Common use of Tenant’s Termination Election Clause in Contracts

Tenant’s Termination Election. Unless the Landlord has earlier advised the Tenant of the Landlord's election to terminate this Lease pursuant to Section 8.2, or to restore the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant will take no more than nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the Tenant shall be entitled, within five (5) business days after the expiration of such ten (10) day period, or receipt of notice of such period of restoration, as applicable, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine (9) months from the date of the casualty or taking, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking), the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine-month (as extended) period until the restoration is substantially completed, such termination to take effect as of the date of the Casualty or Taking.

Tenant’s Termination Election. Unless If, based upon the Landlord has earlier advised Contractor’s Estimate, the Tenant of the Landlord's election to terminate this Lease pursuant to Section 8.2, or to restore the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant time period for repairing any casualty damage will take no more than exceed nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1after the date of any casualty, then the Tenant shall have the right right, exercisable by written notice given on or before the date thirty (30) days after the Landlord gives to the Tenant the Contractor’s Estimate, to terminate this Lease. If neither the Landlord nor the Tenant exercise their termination rights, but the Landlord has failed to restore the Building within the sixty (60) days following the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the Tenant shall be entitled, within five (5) business days after the expiration of such ten (10) day period, or receipt of notice of such period of restoration, as applicable, to give notice to restoration set forth in the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine (9) months from the date of the casualty or takingContractor’s Estimate, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (or delays caused by Tenant but in no event beyond nine an additional two (92) months from the date of the casualty or takingextension for External Causes), the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine-month period (in either case, as extendedextended by delay due to External Causes or Tenant caused delays as aforesaid) period until the restoration is substantially completed, such termination to take effect as thirty (30) days following Landlord’s receipt of Tenant’s notice unless such restoration is completed prior to such termination date. However, if the Landlord has been diligently prosecuting the repair of all casualty and damage, and if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or other design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes as aforesaid). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the Casualty or Takingstatus of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.

Tenant’s Termination Election. Unless If the Landlord has earlier advised the Tenant of the Landlord's election to terminate not terminated this Lease pursuant to under Section 8.2, or to restore but the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant will take no more than nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the Tenant shall be entitled, within five (5) business days after the expiration of such ten (10) day period, or receipt of notice of such period of restoration, as applicable, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts failed to restore the Premises, unless such restoration is completed within nine twelve (912) months from the date of the casualty casualty, or takingfailed to restore the Garage sufficiently to enable the Tenant to exercise its parking privileges therein within twenty four (24) months from the date of the casualty, such period periods to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking)Causes, then the Tenant shall have the right to terminate this Lease at any time after the expiration of such ninethe aforesaid 12-month or 24-month period (as extended) period extended by delay due to External Causes), as the case may be, until the restoration is substantially completed, such termination to take effect as of the date of the Casualty Tenant's notice. However, if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or Takingother design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to the Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then if such later date is ninety (90) days or less after the deadline date, the Tenant may terminate this Lease within ten (10) days of the Landlord's notice as aforesaid, or if such later date is greater than ninety (90) days after the deadline date, the Tenant may terminate this Lease within thirty (30) days of the Landlord's notice as aforesaid, failing which the deadline date shall be extended to the date set forth in the Landlord's notice (as extended by delay due to External Causes). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work. If the Garage, or any portion thereof, shall be damaged by fire or casualty so as to render one or more of the Tenant's parking spaces therein impossible or impracticable to use in the Landlord's reasonable determination, then the Landlord shall designate, if available to the Landlord and promptly following the occurrence of any such fire or casualty, any temporary alternative parking within University Park that may be used for the parking of the automobiles of the employees and invitees of the Tenant. All such alternative parking shall be allocated proportionately among all tenants, including the Tenant, then currently leasing parking spaces within the Garage. The Tenant shall pay the market rate from time to time in effect for such alternative parking facilities. In the event the Landlord is unable to secure for the Tenant such temporary alternative parking so that the aggregate number of parking spaces shall equal the number to which Tenant is entitled under Exhibit A, then the Tenant may be entitled to the credit against Annual Fixed Rent as provided below in Section 8.6.

Tenant’s Termination Election. Unless After any casualty which materially impairs the use of a material portion of the Premises, unless the Landlord has earlier advised the Tenant of the Landlord's ’s election to terminate this Lease pursuant to Section 8.2, or to restore the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant will take no more than nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right right, after the expiration of the ninety (90) days after any casualty which materially impairs a material portion of the Premises day period provided in Section 8.2 above, to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the Tenant shall be entitled, within five (5) business days after at any time until the expiration of Landlord has given notice to the Tenant waiving such ten (10) day period, or receipt of notice of such period of restoration, as applicabletermination right, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine two (92) months from following the date estimated by Landlord for restoration completion in a written notice to Tenant delivered within ninety (90) days following the date of the casualty or takingcasualty, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine not to exceed an additional two (92) months from the date on account of the casualty such External Causes) or taking)due to any act, failure to act or neglect of Tenant or Tenant’s servants, agents, employees or licensees, the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine-month (as extended) period until the restoration is substantially completed, such termination to take effect as of the date of the Casualty Tenant’s notice. Tenant shall be solely responsible for (A) the amount of any deductible under the policy insuring Tenant’s improvements and betterments and (B) the amount, if any, by which the cost of repairing and restoring Tenant’s improvements and betterments exceeds the available insurance proceeds therefor. Except as expressly provided in this Article VIII, Tenant shall not be entitled to terminate this Lease and Landlord shall have no liability to Tenant for inconvenience, loss of business or Taking.annoyance arising from any repair or restoration of any portion of the Premises or of the Building pursuant to this Article VIII. ACTIVE/103568117.9

Tenant’s Termination Election. Unless If the Landlord has earlier advised the Tenant of the Landlord's election to terminate not terminated this Lease pursuant to under Section 8.2, or to restore but the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant will take no more than nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the Tenant shall be entitled, within five (5) business days after the expiration of such ten (10) day period, or receipt of notice of such period of restoration, as applicable, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts failed to restore the Premises, unless such restoration is completed within nine twelve (912) months from the date of the casualty or taking, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking)Causes, the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine12-month period (as extended) period extended by delay due to External Causes), as the case may be, until the restoration is substantially completed, such termination to take effect as of the date of the Casualty Tenant’s notice. However, if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or Takingother design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within ten (10) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.

Tenant’s Termination Election. Unless the Landlord has earlier advised the Tenant If ten percent (10%) of the Landlord's election to terminate this Lease pursuant to Section 8.2, or to restore the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant will take no more than nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material that portion of the Premises devoted to give a written notice to the Landlord requiring the Landlord within ten laboratory uses or twenty-five percent (1025%) days thereafter to exercise or waive any right of that portion of the Landlord Premises devoted to terminate this Lease pursuant to Section 8.2 as a result of such office uses is damaged by fire or casualty and if any restoration thereof will, in Landlord's reasonable judgment based upon an independent architect's certification (the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the Tenant reasonability of which certification shall be entitled, subject to Dispute Resolution requested within five (5) business days after of Landlord's delivery thereof to Tenant) (i) once commenced, take longer than one hundred eighty (180) days to complete or (ii) cannot, with due diligence, be completed within two hundred seventy (270) days of the expiration occurrence of the damage, then Landlord shall give notice to such ten effect to Tenant within sixty (1060) days of the occurrence of the fire or casualty and Tenant may elect, by notice given by Tenant to Landlord within thirty (30) days of Landlord's notice as aforesaid (together with such architect's certification), to terminate this Lease effective upon the delivery of Tenant's notice. Conversely, if in Landlord's reasonable judgment the restoration can be completed without exceeding the time thresholds referred to in clauses (i) and (ii) of this Section 8.3, then Landlord shall give notice to such effect to Tenant within sixty (60) days of the occurrence of the fire or casualty together with an independent architect's certification substantiating the time frame for the restoration which Landlord contemplates. The reasonability of this certification shall be subject to Dispute Resolution requested within five (5) business days of Landlord's delivery thereof to Tenant. If following commencement of the restoration, the restoration is not completed within the one hundred eighty (180) day period referred to above, or the two hundred seventy (270) day period, or receipt of notice of such period of restoration, as applicable, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine (9) months from the date of the casualty or taking, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking), the then Tenant shall have the right to may terminate this Lease at any time after thereafter upon thirty (30) days prior written notice to Landlord provided that if Landlord shall have completed the restoration of the Premises before the expiration of such nine-month thirty (as extended30) period until the restoration is substantially completedday period, such Tenant's notice of termination to take effect as shall be deemed void and of the date of the Casualty or Takingno effect.

Tenant’s Termination Election. Unless the Landlord has earlier advised the Tenant of the Landlord's ’s election to terminate this Lease pursuant to Section 8.2, or to restore the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant will take no more than nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the die Tenant shall be entitled, within five (5) business days after the expiration of such ten (10) day period, or receipt of notice of such period of restoration, as applicable, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts to restore the Premises, unless such restoration is completed within nine (9) months from the date of the casualty or taking, such period to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking), the Tenant shall have the right to terminate this Lease at any time after the expiration of such nine-month (as extended) period until the restoration is substantially completed, such termination to take effect as of the date of the Casualty or Taking.

Tenant’s Termination Election. Unless If the Landlord has earlier advised the Tenant of the Landlord's election to terminate not terminated this Lease pursuant to under Section 8.2, or to restore but the Premises (which restoration Landlord has reasonably estimated in written notice to Tenant will take no more than nine (9) months to complete) and maintain this Lease in effect pursuant to Section 8.1, the Tenant shall have the right after the expiration of ninety (90) days after any casualty which materially impairs a material portion of the Premises to give a written notice to the Landlord requiring the Landlord within ten (10) days thereafter to exercise or waive any right of the Landlord to terminate this Lease pursuant to Section 8.2 as a result of such casualty and if the Landlord fails to give timely notice to the Tenant waiving any right under Section 8.2 to terminate this Lease based on such casualty, or if such notice from Landlord indicates that restoration will require more than nine (9) months to complete, the Tenant shall be entitled, within five (5) business days after the expiration of such ten (10) day period, or receipt of notice of such period of restoration, as applicable, to give notice to the Landlord terminating this Lease. Where the Landlord is obligated to exercise reasonable efforts failed to restore the Premises, unless such restoration is completed within nine twelve (912) months from the date of the casualty casualty, or takingfailed to restore the Garage sufficiently to enable the Tenant to exercise its parking privileges therein within twenty four (24) months from the date of the casualty, such period periods to be subject, however, to extension where the delay in completion of such work is due to External Causes (but in no event beyond nine (9) months from the date of the casualty or taking)Causes, then the Tenant shall have the right to terminate this Lease at any time after the expiration of such ninethe aforesaid 12-month or 24-month period (as extended) period extended by delay due to External Causes), as the case may be, until the restoration is substantially completed, such termination to take effect as of the date of the Casualty Tenant’s notice. However, if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or Takingother design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to the Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then if such later date is ninety (90) days or less after the deadline date, the Tenant may terminate this Lease within ten (10) days of the Landlord’s notice as aforesaid, or if such later date is greater than ninety (90) days after the deadline date, the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in the Landlord’s notice (as extended by delay due to External Causes). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work. If the Garage, or any portion thereof, shall be damaged by fire or casualty so as to render one or more of the Tenant’s parking spaces therein impossible or impracticable to use in the Landlord’s reasonable determination, then the Landlord shall designate, if available to the Landlord and promptly following the occurrence of any such fire or casualty, any temporary alternative parking within University Park that may be used for the parking of the automobiles of the employees and invitees of the Tenant. All such alternative parking shall be allocated proportionately among all tenants, including the Tenant, then currently leasing parking spaces within the Garage. The Tenant shall pay the market rate from time to time in effect for such alternative parking facilities. In the event the Landlord is unable to secure for the Tenant such temporary alternative parking so that the aggregate number of parking spaces shall equal the number to which Tenant is entitled under Exhibit A, then the Tenant may be entitled to the credit against Annual Fixed Rent as provided below in Section 8.6.