Common use of Excessive Damage or Destruction Clause in Contracts

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease as of the date such damage or destruction occurred, whereupon Landlord and Tenant (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Landlord is delayed from repairing and/or restoring the damage to the Premises within two hundred seventy (270) days after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below), Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease as of the date such damage or destruction occurred, whereupon Landlord and Tenant (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within Within forty-five (45) days after the date of the damage or destruction, Landlord shall deliver to Tenant written notice of its determination of the estimated time required, from and after the date of such damage or destruction, to fully repair or restore the damage or destruction of the Building (the "Estimated Restoration Period"). Landlord's determination of the Estimated Restoration Period shall be in its sole and absolute discretion and shall be binding on Tenant. If the Estimated Restoration Period is greater than one hundred eighty (180) days, either Landlord determines that or Tenant may terminate this Lease by giving written notice to the Building can be fully repaired or restored by other no later than ten (10) days after the Repair Datedate of Landlord's notice to Tenant of its determination of the Estimated Restoration Period. If the Estimated Restoration Period is greater than one hundred eighty (180) days, and neither Landlord nor Tenant terminate the Lease as permitted above, or if it the Estimated Restoration Period is determined that such repair equal to or restoration cannot be made by the Repair Date but Landlord does not elect to terminateless than one hundred eighty (180) days, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Subsequently, if Landlord is delayed or prevented from repairing and/or restoring the damage to the Premises within two the later of (i) thirty (30) days after the expiration of the Estimated Restoration Period or (ii) one hundred seventy eighty (270180) days after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below)destruction, Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction it cannotnot within Landlord’s reasonable discretion, with reasonable diligence, be fully repaired or restored by Landlord (including all Tenant Improvements other than property owned by Tenant, including, without limitation, Tenant’s furniture, fittings, installations, cabling, fixtures and personal property) within the earlier of (i) one two hundred eighty seventy (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease as of the date such damage or destruction occurred, whereupon Landlord and Tenant (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45270) days after the date of the damage or destruction, or (ii) the expiration of the Term hereof, Landlord shall notify Tenant of the date Landlord anticipates that such repairs will be complete (the “Maximum Restoration Period”) within thirty (30) days of the date of the damage or destruction; provided, that if Landlord is legally prohibited from having access to the Building after such damage or destruction, such thirty (30) day period shall be tolled one day for each date that Landlord is legally prohibited from accessing the Building. Within thirty (30) days of such notice, either Landlord or Tenant may terminate this Lease by written notice to the other. If Landlord determines that the Building can be fully repaired or restored by the Repair Datethis Lease is not so terminated, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If possible and if Landlord is delayed from repairing and/or restoring the damage to the Premises contemplates that such repairs will be completed within two hundred seventy (270) days after of the occurrence date of such the damage or destruction (subject to extension for Force Majeuredestruction, as described in Section 18.23 below), Landlord or Tenant may request in writing that Landlord notify Tenant of the anticipated length of the Maximum Restoration Period. If at any time thereafter after Landlord has commenced repairs on the Building, Landlord forms a good faith belief that Landlord will not be able to complete the repairs within the Maximum Restoration Period, Landlord shall send Tenant a notice estimating the additional period beyond the Maximum Restoration Period that will be necessary to complete repairs. If such additional period exceeds thirty (but prior 30) days beyond the end of the Maximum Restoration Period, then Tenant shall have, for a period of ten (10) calendar days after such notice, the right to the substantial completion of said repair and/or restoration by Landlord) elect to terminate this Lease by ten (10) days prior delivering written notice to Landlord. If Tenant elects to terminate, this Lease shall terminate as of the otherdate of Tenant’s notice. If Tenant does not timely elect to terminate, whereupon this Lease shall remain in full force and effect, and Landlord and Tenant shall (except complete repairs as otherwise expressly provided in this Lease) be released from any further obligations under this Leasesoon as reasonably practicable.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease as of the date such damage or destruction occurred, whereupon Landlord and Tenant (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall reasonably determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's reasonable determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Landlord is delayed from repairing and/or restoring the damage to the Premises within two hundred seventy (270) days after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below), Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.

Excessive Damage or Destruction. If the Building is or the Premises are damaged or destroyed to the extent that Landlord determines that such damage or destruction cannot, with reasonable diligence, be fully repaired or restored by Landlord by the earlier of (i) one hundred eighty (180) days after the date of the damage or destruction or (ii) the expiration of the Term hereof (either, as applicable, the "Repair Date"), Landlord may terminate this Lease as of the date such damage or destruction occurred, whereupon Landlord and Tenant (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall determine whether the Building can be fully repaired or restored by the Repair Date, and Landlord's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction. If Landlord determines that the Building can be fully repaired or restored by the Repair Date, or if it is determined that such repair or restoration cannot be made by the Repair Date but Landlord does not elect to terminate, then this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. If Landlord is delayed from repairing and/or restoring the damage to the Premises within two hundred seventy twelve (27012) days months after the occurrence of such damage or destruction (subject to extension for Force Majeure, as described in Section 18.23 below, which shall for the purposes of this Section 12.03 include but not be limited to delays caused by the insurance adjustment process), Landlord or Tenant may at any time thereafter (but prior to the substantial completion of said repair and/or restoration by Landlord) terminate this Lease by ten (10) days prior written notice to the other, whereupon Landlord and Tenant shall (except as otherwise expressly provided in this Lease) be released from any further obligations under this Lease.