Common use of Tenant’s Termination Rights Clause in Contracts

Tenant’s Termination Rights. If the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises (including, without limitation, the Building or Building Parking Facilities) is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected and if, in the reasonable opinion of Landlord's architect, given in writing to both parties within sixty (60) days after the Damage Date, the Demised Premises and such other portions of the Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Tenant may terminate this Lease by giving notice to Landlord within ninety (90) days after the Damage Date. In addition to the termination right granted to Tenant under the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen (14) months after the Damage Date, Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord on or before the earlier to occur of (i) the date which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract), the extension under this proviso shall not exceed an additional two (2) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for such repairs or restoration. In the event Tenant has the right in such circumstance to terminate this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architect.

Tenant’s Termination Rights. (a) If Landlord does not commence the Demised Premises are damaged or destroyed by Casualtyrepair and restoration work to the Premises, or if any portion of the Project other than the Demised Premises (includingCommon Area which, without limitationif not restored, the Building or Building Parking Facilities) is damaged by Casualty such that will materially adversely affect Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected and if, in the reasonable opinion of Landlord's architect, given in writing to both parties within sixty (60) days after the Damage Date, the Demised Premises and such other portions of the Project cannot be repaired or restored Premises for the normal conduct of its business, as required pursuant to this Article 18, by the condition in all material respects that existed prior to date (the Casualty within three hundred sixty-five "Repair Commencement Date") which is six (3656) days after months following the Damage Date, Tenant may terminate this Lease by giving notice to Landlord within ninety (90) days after the Damage Date. In addition to the termination right granted to Tenant under the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion date of the Project other than the Demised Premises is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affectedTaking, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen (14) months after the Damage Date, then Tenant shall have the right to terminate this Lease by giving delivering written notice thereof to Landlord on or before the earlier to occur of (i) the date Landlord, which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding notice shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors given within sixty (acting within the scope of their agency or contract), the extension under this proviso shall not exceed an additional two (2) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (36560) days after the Damage Repair Commencement Date but prior to the commencement of restoration work by Landlord. Such notice by Tenant shall set forth the effective date of termination, which date shall not be later than that date occurring thirty (30) days after the Repair Commencement Date. If Tenant timely and properly exercises its foregoing option to terminate this Lease, Landlord's architect Tenant shall specify vacate and deliver possession of the Premises to Landlord in its opinion accordance with the additional time reasonably required for such repairs or restorationprovisions of this Lease applicable thereto, whereafter neither party to this Lease shall have any further liability to the other accruing thereafter under this Lease. In The failure of Tenant to timely and properly exercise the event Tenant has the foregoing right in such circumstance to terminate this Lease shall result in the subject right to terminate being null and void. (b) If Landlord does not repair and restore the Premises, and that portion of the Common Area which, if not restored, will materially adversely affect Tenant's use of the Premises for the normal conduct of its business, as required pursuant to this Article 18, within eighteen (18) months following the preceding grammatical paragraphdate of the Taking (which eighteen (18) month period may be extended for up to six (6) months as a result of a Force Majeure Event or Tenant delay) (the "Repair Construction Date"), then Tenant shall have the right to terminate this Lease by delivering written notice to Landlord, which notice shall be given within sixty (60) days after the Repair Construction Date but prior to the substantial completion of the restoration work by Landlord. Such notice by Tenant does shall set forth the effective date of termination, which date shall not elect be later than that date occurring thirty (30) days after the Repair Construction Date. If Tenant timely and properly exercises its foregoing option to so terminate this Lease, Tenant shall vacate and deliver possession of the fourteen (14) Premises to Landlord in accordance with the provisions of this Lease applicable thereto, whereafter neither party to this Lease shall have any further liability to the other accruing thereafter under this Lease. The failure of Tenant to timely and sixteen (16)-month periods described properly exercise the foregoing right to terminate this Lease shall result in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architectsubject right to terminate being null and void."

Tenant’s Termination Rights. (a) If the Demised Premises or any portion thereof are damaged by fire or destroyed by Casualtyother casualty or taking, or if any portion Landlord shall notify Tenant (the "Damage Notice") in writing within thirty-seven (37) days of the Project other than occurrence of the Demised Premises damage as to whether (including, without limitation, i) the Building or Building Parking Facilities) repair of such damage is damaged by Casualty such that Tenant's use or enjoyment susceptible of or access to the Demised Premises or the Project is materially adversely affected and if, in the reasonable opinion of Landlord's architect, given in writing to both parties being substantially completed within sixty one hundred eighty (60180) days after the occurrence (Landlord hereby agreeing to submit to Tenant with the Damage DateNotice an engineering estimate as to the length of time necessary to substantially complete the repair of such damage, such estimated repair period being hereinafter referred to as the Demised Premises "Estimated Repair Period"), (ii) sufficient insurance proceeds or condemnation awards (together with other funds which Landlord may commit) will be available for the repair of such damage, and such (iii) in the case of damage by fire or other portions casualty (and not by taking), less than ninety percent (90%) of the Project cannot be repaired or restored to rentable area of the condition in all material respects that existed Premises existing immediately prior to the Casualty within three damage will be available for Tenant's use and occupation after the repair of such damage is completed. If (x) the damage to the Premises or any portion thereof shall materially adversely interfere with the conduct of Tenant's business in the Premises in the ordinary course as reasonably determined by Tenant, and the Estimated Repair Period is in excess of one hundred sixty-five eighty (365180) days after the occurrence of such damage, or (y) the Damage DateNotice states that there will not be sufficient insurance proceeds or condemnation awards (together with other funds which Landlord may commit) available for the repair of such damage, or (z) in the case of damage by fire or other casualty (and not by taking), the Damage Notice states that less than ninety percent (90%) of the rentable area of the Premises existing immediately prior to the damage will be available for Tenant's use and occupation after the repair of such damage is completed, then Tenant may, by written notice to Landlord within fifteen (15) days after the giving of the Damage Notice to Tenant, terminate this Lease as of the date of occurrence of such damage. If such damage can be repaired within one hundred eighty (180) days from the date of occurrence of the damage, this Lease is not terminated, and Landlord fails to substantially complete the repairs within such period without fault or neglect of Tenant or its agents, employees or contractors, then Tenant may terminate this Lease by giving written notice to Landlord within ninety Landlord, in which case this Lease shall terminate thirty (9030) days after the Damage Dategiving of such termination notice unless within such thirty (30) day period Landlord substantially completes said repairs. In addition to If the termination right granted to Tenant under Estimated Repair Period is in excess of one hundred eighty (180) days from the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion date of occurrence of the Project other than the Demised Premises damage, this Lease is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affectednot terminated, and if Landlord fails to substantially complete the Demised Premises and/or such portion repairs within the Estimated Repair Period without fault or neglect of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on Tenant or before the date which is fourteen (14) months after the Damage Dateits agents, employees or contractors, then Tenant shall have the right to may terminate this Lease by giving written notice thereof to Landlord on or before the earlier to occur of Landlord, in which case this Lease shall terminate thirty (i) the date which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract), the extension under this proviso shall not exceed an additional two (2) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (36530) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for giving of such repairs or restoration. In the event Tenant has the right in termination notice unless within such circumstance to terminate this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen thirty (1430) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architectday period Landlord substantially completes said repairs.

Tenant’s Termination Rights. If the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises (including, without limitation, the Building or Building Parking Facilities) is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected and if, in the reasonable opinion of Landlord's architect, given in writing to both parties within Within sixty (60) days after the Damage Date, the Demised Premises and such other portions date Landlord learns of the Project necessity for repairs as a result of damage, Landlord shall notify Tenant (“Damage Repair Estimate”) of Landlord’s estimated assessment of the period of time in which the repairs will be completed, which assessment shall be based upon the written opinion of a contractor reasonably selected by Landlord and experienced in comparable repairs of first class office buildings which notice shall include a copy of the contractor’s written estimate. If Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, and the Damage Repair Estimate indicates that repairs cannot be repaired or restored to completed within one hundred eighty (180) days after being commenced (the condition in all material respects that existed prior to the Casualty within three hundred sixty-five “Repair Period”), Tenant may elect, no earlier than sixty (36560) days after the date of Tenant’s receipt of the Damage DateRepair Estimate, to terminate this Lease by notice to Landlord, effective as of the date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after such notice. In addition, in the event that the Premises or the Building is destroyed or damaged to any substantial extent during the last twelve (12) months of the Term, then Tenant may shall have the option to terminate this Lease by giving notice to Landlord within ninety thirty (9030) days after the Damage Date. In addition to the termination right granted to Tenant under the preceding sentencesuch casualty, if the Demised Premises are damaged or destroyed by Casualty, or if any portion in which event this Lease shall cease and terminate as of the Project other than the Demised Premises is damaged by Casualty date of such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen (14) months after the Damage Date, notice. Tenant shall also have the right to terminate this Lease if Landlord does not complete repairs within the Repair Period by giving written thirty (30) days’ notice thereof to Landlord on or before the earlier to occur of (i) the date which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration expiration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may beRepair Period; provided, provided however, that if construction or reconstruction is delayed because of changesLandlord completes repair within such thirty (30) day period, deletions or additions in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding such termination shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract), the extension under this proviso shall not exceed an additional two (2) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for such repairs or restoration. In the event Tenant has the right in such circumstance to terminate nullified and this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen (14) shall continue in full force and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architecteffect.

Tenant’s Termination Rights. If Notwithstanding the Demised Premises are damaged foregoing, if Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above and (i) the Casualty affects twenty-five percent (25%) or destroyed by Casualty, or if any portion more of the Project other than the Demised Premises (including, without limitation, the Building or Building Parking Facilities) is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or (ii) Tenant cannot reasonably conduct business from the Project is materially adversely affected Premises for the Standard Permitted Use free of material hindrance and ifwithout taking extraordinary measures or incurring material expense, including by reason of loss of access or inability to use the Parking Garage, and either (a) the repairs cannot be completed within two hundred seventy (270) days after the date of the Casualty or (b) the damage occurs during the last twelve (12) months of the Lease Term, Tenant may elect, no earlier than sixty (60) days after receipt of Landlord’s Repair Estimate Notice and not later than ninety (90) days after receipt of Landlord’s Repair Estimate Notice, to terminate this Lease by written notice to Landlord effective as of the date specified in the reasonable opinion of Landlord's architectnotice, given in writing to both parties within which date shall not be less than thirty (30) days nor more than sixty (60) days after the Damage Datedate such notice is given by Tenant. At any time, from time to time, after the Demised Premises and such other portions of the Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five date occurring sixty (36560) days after the Damage Datedate of the damage, Tenant may terminate request that Landlord inform Tenant of Landlord’s reasonable opinion of the date of completion of the repairs and Landlord shall respond to such request within five (5) business days (“Landlord’s Repair Estimate Notice”). Furthermore, if neither Landlord nor Tenant has terminated this Lease by giving notice to Landlord Lease, and the repairs are not actually completed within ninety (90) days after following the Damage Date. In addition to the termination right granted to Tenant under the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion anticipated date of the Project other than the Demised Premises is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen (14) months after the Damage Datecompletion set forth in Landlord’s Repair Estimate Notice, Tenant shall have the right to terminate this Lease during the first ten (10) business days following the expiration of such ninety (90) day period, by giving written notice thereof to Landlord on or before (the earlier to occur “Damage Termination Notice”), effective as of (i) the a date which is sixteen (16) months after set forth in the Damage Termination Notice (the “Damage Termination Date, or (ii) the date that Landlord has substantially completed the restoration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract”), the extension under this proviso which Damage Termination Date shall not exceed an additional two be less than thirty (2) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (36530) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for and not more than sixty (60) days following delivery of such repairs or restoration. In the event Tenant has the right in such circumstance to terminate this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architectnotice.

Tenant’s Termination Rights. If the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises (including, without limitation, the Building or Building the Parking FacilitiesFacility) is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected and if, in the reasonable opinion of Landlord's architect, given in writing to both parties within sixty (60) days after the Damage Date, the Demised Premises and such other portions of the Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Tenant may terminate this Lease by giving notice to Landlord within ninety (90) days after the Damage Date. In addition to the termination right granted to Tenant under the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen (14) months after the Damage Date, Tenant shall will have the right to terminate this Lease by giving written notice thereof to Landlord on or before the earlier to occur of (i) the date which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, or because of Excusable Delaysdelays caused by force majeure, the fourteen (14) month period for restoration, repair or rebuilding shall will be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract), the extension under this proviso shall will not exceed an additional two (2) months. If Landlord's architect shall determine determines that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for such repairs or restoration. In the event Tenant has the right in such circumstance to terminate this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall will each be extended by such additional time so specified in the opinion of Landlord's architect.

Tenant’s Termination Rights. If the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises (including, without limitation, the Building or Building Parking Facilities) parking garage is damaged by Casualty such that Tenant's ’s use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected and if, in the reasonable opinion of Landlord's ’s architect, given in writing to both parties within sixty (60) days after the Damage Date, the Demised Premises and such other portions of the Project related improvements cannot be repaired or restored to substantially the condition in all material respects that existed prior to the Casualty within three hundred sixty-five one (3651) days year after the Damage Re-Construction Commencement Date, Tenant may terminate this Lease by giving notice to Landlord at any time within ninety (90) days after the Damage Date, which termination shall be effective as of the date of such notice. Further, in the event Tenant has not given notice to Landlord within ninety (90) days after the Damage Date of Tenant’s election to terminate the Lease, but the Re-Construction Commencement Date shall have not occurred on or before one hundred fifty (150) days after the Damage Date, then Tenant may terminate this Lease by giving notice to Landlord at any time within ten (10) days thereafter, which termination shall be effective as of the date of such notice. In addition to the termination right rights granted to Tenant under the preceding sentencetwo sentences, if the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises is related improvements are damaged by Casualty such that Tenant's ’s use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project related improvements are not materially substantially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen twelve (1412) months after the Re-Construction Commencement Date (but in no event later than seventeen (17) months after the Damage Date), Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord on or before the earlier within thirty (30) days thereafter, provided such notice is given prior to occur of (i) the date which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may berelated improvements; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, Tenant or because of Excusable Delaysmatters beyond the reasonable control of Landlord, the fourteen (14) month period such periods for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant Tenant, its members, partners, agents, contractors or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract)employees, the extension under this proviso shall not exceed an additional two sixty (260) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for such repairs or restoration. In the event Tenant has the right in such circumstance to terminate this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architectdays.

Tenant’s Termination Rights. If the Demised Premises are damaged destruction or destroyed by Casualty, or if any portion of the Project other than the Demised Premises (including, without limitation, the Building or Building Parking Facilities) is damaged by Casualty such that Tenant's use or enjoyment of or access damage to the Demised Premises or the Project is materially adversely affected and ifoccurs, in the reasonable opinion of Landlord's architect, given in writing to both parties within sixty (60) days after the Damage Date, the Demised Premises and such other portions of the Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, then Tenant may elect to terminate this Lease by giving Landlord notice of such election within thirty (30) days after Landlord’s period to terminate has expired (or after Landlord has delivered notice to Tenant of its intent to repair) if Landlord’s estimate of the time required to complete Landlord’s repair obligations under this Lease is greater than the Required Repair Period. As used herein, the term "Required Repair Period" means twelve (12) months following the event of destruction or damage unless such damage to or destruction of the Premises is, in whole or in part, the result of the negligent acts or omissions of Tenant’s Parties or their contractors performing construction, maintenance or repair work on the Building (except for those contractors approved by Landlord) in which event such period shall be four hundred and fifty (450) days from the event of such destruction or damage. If Tenant fails to deliver timely notice to Landlord within ninety (90) days after of its election to terminate this Lease pursuant to this Section 11(e), then Tenant’s rights to terminate this Lease as a result of such fire or other casualty shall be deemed to have been waived, other than Tenant’s right to terminate the Damage DateLease with respect to Landlord’s failure to complete the restoration by the Outside Restoration Date as provided below. In addition to the termination right granted to Tenant under the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion If Landlord commences restoration of the Project other than Premises and fails to restore the Demised Premises is damaged in accordance with Section 11(c) within the Required Repair Period, Landlord may, by Casualty notice to Tenant, extend its time to restore the Premises for an additional period equal to Landlord's initial estimate for such that Tenant's use or enjoyment restoration, but in no event in excess of or access 120 days plus the number of days of extension due to Excusable Delay (the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are “Outside Restoration Date”). If Landlord has not materially restored by Landlord to the extent required of Landlord hereunder completed its work in accordance with Section 11(c) on or before the Outside Restoration Date, then Tenant may, as its sole and exclusive remedy, elect in writing, within 30 days after the Outside Restoration Date but prior to completion of such work, to terminate this Lease effective as of a date which is fourteen (14) months 15 days after the Damage Datedate of Tenant’s termination notice provided such restoration is not completed within such 15 day period. Notwithstanding the foregoing, Tenant shall not have the right to terminate this Lease by giving written notice thereof pursuant to Landlord on Section 11(e) if the damage to or before the earlier to occur of (i) the date which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration destruction of the Demised Premises and any portion is, in whole or in part, the result of the intentional or willful misconduct of Tenant’s Parties or their contractors performing construction, maintenance or repair work on the Building required (except for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested those contractors approved by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contractLandlord), the extension under this proviso shall not exceed an additional two (2) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for such repairs or restoration. In the event Tenant has the right in such circumstance to terminate this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architect.

Tenant’s Termination Rights. If Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, and the Demised Premises are damaged Estimated Repair Completion Date is more than two hundred ten (210) days after the occurrence of such damage by fire or destroyed by Casualtyother casualty, or if any portion Tenant may elect, no later than sixty (60) days after receipt of the Project other than Landlord Repair Notice, to terminate this Lease by written notice to Landlord effective as of the Demised Premises (including, without limitation, the Building or Building Parking Facilities) is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected and if, date specified in the reasonable opinion of Landlord's architectnotice, given in writing to both parties within which date shall not be less than thirty (30) days nor more than sixty (60) days after the Damage Datedate such notice is given by Tenant. Furthermore, if neither Landlord nor Tenant has terminated this Lease, and the Demised Premises and such other portions of the Project canrepairs are not be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Tenant may terminate this Lease by giving notice to Landlord actually completed within ninety (90) days after the Estimated Repair Completion Date, then Tenant shall have the right to terminate this Lease at any time thereafter until such time as the repairs are complete, by notice to Landlord (the “Damage Termination Notice”), effective as of a date set forth in the Damage Termination Notice (the “Damage Termination Date”). In addition to Notwithstanding the termination right granted to Tenant under the preceding sentenceforegoing, if Tenant delivers a Damage Termination Notice to Landlord, then Landlord shall have the Demised Premises are damaged or destroyed by Casualty, or if any portion right to suspend the occurrence of the Project other than the Demised Premises is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen Damage Termination Date for a period ending thirty (1430) months days after the Damage Termination Date set forth in the Damage Termination Notice by delivering to Tenant, within five (5) business days of Landlord’s receipt of the Damage Termination Notice, a certificate of Landlord’s contractor responsible for the repair of the damage certifying that it is such contractor’s good faith judgment that the repairs shall be substantially completed within thirty (30) days after the Damage Termination Date. If repairs shall be substantially completed prior to the expiration of such thirty-day period, then the Damage Termination Notice shall be of no force or effect, but if the repairs shall not be substantially completed within such thirty-day period, then this Lease shall terminate upon the expiration of such thirty-day period. In addition, Tenant may terminate this Lease if the damage to the Premises occurs during the last twelve (12) months of the Lease Term, and, as a result of such damage, Tenant cannot reasonably conduct business from the Premises for a period of thirty (30) days or more. Notwithstanding the provisions of this Section 11.3, Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord on or before under this Section 11.3 only if each of the earlier to occur of following conditions is satisfied: (ia) the date which is sixteen damage to the Project by fire or other casualty was not caused by the negligence or intentional act of Tenant or any Tenant Parties; (16b) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration as a result of the Demised Premises and any damage, Tenant cannot reasonably conduct business from the Premises; and, (c) as a result of the damage to the Project, Tenant does not occupy or use the damaged portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract), the extension under this proviso shall not exceed an additional two (2) months. If Landlord's architect shall determine that the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for such repairs or restoration. In the event Tenant has the right in such circumstance to terminate this Lease pursuant to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architect.

Tenant’s Termination Rights. If the Demised Premises shall be so damaged by casualty to such extent that all or part of the Premises is rendered unusable for the normal conduct of Tenant’s business then conducted on the Premises and a reputable contractor selected by Landlord and reasonably approved by Tenant (or if Landlord fails to designate a reputable contractor reasonably approved by Tenant within thirty days after the casualty, a reputable contractor selected by Tenant and reasonably approved by Landlord) estimates that (taking into account the time to prepare plans and obtain permits) the Premises (including the Leasehold Improvements, but excluding the personal property of Tenant) cannot be substantially repaired within fourteen (14) months after the date such contractor’s estimate is delivered to Tenant and Landlord, Tenant may terminate this Lease by sending written notice of such termination to Landlord within one hundred twenty (120) days of the date such contractor’s estimate is delivered to Tenant and Landlord, which termination shall be effective as of any date designated by Tenant in such termination notice that is not later than two (2) years from the date of the casualty. If Tenant does not terminate (or is not entitled to terminate) this Lease pursuant to the preceding sentence but Landlord does not restore the Premises so that the entire Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises (including, without limitation, the Building or Building Parking Facilities) is damaged by Casualty such that Tenant's use or enjoyment of or access Ready for Occupancy prior to the Demised Premises or date (the Project “Restoration Deadline Date”) that is materially adversely affected and if, in the reasonable opinion of Landlord's architect, given in writing to both parties within sixty (60) days after the Damage Dateestimated date of substantial completion set forth in such contractor’s estimate plus, if Tenant would have been entitled to terminate this Lease pursuant to this Section 17.02, the Demised Premises number of days that elapse between the date of delivery of such contractor’s estimate to Landlord and such other portions of Tenant and the Project cannot be repaired date on which Tenant’s termination right expires or restored is irrevocably surrendered by Tenant by written notice to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage DateLandlord, Tenant may terminate this Lease by giving sending written notice of such termination to Landlord within ninety one hundred twenty (90120) days after the Damage Date. In addition to the termination right granted to Tenant under the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen (14) months after the Damage Restoration Deadline Date, Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord on or before the earlier to occur of (i) the date which is sixteen (16) months after the Damage Date, or (ii) the date that Landlord has substantially completed the restoration of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding termination shall be extended for the amount effective as of time Landlord is so delayed, but unless the delay is caused any date designated by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract), the extension under this proviso shall in such termination notice that is not exceed an additional later than two (2) months. If Landlord's architect shall determine that years from the Demised Premises and/or Project cannot be repaired or restored to the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365) days after the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for date of such repairs or restorationtermination notice. In the event of such termination, Tenant has the right in such circumstance to terminate this Lease shall not be responsible for paying any Repair Cost Amount pursuant to Section 17.01(b). The Restoration Deadline Date shall be extended day-for-day for each day of Tenant Delay impeding Landlord’s restoration work and day-for-day (up to a total not more than 120 days) for each day of Unavoidable Delay impeding Landlord’s restoration work. For purposes of this Section 17.02, the preceding grammatical paragraph, but term “Tenant does not elect Delay,” as defined in Exhibit C to so terminate this the Lease, the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion also include delays due directly or indirectly to Tenant’s breach of Landlord's architectits cooperation obligations under this Article 17.

Tenant’s Termination Rights. If the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises Abatement Event shall not be --------------------------- cured within one hundred eighty (including, without limitation, the Building or Building Parking Facilities) is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected and if, in the reasonable opinion of Landlord's architect, given in writing to both parties within sixty (60180) days after the Damage Date, the Demised Premises and such other portions Landlord's receipt of the Project cannot be repaired or restored Cure Notice, then Tenant, upon notice to Landlord (the condition in all material respects that existed prior to the Casualty within three hundred sixty-five (365"Services Termination Notice") days after the Damage Dateexpiration of such one hundred eighty (180) day period (the "Termination Cure Period"), Tenant may terminate this Lease by giving notice either as to Landlord within ninety (90) days after the Damage Date. In addition to the termination right granted to Tenant under the preceding sentence, if the Demised Premises are damaged or destroyed by Casualty, or if any portion of the Project other than the Demised Premises is damaged by Casualty such that Tenant's use or enjoyment of or access to the Demised Premises or the Project is materially adversely affected, and if the Demised Premises and/or such portion of the Project are not materially restored by Landlord to the extent required of Landlord hereunder on or before the date which is fourteen (14) months after the Damage Date, Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord on or before the earlier to occur of (i) the date which is sixteen (16) months after the Damage DateAffected Area, or (ii) if the Affected Area constitutes more than twenty-five percent (25%) of the Premises, the entire Premises. Termination of the Lease with respect to the Affected Area shall be effective upon the expiration of the Termination Cure Period, in which case this Lease shall be amended to reflect that the Affected Area is no longer a part of the Premises and the Rent payable hereunder by Tenant shall be adjusted accordingly. Termination of the remainder of the Premises hereunder shall be effective upon the latter of the date that Landlord has substantially completed specified in the restoration Services Termination Notice or the date of Tenant's actual vacation of the Demised Premises and any portion of the Building required for access to the Demised Premises, as the case may be; provided, however, that if construction or reconstruction is delayed because of changes, deletions or additions such termination shall in construction requested by Tenant, or because of Excusable Delays, the fourteen (14) month period for restoration, repair or rebuilding shall no event be extended for the amount of time Landlord is so delayed, but unless the delay is caused by Tenant or its employees or by Tenant's agents or contractors (acting within the scope of their agency or contract), the extension under this proviso shall not exceed an additional later than two (2) monthsyears after the date of delivery of the Services Termination Notice. If Notwithstanding the foregoing, the Termination Cure Period shall be extended (for a period not to exceed an additional one hundred eighty (180) days) by one day for each day that Landlord's architect shall determine that cure of the Demised Premises and/or Project cannot be repaired or restored Abatement Event is delayed by an event described in Section 29 below, if Landlord offers to the condition in all material respects that existed provide (by no later than thirty (30) days prior to the Casualty within three hundred sixty-five (365expiration of the original Termination Cure Period) days after suitable temporary replacement space reasonably acceptable to Tenant in the Damage Date, Landlord's architect shall specify in its opinion the additional time reasonably required for Project and if such repairs or restoration. In the event replacement space is delivered to Tenant has the right in such circumstance to terminate this Lease pursuant prior to the preceding grammatical paragraph, but Tenant does not elect to so terminate this Lease, end of the fourteen (14) and sixteen (16)-month periods described in the preceding paragraph shall each be extended by such additional time so specified in the opinion of Landlord's architectoriginal Termination Cure Period.