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either a)either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or {(b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee requires that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty casualty, by giving written notice thereof to the Tenant within thirty (30) days after the date of such casualtydate; and 8.2.212.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section section to the contrary notwithstanding,: 8.2.1. if (A) If during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee mortgagee or lender requires that any material portion or all of such the insurance proceeds issued on account thereof be used to retire any material portion or all of the debt secured by its Mortgagemortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) 60 days after the date of such casualty; and 8.2.2. in (B) In such event, (a1) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such terminationcasualty, (b2) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such terminationcasualty, and (c3) the Landlord may enter upon and repossess the Premises without further notice30 days after notice to Tenant.

Substantial Destruction. Anything contained in the foregoing provisions of this Section section to the contrary notwithstanding,: 8.2.1. if (A) If during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee mortgagee or lender requires that any or all of such the insurance proceeds issued on account thereof be used to retire any or all of the debt secured by its Mortgagemortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty by giving written notice thereof to the Tenant within thirty sixty (3060) days after the date of such casualtydate; and 8.2.2. in (B) In such event, (a1) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such terminationcasualty, (b2) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such terminationcasualty, and (c3) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee requires that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) days after as of the date of such casualty; and 8.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section section to the contrary notwithstanding,: 8.2.1. if (A) If during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee mortgagee or lender requires that any or all of such the insurance proceeds issued on account thereof be used to retire any or all of the debt secured by its Mortgagemortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) 30 days after the date of such casualtydate; and 8.2.2. in (B) In such event, (a1) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such terminationcasualty, (b2) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such terminationcasualty, and (c3) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee requires that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) days after the date of such casualty; and 8.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such ------------- /16/ one hundred eighty (180) /17/ one hundred eighty (180) termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee requires (23) that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, as of the date of such casualty by giving written notice thereof to the Tenant within thirty (30) days after as of the date of such casualty; and 8.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.

Substantial Destruction. Anything contained in the foregoing provisions of this Section to the contrary notwithstanding, 8.2.112.2.1. if during the Term the Building is so damaged by fire or other casualty that (a) either the Premises or (whether or not the Premises are damaged) the Building is are rendered substantially unfit for occupancy, as reasonably determined by the Landlord, or (b) the Building is damaged to the extent that the Landlord reasonably elects to demolish the Building, or if any Mortgagee requires that any or all of such insurance proceeds be used to retire any or all of the debt secured by its Mortgage, then in any such case the Landlord may elect to terminate this Lease, Lease as of the date of such casualty casualty, by giving written notice thereof to the Tenant within thirty (30) days after the date of such casualtydate; and 8.2.212.2.2. in such event, (a) the Tenant shall pay to the Landlord the Base Rent and any Additional Rent payable by the Tenant hereunder and accrued through the date of such termination, (b) the Landlord shall repay to the Tenant any and all prepaid Rent for periods beyond such termination, and (c) the Landlord may enter upon and repossess the Premises without further notice.