Common use of Substantial or Total Destruction Clause in Contracts

Substantial or Total Destruction. 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 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 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 right to terminate this Lease under this Section 7.05 if the damage to the Property or Project was caused by the acts or omissions of Tenant. Initials: ______________ ______________

Substantial or Total Destruction. Notwithstanding anything to If the contrary contained in this LeaseProperty is substantially or totally destroyed by any cause whatsoever (i.e., if there is any the damage or destruction to the Property is greater than partial damage as described in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate, in Tenant’s sole discretion as set forth below, as of the repair of which actually takes a period beyond that date which is the destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months from after the date of destruction, Landlord shall rebuild the occurrence of such damage (the "Outside Date")Property at Landlord’s own expense, then Tenant may, at Tenant's option, terminate and this Lease by delivering written notice shall remain in full force and effect. Landlord shall notify Tenant of such termination its determination as to Landlord, no later than whether the Property can be rebuilt in its reasonable determination within thirty (30) days after the Outside Date. Notwithstanding anything to occurrence of total or substantial destruction and Landlord shall rebuild the contrary contained in this LeaseProperty at Landlord’s sole expense, except that if there is any damage the destruction was caused by an act or destruction to the Propertyomission of Tenant, Tenant shall have pay Landlord the right, at difference between the actual cost of rebuilding and 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 insurance proceeds received by 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 cannot be rebuilt within six (6) months from receipt of Tenant's request, then within fifteen (I 5) days after the delivery date of destruction, either Tenant or Landlord may terminate the Contractor Certificate Lease. Landlord shall cooperate with Tenant in locating alternate premises as soon as reasonably possible after the event of damage or destruction, utilizing diligent and good faith efforts. Landlord may elect (but is not required) to repair any damage 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’s improvements. Notwithstanding the foregoing, Tenant shall not have any right to terminate this Lease under this Section 7.05 if If the damage to the Property occurs during the last twelve (12) months of the Lease Term and such damage will require more than thirty (30) days to repair, either Landlord or Project was caused Tenant may elect to terminate this Lease as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within thirty (30) days after Tenant’s notice to Landlord of the occurrence of the damage. Tenant may preserve the Lease by exercising an option to renew within twenty (20) days following the acts occurrence of the damage or omissions of Tenant. Initials: ______________ ______________destruction, provided said twenty (20) days is otherwise in accordance with the option notice period provided in this Lease.

Substantial or Total Destruction. Notwithstanding anything Except as set forth below, if the Premises is materially damaged or destroyed by any cause whatsoever, and regardless of whether Landlord receives any insurance proceeds, then either party may terminate this Lease as of the date the destruction occurred by written notice to the contrary contained in this Lease, if there is any damage or destruction other within forty-five (45) days after notice to the Property the repair of which actually takes a period beyond that date which is six (6) months from the date 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 untenantable as a result of such damage damage. Notwithstanding the foregoing or any termination by Tenant pursuant to the foregoing, if the Premises can be rebuilt within twelve (12) months after the "Outside Date")date of destruction and receipt by Landlord of applicable insurance proceeds, then Tenant mayLandlord may elect to rebuild the Premises at Landlord's expense, at Tenant's option, terminate in which case this Lease by delivering written notice 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 termination to Landlord, no later than thirty election within forty-five (3045) days after Tenant's notice to Landlord of the Outside Dateoccurrence of total or substantial destruction. Notwithstanding anything to If Landlord so elects, Landlord shall rebuild the contrary contained in this LeasePremises at Landlord's sole expense, except that if there is any damage the destruction was caused by a negligent or destruction to the Propertywillful act or omission of Tenant or its agents, employees, contractors, licensees or invitees, Tenant shall have pay Landlord the right, at difference between the actual cost of rebuilding and 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 insurance proceeds received by 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 right to terminate this Lease under this Section 7.05 if the damage to the Property or Project was caused by the acts or omissions of Tenant. Initials: ______________ ______________.

Substantial or Total Destruction. Notwithstanding anything If the Premises is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the contrary contained Premises is greater than partial damage as described in Section 7.01), Tenant shall immediately notify Landlord of the substantial or total destruction and regardless of whether Landlord receives any insurance proceeds, this LeaseLease shall terminate as of the date Tenant provides notice to Landlord of the destruction and the Rent shall be apportioned as of the date of such notice (which notice may be made by e-mail provided such email is confirmed in writing within seventy-two (72) hours of the date of such e-mail; provided, however, that if the Premises can be rebuilt within fifteen (15) months after the date Tenant provides notice to Landlord of the destruction, if there is any damage or destruction Landlord elects to rebuild the Property the repair Premises, this Lease shall remain in full force and effect. Landlord shall notify Tenant of which actually takes a period beyond that date which is six such election within forty-five (645) months from the date days after receipt of Tenant’s notice of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild the Premises at Landlord’s sole expense. If Landlord elects to rebuild the Premises, and fails to complete such damage (repairs within such 15-month period, Tenant shall have the "Outside Date"), then Tenant may, at Tenant's option, right to terminate this Lease by delivering written upon thirty (30) days’ prior notice of such termination to Landlord, no later than Landlord given within thirty (30) days after the Outside Date. Notwithstanding anything to the contrary contained in this Lease, if there is any damage or 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 expiration 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 month period. Notwithstanding the foregoing; however, if Tenant shall does not have any right elect to terminate this Lease under Lease, Landlord shall use commercially reasonable efforts to pursue such repairs to completion in accordance with the provisions of this Section 7.05 if the damage to the Property or Project was caused by the acts or omissions of Tenant. Initials: ______________ ______________Lease.

Substantial or Total Destruction. Notwithstanding anything to If the contrary contained in this LeaseProperty is substantially or totally destroyed by any cause whatsoever (i.e., if there is any the damage or destruction to the Property is greater than partial damage as described in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the repair of which actually takes a period beyond that date which is six the destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within one hundred eighty (6180) months from days after the date of destruction, Landlord may elect to rebuild the occurrence Property at Landlord's own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant 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 election within thirty (30) days after Tenant's notice of the Outside Dateoccurrence of total or substantial destruction. Notwithstanding anything If Landlord so elects, Landlord shall rebuild the Property at Landlord's sole expense. Should Landlord so elect to rebuild and should possession of the contrary contained Property as rebuilt not be delivered to Tenant within such one hundred eighty (180) day period, Tenant shall notify Landlord in writing and Landlord shall have thirty (30) days after such notice in which to deliver such possession to Tenant. If Landlord fails to deliver possession to Tenant within such thirty (30) day period, Tenant may elect by written notice to Landlord within five (5) business days after the expiration of said thirty (30) day period to terminate this Lease, if there is any damage or destruction to whereupon the Property, Tenant shall have the right, at any time terms 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 conditions hereof regarding termination 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 Term shall not have any right to terminate this Lease under this Section 7.05 if the damage to the Property or Project was caused by the acts or omissions of Tenant. Initials: ______________ ______________apply.