Common use of Tenant's Right of Termination Clause in Contracts

Tenant's Right of Termination. (a) Within thirty (30) days after notice to Landlord of any damage described in Section 12.01 hereof, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth such architect's estimate (the "Estimate") as to the time required to repair such damage, exclusive of time required to repair any Tenant's Alterations. If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Premises are totally damaged by casualty, Tenant may elect to terminate this Lease by notice to Landlord not later than ninety (90) days following receipt of the Estimate or the date of such casualty, as applicable. If Tenant makes such election, the Term shall expire upon the thirtieth (30th) day after notice of such election is given by Tenant, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 18 hereof. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or is not entitled to terminate this Lease pursuant to this Article 12), the damage shall be diligently repaired by and at the expense of Landlord as, and to the extent, required by Section 12.01(a) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve (12) months and, thereafter, Landlord fails to substantially complete such repairs within such twelve (12) month period, Tenant may terminate this Lease by notice to Landlord within thirty (30) days following the expiration of the twelve (12) month period. (b) Notwithstanding the foregoing, if such damage occurs during the last twelve (12) months of the Term of this Lease and if the estimated time period set forth in the Estimate delivered pursuant to Section 12.02(a) above exceeds ninety (90) days from the date of the Estimate (exclusive of time required to repair any Tenant's Alterations), then Tenant or Landlord may serve notice on the other of its intention to terminate this Lease, and this Lease shall terminate on the date which is thirty (30) days after the date of Tenant's or Landlord's notice, as applicable, as if such termination date were the Expiration Date, and any prepaid portion of Fixed Rent and Additional Rent shall be abated as of such date of damage or destruction and shall be promptly refunded by Landlord to Tenant.

Tenant's Right of Termination. If (a) Within thirty the Building is damaged by fire or other casualty or (30b) part of the Premises is taken by any exercise of the right of eminent domain but such taking does not render the Premises unusable for Tenant's purposes, and this Lease is not terminated pursuant to Section 12.1, Landlord shall thereafter use reasonable efforts to restore the Building (excluding any Alterations made by Tenant but including restoration of Tenant's Work, exclusive of Tenant's Removable Property, but only to the extent the same are covered by Landlord's property damage insurance required pursuant to Section 11.3 herein) to proper condition for Tenant's use and occupation, provided that Landlord's obligation shall be limited to the amount of insurance and eminent domain proceeds available therefor. If, for any reason, such restoration shall not be substantially completed within two hundred seventy (270) days after notice the expiration of the 30-day period referred to Landlord of any damage described in Section 12.01 hereof, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth 11.1 (which six-month period may be extended for such architect's estimate (the "Estimate") as to the time required to repair such damage, exclusive periods of time required as Landlord is prevented from proceeding with or completing such restoration due to repair any Tenant's Alterations. If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Premises are totally damaged by casualtyForce Majeure, but in no event for more than an additional three months), Tenant may elect shall have the right to terminate this Lease by notice to Landlord not later than ninety (90) days following receipt of the Estimate or the date of such casualty, as applicable. If Tenant makes such election, the Term shall expire upon the thirtieth (30th) day after notice of such election is given by Tenant, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 18 hereof. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or is not entitled to terminate this Lease pursuant to this Article 12), the damage shall be diligently repaired by and at the expense of Landlord as, and to the extent, required by Section 12.01(a) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve (12) months and, thereafter, Landlord fails to substantially complete such repairs within such twelve (12) month period, Tenant may terminate this Lease by giving notice to Landlord within thirty (30) days following after the expiration of the twelve such period (12as so extended) month provided that such restoration is not completed within such period. (b) Notwithstanding the foregoing, if such damage occurs during the last twelve (12) months of the Term of this . This Lease shall cease and if the estimated time period set forth in the Estimate delivered pursuant come to Section 12.02(a) above exceeds ninety (90) days from the date of the Estimate (exclusive of time required to repair any Tenant's Alterations), then Tenant an end without further liability or Landlord may serve notice obligation on the other part of its intention to terminate this Lease, and this Lease shall terminate on the date which is either party thirty (30) days after the date such giving of notice unless, within such thirty-day period, Landlord substantially completes such restoration. Such right of termination shall be Tenant's sole and exclusive remedy at law or in equity for Landlord's notice, as applicable, as if failure so to complete such termination date were the Expiration Daterestoration, and any prepaid portion of Fixed Rent and Additional Rent time shall be abated as of such date of damage or destruction and shall be promptly refunded by Landlord to Tenantthe essence with respect thereto.

Tenant's Right of Termination. (ai) Within thirty In the event the Demised Premises is damaged by fire or other casualty, and the Estimate provides that the Estimated Restoration Date is more than three hundred (30300) days after notice to Landlord of any damage described in Section 12.01 hereof, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth such architect's estimate (the "Estimate") as to the time required to repair such damage, exclusive of time required to repair any Tenant's Alterations. If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Premises are totally damaged by casualtydamage, Tenant may elect to terminate this Lease by notice to Landlord not later than ninety (90) days following receipt of the Estimate or the date of such casualty, as applicable. If Tenant makes such election, the Term shall expire upon the thirtieth (30th) day after notice of such election is given by Tenant, and then Tenant shall vacate have the Premises and surrender the same to Landlord in accordance with the provisions of Article 18 hereof. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or is not entitled to terminate this Lease pursuant to this Article 12)right, the damage shall be diligently repaired exercisable by and at the expense of Landlord as, and to the extent, required by Section 12.01(a) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve (12) months and, thereafter, Landlord fails to substantially complete such repairs within such twelve (12) month period, Tenant may terminate this Lease by written notice to Landlord within thirty (30) days following after the expiration date of its receipt of the twelve Repair Estimate Notice, to terminate this Lease. In the event Tenant timely delivers such notice of termination to Landlord, then this Lease shall terminate and the parties shall be released of all further liability hereunder. In the event Tenant fails to timely exercise such termination right, Tenant shall be deemed to have irrevocably waived its right under this Section 20(d) (12ii) month periodto terminate this Lease on account of such damage. (bii) Notwithstanding Until the foregoingwork to restore the Demised Premises is Substantially Completed, if such damage occurs during Landlord shall provide to Tenant with a notice (each a “Restoration Notice”) from Landlord’s architect each month certifying as to the last twelve (12) months status of the Term of this Lease restoration and if whether the estimated time period set forth in restoration shall be Substantially Completed with the Estimate delivered pursuant aforementioned three hundred (300) day period. If a Restoration Notice indicates that the Estimated Restoration Date with respect to Section 12.02(a) above exceeds ninety the Demised Premises shall be more than three hundred (90300) days from following the date of the Estimate (exclusive of time required to repair any Tenant's Alterations)casualty, then Tenant or may terminate this Lease upon written notice to Landlord may serve notice on the other given within thirty (30) days following receipt of its intention such Restoration Notice. The failure of Tenant to elect to terminate this Lease, and Lease following receipt of a Restoration Notice indicating that the Estimated Restoration Date shall be more than three hundred (300) days following the date of the casualty shall not serve as a waiver of Tenant’s right to terminate this Lease if a subsequent Restoration Notice indicates that the Estimated Restoration Date shall terminate on be more than three hundred (300) days following the date which is of the casualty. In the event that Tenant timely delivers such notice of termination to Landlord, then, unless Landlord, within thirty (30) days after the date its receipt of Tenant's or Landlord's such termination notice, as applicabledelivers the Demised Premises to Tenant in substantially the same condition (excluding Tenant’s fixtures, as if equipment and furnishings) that existed immediately prior to such damage, then this Lease shall terminate and the parties shall be relieved of all further liability hereunder. In the event Tenant fails to timely exercise such termination date were the Expiration Dateright, and any prepaid portion of Fixed Rent and Additional Rent Tenant shall be abated as deemed to have irrevocably waived its right to terminate this Lease on account of such date of damage or destruction and shall be promptly refunded by Landlord to Tenantdamage.

Tenant's Right of Termination. If, (a) Within thirty (30) days after notice to Landlord of any damage described in Section 12.01 hereof, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth such architect's estimate (the "Estimate") as to the time required to repair such damage, exclusive of time required to repair any Tenant's Alterations. If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Premises are totally damaged by casualty, Tenant may elect to terminate this Lease by notice to Landlord not later than ninety (90) days following receipt of the Estimate or the date of such casualty, as applicable. If Tenant makes such election, the Term shall expire upon the thirtieth (30th) day after notice of such election is given by Tenant, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 18 hereof. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or is not entitled to terminate this Lease pursuant to this Article 12), the damage shall be diligently repaired by and at the expense of Landlord as, and to the extent, required by Section 12.01(a) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve (12) months and, thereafter, Landlord fails to substantially complete such repairs within such twelve (12) month period, Tenant may terminate this Lease by notice to Landlord within thirty (30) days following the expiration of the twelve (12) month period. (b) Notwithstanding the foregoing, if such damage occurs during the last twelve (12) months of the Term Term, the Premises are damaged by fire or casualty and Tenant has not exercised the Option to Extend set forth in Section 13.13 of this Lease and if the estimated amount of time period normally required in the ordinary course to perform and substantially complete restoration of the damage in question, as set forth in the Estimate delivered (as said term is hereinafter defined), exceeds sixty (60) days, or (b) the Premises are materially damaged by fire or casualty at any other time during the Term and if the amount of time normally required in the ordinary course to perform and substantially complete restoration of the damage in question as set forth in the Estimate exceeds one hundred eighty (180) days, then, in either case set forth in clauses (a) and (b) of Section 10.2.1, Tenant shall have the right to terminate the Lease, effective as of the date set forth in Tenant's Termination Notice (as said term is hereinafter defined), such right to be exercise, if at all, by written notice (the "Tenant's Termination Notice") to Landlord within fifteen (15) days after Tenant's receipt of the Estimate. Failure to exercise such right of termination by Tenant within such fifteen (15) day period, time being of the essence, shall constitute a waiver of any right of Tenant to terminate on account of the applicable fire or casualty. Any termination of this Lease by Tenant pursuant to this Section 12.02(a10.2.1 shall have the same force and effect as if such date were the date originally established as the Expiration Date of this Lease. Landlord shall cause a contractor selected by it to make a written estimate (the "Estimate") above exceeds ninety of the amount of time normally required in the ordinary course to perform and substantially complete restoration of the damage to the Premises in question caused by any fire or casualty and a copy of such Estimate shall be furnished to both Landlord and Tenant within sixty (9060) days from after the applicable fire or casualty. If Tenant does not receive the Estimate within such sixty (60) day period, Tenant may deliver to Landlord a written request for the Estimate. If, on or before the date of (the "Estimate (exclusive of time required to repair any Tenant's Alterations), then Tenant or Landlord may serve notice on the other of its intention to terminate this Lease, and this Lease shall terminate on the date Date") which is thirty (30) days after the date delivery of Tenant's or such written request to Landlord's notice, as applicableTenant has not received the Estimate from Landlord, as Tenant may terminate this Lease by written notice to Landlord within ten (10) days after the Estimate Date and such termination, if such termination date were the Expiration Datetimely given, and any prepaid portion of Fixed Rent and Additional Rent shall be abated as deemed a termination of such date of damage or destruction and shall be promptly refunded by Landlord this Lease pursuant to TenantSection 10.2.1.

Tenant's Right of Termination. (a) Within thirty (30) days after notice to Landlord of any damage described in Section 12.01 hereof, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth such architect's ’s estimate (the "“Estimate"”) as to the time required to repair such damage, exclusive of time required to repair any Tenant's ’s Alterations. If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Premises are totally damaged by casualtyEstimate, Tenant may elect to terminate this Lease by notice to Landlord not later than ninety thirty (9030) days following receipt of the Estimate or the date of such casualty, as applicableEstimate. If Tenant Xxxxxx makes such election, the Term shall expire upon the thirtieth (30th) day after notice of such election is given by TenantXxxxxx, and Tenant shall vacate the Premises and surrender ​ the same to Landlord in accordance with the provisions of Article 18 hereof. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or is not entitled to terminate this Lease pursuant to this Article 12), the damage shall be diligently repaired by and at the expense of Landlord as, and to the extent, required by Section 12.01(a) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve (12) months and, thereafter, Landlord fails to substantially complete such repairs within such twelve (12) month period, Tenant may terminate this Lease by notice to Landlord within thirty (30) days following the expiration of the twelve (12) month period. (b) Notwithstanding the foregoing, if such damage occurs during the last twelve eighteen (1218) months of the Term of this Lease and if the estimated time period set forth in the Estimate delivered pursuant to Section 12.02(a) above exceeds ninety one hundred eighty (90180) days from the date of the Estimate (exclusive of time required to repair any Tenant's ’s Alterations), then Tenant or Landlord may serve notice on the other of its intention to terminate this Lease, and this Lease shall terminate on the date which is thirty (30) days after the date of Tenant's ’s or Landlord's ’s notice, as applicable, as if such termination date were the Expiration Date, and any prepaid portion of Fixed Rent and Additional Rent shall be abated as of such date of damage or destruction and shall be promptly refunded by Landlord to Tenant.

Tenant's Right of Termination. (a) Within thirty sixty (3060) days after notice to Landlord of any damage described in Section 12.01 hereof15.1 herein, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth such architect's Landlord’s good faith estimate (the "“Estimate"”) as to the time required to repair such damage, exclusive of time required to repair any Tenant's Alterationsperform Long Lead Work. If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Premises are totally damaged by casualtyEstimate, Tenant may elect to terminate this Lease by notice to Landlord not later than ninety thirty (9030) days following receipt of the Estimate or the date of such casualty, as applicableEstimate. If Tenant makes such election, the Term shall expire upon the thirtieth (30th) 30th day after notice of such election is given by Tenant, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 18 hereof21 (provided, that such obligation shall be subject to Tenant being reasonably and safely able to access the Premises for purposes of complying with such obligations in light of the casualty) and any prepaid portion of Rent shall be abated as of such date of damage or destruction and shall be refunded by Landlord to Tenant. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or is not entitled to terminate this Lease pursuant to this Article 12Article), the damage shall be diligently repaired by and at the expense of Landlord asLandlord, and to the extentas set forth in this Article provided, required by Section 12.01(a) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve (12) months and, thereafter, that if Landlord fails to substantially complete such repairs within such twelve (12) month periodthe repair on or prior to the 30th day after the expiration of the repair period set forth in the Estimate, then Tenant may shall have an additional right to terminate this Lease by notice to Landlord within thirty (30) days following and the expiration of Term shall expire upon the twelve (12) month period30th day after such notice. (b) Notwithstanding the foregoing, if such damage occurs during the last twelve (12) months Lease Year of the Term of this Lease (and Tenant has not provided Landlord with an Extension Notice) and if the estimated time period set forth in the Estimate delivered pursuant to Section 12.02(asubsection 15.2(a) above exceeds ninety (90) 180 days from the date of the Estimate (exclusive of time required to repair any Tenant's Alterationsperform Long Lead Work), then Tenant or may give notice to Landlord may serve notice on the other of its intention to terminate this Lease, and this Lease if Tenant makes such election, the Term shall terminate on expire upon the date which 30th day after notice of such election is thirty given by Tenant, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 21 below (30) days after provided, that such obligation shall be subject to Tenant being reasonably and safely able to access the date Premises for purposes of Tenant's or Landlord's notice, as applicable, as if complying with such termination date were obligations in light of the Expiration Datecasualty), and any prepaid portion of Fixed Rent and Additional Rent shall be abated as of such date of damage or destruction and shall be promptly refunded by Landlord to Tenant. (c) For purposes of this Lease, the term “Long Lead Work” shall mean any item which is not a stock item and must be specially manufactured, fabricated or installed or is of such an unusual, delicate or fragile nature that there is a substantial risk that: (i) there will be a delay in its manufacture, fabrication, delivery or installation, or (ii) after delivery, such item will need to be reshipped or redelivered or repaired so that in Landlord’s reasonable judgment the item in question cannot be completed when the standard items are completed even though the item of Long Lead Work in question is (x) ordered together with the other items required and (y) installed or performed (after the manufacturer or fabrication thereof) in the order and sequence that such Long Lead Work and other items are normally installed or performed in accordance with good construction practice. In addition, Long Lead Work shall include any standard item which in accordance with good construction practice should be completed after the completion of any item of work in the nature of the items described in the immediately preceding sentence.

Tenant's Right of Termination. (ai) Within thirty (30) days after notice to Landlord of any damage described in Section 12.01 hereof, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth such architect's estimate (In the "Estimate") as to event the time required to repair such damage, exclusive of time required to repair any Tenant's Alterations. If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Demised Premises are totally is damaged by fire or other casualty, such damage is not caused by the intentional acts of Tenant may elect to terminate this Lease by notice to Landlord not later than ninety (90) days following receipt of the Estimate or the date of such casualtyits employees, as applicable. If Tenant makes such election, the Term shall expire upon the thirtieth (30th) day after notice of such election is given by Tenantcontractors or agents, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 18 hereof. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or such damage is not entitled to terminate this Lease pursuant to this Article 12), the damage shall be diligently capable of being repaired by and at the expense of Landlord as, and to the extent, required by Section 12.01(a) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve within three hundred (12) months and, thereafter, Landlord fails to substantially complete such repairs within such twelve (12) month period, Tenant may terminate this Lease by notice to Landlord within thirty (30) days following the expiration of the twelve (12) month period. (b) Notwithstanding the foregoing, if such damage occurs during the last twelve (12) months of the Term of this Lease and if the estimated time period set forth in the Estimate delivered pursuant to Section 12.02(a) above exceeds ninety (90) days from the date of the Estimate (exclusive of time required to repair any Tenant's Alterations), then Tenant or Landlord may serve notice on the other of its intention to terminate this Lease, and this Lease shall terminate on the date which is thirty (30300) days after the date of Tenant's or the damage, then, within ninety (90) days after the date of the casualty, Landlord shall deliver a written notice (the “Repair Estimate Notice”) to Tenant which advises Tenant that the Demised Premises cannot be repaired within three hundred (300) days after the date of the damage. Tenant shall have the right, exercisable by written notice to Landlord within twenty (20) days after the date of its receipt of the Repair Estimate Notice, to terminate this Lease. In the event Tenant timely delivers such notice of termination to Landlord's notice, as applicable, as if then this Lease shall terminate and the parties shall be released of all further liability hereunder. In the event Tenant fails to timely exercise such termination date were right, Tenant shall be deemed to have irrevocably waived its right to terminate this Lease on account of such damage. (ii) In the Expiration Dateevent the Demised Premises is damaged by fire or other casualty, such damage is not caused by the intentional acts of Tenant or its employees, contractors or agents, and any prepaid portion such damage is not repaired within three hundred (300) days after the date of Fixed Rent the damage, then Tenant shall have the right, exercisable upon written notice to Landlord within twenty (20) days after the expiration of such three hundred (300) day period, to terminate this Lease. In the event that Tenant timely delivers such notice of termination to Landlord, then this Lease shall terminate and Additional Rent the parties shall be abated as relieved of all further liability hereunder. In the event Tenant fails to timely exercise such termination right, Tenant shall be deemed to have irrevocably waived its right to terminate this Lease on account of such date of damage or destruction and shall be promptly refunded by Landlord to Tenantdamage.

Tenant's Right of Termination. (a) Within thirty sixty (3060) days after notice to Landlord of any damage described in Section 12.01 hereof15.1 herein, Landlord shall deliver to Tenant a statement prepared by a licensed, independent architect setting forth such architect's Landlord’s good faith estimate (the "“Estimate"”) as to the time required to repair such damage, exclusive of time required to repair any Tenant's Alterations. perform Long Lead Work, If the estimated time period exceeds twelve (12) months from the date of the Estimate or if the 50 Premises are totally damaged by casualtyEstimate, Tenant may elect to terminate this Lease by notice to Landlord not later than ninety thirty (9030) days following receipt of the Estimate or the date of such casualtyEstimate, as applicable. If Tenant makes such election, the Term shall expire upon the thirtieth (30th) day after notice of such election is given by Tenant, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 18 hereof21 (provided, that such obligation shall be subject to Tenant being reasonably and safely able to access the Premises for purposes of complying with such obligations in light of the casualty) and any prepaid portion of Rent shall be abated as of such date of damage or destruction and shall be refunded by Landlord to Tenant. If Tenant shall not have elected to terminate this Lease pursuant to this Article 12 (or is not entitled to terminate this Lease pursuant to this Article 12Article), the damage (including the damage to the Tenant Improvements and Alterations provided that Landlord receives the proceeds of Tenant’s insurance covering such Tenant Improvements and Alterations) shall be diligently repaired by and at the expense of Landlord asLandlord, and to the extentas set forth in this Article provided, required by Section 12.01(athat (i) above, subject to Unavoidable Delays. If the estimated period of repair does not exceed twelve (12) months and, thereafter, if Landlord fails to substantially complete such repairs within such twelve the repair on or prior to the thirtieth (1230th) month periodday after the expiration of the repair period set forth in the Estimate, then Tenant may (but shall not be obligated to) exercise Tenant’s self-help rights in accordance with the provisions of Section 19.2 to perform such repair for Landlord’s account, or (ii) if Landlord fails to substantially complete the repair on or prior to the sixtieth (60th) day after the expiration of the repair period set forth in the Estimate, then Tenant may (but shall not be obligated to) terminate this Lease by notice to Landlord; provided, Tenant may not terminate this Lease if on such sixtieth (60th) day Landlord within thirty (30) days following the expiration has substantially completed such repairs and is diligently pursuing completion thereof and Tenant’s use of the twelve (12) month periodPremises is not materially impaired thereby. (b) Notwithstanding the foregoing, if such damage occurs during the last twelve two (122) months Lease Years of the Term of this Lease and if the estimated time period set forth in the Estimate delivered pursuant to Section 12.02(asubsection (a) above exceeds ninety one hundred eighty (90180) days from the date of the Estimate (exclusive of time required to repair any Tenant's Alterationsperform Long Lead Work), then Tenant or may give notice to Landlord may serve notice on the other of its intention to terminate this Lease, and this Lease if Tenant makes such election, the Term shall terminate on expire upon the date which 30th day after notice of such election is thirty given by Tenant, and Tenant shall vacate the Premises and surrender the same to Landlord in accordance with the provisions of Article 21 below (30) days after provided, that such obligation shall be subject to Tenant being reasonably and safely able to access the date Premises for purposes of Tenant's or Landlord's notice, as applicable, as if complying with such termination date were obligations in light of the Expiration Datecasualty), and any prepaid portion of Fixed Rent and Additional Rent shall be abated as of such date of damage or destruction and shall be promptly refunded by Landlord to Tenant.