Common use of Uninsured Loss Clause in Contracts

Uninsured Loss. If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord's insurance coverage, or Landlord's insurance carrier has not determined whether insurance proceeds from Landlord's insurance will be made available to Landlord for the purpose of repairing the Leased Premises within ninety (90) days after such damage, then Landlord shall have the option to (i) repair or restore such damage forthwith, in which event this Lease shall continue in full force and effect, but the Base Rent and Other Charges shall be proportionately reduced as provided in Section 18.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall be no less than thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other Charges, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.

Uninsured Loss. If Subject to the Leased provisions of Paragraphs 18.4 and 18.5, below, if at any time during the Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises are damaged as Damage or Premises Building Partial Damage, unless caused by a result negligent or willful act of a cause other than a peril covered Tenant (in which event Tenant shall make the repairs at Tenant's expense) provided, however, that Tenant shall only be obligated to pay for the cost of repairs to the extent such cost exceeds insurance proceeds actually received by the Landlord and Landlord has used reasonable efforts to collect such proceeds which damage prevents Tenant from making any substantial use of the Premises, Landlord may at Landlord's insurance coverage, or Landlord's insurance carrier has not determined whether insurance proceeds from Landlord's insurance will be made available to Landlord for the purpose of repairing the Leased Premises within ninety (90) days after such damage, then Landlord shall have the option to either (i) repair or restore such damage forthwithas soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, but the Base Rent and Other Charges shall be proportionately reduced as provided in Section 18.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give written notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall be no less than within thirty (30) days after the date of the occurrence of such notice. If such notice is given, damage of Landlord's intention to cancel and terminate this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other Charges, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year as of the date of the damage or destructionoccurrence of such damage, then Tenant may elect to terminate in which event this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from shall terminate as of the date of damage the occurrence of such damage. However, if Tenant at its option is willing to substantially completepay the cost of repairs in excess of the insurance proceeds actually received by Landlord, then Tenant Landlord shall make the election not be permitted to terminate this Lease within sixty (60) days the Lease, provided Tenant pays such excess amount or provides such other reasonable security therefor to Landlord prior to the commencement of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.the repairs or restoration

Uninsured Loss. If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord’s insurance coverage or if the insurance proceeds are not sufficient to cover the cost of repairs, Landlord shall forthwith repair the same provided the cost of repair is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord's ’s insurance coverage, or Landlord's insurance carrier has not determined whether if the insurance proceeds from Landlord's ’s insurance will be are not made available to Landlord for the purpose of repairing the Leased Premises within ninety Premises, or, if the cost of repair is equal to or greater than ten percent (9010%) days after such damageor more of the replacement cost of the Leased Premises, then Landlord shall have the option to (i) repair or restore such damage forthwithdamage, in which event this Lease shall continue in full force and effect, effect but the Base Rent and Other Charges Additional Rent shall be proportionately reduced as provided in Section 18.1 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall not be no less than thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other ChargesAdditional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.

Uninsured Loss. If If, because such Damage resulted from an event which was not an Insured Loss, (a) the Leased Premises proceeds of the casualty insurance required to be maintained pursuant to Section 18 of this Lease, and (b) the amounts to be paid by Tenant pursuant to Section 16.2.3, below; if any, are damaged as a result not in the aggregate sufficient to pay the cost of a cause other than a peril covered by repair of Damage to the Demised Premises, Landlord may at Landlord's insurance coverage, or Landlord's insurance carrier has not determined whether insurance proceeds from Landlord's insurance will be made available to Landlord for the purpose of repairing the Leased Premises within ninety (90) days after such damage, then Landlord shall have the ’s option to either: (i) repair or restore such damage forthwithat Landlord’s expense, as soon as reasonably practicable, but in any event by the Restoration Completion Date, in which event this Lease shall continue in full force and effect, but the Base Rent and Other Charges shall be proportionately reduced as provided in Section 18.1 above; or (ii) at any time ), if the cost to Landlord to repair such Damage exceeds the then applicable Annual Rent for the Demised Premises, give written notice to Tenant within one hundred twenty thirty (12030) days after receipt by Landlord of knowledge of the occurrence of such damage give notice of Landlord’s desire to Tenant of the termination of terminate this Lease as of the date specified in sixty (60) days following the giving of such notice. In the event Landlord elects to terminate this Lease, which date Tenant shall be no less than have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant’s commitment to pay for the cost of repair of such Damage in excess of the sum of the then applicable Annual Rent, without reimbursement from Landlord, and Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other Charges, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlordfollowing Tenant’s said commitment; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed entitled to have waived and released its right to terminate this Lease pursuant to this Section and the use of insurance proceeds which may be available for such repair. In such event this Lease shall continue in full force and effect, subject and Landlord shall proceed to abatement make such repairs as soon as reasonably practicable, to be completed in no event later than the Restoration Completion Date. If Tenant does not give such notice and provide the funds or assurance thereof within the times specified above, this Lease shall terminate as of Rent as provided the date specified in Section 18.1 above and this Section 18.2Landlord’s notice of termination.

Uninsured Loss. If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord's insurance coverage or if the insurance proceeds are not sufficient to cover the cost of repairs, Landlord shall forthwith repair the same provided the cost of repair is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord's Landlords insurance coverage, or Landlord's insurance carrier has not determined whether if the insurance proceeds from Landlord's insurance will be are not made available to Landlord for the purpose of repairing the Leased Premises within ninety Premises, or, if the cost of repair is equal to or greater than ten percent (9010%) days after such damageor more of the replacement cost of the Leased Premises, then Landlord shall have the option to (i) repair or restore such damage forthwithdamage, in which event this Lease shall continue in full force and effect, effect but the Base Rent and Other Charges Additional Rent shall be proportionately reduced as provided in Section 18.1 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall not be no less than thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other ChargesAdditional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.xxiv

Uninsured Loss. If Subject to the Leased provisions of Sections 15.4.15.5 and 15.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises are damaged as Partial Damage or Premises Building Partial Damage, unless caused by a result negligent or willful act of a cause other than a peril covered by Tenant (in which event Tenant shall make the repairs at Tenant's expense), which damage prevents Tenant from using the Premises, Landlord may at Landlord's insurance coverage, or Landlord's insurance carrier has not determined whether insurance proceeds from Landlord's insurance will be made available to Landlord for the purpose of repairing the Leased Premises within ninety (90) days after such damage, then Landlord shall have the option to either (i) repair or restore such damage forthwithas soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, but the Base Rent and Other Charges shall be proportionately reduced as provided in Section 18.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give written notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall be no less than within thirty (30) days after the date of the occurrence of such notice. If such notice is given, damage of Landlord's intention to cancel and terminate this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other Charges, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year as of the date of the damage or destruction, then Tenant may elect occurrence of such damage. In the event Landlord elects to terminate this Lease by giving ninety (90) days' written give such notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect intention to cancel and terminate this Lease Lease, Tenant shall have the right within sixty ten (6010) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and in which event this Lease shall continue in full force and effect, subject and Tenant shall proceed to abatement make such repairs as soon as reasonably possible. If Tenant does not give such notice within such 10-day period this Lease shall be canceled and terminated as of Rent as provided in Section 18.1 above and this Section 18.2the date of the occurrence of such damage.

Uninsured Loss. If In the event the Leased Premises are damaged as a result of a any cause other than a peril the perils covered by all-risk insurance coverage maintained by Landlord's insurance coverage, or Landlord's insurance carrier has not determined whether insurance proceeds from Landlord's insurance will be made available to then Landlord for shall forthwith repair the purpose same, but only if the extent of repairing the damage is less than ten percent (10%) of the then full replacement cost of the Leased Premises within ninety and of the building of which the Leased Premises are a part. If the damage to the Leased Premises or to the building of which the Leased Premises are a part is greater than ten percent (9010%) days after such damageor more of the then full replacement cost of the Leased Premises or the building, respectively, then Landlord shall have the option option: (1) to (i) repair or restore such damage forthwithdamage, in which event this Lease shall continue continuing in full force and effect, but the Base Minimum Rent and Other Charges shall to be proportionately reduced as hereinabove provided in Section 18.1 abovethis Section; or (ii2) give notice to Tenant at any time within one hundred twenty sixty (12060) days after such damage give notice to Tenant of the termination of damage, terminating this Lease as of the date specified in such notice, which date shall be no less more than thirty (30) days after the date of such notice. If In the event of giving such notice is givennotice, this Lease shall terminate expire and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Minimum Rent and Other Charges, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Leased Premises, shall be paid up to the date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.

Uninsured Loss. If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord’s insurance coverage or if the insurance proceeds are not sufficient to cover the cost of repairs, Landlord shall forthwith repair• the same provided the cost of repair• is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a:cause other than a peril covered by Landlord's ’s insurance coverage, or Landlord's insurance carrier has not determined whether if the insurance proceeds from Landlord's ’s insurance will be are not made available to Landlord for the purpose of repairing the Leased Premises within ninety Premises, or, if the cost of repair is equal to or greater than ten percent (9010%) days after such damageor more of the replacement cost of the Leased Premises, then Landlord shall have the option to (i) repair or restore such damage forthwithdamage, in which event this Lease shall continue in full force and effect, effect but the Base Rent and Other Charges Additional Rent shall be proportionately reduced as provided in Section 18.1 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall not be no less than thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other ChargesAdditional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.

Uninsured Loss. If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord’s insurance coverage or if the insurance proceeds are not sufficient to cover the cost of repairs, Landlord shall forthwith repair the same provided the cost of repair is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord's ’s insurance coverage, or Landlord's insurance carrier has not determined whether if the insurance proceeds from Landlord's ’s insurance will be are not 0xx Xxxxx Lease made available to Landlord for the purpose of repairing the Leased Premises within ninety Premises, or, if the cost of repair is equal to or greater than ten percent (9010%) days after such damageor more of the replacement cost of the Leased Premises, then Landlord shall have the option to (i) repair or restore such damage forthwithdamage, in which event this Lease shall continue in full force and effect, effect but the Base Rent and Other Charges Additional Rent shall be proportionately reduced as provided in Section 18.1 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall not be no less than thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other ChargesAdditional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.

Uninsured Loss. If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord’s insurance coverage or if the insurance proceeds are not sufficient to cover the cost of repairs, Landlord shall forthwith repair the same provided the cost of repair is less than ten percent (10%) of the then replacement cost of the Leased Premises. If the Leased Premises are damaged as a result of a cause other than a peril covered by Landlord's ’s insurance coverage, or Landlord's insurance carrier has not determined whether if the insurance proceeds from Landlord's ’s insurance will be are not made available to Landlord for the purpose of repairing the Leased Premises within ninety (90Premises, or, if the cost of repair is equal to or greater than ten percent ( I0%) days after such damageor more of the replacement cost of the Leased Premises, then Landlord shall have the option to (i) repair or restore such damage forthwithdamage, in which event this Lease shall continue in full force and effect, effect but the Base Rent and Other Charges Additional Rent shall be proportionately reduced as provided in Section 18.1 16.1 above; or (ii) at any time within one hundred twenty (120) days after such damage give notice to Tenant of the termination of this Lease as of the date specified in such notice, which date shall not be no less than thirty (30) days after the date of such notice. If such notice is given, this Lease shall terminate and all interest of Tenant in and to the Leased Premises shall end on the date so specified in such notice and the Base Rent and Other ChargesAdditional Rent, reduced by a proportionate reduction, based upon the extent, if any, to which such damage materially interfered with the business carried on by Tenant in the Leased Premises, shall be paid up to date of such termination. If Landlord does not terminate the Lease under this Section 18.2, then Landlord shall be deemed to have elected to repair or restore such damage, which Landlord will undertake with all reasonable diligence. Notwithstanding anything in Sections 18.1 and 18.2 of this Lease to the contrary, if Landlord is required or elects to repair or restore the Leased Premises pursuant to Section 18.1 or 18.2 of this Lease, and if such repairs or restoration are not substantially completed within one (1) year of the date of the damage or destruction, then Tenant may elect to terminate this Lease by giving ninety (90) days' written notice thereof to Landlord; provided, however, if Landlord notifies Tenant that such repairs will or are likely to require more than one (1) year from the date of damage to substantially complete, then Tenant shall make the election to terminate this Lease within sixty (60) days of Landlord's notice. If Tenant does not elect to terminate this Lease within sixty (60) days of Landlord's notice, then Tenant shall be deemed to have waived and released its right to terminate this Lease pursuant to this Section and this Lease shall continue in full force and effect, subject to abatement of Rent as provided in Section 18.1 above and this Section 18.2.