Common use of Tenant Termination Rights Clause in Contracts

Tenant Termination Rights. If, by reason of an Eviction, 50,000 or more rentable square feet 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 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 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 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 is rendered tenantable and (y) the date that is thirty (30) days after the end of such sixty (60), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, terminate this Lease. If Tenant timely gives a termination notice in accordance with this Section 8.26, (time being of the essence in connection with such termination notice) this Lease shall terminate on the 20th day after such notice is given by Xxxxxx and Tenant shall vacate the 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. Upon any such termination, 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 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

Tenant Termination Rights. If, by reason (a) Within 60 days after Landlord has actual knowledge of an Eviction, 50,000 any fire or more other casualty that results in 30,000 rentable square feet or more of the Premises are untenantable 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 (Ai) for reasons other than Force Majeure for sixty 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) or more consecutive days after notice from -day period, Tenant may designate an independent reputable contractor to Landlord, (B) for reasons other than Force Majeure for ninety (90) or more days prepare the same. If the period set forth in any consecutive 12-month period (such reference estimate to ninety (90) make the Premises no longer Untenantable exceeds 365 days being deemed to refer to from the number of days that the applicable space is so untenantable after Tenant has given Landlord notice of each occurrence date of such untenantability)fire or other casualty, or (C) as a result of Force Majeure for three hundred sixty five (365) or more consecutive days after Tenant may elect to terminate this Lease by 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) given not later than 30 days during which time Landlord is diligently prosecuting to cure the cause following Tenant’s receipt 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 is rendered tenantable and (y) the date that is thirty (30) days after the end of such sixty (60), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, terminate this Leaseestimate. If Tenant timely gives a termination notice in accordance with this Section 8.26shall exercise such election, (time being the Term of the essence in connection with such termination notice) this Lease shall terminate on the 20th day after notice of such notice is election shall be given by Xxxxxx Tenant, 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 terminationtermination of this Lease, 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 Tenant. (30b) days after Landlord receives Tenant’s termination notice. In Anything to the event contrary contained in this Section 7.07 notwithstanding, if any fire or other casualty occurs during the last 18 months of any termination the term of this Lease under. this Section 8.26Lease, Tenant all references in the previous paragraph to “365 days” shall pay to Landlord be deemed replaced with the amount, following number of days: (1) if any, due in accordance with Section 7.06 above. Any notice given by Tenant pursuant to this Section 8.26 as such fire or other casualty occurs during the 6-month period commencing on the date that is 18 months prior to the occurrence of an Eviction which renders all or a portion end 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 term of this Section 8.26. The rights granted Tenant under thisLease, “90 days”; (2) if such fire or other casualty occurs during the 6-month period commencing on the date that is 12 months prior to the end of the term of this Lease, “60 days”; and (3) if such fire or other casualty occurs during the last 6-months of the term of this Lease, “20 days”.

Tenant Termination Rights. (a) If, by reason of an Eviction, 50,000 or more rentable square feet of the Premises Office Space are untenantable Untenantable (A) for reasons other than Force Majeure for sixty (60) 60 or more consecutive days after notice from Tenant to Landlord, (B) for reasons other than Force Majeure for ninety (90) 90 or more days in any consecutive 12-month period (such reference to ninety (90) 90 days being deemed to refer to the number of days that the applicable space is so untenantable Untenantable after Tenant has given Landlord notice of each occurrence of such untenantability), Untenantability) or (C) as a result of Force Majeure for three hundred sixty five (365) 365 or more consecutive days after notice from Tenant to Landlord (such sixty (60), ninety (90) 90 and three hundred sixty five (365) 365 day periods to be extended for up to an additional ninety (90) 90 days during which time Landlord is diligently prosecuting to cure the cause of such untenantabilityUntenantability), 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 Office Space is rendered tenantable and (y) the date that is thirty (30) 30 days after the end of such sixty (60), ninety (90) 90 or three hundred sixty five (365) 365 day period (as so extended), as applicableapplicable (time of the essence), terminate this Lease, at Tenant's option, with respect to the Terminated Space. If Tenant timely gives a termination notice in accordance with this Section 8.2610.03, (time being of the essence in connection with such termination notice) this Lease shall terminate with respect to the Terminated Space on the 20th day after such notice is given by Xxxxxx Tenant and Tenant shall vacate the Premises Terminated Space 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. Upon any such termination, Tenant’s 's liability for Fixed Rent and Additional Charges hereunder with respect to the Premises Terminated Space shall cease as of the date of such termination, and any prepaid portion of Rent with respect to the Premises Terminated Space for any period after such date shall be refunded by Landlord to Tenant within thirty (30) 30 days after Landlord receives Tenant’s '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. under this Section 8.2610.03, 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 8.26 10.03 as to the occurrence of an Eviction which renders all or a portion of the Premises untenantable Untenantable shall not be effective unless such notice expressly states that such notice is being given pursuant to this Section 8.26 10.03 and that Tenant may have the right to terminate this Lease in accordance with the provisions of this Section 8.2610.03. (b) Subject to Section 7.07, "Terminated Space" means, at Tenant's election as specified in the applicable termination notice, either (i) the entire Premises or (ii) a portion of the Premises consisting of entire floors of the Building (or so much of any floor as shall then be part of the Premises); provided, that in the case of any such partial termination, (x) all floors included within the Terminated Space shall be contiguous and (y) the Terminated Space shall include either (I) all or any of the floors the Untenantability of which gave rise to such termination right or (II) either the highest or lowest floor then included in the Office Space and any other floor(s) contiguous to such highest or lowest floor so long as the total rentable area of the Terminated Space does not exceed the rentable area of the portion of the Premises the Untenantability of which gave rise to such termination right. The If an Eviction occurs by reason of Force Majeure, then Tenant's sole remedies in respect of such Eviction shall be as set forth in Sections 10.02 and 10.03 and Tenant hereby waives all other rights granted or remedies at law or in equity (including, without limitation, any right to claim a constructive eviction), if and to the extent that Tenant under thismay be entitled to such rights or remedies by reason of such Eviction.

Tenant Termination Rights. IfIn the event of such Casualty, by reason Landlord shall endeavor to provide Tenant written notice of an Eviction, 50,000 or more rentable square feet its estimated time to complete any necessary repair and restoration to the Leased Premises and the Common Areas 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 Building within ninety (90) days being deemed to refer to the number of days that the applicable space is so untenantable after Tenant has given Landlord following such Casualty. In such case, Tenant, by written 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 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 is rendered tenantable and (y) the date that is within thirty (30) days after the end receipt of such sixty notice (60provided, such period shall be extended for any delays in Landlord’s delivery of the repair and restoration estimate), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, shall have the right to terminate this LeaseLease by written notice to Landlord 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 completed within one hundred eighty (180) days following the date Landlord delivers its repair and restoration estimate (provided, such period shall be extended for any delays incurred due to Force Majeure Matters). If Tenant timely gives a termination notice in accordance with this Section 8.26Lease is so terminated, (time being of a) the essence Lease Term shall expire upon the date set forth in connection with such termination Tenant’s notice, which shall not be less than thirty (30) this Lease shall terminate on the 20th day days after such notice is given by Xxxxxx given, and Tenant shall vacate the Leased Premises and surrender the same to Landlord no later than the date set forth in the same manner required for surrender of the Premises on the Expiration Date in accordance with the terms of this Lease. Upon any such terminationnotice, (b) Tenant’s liability for Fixed Rent and Additional Charges hereunder with respect to the Premises shall cease as of the date of such terminationthe Casualty, and (c) any prepaid portion of Rent with respect to the Premises rental amounts for any period after such the date of the Casualty shall be refunded by Landlord to Tenant, and (d) Landlord shall be entitled to collect all insurance proceeds of policies held by Landlord or Tenant within thirty (30) days after providing coverage for alterations and other improvements to the Leased Premises. Landlord receives shall retain such proceeds from Tenant’s termination notice. In insurance only to the event extent that Landlord performed or paid for covered alterations and improvements, whether by contribution, offset or otherwise, and the balance of any termination of this Lease under. this Section 8.26, Tenant shall pay to Landlord the amountsuch proceeds, if any, due in accordance with Section 7.06 above. Any notice given by Tenant pursuant shall be paid 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 thisTenant.

Tenant Termination Rights. IfTenant shall have the right to terminate this Lease by providing written notice to Landlord (which date of such termination shall be not more than thirty (30) days after the date of Tenant’s notice to Landlord): (a) within thirty (30) days after Xxxxxx’s receipt of the Repair Estimate Notice (time being of the essence with respect to such notice) if the Estimated Repair Completion Date set forth in the Repair Estimate Notice exceeds one (1) year after the date Landlord’s repairs are expected to commence, by reason or in the event Landlord fails to timely deliver the Repair Estimate Notice and such failure continues for more than five (5) days following Xxxxxx’s written notice to Landlord of such failure; (b) In the event of any fire or casualty during the last two (2) years of the initial Term, or during the last year of an EvictionExtension Period (as hereinafter defined), 50,000 or and (i) the same renders more rentable square feet than one-third of the Premises are untenantable unusable or inaccessible for general office use and the same cannot reasonably be expected to be ready for re-occupancy for such use within one-half of the remaining Lease Term or Extension Period, and (Aii) Tenant shall not have validly exercised a remaining Extension Option (as hereinafter defined) 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 deemed to refer the next Extension Period prior to the number of days that the applicable space is so untenantable after Tenant has given Landlord notice of each occurrence of such untenantabilityfire or casualty; or (c) If, for any reason, the restoration for which Landlord is obligated to perform hereunder shall not be substantially completed (i.e., complete, other than minor items of a punch list nature that do not prevent or materially interfere with general office use of the Premises in compliance with applicable Laws), or within three (C3) as a result months of Force Majeure for three hundred sixty five the Estimated Repair Completion Date (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 which period may be extended for up to an additional ninety (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 is rendered tenantable and (y) the date that is thirty (30) days after due to force majeure occurring following the end of such sixty (60date Landlord delivers the applicable Repair Estimate Notice), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, terminate this Lease. If Tenant timely gives a termination notice in accordance with this Section 8.26, (time being Notwithstanding any of the essence in connection with such termination notice) this Lease shall terminate on the 20th day after such notice is given by Xxxxxx and Tenant shall vacate the 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. Upon any such termination, Tenant’s liability for Fixed Rent and Additional Charges hereunder with respect foregoing 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 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 8.26contrary, 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 if the provisions willful misconduct of this Section 8.26. The rights granted Tenant under thisor any employee of Tenant caused the fire or other casualty.

Tenant Termination Rights. If, by reason of an Eviction, 50,000 or more rentable square feet 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 (270) days after the date of discovery of the damage (which such repairs are made without the payment of overtime or other premiums, or the damage occurs during the last twelve (12) months of the Lease Term, and, in the reasonable judgment of Landlord, the damage or destruction to the Premises are untenantable or Building cannot be repaired by the date which occurs fifty percent (A50%) for reasons other of the way through the then remaining Lease Term, Tenant may elect, no earlier than Force Majeure for sixty (60) or more consecutive days after notice from Tenant to Landlord, (B) for reasons other the date of the damage and not later than Force Majeure for ninety (90) or more days in any consecutive 12-month period (such reference to ninety (90) days being deemed after the date of such damage, to refer terminate this Lease by written notice to Landlord effective as of the number date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant. Furthermore, if all of days that the applicable space is so untenantable after Casualty Conditions are satisfied, neither Landlord nor Tenant has given terminated this Lease, and the repairs required to be completed by Landlord notice 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 Landlord Repair Estimate Notice, Tenant shall have the right to terminate this Lease during the first five (5) business days of each occurrence calendar month following the end of such untenantability)period until such time as the repairs are complete, or (C) as a result of Force Majeure for three hundred sixty five (365) or more consecutive days after by notice from Tenant to Landlord (such sixty (60the "Damage Termination Notice"), ninety effective as of a date set forth in the Damage Termination Notice (90the "Damage Termination Date"), which Damage Termination Date shall not be less than ten (10) and three hundred sixty five (365) day periods to be extended for up to an additional business days nor more than ninety (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 is rendered tenantable and (y) the date that is thirty (30) days after following the end of each such sixty (60), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, terminate this Leasemonth. If Tenant timely gives a termination notice in accordance with this Section 8.26, (time being of In the essence in connection with such termination notice) event this Lease shall terminate on the 20th day after such notice is given by Xxxxxx and Tenant shall vacate the Premises and surrender the same to Landlord in the same manner required for surrender of the Premises on the Expiration Date terminated in accordance with the terms of this Lease. Upon Section 11.3, Tenant shall assign to Landlord (or to any such termination, 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 be refunded party designated by Landlord Landlord) all insurance proceeds payable to Tenant within thirty under Tenant's insurance required under items (30ii) days after Landlord receives Tenant’s termination notice. In the event and (iii) of any termination Section 10.3.2 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 that are attributable 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 thisunamortized Improvement Allowance.