Common use of Termination of Lease; Repair by Landlord Clause in Contracts

Termination of Lease; Repair by Landlord. If the Premises or the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises and the core and shell of the Building, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Premises is rendered untenantable and the estimated time for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease as of the date of notice of such election by giving notice to the other at anytime within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy (270) days. However, if such repairs and restoration are not completed by a date (“Outside Date”) which is fifteen (15) months after the date of such fire or other casualty (or ninety-five (95) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated this Lease as permitted), which Outside Date shall be extended (as to Tenant’s ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s agents, employees or contractors, for any reason whatsoever, then either party may terminate this Lease, effective as of the date of notice of such election, by giving written notice to the other party within thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 to repair or restore any portion of Tenant Alterations or by other improvements, additions or alterations made by or on behalf of Tenant in the Premises, including improvements performed by Landlord pursuant to this Lease and/or the Workletter, if any, except to the extent Tenant provides insurance proceeds or other funds to Landlord to pay for such repair or restoration; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any Mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration; or (iii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year of the Term, either party (but as to Tenant’s right, only if all or a substantial portion of the Premises is rendered untenantable) shall have the option to terminate this Lease by giving written notice to the other within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease shall terminate as of the date of such notice.

Termination of Lease; Repair by Landlord. If the Premises or the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantableuntenantable (as hereinafter defined), then Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises Building and the core and shell of the BuildingPremises, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the willful act of Tenant, its agents, employees, employees or contractors, or invitees, and only if all or a substantial portion of the Premises is rendered untenantable and the estimated time for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease lease as of the date of notice of such election by giving notice to the other at anytime within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and or the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy (270) days. However, if such repairs and restoration are not completed by a date (“Outside Date”) which is fifteen twelve (1512) months after the date of such fire or other casualty (or ninety-five (95) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated this Lease the lease as permitted), which Outside Date shall be extended (as to Tenant’s ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s agents, employees or contractors, for any reason whatsoever, then either party tenant may terminate this Leaselease, effective as of the date of notice of such election, by giving written notice to Landlord within the other party within thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 to repair or restore any portion of Tenant Alterations or by other improvements, additions or alterations made by or on behalf of Tenant in the Premises, including improvements performed by Landlord pursuant to this Lease and/or the Workletter, if any, except to the extent Tenant provides insurance proceeds or other funds to Landlord to pay for such repair or restoration; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any Mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration, provided that if Landlord does not elect in the circumstances referred to in this clause to repair or restore the Premises, Landlord shall so notify Tenant and Tenant shall thereafter have the right to terminate this lease upon notice to that effect given within thirty (30) days after receipt of such notice from Landlord, time being of the essence; or (iiiii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year of the Term, either party (but as to Tenant’s right, only if all or a substantial portion of the Premises is rendered untenantable) shall have the option to terminate this Lease lease by giving written notice to the other within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease lease shall terminate as of the date of such notice.

Termination of Lease; Repair by Landlord. (i) If the Premises or the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantablecasualty, then Landlord, so long as Landlord's Mortgagee(s) or Ground Lessor(s), if any, are obligated or agree to make insurance proceeds available for restoration or, if the Mortgagee(s) or Ground Lessor(s) are not obligated to make insurance proceeds available for restoration or do not agree to do so, and Landlord elects to fund any shortfall, shall proceed with reasonable promptness to repair and restore the core and shell of the Building (including any elements thereof within the Premises) and the Premises Tenant Improvements (but not any alterations or FF&E) so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments the terms and delays caused by matters beyond Landlord’s reasonable control, conditions hereinafter set forth and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such the damage, (a) engage an architect to estimate the length of time that will be required to substantially complete the repair and restoration of the Premises core and shell of the Building or the core and shell of the BuildingPremises and the Tenant Improvements, as the case may be, necessitated by such damage and Landlord shall by notice advise Tenant of such estimate. If it is so estimated use reasonable efforts to ensure that the amount of time required to substantially complete such repair architect provides the estimate as soon as reasonably possible, and restoration will exceed two hundred seventy (270b) days obtain a determination from the date such damage occurred, then either Landlord Mortgagee(s) or Tenant (but Tenant shall have such right only if the damage was not caused by the willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Premises is rendered untenantable and the estimated time for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease as of the date of notice of such election by giving notice to the other at anytime within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimateGround Lessor(s). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy (270) days. However, if such repairs and restoration are not completed by a date (“Outside Date”) which is fifteen (15) months after the date of such fire or other casualty (or ninety-five (95) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated this Lease as permitted), which Outside Date shall be extended (as to Tenant’s ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s agents, employees or contractors, for any reason whatsoever, then either party may terminate this Lease, effective as of the date of notice of such election, by giving written notice to the other party within thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 to repair or restore any portion of Tenant Alterations or by other improvements, additions or alterations made by or on behalf of Tenant in the Premises, including improvements performed by Landlord pursuant to this Lease and/or the Workletter, if any, except as to the extent Tenant provides whether insurance proceeds or other funds to Landlord to pay will be made available for such repair or restoration; (ii) restoration and, in each case, Landlord shall not be obligated notify Tenant (but may, at its option, so elect"CASUALTY NOTICE") to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any Mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration; or (iii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year of the Term, either party (but determination as to Tenant’s right, only if all or a substantial portion length of the Premises is rendered untenantable) shall have the option to terminate this Lease by giving written notice to the other within thirty (30) days after the date such damage occurredtime for repair, and if such option is so exercised, this Lease shall terminate as of there are Mortgagee(s) or Ground Lessor(s) whether the date of such notice.Mortgagee(s) or Ground Lessor(s) will make proceeds available for restoration and/or whether Landlord will fund any shortfall(s) from its own funds

Termination of Lease; Repair by Landlord. If the Premises or the Building shall be is damaged by fire or other casualty casualty, and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws Laws and building codes then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises and the core and shell of the BuildingBuilding and the Premises, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the gross neglect or willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Premises is rendered untenantable and the estimated time required for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease as of the date of notice of such election by giving notice to the other at anytime any time within twenty (20) days after Landlord gives Tenant Xxxxxx the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and or the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws Laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by LandlordXxxxxxxx, as aforesaid, or within said two hundred seventy (270) days. However, if such repairs and restoration are not completed by a date (“Outside Date”) which is fifteen twelve (1512) months after the date of such fire or other casualty (or ninety-five (95) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated this Lease the lease as permitted), which Outside Date shall be extended (as to Tenant’s ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s agents, employees or contractors, for any reason whatsoever, then either party may terminate this Lease, effective as of the date of notice of such election, by giving written notice to the other party within the thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restorationrestoration (but Tenant shall again have such right only if the damage was not caused by the neglect or willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Premises was rendered untenantable). Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 to repair or restore any portion of Tenant Tenant’s Alterations or by any other improvements, additions or alterations made by or on behalf of Tenant in the Premises, including improvements performed by Landlord pursuant to this Lease and/or the WorkletterWork Letter, if any, except to the extent Tenant provides insurance proceeds or other funds to Landlord to pay for such repair or restoration; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any Mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration; or (iii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year of the Term, either party (but as to Tenant’s right, only if all or a substantial portion of the Premises is rendered untenantable, and only if such damage was not caused by the neglect or willful act of Tenant, its agents, employees, contractors or invitees) shall have the option to terminate this Lease by giving written notice to the other within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease shall terminate as of the date of such notice.

Termination of Lease; Repair by Landlord. If the Premises or the ---------------------------------------- Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed with reasonable promptness to repair and restore the Premises or the core and shell of the Building and the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s 's reasonable control, and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises and or the core and shell of the Building, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Premises is rendered untenantable and the estimated time for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease lease as of the date of notice of such election by giving notice to the other at anytime within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). ) Unless this Lease lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and or the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s 's reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy seventy, (270) days. However, if such repairs and restoration are not completed by a date (“"Outside Date”") which is fifteen twelve (1512) months after the date of such fire or other casualty (or ninety-five (95) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated this Lease the lease as permitted), which Outside Date shall be extended (as to Tenant’s 's ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s 's agents, employees or contractors, for any reason whatsoever, then either party may terminate this Leaselease, effective as of the date of notice of such election, by giving written notice to the other party within thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 to repair or restore any portion of Tenant Alterations or by other improvements, additions or alterations made by or on behalf of Tenant in the Premises, including improvements performed by Landlord pursuant to this Lease and/or the Workletter, if any, except to the extent Tenant provides insurance proceeds or other funds to Landlord to pay for such repair or restoration; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises Premise's or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any Mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration; , or (iii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year of the Term, . either party (but as to Tenant’s 's right, only if all or a substantial portion of the Premises is rendered untenantable) shall have the option to terminate this Lease lease by giving written notice to the other within thirty (30) days after the date such damage occurred, and if such option is so exercised, exercised this Lease lease shall terminate as of the date of such notice.

Termination of Lease; Repair by Landlord. If the Premises or the Building shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building untenantable, then Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s 's reasonable control, and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of the Premises or the Building untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises and the core and shell of the BuildingBuilding and the Premises, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy forty (270240) days from the date such damage occurred, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the neglect or willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Premises is rendered untenantable and the estimated time required for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy forty (270240) day period) shall have the right to terminate this Lease lease as of the date of notice of such election by giving notice to the other at anytime within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate); provided, however, that Landlord shall not have the right to so terminate this lease on account of any such fire or other casualty unless Landlord also terminates the leases of all similarly affected office tenants at the Building. Unless this Lease lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and or the Premises so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s 's reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy forty (270240) days. However, if such repairs and restoration are not completed by a date (“Outside Date”"OUTSIDE DATE") which is fifteen twelve (1512) months after the date of such fire or other casualty (or ninetyone hundred twenty-five (95125) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy forty (270240) days and neither party terminated this Lease lease as permitted), which Outside Date shall be extended (as to Tenant’s 's ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s 's agents, employees or contractors, for any reason whatsoever, then either party may terminate this Leaselease, effective as of the date of notice of such election, by giving written notice to the other party within thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 to repair or restore any portion of Tenant Tenant's Alterations or by other improvements, additions or alterations made by or on behalf of Tenant in the Premises, including improvements performed by Landlord or Tenant pursuant to this Lease lease and/or the Workletter, if any, except to the extent Tenant provides insurance proceeds or other funds to Landlord to pay for such repair or restoration; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any Mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration; or (iii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year eighteen (18) months of the Term, either party (but as to Tenant’s 's right, only if all or a substantial portion of the Premises is rendered untenantable) shall have the option to terminate this Lease lease by giving written notice to the other within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease lease shall terminate as of the date of such notice.

Termination of Lease; Repair by Landlord. If the Premises or the Building Building, or the Lobby, Receiving Docks and Auditorium, shall be damaged by fire or other casualty and if such damage does not render all or a substantial material portion of the Premises or the Building untenantable, or all or a material portion of the Lobby, Receiving Docks and Auditorium unusable for their intended purposes, then Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Premises Premises, and the Lobby, Receiving Docks and Auditorium, so as to render the Premises tenantabletenantable and the Lobby, Receiving Docks and Auditorium usable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial material portion of the Premises or the Building untenantable, or renders the Lobby, Receiving Docks or Auditorium unusable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises Building and the core Premises, and shell of the BuildingLobby, Receiving Docks and Auditorium, as the case may be, necessitated by such damage and shall by notice given to Tenant approximately sixty (60) days from the date such damage occurs, advise Tenant of such estimate, and advise Tenant if Landlord has available sufficient insurance and other proceeds to complete the repair and restoration. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred, or if Landlord will not have available sufficient insurance and other proceeds to complete the repair and restoration, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Premises is rendered untenantable and the estimated time for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease lease as of the date of notice of such election by giving notice to the other at anytime within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of Building or the Building Premises, and the Premises Lobby, Receiving Docks and Auditorium, so as to render the Premises tenantabletenantable (including restoration of reasonable access to the Premises, if such access was destroyed as a result of the subject casualty), and the Lobby, Receiving Docks and Auditorium usable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy (270) days. However, if such repairs and restoration are not completed by a date (“Outside Date”) which is fifteen twelve (1512) months after the date of such fire or other casualty (or ninety-five (95) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated this Lease the lease as permitted), which Outside Date shall be extended (as to Tenant’s ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s agents, employees or contractors, for any reason whatsoever, then either party may terminate this Lease, effective as of the date of notice of such election, by giving written notice to the other party within thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 to repair or restore any portion of Tenant Alterations or by other improvements, additions or alterations made by or on behalf of Tenant in the Premises, including improvements performed by Landlord pursuant to this Lease and/or the Workletter, if any, except to the extent Tenant provides insurance proceeds or other funds to Landlord to pay for such repair or restoration; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restoration, or if any Mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restoration; or (iii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year of the Term, either party (but as to Tenant’s right, only if all or a substantial portion of the Premises is rendered untenantable) shall have the option to terminate this Lease by giving written notice to the other within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease shall terminate as of the date of such notice.or

Termination of Lease; Repair by Landlord. If the Demised Premises or the Building (including any portion of the Building providing necessary access to the Demised Premises) shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Demised Premises or the Building untenantable, then Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and the Demised Premises so as to render the Demised Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of the Demised Premises or the Building (including any portion of the Building providing necessary access to the Demised Premises) untenantable, Landlord shall, with reasonable promptness within sixty (60) days after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises and the core and shell of the BuildingBuilding and the Demised Premises, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy forty (270240) days from the date such damage occurred, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the willful act of Tenant, its agents, employees, contractors, or invitees, and only if all or a substantial portion of the Demised Premises [or any portion of the Building providing necessary access to the Demised Premises] is rendered untenantable and the estimated time time, in Landlord’s reasonable business judgment, required for Landlord required to substantially complete such repair or restoration to render the Demised Premises tenantable will exceed such two hundred seventy forty (270240) day period, and only if the damage was not caused by the negligence or willful misconduct of Tenant, its agents, contractors, employees or invitees) shall have the right to terminate this Lease as of the date of notice of such election by giving notice to the other at anytime within twenty (20) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and or the Demised Premises so as to render the Demised Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy forty (270240) days. However, if such repairs and restoration are not completed by a date (“Outside Date”) which is fifteen three hundred sixty (15360) months days after the date of such fire or other casualty (or ninety-five one hundred twenty (95120) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy forty (270240) days and neither party terminated this Lease the lease as permitted), which Outside Date shall be extended (as to Tenant’s ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s agents, employees or contractors, for any reason whatsoeverthen, to the extent either party initially had the right to terminate as provided above (or would have had the right to so terminate if the initial estimate exceeded 240 days, as described above), then either such party may shall again have the right to terminate this Lease, effective as of the date of notice of such election, by giving written notice to the other party within thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restoration; provided, however, that Tenant shall have no right to so terminate this Lease if the only portions of the core and shell which have not then been completed are those which, due to sequencing of the work, cannot be completed until Tenant repairs or restores the portions of the Demised Premises so required by Tenant hereunder, and provided that Landlord shall have no right to so terminate this Lease if the failure to substantially complete the repairs and restoration is a result of Landlord’s failure to take reasonable actions to diligently pursue such repairs and restoration. Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 Article 12 to repair or restore any portion of Tenant the Tenant’s Work or any other Alterations or by other improvements, additions or alterations made by or on behalf of Tenant in the Demised Premises, including improvements performed by Landlord pursuant to this Lease and/or the Workletter, if any, except to the extent Tenant provides insurance proceeds or other funds to Landlord to pay for such repair or restoration; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Demised Premises or Building (A) if the damage is due to an uninsurable casualty casualty, or (B) if insurance proceeds are insufficient to pay for such repair or restorationrestoration (after taking into account any deductible maintained by Landlord, which deductible amount shall not be considered for purposes of determining whether the insurance proceeds are insufficient for purposes of this clause (ii)), and if Landlord had otherwise maintained the insurance required to be maintained by Landlord hereunder, or (C) if any Mortgagee mortgagee applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restorationrestoration (provided that if Landlord elects not to so repair or restore the Demised Premises as a result of any matter described in this clause (ii), Landlord shall promptly notify Tenant of such election, and, to the extent such damage rendered a substantial portion of the Demised Premises [including any portion of the Building providing necessary access to the Demised Premises] untenantable, Tenant shall thereafter have the right to terminate this Lease effective upon written notice thereof to Landlord given not later than fifteen (15) business days after Tenant’s receipt of notice of such election by Landlord, in which event this Lease shall be deemed to have expired by lapse of time as of the tenth (10th) business day following delivery of such termination notice, as if such date was the stated expiration date of the Term hereof); or and (iii) if any such damage rendering all or substantial portion of the Demised Premises or Building (including any portion of the Building providing necessary access to the Demised Premises) untenantable shall occur during the last year of the TermTerm and Tenant has not then validly exercised any option hereunder to renew the Term hereof for a further renewal period hereunder, either party (but as to Tenant’s right, only if all or a substantial portion of the Demised Premises is rendered untenantableuntenantable and if such damage was not caused by the negligence or willful misconduct of Tenant, its agents, contractors, employees or invitees) shall have the option to terminate this Lease by giving written notice to the other within thirty (30) days after the date such damage occurred, and if such option is so exercised, this Lease lease shall terminate as of the date of such notice.

Termination of Lease; Repair by Landlord. If the Premises or the Building (including any portion thereof providing necessary access to the Premises) shall be damaged by fire or other casualty and if such damage does not render all or a substantial portion of the Premises or the Building (including any portion thereof providing necessary access to the Premises) untenantable, then Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and (including any elements thereof within the Premises Premises) so as to render the Premises tenantable, subject to reasonable delays delays, for insurance adjustments and delays caused by matters beyond Landlord’s 's reasonable control, control and also subject to zoning laws and building codes then in effect. If any such damage renders all or a substantial portion of (i) the Premises or (ii) the Building (including any portion thereof providing necessary access to the Premises) untenantable, Landlord shall, with reasonable promptness after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration of the Premises core and shell of the Building or the core and shell of the BuildingPremises, as the case may be, necessitated by such damage and shall by notice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed two hundred seventy (270) days from the date such damage occurred, then either Landlord or Tenant (but Tenant shall have such right only if the damage was not caused by the gross negligence or willful act misconduct of Tenant, its agents, employees, contractors, contractors or inviteesinvitees or others for whom the Tenant is in law responsible, and only if all or a substantial portion of the Premises (including any portion of the Building providing necessary access to the Premises) is rendered untenantable and the estimated time for Landlord required to substantially complete such repair or restoration to render the Premises tenantable will exceed such two hundred seventy (270) day period) shall have the right to terminate this Lease as of the date of notice of such election by giving notice to the other at anytime any time within twenty thirty (2030) days after Landlord gives Tenant the notice containing said estimate (it being understood that Landlord may, if it elects to do so, also give such notice of termination together with the notice containing said estimate). Unless this Lease is terminated as provided in the preceding sentence, Landlord shall proceed with reasonable promptness to repair and restore the core and shell of the Building and (including any elements thereof within the Premises and including any portion of the Building providing necessary access to the Premises) so as to render the Premises tenantable, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s 's reasonable control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as hereinafter provided) if such repairs and restoration are not in fact completed within the time period estimated by Landlord, as aforesaid, or within said two hundred seventy (270) days. However, if such repairs and restoration are not completed by a date (“"Outside Date”") which is fifteen twelve (1512) months after the date of such fire or other casualty (or ninety-five ninety (9590) days after the expiration of the time period estimated by Landlord as aforesaid, if longer than two hundred seventy (270) days and neither party terminated this the Lease as permitted), which Outside Date shall be extended (as to Tenant’s ability to terminate only) by all periods of delay attributable to the acts or omissions of Tenant or Tenant’s 's agents, employees or contractors, for any reason whatsoeverwhatsoever but which Outside Date shall not otherwise be extended for other Force Majeure delays under Section 29.K. above, then either party Landlord or Tenant may terminate this Lease, effective as of the date of notice of such election, by giving written notice to the other party within a thirty (30) day period after said Outside Date as extended as aforesaid, but prior to substantial completion of repair or restorationrestoration (provided that Tenant shall have such right only if the damage was not caused by the gross negligence or willful misconduct of Tenant, its agents, employees, contractors or invitees, or others for whom Tenant is in law responsible and only if all or a substantial portion of the Premises (including any portion of the Building providing necessary access to the Premises) was rendered untenantable). Notwithstanding anything to the contrary herein set forth: (i) Landlord shall have no duty pursuant to this Section 17 15 to repair or restore any portion of Tenant's alterations or any other tenant improvements or additions made by or on behalf of Tenant Alterations in the Premises, and including the Tenant's Work or by any other improvements, additions or alterations improvements made by or on behalf of Tenant in the Premises, including improvements performed by Landlord pursuant to this Lease and/or the Workletter, if any, except to the extent Tenant provides insurance proceeds any separate tenant construction agreement or other funds to workletter entered into by Landlord to pay for such repair or restorationand Tenant; (ii) Landlord shall not be obligated (but may, at its option, so elect) to repair or restore the Premises or Building if the damage is due to an uninsurable casualty or if insurance proceeds are insufficient to pay for such repair or restorationrestoration (unless so insufficient as a result of Landlord failing to maintain the insurance required to be maintained by Landlord under this Lease), or if any Mortgagee mortgagee on the Building applies proceeds of insurance to reduce its loan balance, and the remaining proceeds, if any, available to Landlord are not sufficient to pay for such repair or restorationrestoration (provided that if Landlord elects not to so repair or restore the Premises as a result of any matter described in this clause (ii), Landlord shall promptly notify Tenant of such election, and, to the extent such damage rendered a substantial portion of the Premises untenantable (including any portions of the Building providing necessary access to the Premises), Tenant shall thereafter have the right to terminate this Lease effective upon written notice thereof to Landlord given not later than ten (10) business days after Tenant's receipt of notice of such election by Landlord); or and (iii) if any such damage rendering all or substantial portion of the Premises or Building untenantable shall occur during the last year eighteen (18) months of the Terminitial Term or the last eighteen (18) months of any extension period provided hereunder, either party (but as to Tenant’s 's right, only if all or a substantial portion of the Premises (including any portions of the Building providing necessary access to the Premises) is rendered untenantableuntenantable and only if the damage was not caused by the negligence or willful misconduct of Tenant, its agents, employees, contractors or invitees or others for whom the Tenant is in law responsible) shall have the option to terminate this Lease by giving written notice to the other within thirty sixty (3060) days after the date such damage occurred, and if such option is so exercised, this Lease shall terminate as of the date of such notice, as if such date was the stated expiration date of the Term hereof.