Tenant's Election to Terminate. In case of any damage or destruction which Landlord is required or elects to repair as provided in Sections 14.1 and 14.2 above, Tenant may terminate this Lease by notice to Landlord any time prior to the completion of the required repairs if Landlord has not restored and rebuilt the Premises (exclusive of any property of Tenant or Tenant Alterations) to substantially the same condition as existed immediately prior to such damage or destruction within one (1) year of destruction, or within such additional period thereafter (not exceeding six (6) months) as shall equal the aggregate period Landlord may have been delayed in doing so by adjustment of insurance or force majeure.
Tenant's Election to Terminate. If: (i) the Building is totally ------------------------------ destroyed by fire or other casualty; or (ii) the Building or the Premises is damaged to such an extent that Tenant cannot reasonably expect to conduct its business for a period exceeding ninety (90) days from EXECUTION COPY the date of the casualty, Tenant may terminate this Lease by giving Landlord notice within ninety (90) days after the date of the casualty, and this Lease shall terminate as of the date of the casualty.
Tenant's Election to Terminate. If (i) the Building, the Parking Area or the Premises is destroyed or damaged by fire or other casualty such that Tenant is deprived of use of and access to so much of the Premises or the Parking Area that the remaining area of the Premises or the Parking Area shall not be reasonably adequate for the conduct of Tenant's business at the Building as a result of such casualty, and (ii) an Experienced Contractor estimates in a notice (the "Experienced Contractor Notice") provided by Landlord to Tenant within 60 days after discovery of the casualty that the Building, the Parking Area or the Premises is damaged to such an extent that the time necessary to repair or rebuild the Building, the Premises or the Parking Area will exceed nine (9) months (or, with respect to the last year of the Lease Term, the Experienced Contractor estimates that the time necessary to repair or rebuild will exceed three (3) months), the terms of this SECTION 13.3(b) shall apply. If the damage is such that the terms of clauses (i) and (ii) above are satisfied, Tenant may terminate this Lease by giving Landlord notice within thirty (30) days after delivery of such estimate, whereupon this Lease shall terminate on the date specified in Tenant's notice, which date shall not be more than 90 days following the date of Tenant's discovery of the casualty. Otherwise Landlord and Xxxxxx will reasonably cooperate to complete all necessary repairs and restoration within the time frame estimated in the Experienced Contractor Notice as necessary to repair or rebuild. If the necessary restoration work to be completed by Landlord is not completed within thirty (30) days after the estimated time to repair or rebuild provided in the Experienced Contractor Notice Tenant shall have the right to terminate the Lease upon written notice to Landlord, notwithstanding anything else contained herein, the time frame contained in the Experienced Contractor Notice shall be subject to extension for (x) any delay resulting from the action or inaction of Tenant or its agents, employees or contractors and (y) any delay resulting from an event or circumstance beyond Landlord's reasonable control (as referenced in SECTION 26.5), provided that the outside completion date for such restoration will not be postponed for more than 60 days by reason of a delay described in clause (y) above but there is no limitation on postponement by reason of a delay caused by Xxxxxx.
Tenant's Election to Terminate. Following execution of this Lease, if Tenant determines in its sole judgment that development of the Project is not feasible, Tenant may elect to terminate this Lease prior to the Commencement Date by notice in writing to Landlord, in recordable form, acknowledged by Tenant. Such notice shall be effective upon receipt by Landlord.
Tenant's Election to Terminate. If the Building or the Premises is destroyed by fire or other casualty and (i) Landlord shall not commence to re-build or repair such damage within sixty (60) days of the date of such fire or other casualty, or (ii) Landlord shall, for any reason, fail to complete such re-building or repair within one (1) year of the date of the fire or other casualty, then in any such event Tenant may, at its option, terminate this Lease by giving Landlord notice. This Lease shall terminate on the tenth (10th) day after the date that such termination notice from Tenant is given unless the Landlord shall commence such re-building or repair or complete such restoration, as the case may be, within such ten (10) day period, and the Rents shall be prorated as of such termination date.
Tenant's Election to Terminate. In case of any significant damage ------------------------------ or destruction mentioned in this Article which Landlord is required or undertakes to repair as provided herein, Tenant may terminate this Lease Agreement by written notice to Landlord any time prior to completion of the required repairs if Landlord has not restored and rebuilt the premises (exclusive of any property of Tenant or improvements installed by Tenant located therein) to substantially the same condition as existed immediately prior to such damage or destruction within one hundred twenty (120) days after notice to Landlord of the occurrence of such damage or destruction, or such longer period as Landlord has estimated pursuant to Section 10.01, plus such additional period thereafter (not exceeding six months) as shall equal the aggregate period Landlord may have been delayed in doing so by acts of God, adjustment of insurance, labor trouble, governmental controls, unavailability of materials, or any other cause beyond Landlord's reasonable control.
Tenant's Election to Terminate. If the Building or the Demised Premises is destroyed or damaged by fire or other casualty such that Tenant is deprived of access to the Demised Premises or the use and occupancy thereof and a reputable contractor or architect designated by Landlord estimates in a notice provided to Tenant by Landlord within 90 days after the casualty that the Building or the Demised Premises is damaged to such an extent that Tenant will be deprived of access to the Demised Premises or use and occupancy of the Demised Premises for a period in excess of 90 days, then Tenant may terminate this Lease by giving Landlord notice within 60 days after delivery of such contractor's or architect's estimate, whereupon this Lease shall terminate as of the date of the casualty. If the Building or the Demised Premises is destroyed or damaged by fire or other casualty and the said architect or contractor has estimated (in a notice delivered to Tenant pursuant to the previous sentence) that Tenant will be deprived of access to the Demised Premises or use and occupancy of the Demised Premises for a period of 90 days or less, but the Demised Premises and access thereto and the use and occupancy thereof are not actually restored within 90 days from the date that Tenant is first deprived of such access or use and occupancy due to such casualty (the "Outside Date"), Tenant may terminate this Lease by giving Landlord notice within 60 days after the Outside Date.
Tenant's Election to Terminate. In the event any casualty damage occurs to the Leased Premises to the extent of fifty (50%) percent or more of replacement value and such damage either (i) occurs during the last three (3) years of the Lease Term or (ii) will take more than one hundred eighty (180) days to repair, then Tenant shall be entitled to terminate this Lease by giving Landlord written notice of such election within sixty (60) days from the date of the casualty.
Tenant's Election to Terminate. Tenant may terminate this Lease by providing written notice thereof to Landlord within sixty (60) days after the date of discovery of the damage, such notice to include a termination date giving Tenant not more than sixty (60) days following such notice in which to vacate the Leased Premises, only if all of the following are true: (i) the damage was not caused by the negligence or intentional act of Tenant or any related persons or entities, and their respective officers, agents, servants, employees, and independent contractors; (ii) Tenant is not then in default under this Lease beyond applicable cure periods; (iii) as a result of the damage, Tenant cannot reasonably conduct business from the Leased Premises; and (iv) in Landlord's reasonable judgment, repairs cannot reasonably be completed within three hundred sixty-five (365) consecutive calendar days after the date of discovery of the damage (when such repairs are made promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this article, without the payment of overtime or other premiums).
Tenant's Election to Terminate. If (a) the Building or the Premises is destroyed by fire or other casualty or the Building or the Premises is damaged to such an extent that Landlord reasonably estimates that Tenant would not be able to conduct its business in the Premises for a period exceeding the lesser of (i) eighteen (18) months from the date of the casualty or (ii) the then remaining portion of the Lease Term, or (b) the remaining portion of the Lease Term at the time of a fire or casualty is less than twelve (12) months and Landlord reasonably estimates that the time necessary to make the Premises tenantable would exceed six (6) months, Landlord shall notify Tenant thereof, and Tenant may terminate this Lease by giving Landlord notice within thirty (30) days after such notice from Landlord. This Lease shall terminate on the thirtieth (30th) day after the date that such termination notice from Tenant is given, and the Rents shall be prorated as of such termination date.
