Common use of Tenant Termination Right Clause in Contracts

Tenant Termination Right. If (a) Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, (b) the damage constitutes a Tenant Damage Event (as defined hereinbelow), and (c) the repair of such damage cannot, in the reasonable opinion of Landlord’s licensed contractor, as set forth in Landlord’s Damage Notice, be substantially completed within two hundred seventy (270) days after the date Landlord becomes aware of such damage, then Tenant may elect to terminate this Lease by delivering written notice thereof to Landlord within fifteen (15) days after Tenant’s receipt of Landlord’s Damage Notice. As used herein, a “Tenant Damage Event” shall mean damage to all or any part of the Premises or any Common Areas of the Building providing access to the Premises by fire or other casualty, which damage (i) is not the result of the gross negligence or willful misconduct of Tenant or any Tenant Affiliates, (ii) materially interferes with Tenant’s use of or access to the Premises and (iii) would entitle Tenant to an abatement of Base Rent and Tenant’s Share of Building Allocated Operating Expenses and pursuant to Section 15.1 above.