Common use of Tenant Termination Rights Clause in Contracts

Tenant Termination Rights. (a) Within 60 days after Landlord has actual knowledge of any fire or other casualty that results in 30,000 rentable square feet or more of the Premises being Untenantable, Landlord shall deliver to Tenant an estimate prepared by a reputable contractor selected by Landlord reasonably acceptable to Tenant setting forth such contractor’s estimate as to the time reasonably required (i) to perform Landlord’s Restoration Obligation and (ii) to repair such damage in order to make the Premises (or such portion thereof) no longer Untenantable. If Landlord shall fail to deliver said estimate within said 60-day period, Tenant may designate an independent reputable contractor to prepare the same. If the period set forth in any such estimate to make the Premises no longer Untenantable exceeds 365 days from the date of such fire or other casualty, Tenant may elect to terminate this Lease by notice to Landlord given not later than 30 days following Tenant’s receipt of such estimate. If Tenant shall exercise such election, the Term of this Lease shall terminate on the 20th day after notice of such election shall be given by Tenant, and Tenant shall vacate the Premises, and surrender the same to Landlord in accordance with the terms of this Lease. If the time period set forth in said estimate to make the Premises no longer Untenantable does not exceed 365 days from the date of such fire or other casualty, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord shall not Substantially Complete Landlord’s Restoration Obligation within 30 days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 60 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the right to terminate this Lease by notice to Landlord given not later than 30 days following the last day of such 30 day period (as so extended) after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. If the time period set forth in said estimate to make the Premises no longer Untenantable does exceed 365 days from the date of such fire or other casualty and Tenant has not elected to terminate this Lease as set forth above, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord shall not complete Landlord’s Restoration Obligation within 90 days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 90 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the further right to terminate this Lease by notice to Landlord given not later than 30 days following the last day of such 90 day period after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. Landlord shall keep Tenant apprised of the progress of restorations, and if Landlord’s Restoration Obligation is not complete on the projected completion date, then Landlord shall give Tenant written notice of the revised projected completion date. Upon any such termination of this Lease, Tenant’s liability for Rent hereunder shall cease as of the date of such termination, and any prepaid portion of Rent for any period after such date shall promptly be refunded by Landlord to Tenant.

Tenant Termination Rights. (a) Within 60 days after Landlord has actual knowledge In the event of any fire or other casualty that results in 30,000 rentable square feet or more of the Premises being Untenantablesuch Casualty, Landlord shall deliver endeavor to provide Tenant an estimate prepared by a reputable contractor selected by Landlord reasonably acceptable written notice of its estimated time to Tenant setting forth such contractor’s estimate as complete any necessary repair and restoration to the time reasonably required Leased Premises and the Common Areas of the Building within ninety (i90) to perform Landlord’s Restoration Obligation and (ii) to repair days following such damage in order to make the Premises (or Casualty. In such portion thereof) no longer Untenantable. If Landlord shall fail to deliver said estimate within said 60-day periodcase, Tenant may designate an independent reputable contractor to prepare the same. If the period set forth in any such estimate to make the Premises no longer Untenantable exceeds 365 days from the date of such fire or other casualtyTenant, Tenant may elect to terminate this Lease by written notice to Landlord given not later than 30 within thirty (30) days following Tenant’s after receipt of such estimate. If Tenant shall exercise notice (provided, such election, the Term of this Lease shall terminate on the 20th day after notice of such election period shall be given by Tenant, and Tenant shall vacate the Premises, and surrender the same to Landlord in accordance with the terms of this Lease. If the time period set forth in said estimate to make the Premises no longer Untenantable does not exceed 365 days from the date of such fire or other casualty, and extended for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord shall not Substantially Complete delays in Landlord’s Restoration Obligation within 30 days after delivery of the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 60 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delaysrepair and restoration estimate), then Tenant shall have the right to terminate this Lease by written notice to Landlord given if: (1) the Leased Premises have been materially damaged and there is less than two (2) years of the Lease Term remaining on the date of the Casualty; or (2) the Leased Premises are totally damaged or are rendered wholly untenantable, and Landlord’s estimated time to complete the repair and restoration of the Leased Premises and Common Areas is longer than two hundred ten (210) days from the date of such Casualty. In addition, Tenant, by written notice to Landlord prior to the date that Landlord actually completes the repair and restoration of the Leased Premises and Common Areas of the Building to an extent that same are tenantable by Tenant, shall have the right to terminate this Lease by written notice to Landlord if such repair and restoration is not later than 30 completed within one hundred eighty (180) days following the last day of date Landlord delivers its repair and restoration estimate (provided, such 30 day period shall be extended for any delays incurred due to Force Majeure Matters). If this Lease is so terminated, (as so extendeda) the Lease Term shall expire upon the date set forth in Tenant’s notice, which shall not be less than thirty (30) days after such notice is given, and Tenant shall vacate the Leased Premises and surrender the same to Landlord no later than the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. If the time period set forth in said estimate to make the Premises no longer Untenantable does exceed 365 days from the date of such fire or other casualty and Tenant has not elected to terminate this Lease as set forth abovenotice, and for any reason whatsoever (other than a delay caused by the act or omission of Tenantb) Landlord shall not complete Landlord’s Restoration Obligation within 90 days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 90 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the further right to terminate this Lease by notice to Landlord given not later than 30 days following the last day of such 90 day period after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. Landlord shall keep Tenant apprised of the progress of restorations, and if Landlord’s Restoration Obligation is not complete on the projected completion date, then Landlord shall give Tenant written notice of the revised projected completion date. Upon any such termination of this Lease, Tenant’s liability for Rent hereunder shall cease as of the date of such terminationthe Casualty, and (c) any prepaid portion of Rent rental amounts for any period after such the date of the Casualty shall promptly be refunded by Landlord to Tenant, and (d) Landlord shall be entitled to collect all insurance proceeds of policies held by Landlord or Tenant providing coverage for alterations and other improvements to the Leased Premises. Landlord shall retain such proceeds from Tenant’s insurance only to the extent that Landlord performed or paid for covered alterations and improvements, whether by contribution, offset or otherwise, and the balance of such proceeds, if any, shall be paid to Tenant.

Tenant Termination Rights. (a) Within 60 days after Landlord has actual knowledge If, by reason of any fire an Eviction, 50,000 or other casualty that results in 30,000 more rentable square feet or more of the Premises are untenantable (A) for reasons other than Force Majeure for sixty (60) or more consecutive days after notice from Tenant to Landlord, (B) for reasons other than Force Majeure for ninety (90) or more days in any consecutive 12-month period (such reference to ninety (90) days being Untenantable, Landlord shall deliver deemed to Tenant an estimate prepared by a reputable contractor selected by Landlord reasonably acceptable to Tenant setting forth such contractor’s estimate as refer to the number of days that the applicable space is so untenantable after Tenant has given Landlord notice of each occurrence of such untenantability), or (C) as a result of Force Majeure for three hundred sixty five (365) or more consecutive days after notice from Tenant to Landlord (such sixty (60), ninety (90) and three hundred sixty five (365) day periods to be extended for up to an additional ninety (90) days during which time reasonably required Landlord is diligently prosecuting to cure the cause of such untenantability), then in each such case Tenant may, by notice given to Landlord on or before the earlier to occur of (ix) to perform Landlord’s Restoration Obligation the date that the applicable portion of the Premises is rendered tenantable and (iiy) to repair such damage in order to make the Premises (or such portion thereof) no longer Untenantable. If Landlord shall fail to deliver said estimate within said 60-day period, Tenant may designate an independent reputable contractor to prepare the same. If the period set forth in any such estimate to make the Premises no longer Untenantable exceeds 365 days from the date that is thirty (30) days after the end of such fire sixty (60), ninety (90) or other casualtythree hundred sixty five (365) day period (as so extended), Tenant may elect to as applicable, terminate this Lease by notice to Landlord given not later than 30 days following Tenant’s receipt of such estimateLease. If Tenant shall exercise timely gives a termination notice in accordance with this Section 8.26, (time being of the essence in connection with such election, the Term of termination notice) this Lease shall terminate on the 20th day after such notice of such election shall be is given by Tenant, Xxxxxx and Tenant shall vacate the Premises, Premises and surrender the same to Landlord in the same manner required for surrender of the Premises on the Expiration Date in accordance with the terms of this Lease. If the time period set forth in said estimate to make the Premises no longer Untenantable does not exceed 365 days from the date of such fire or other casualty, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord shall not Substantially Complete Landlord’s Restoration Obligation within 30 days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 60 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the right to terminate this Lease by notice to Landlord given not later than 30 days following the last day of such 30 day period (as so extended) after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. If the time period set forth in said estimate to make the Premises no longer Untenantable does exceed 365 days from the date of such fire or other casualty and Tenant has not elected to terminate this Lease as set forth above, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord shall not complete Landlord’s Restoration Obligation within 90 days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 90 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the further right to terminate this Lease by notice to Landlord given not later than 30 days following the last day of such 90 day period after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. Landlord shall keep Tenant apprised of the progress of restorations, and if Landlord’s Restoration Obligation is not complete on the projected completion date, then Landlord shall give Tenant written notice of the revised projected completion date. Upon any such termination of this Leasetermination, Tenant’s liability for Fixed Rent and Additional Charges hereunder with respect to the Premises shall cease as of the date of such termination, and any prepaid portion of Rent with respect to the Premises for any period after such date shall promptly be refunded by Landlord to Tenant within thirty (30) days after Landlord receives Tenant.’s termination notice. In the event of any termination of this Lease under. this Section 8.26, Tenant shall pay to Landlord the amount, if any, due in accordance with Section 7.06 above. Any notice given by Tenant pursuant to this Section 8.26 as to the occurrence of an Eviction which renders all or a portion of the Premises untenantable shall not be effective unless such notice expressly states that such notice is being given pursuant to this Section 8.26 and that Tenant may have the right to terminate this Lease in accordance with the provisions of this Section 8.26. The rights granted Tenant under this 118

Tenant Termination Rights. (a) Within 60 days after Landlord has actual knowledge If, by reason of any fire an Eviction, 50,000 or other casualty that results in 30,000 more rentable square feet of the Office Space are Untenantable (A) for reasons other than Force Majeure for 60 or more consecutive days after notice from Tenant to Landlord, (B) for reasons other than Force Majeure for 90 or more days in any consecutive 12-month period (such reference to 90 days being deemed to refer to the number of days that the applicable space is so Untenantable after Tenant has given Landlord notice of each occurrence of such Untenantability) or (C) as a result of Force Majeure for 365 or more consecutive days after notice from Tenant to Landlord (such 60, 90 and 365 day periods to be extended for up to an additional 90 days during which time Landlord is diligently prosecuting to cure the cause of such Untenantability), then in each such case Tenant may, by notice given to Landlord on or before the earlier to occur of (x) the date that the applicable portion of the Premises being UntenantableOffice Space is rendered tenantable and (y) the date that is 30 days after the end of such 60, Landlord shall deliver to Tenant an estimate prepared by a reputable contractor selected by Landlord reasonably acceptable to Tenant setting forth such contractor’s estimate 90 or 365 day period (as so extended), as applicable (time of the essence), terminate this Lease, at Tenant's option, with respect to the time reasonably required (i) to perform Landlord’s Restoration Obligation and (ii) to repair such damage in order to make the Premises (or such portion thereof) no longer Untenantable. If Landlord shall fail to deliver said estimate within said 60-day period, Tenant may designate an independent reputable contractor to prepare the same. If the period set forth in any such estimate to make the Premises no longer Untenantable exceeds 365 days from the date of such fire or other casualty, Tenant may elect to terminate this Lease by notice to Landlord given not later than 30 days following Tenant’s receipt of such estimateTerminated Space. If Tenant shall exercise such electiontimely gives a termination notice in accordance with this Section 10.03, the Term of this Lease shall terminate with respect to the Terminated Space on the 20th day after such notice of such election shall be is given by Tenant, Tenant and Tenant shall vacate the Premises, Terminated Space and surrender the same to Landlord in accordance with the terms of this Lease. If the time period set forth in said estimate to make the Premises no longer Untenantable does not exceed 365 days from the date of such fire or other casualty, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord shall not Substantially Complete Landlord’s Restoration Obligation within 30 days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 60 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the right to terminate this Lease by notice to Landlord given not later than 30 days following the last day of such 30 day period (as so extended) after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. If the time period set forth in said estimate to make the Premises no longer Untenantable does exceed 365 days from the date of such fire or other casualty and Tenant has not elected to terminate this Lease as set forth above, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord shall not complete Landlord’s Restoration Obligation within 90 days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer time, but not in excess of 90 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the further right to terminate this Lease by notice to Landlord given not later than 30 days following the last day of such 90 day period after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. Landlord shall keep Tenant apprised of the progress of restorations, and if Landlord’s Restoration Obligation is not complete on the projected completion date, then Landlord shall give Tenant written notice of the revised projected completion date. Upon any such termination of this Leasetermination, Tenant’s 's liability for Fixed Rent and Additional Charges hereunder with respect to the Terminated Space shall cease as of the date of such termination, and any prepaid portion of Rent with respect to the Terminated Space for any period after such date shall promptly be refunded by Landlord to Tenant within 30 days after Landlord receives Tenant's termination notice. Upon a termination of this Lease with respect to less than the entire Premises, there shall be a pro rata reduction of Tenant's Rent obligations to reflect such partial termination and the reduced rentable area of the Premises (such rentable area to be determined in a manner consistent with the methods used in calculating the rentable area of the Premises initially demised under this Lease) and Landlord and Tenant shall promptly enter into an instrument evidencing such partial termination; provided, that the failure to enter into such instrument shall not affect the effectiveness of such partial termination. In the event of any termination of this Lease under this Section 10.03, whether as to all or a portion of the Premises, Tenant shall pay to Landlord the amount, if any, due in accordance with Section 7.06 above. Tenant acknowledges that, in the case of an Eviction, Tenant's sole rights to terminate this Lease by reason of such Eviction are as expressly set forth in this Section 10.03(a) and Tenant hereby waives all other rights at law or in equity (including, without limitation, any right to claim a constructive eviction) to terminate this Lease by reason of such Eviction; provided, that this sentence (i) shall not be applicable if such Eviction occurs by reason of Landlord's bad faith acts or (where Landlord has an affirmative obligation to act pursuant to the terms of this Lease) omissions and (ii) shall not be deemed to constitute a waiver by Tenant of any right that Tenant may have under this Lease or at law or in equity to make a claim for any damages suffered by Tenant by reason of such Eviction. Any notice given by Tenant pursuant to this Section 10.03 as to the occurrence of an Eviction which renders all or a portion of the Premises Untenantable shall not be effective unless such notice expressly states that such notice is being given pursuant to this Section 10.03 and that Tenant may have the right to terminate this Lease in accordance with the provisions of this Section 10.03.

Tenant Termination Rights. If all of the Casualty Conditions are satisfied and either the repairs cannot, pursuant to the Landlord Repair Estimate Notice, be completed within two hundred seventy (a270) Within 60 days after Landlord has actual knowledge the date of any fire discovery of the damage (which such repairs are made without the payment of overtime or other casualty that results in 30,000 rentable square feet premiums, or more the damage occurs during the last twelve (12) months of the Premises being UntenantableLease Term, Landlord shall deliver to Tenant an estimate prepared by a reputable contractor selected by Landlord reasonably acceptable to Tenant setting forth such contractor’s estimate as and, in the reasonable judgment of Landlord, the damage or destruction to the time reasonably required Premises or Building cannot be repaired by the date which occurs fifty percent (i50%) to perform Landlord’s Restoration Obligation and (ii) to repair such damage in order to make of the Premises (or such portion thereof) no longer Untenantable. If Landlord shall fail to deliver said estimate within said 60-day periodway through the then remaining Lease Term, Tenant may designate an independent reputable contractor to prepare elect, no earlier than sixty (60) days after the same. If date of the period set forth in any such estimate to make the Premises no longer Untenantable exceeds 365 damage and not later than ninety (90) days from after the date of such fire or other casualtydamage, Tenant may elect to terminate this Lease by written notice to Landlord given not later than 30 days following Tenant’s receipt effective as of such estimate. If Tenant shall exercise such election, the Term of this Lease shall terminate on the 20th day after notice of such election shall be given by Tenant, and Tenant shall vacate the Premises, and surrender the same to Landlord in accordance with the terms of this Lease. If the time period set forth in said estimate to make the Premises no longer Untenantable does not exceed 365 days from the date of such fire or other casualtyspecified in the notice, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord which date shall not Substantially Complete Landlord’s Restoration Obligation within 30 be less than thirty (30) days nor more than sixty (60) days after the date set forth such notice is given by Tenant. Furthermore, if all of the Casualty Conditions are satisfied, neither Landlord nor Tenant has terminated this Lease, and the repairs required to be completed by Landlord are not actually completed within the longer of one (1) year of the date of discovery of the damage, and two (2) months after the date that Landlord originally estimated for completion in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed (or such longer timeLandlord Repair Estimate Notice, but not in excess of 60 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the right to terminate this Lease during the first five (5) business days of each calendar month following the end of such period until such time as the repairs are complete, by notice to Landlord given not later than 30 days following (the last day "Damage Termination Notice"), effective as of such 30 day period (as so extended) after the a date set forth in the estimate as Damage Termination Notice (the date by "Damage Termination Date"), which Landlord’s Restoration Obligation should reasonably be completed. If the time period set forth in said estimate to make the Premises no longer Untenantable does exceed 365 days from the date of such fire or other casualty and Tenant has not elected to terminate this Lease as set forth above, and for any reason whatsoever (other than a delay caused by the act or omission of Tenant) Landlord Damage Termination Date shall not complete Landlord’s Restoration Obligation within 90 be less than ten (10) business days after the date set forth in the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed nor more than ninety (or such longer time, but not in excess of 90 additional days, that Landlord may be delayed in Substantially Completing Landlord’s Restoration Obligation by reason of Unavoidable Delays), then Tenant shall have the further right to terminate this Lease by notice to Landlord given not later than 30 90) days following the last day end of each such 90 day period after month. In the date set forth event this Lease is terminated in accordance with the estimate as the date by which Landlord’s Restoration Obligation should reasonably be completed. Landlord shall keep Tenant apprised of the progress of restorations, and if Landlord’s Restoration Obligation is not complete on the projected completion date, then Landlord shall give Tenant written notice of the revised projected completion date. Upon any such termination terms of this LeaseSection 11.3, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s liability for Rent hereunder shall cease as 's insurance required under items (ii) and (iii) of Section 10.3.2 of this Lease that are attributable to the date of such termination, and any prepaid portion of Rent for any period after such date shall promptly be refunded by Landlord to Tenantunamortized Improvement Allowance.