Destruction Not Rendering Facility Unsuitable for Clause Samples

Destruction Not Rendering Facility Unsuitable for its Primary ------------------------------------------------------------- Use. If during the Term, the Leased Property is totally or partially --- destroyed from a risk covered by the insurance described in Article 13, but ---------- the Facility is not thereby rendered Unsuitable For Its Primary Intended Use, Tenant shall diligently restore the Facility to substantially the same condition as existed immediately before the damage or destruction; provided, however, Tenant shall not be required to restore Tenant's ----------------- Personal Property and/or any Tenant Improvements if failure to do so does not adversely affect the amount of Additional Rent payable hereunder. Such damage or destruction shall not terminate this Lease; provided further, ----------------- however, if Tenant and Landlord cannot within 12 months after said damage ------- obtain all necessary governmental approvals, including building permits, licenses, conditional use permits and any certificates of need, after diligent efforts to do so in order to be able to perform all required repair and restoration work and to operate the Facility for its Primary Intended Use in substantially the same manner as immediately prior to such damage or destruction, Tenant may terminate this Lease upon 30 days prior written notice to Landlord; provided further, however, if Landlord ------------------------- notifies Tenant in writing within fifteen (15) days of Landlord's receipt of Tenant's notice of termination that Landlord intends to restore the Facility to substantially the same condition as existed immediately before the damage and destruction and Landlord diligently commences and prosecutes such restoration and completes such restoration within ninety (90) days after the date of Tenant's notice of termination, then Tenant's election to terminate the Lease shall be deemed rescinded and the Lease shall remain in full force and effect. Notwithstanding Section 14.4 below, in the event ------------ Landlord elects to restore the Facility as provided in the immediately preceding sentence, during the period from the date of Tenant's notice of termination through the date the restoration of the Facility is completed, the Base Rent shall be deemed to be zero and Tenant's payment of Rent shall consist only of the payment of Additional Rent in accordance with Section 9 --------- of the Basic Lease Provisions and the Additional Charges as required by the Detailed Lease Provisions. Upon any such termination ...
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