Common use of Substantial or Total Destruction Clause in Contracts

Substantial or Total Destruction. (a) If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property is greater than partial damage as described in Section 7.1 or if such damage, regardless of the size of the portion damaged, renders the Building unfit for the operation of Tenant's business), and if the Property can be rebuilt within six (6) months after the date of destruction, Landlord shall rebuild the Property at Landlord's own expense, and this Lease shall remain in full force and effect. Landlord shall rebuild the Property at Landlord's sole expense, except that Tenant shall pay Landlord the "deductible amount" (if any) under Landlord's insurance policies. In addition and subject to the provisions of Section 13.12 hereof, if for any reason Landlord has not restored and repaired the damage to the Building and the Property within six (6) months after the occurrence of said casualty and the removal of Tenant's equipment and other property sufficient to allow Landlord's contractor to begin restoration and repair, time being strictly of the essence, then Tenant shall have the option to terminate this Lease at any time thereafter prior to the substantial completion of the repair and restoration of the damage to the Building and the Property by giving written notice to Landlord, which notice shall specify a date for expiration of the Lease, which date shall not be more than ninety (90) days after the giving of such notice. (b) If the substantial or total damage to the Property occurs during the last twelve (12) months of the Lease Term, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred by giving written notice to the other within sixty (60) days after Tenant's notification to Landlord of the occurrence of the damage.

Substantial or Total Destruction. (a) If Notwithstanding anything to the contrary contained in this Lease, if there is any damage or destruction to the Property the repair of which actually takes a period beyond that date which is substantially six (6) months from the date of the occurrence of such damage (the "Outside Date"), then Tenant may, at Tenant's option, terminate this Lease by delivering written notice of such termination to Landlord, no later than thirty (30) days after the Outside Date. Notwithstanding anything to the contrary contained in this Lease, if there is any damage or totally destroyed destruction to the Property, Tenant shall have the right, at any time and from time to time to require Landlord to deliver to Tenant a written notice (the "Contractor Certificate") certifying to both Landlord and Tenant, in the reasonable opinion of Landlord's contractor, the amount of time required to repair or complete the repair of the Property. If in the Contractor Certificate the contractor certifies that the repair of the Property will take a period in excess of six (6) months from receipt of Tenant's request, then within fifteen (I 5) days after the delivery of the Contractor Certificate to Tenant, Tenant may, at Tenant's option, terminate this Lease by delivering written notice of such termination to Landlord within such fifteen (15) day period. Notwithstanding the foregoing, Tenant shall not have any cause whatsoever (i.e., right to terminate this Lease under this Section 7.05 if the damage to the Property is greater than partial damage as described in Section 7.1 or if such damage, regardless of Project was caused by the size of the portion damaged, renders the Building unfit for the operation acts or omissions of Tenant's business), and if the Property can be rebuilt within six (6) months after the date of destruction, Landlord shall rebuild the Property at Landlord's own expense, and this Lease shall remain in full force and effect. Landlord shall rebuild the Property at Landlord's sole expense, except that Tenant shall pay Landlord the "deductible amount" (if any) under Landlord's insurance policies. In addition and subject to the provisions of Section 13.12 hereof, if for any reason Landlord has not restored and repaired the damage to the Building and the Property within six (6) months after the occurrence of said casualty and the removal of Tenant's equipment and other property sufficient to allow Landlord's contractor to begin restoration and repair, time being strictly of the essence, then Tenant shall have the option to terminate this Lease at any time thereafter prior to the substantial completion of the repair and restoration of the damage to the Building and the Property by giving written notice to Landlord, which notice shall specify a date for expiration of the Lease, which date shall not be more than ninety (90) days after the giving of such notice. (b) If the substantial or total damage to the Property occurs during the last twelve (12) months of the Lease Term, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred by giving written notice to the other within sixty (60) days after Tenant's notification to Landlord of the occurrence of the damage.Initials: ______________ ______________

Substantial or Total Destruction. (a) Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Premises caused by fire or other casualty. If the Property is Premises are substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property Premises is greater than partial damage as described in Section 7.1 or if such damage5.01, and regardless of the size whether Landlord receives any insurance proceeds, this Lease shall terminate as of the portion damageddate the Tenant notifies Landlord that destruction occurred. Notwithstanding the preceding sentence, renders the Building unfit for the operation of Tenant's business), and if the Property Premises can be rebuilt within six (6) months after the date of destruction, Landlord shall may elect to rebuild the Property Premises at Landlord's ’s own expense, and in which case this Lease shall remain in full force and effect. Landlord shall rebuild the Property at Landlord's sole expense, except that notify Tenant shall pay Landlord the "deductible amount" (if any) under Landlord's insurance policies. In addition and subject to the provisions of Section 13.12 hereof, if for any reason Landlord has not restored and repaired the damage to the Building and the Property within six (6) months after the occurrence of said casualty and the removal of Tenant's equipment and other property sufficient to allow Landlord's contractor to begin restoration and repair, time being strictly of the essence, then Tenant shall have the option to terminate this Lease at any time thereafter prior to the substantial completion of the repair and restoration of the damage to the Building and the Property by giving written notice to Landlord, which notice shall specify a date for expiration of the Lease, which date shall not be more than ninety (90) days after the giving in writing of such notice. (b) If the substantial or total damage to the Property occurs during the last twelve (12) months of the Lease Term, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred by giving written notice to the other election within sixty (60) days after Tenant's notification to Landlord ’s notice of the occurrence of total or substantial destruction. If the damagePremises has not been fully restored within the six (6) months through no fault of the Landlord, Landlord shall have the right to complete the restoration, provided it shall use reasonable diligence in doing so, without affording the Tenant the right to cancel this Lease. If the destruction was caused by an act or omission of Tenant or Tenant’s employees, agents, contractors or invitees, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

Substantial or Total Destruction. (a) If Except as set forth below, if the Property Premises is substantially materially damaged or totally destroyed by any cause whatsoever (i.e.whatsoever, and regardless of whether Landlord receives any insurance proceeds, then either party may terminate this Lease as of the damage date the destruction occurred by written notice to the Property other within forty-five (45) days after notice to the parties of the occurrence of the material damage. For purposes of this Article Seven, “material” damage shall mean that more than fifty percent (50%) of the Premises is greater than partial damage untenantable as described in Section 7.1 or if a result of such damage. Notwithstanding the foregoing or any termination by Tenant pursuant to the foregoing, regardless of the size of the portion damaged, renders the Building unfit for the operation of Tenant's business), and if the Property Premises can be rebuilt within six twelve (612) months after the date of destructiondestruction and receipt by Landlord of applicable insurance proceeds, Landlord shall may elect to rebuild the Property Premises at Landlord's own expense, and in which case this Lease shall remain in full force and effect, subject to rent abatement (as set forth in Section 7.03 below) during the time during which the Premises is under construction and otherwise unusable. Landlord shall notify Tenant of such election within forty-five (45) days after Tenant's notice to Landlord of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild the Property Premises at Landlord's sole expense, except that if the destruction was caused by a negligent or willful act or omission of Tenant or its agents, employees, contractors, licensees or invitees, Tenant shall pay Landlord the "deductible amount" (if any) under difference between the actual cost of rebuilding and any insurance proceeds received by Landlord's insurance policies. In addition and subject to the provisions of Section 13.12 hereof, if for any reason Landlord has not restored and repaired the damage to the Building and the Property within six (6) months after the occurrence of said casualty and the removal of Tenant's equipment and other property sufficient to allow Landlord's contractor to begin restoration and repair, time being strictly of the essence, then Tenant shall have the option to terminate this Lease at any time thereafter prior to the substantial completion of the repair and restoration of the damage to the Building and the Property by giving written notice to Landlord, which notice shall specify a date for expiration of the Lease, which date shall not be more than ninety (90) days after the giving of such notice. (b) If the substantial or total damage to the Property occurs during the last twelve (12) months of the Lease Term, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred by giving written notice to the other within sixty (60) days after Tenant's notification to Landlord of the occurrence of the damage.

Substantial or Total Destruction. (a) If Notwithstanding anything to the Property contrary contained in this Lease, if there is substantially total or totally destroyed by any cause whatsoever (i.e., the damage substantial destruction to the Property and the repair of which actually takes a period beyond that date which is greater than partial damage as described in Section 7.1 or if such damage, regardless of the size of the portion damaged, renders the Building unfit for the operation of Tenant's business), and if the Property can be rebuilt within six (6) months after Tenant's notice of the date occurrence of destructionthe total or substantial destruction (the "Outside Date"), then Tenant may, at Tenant's option, terminate this Lease by delivering written notice of such termination to Landlord, no later than thirty (30) days after the Outside Date. Notwithstanding anything to the contrary contained in this Lease, if there is total or substantial destruction to the Property, Tenant shall have the right, at any time and from time to time to require Landlord shall rebuild to deliver to Tenant a written notice (the "Contractor Certificate") certifying to both Landlord and Tenant, in the reasonable opinion of Landlord's contractor, the amount of time required to repair or complete the repair of the destruction to the Property. If the contractor in the Contractor Certificate certifies that the repair of the destruction to the Property at Landlord's own expense, and this Lease shall remain will take a period in full force and effect. Landlord shall rebuild the Property at Landlord's sole expense, except that Tenant shall pay Landlord the "deductible amount" (if any) under Landlord's insurance policies. In addition and subject to the provisions excess of Section 13.12 hereof, if for any reason Landlord has not restored and repaired the damage to the Building and the Property within six (6) months after the occurrence of said casualty and the removal from receipt of Tenant's equipment and other property sufficient to allow Landlord's contractor to begin restoration and repairrequest, time being strictly then within fifteen (15) days after the delivery of the essenceContractor Certificate to Tenant, then Tenant may, at Tenant's option, terminate this lease by delivering written notice of such termination to Landlord within such fifteen (15) day period. Notwithstanding the foregoing, Tenant shall not have the option any right to terminate this Lease at any time thereafter prior to the substantial completion of the repair and restoration of under this Section 7.05 if the damage to the Building and the Property was caused by giving written notice to Landlord, which notice shall specify a date for expiration an act or omission of the Lease, which date shall not be more than ninety (90) days after the giving of such noticeTenant. (b) If the substantial or total damage to the Property occurs during the last twelve (12) months of the Lease Term, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred by giving written notice to the other within sixty (60) days after Tenant's notification to Landlord of the occurrence of the damage.