Common use of UNTENANTABILITY Clause in Contracts

UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of sixty (60) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenant's fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense Tenant within one hundred eighty twenty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10120) days after the expiration date of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisessuch casualty. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall be apportioned expire on a per-diem basis to and including the effective date fifteen (15) days after the giving of such terminationnotice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. Except as provided in this ParagraphIn the event neither Landlord nor Tenant cancels the Lease, neither party hereto shall have the right within sixty (60) days and Landlord wishes to terminate this Lease by reason of damage to, or destruction ofeffect such restoration, the premises or the BuildingLandlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense.

UNTENANTABILITY. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within forty five (45) days after that occurrence. In the alternative, Landlord may elect to repair the building or the premises at the Landlord’s expense within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty ninety (18090) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day time when the premises or the building were made unfit for occupancy, by notice to the other party not later than thirty (30) days after expiration of such one hundred eighty said ninety (18090) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days’ written notice of damage to, or destruction of, the premises or the Buildingsuch termination.

UNTENANTABILITY. If (a) In the premises event the Premises, Building or the Building Project are made unfit for occupancy damaged by fire or other casualtyinsured casualty and the insurance proceeds have been made available therefore by the holder or holders of any mortgages or deeds of trust, acts the damage shall be repaired by and at the expense of GodLandlord to the extent of such insurance proceeds available therefore, provided such repairs can, in Landlord's reasonable opinion, be made within one hundred twenty (120) days after the occurrence of such damage without the payment of overtime or other causepremiums. From the date such damages occur until such repairs are completed, Lessor the rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business. If repairs cannot, in Landlord's sole opinion be made within one hundred twenty (120) days, Landlord may elect at its option make these within a reasonable time and, if agreed to by Tenant, this Lease shall continue in effect. In the case of repairs, which in Landlord's opinion cannot be made within one hundred twenty (a120) days Landlord shall notify Tenant within thirty (30) days of the date of occurrence of such damage as to terminate whether or not Landlord elects to make such repairs, and if no such notice is given, Landlord shall be deemed to have elected to make such repairs. If Landlord elects not to make such repairs or if said repairs cannot be made within one hundred twenty (120) days of notice, then either party may, by written notice to the other, cancel this Lease as of the date when of the premises or occurrence of such damage and Tenant must vacate the Building are so made unfit for occupancy, by written notice to Lessee Premises within ninety thirty (9030) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such terminationnotice. Except as provided in this ParagraphSection, neither party hereto there shall have the right to terminate this Lease be no abatement of rent and no liability of Landlord by reason of damage any injury to, damage or destruction ofinterference with Tenant's business or property arising from any such fire or other casualty or from the making or not making of any repairs, alterations or improvements in or to any portion of the premises Premises, Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant understands that Landlord will not carry insurance of any kind on Tenant's furniture or furnishings or on any fixtures or equipment removable by Tenant under the Buildingprovisions of this Lease and that Landlord shall not be obliged to repair any damage thereto or replace the same. Landlord shall not be required to repair any injury or damage caused by fire or other cause, or to make any repairs or replacements to or of improvements installed in the Premises by or for Tenant. (b) In the event that the Premises become untenantible through no fault or cause of Tenant, or Tenant's employees, agents and invitees, for a continuous period in excess of five (5) business days, Tenant's obligation to pay rent under this Agreement shall be abated from and after such five (5) business day period until such time as the Premises become tenantible.

UNTENANTABILITY. If In the event the premises or the Building are made unfit for occupancy building in which the premises is located is damaged by fire or other casualty, acts Landlord shall forthwith repair the same provided such repairs can be made within sixty (60) days under the laws and regulations of Godthe state, or other causefederal, Lessor may elect county and municipal authorities and this lease shall remain in full force and effect except that Tenant shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the premises. If such repairs cannot be made within sixty (60) days, Landlord shall have the option to either (a) repair and restore such damage, this lease continuing in full force and effect, but the rent to terminate be proportionately reduced as hereinabove in this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that dateParagraph 16 provided, or (b) give notice to repair, restore, or rehabilitate the premises or the Building Tenant at Lessor's expense any time within one hundred eighty thirty (18030) days after Lessor is enabled such damage terminating this lease as of a date to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repairbe specified in such notice, restore, or rehabilitate the premises or the Building, this Lease which date shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under less than thirty (b30) above and shall not substantially complete the work within said one hundred eighty days nor more than sixty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (1060) days after the expiration giving of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisessuch notice. In the event of termination the giving of such notice, this Lease pursuant lease shall terminate on such date so specified in such notice and the rent, reduced by any proportionate reduction based upon the extent, if any, to this Paragraphwhich same damage interfered with the business carried on by Tenant in the premises, rent shall be apportioned on a per-diem basis paid up to and including the effective date of such termination, Landlord agreeing to refund to Tenant any rent theretofore paid for any period of time subsequent to such date. Except as provided Landlord shall not be required to repair any injury or damage by fire or other cause to the property of Tenant, or to make any repairs or replacement of any panelling, decorations, partitions, railing, ceilings, floor covering, or any improvements installed on the premises by Tenant. During the last twelve (12) months of the term of this Lease in this Paragraphthe event that the premises are damaged to such extent that they cannot reasonably be repaired and restored within six (6) months following the casualty, neither party hereto then Tenant shall have the right to terminate this Lease by reason written notice given to Landlord not later than thirty (30) days after such casualty. The provisions of damage toSection 1932, or destruction ofSubdivision 2, and 1933, Subdivision 4 of the premises or the BuildingCivil Code of California are hereby waived by Tenant.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualtycasualty the Rent, acts until repairs shall be made or the lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the fault or negligence of the Tenant, its contractors, agents, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent employees. If such damage shall be abated on a per-diem basis so extensive that the Premises cannot be restored to the extent and for same or better quality condition than the condition prior to the fire or other casualty by the Landlord within a period that of three (3) months, either party shall have the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate right to cancel this Lease, as of the last day of such one hundred eighty (180) day period, lease by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day period, computed as herein provided, and Lessor such damage; except that if such fire or casualty resulted from the Tenant's fault or negligence the Tenant shall have no liability right to Lessee for failure cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to restorealter the Building or Premises materially, repair, or rehabilitate the premisesLandlord may cancel this lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the term of this lease. If this lease is not terminated, the Landlord will promptly repair the damage at the Landlord's expense. Landlord shall not be obligated to repair, restore or replace any fixture improvement, alteration, furniture, personal property, decorations or other property owned installed or made by Tenant, all of which shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease repaired restored or replaced by reason of damage to, or destruction of, the premises or the BuildingTenant.

UNTENANTABILITY. If the premises Premises or the Building shall be partially damaged by fire or other casualty, this Lease shall remain in full force and effect and the damage to the Premises or the Building shall be repaired by Landlord as soon as practicable under the circumstances. Until such repairs shall be made, Base Rent and other charges shall be abated on a per diem basis proportionate to the extent and for the period that the Premises are unfit for occupancy or cannot be used, as the case may be. If all or substantially all of the Premises or the Building are damaged or made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor Landlord may elect elect: (ai) to terminate this Lease as of the date when the premises Premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety (90) days after that such date, or or; (bii) to repair, restore, restore or rehabilitate the premises Premises or the Building Building, at LessorLandlord's expense expense, within one hundred eighty (180) days after Lessor Landlord is enabled to take in possession of all damaged areas insurance proceeds and to undertake necessary permits for reconstruction or repairs; and if Lessor repair. If Landlord elects so to repair, restore, restore or rehabilitate the premises Premises or the Building, this Lease shall not terminate, but rent until such repairs shall be made, Base Rent and other charges shall be abated on a per-per diem basis proportionate to the extent and for the period that the premises Premises or the Building are unfit for occupancyoccupancy or cannot be used, as the case may be. In the event Lessor If Landlord shall proceed under clause (bii) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of LessorLandlord) either Lessor Landlord or Lessee Tenant may then terminate this Lease, as of the last day of such one hundred eighty (180) day perioddate when the Premises or the Building were so made unfit for occupancy, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of a termination of this Lease pursuant to this ParagraphSection 17, rent Base Rent shall be apportioned on a per-per diem basis to and including the effective date of such termination. Except as provided Landlord shall incur no liability on account of any delay in this Paragraph, neither party hereto shall have the right completion of any repairs to terminate this Lease be made by Landlord which may arise by reason of damage toadjustment of insurance, labor difficulties, or destruction of, the premises or the Buildingany other cause beyond Landlord's control.

UNTENANTABILITY. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within ninety (90) days after that dateoccurrence. In the alternative, Landlord may elect to repair the building or (b) to repair, restore, or rehabilitate the premises or at the Building at LessorLandlord's expense within one hundred eighty (180) days after Lessor the Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty (180) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day of such one hundred eighty (180) day periodtime when the premises or the building were made unfit for occupancy, by written notice to the other party not later than ten thirty (1030) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days' written notice of damage to, or destruction of, the premises or the Buildingsuch termination.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualtycasualty the Rent, acts until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per them basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty be not caused by the fault or negligence of the Tenant, its contractors, agents, or other causeemployees. If such damage shall be so extensive that the Premises cannot be restored to Building Standard by the Landlord within a period of four (4) months, Lessor may elect (a) either party shall have the right to terminate cancel this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten given at any time within thirty (1030) days after the expiration date of said one hundred eighty (180) day periodsuch damage, computed as herein provided, and Lessor except that if such fire or casualty resulted from the Tenant's fault or negligence the Tenant shall have no liability right to Lessee for failure cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to restorealter the Premises materially, repair, or rehabilitate the premisesLandlord may cancel this Lease by notice to the Tenant given at any time within thirty (30) days after the date of such damage. In the event of termination of this Lease giving effective notice pursuant to this ParagraphSection, rent this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinbefore set for the expiration of the Term of this Lease. If this Lease is not so terminated, the Landlord will promptly repair the damage; however, no damage, compensation, or claim shall be apportioned on a per-diem basis to and including payable by Landlord for any inconvenience, loss of business or annoyance arising from the effective date fire or casualty or from any repair or restoration of such termination. Except as provided in this Paragraph, neither party hereto shall have any portion of the right to terminate this Lease by reason of damage to, or destruction of, the premises Premises or the Building.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole or in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of one hundred eighty (180) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenants fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety one hundred twenty (90120) days after that datethe date of such casualty. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. In the even neither Landlord not Tenant cancels the Lease, or (b) if in the Landlord's opinion the Premises can be restored to repair, restore, or rehabilitate the premises or the Building at Lessor's expense tenantability within one hundred eighty (180) days after Lessor is enabled and Landlord wishes to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of effect such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction ofrestoration, the premises or the Building.Landlord shall,

UNTENANTABILITY. If the premises Premises or the Building are made unfit for occupancy or any substantial part of either is damaged or destroyed by fire or other casualty, acts of Godcause or condition whatsoever, such that the damage or other causedestruction cannot be repaired within one hundred fifty (150) days, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancyLandlord may, by written notice to Lessee Tenant given within ninety thirty (9030) days after that datesuch damage, terminate this Lease as to all the Premises covered by this Lease. If the Premises are damaged or the access or use thereof is materially impaired by the damage, then Landlord's termination shall be effective as of the date of such damage; otherwise said termination shall be effective thirty (30) days after receipt of such notice by Tenant. Landlord agrees to give notice (the "Repair Notice") to Tenant within twenty (20) days after Tenant notifies Landlord of any such fire or other casualty and requests a Repair Notice; the Repair Notice will state the time Landlord requires to repair and restore the Premises and/or Building and will contain either a promise by Landlord to complete the repairs and restoration within such time (subject to force majeure), or (b) a statement by Landlord that it elects to repair, restore, or rehabilitate terminate by reason of the premises or the Building at Lessor's expense damage not being repairable within one hundred eighty fifty (180150) days after Lessor days. If the Repair Notice is enabled not given by Landlord within the time required or does not contain a promise by Landlord to take possession of all damaged areas complete such repairs and to undertake reconstruction or repairs; and if Lessor elects so to repairrestoration within the Required Time (as defined below), restore, or rehabilitate the premises or the Building, Tenant may terminate this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to Landlord provided that Tenant gives such notice within thirty (30)days after expiration of the other not later than ten twenty (1020) day period specified above. The "Required Time" means one hundred twenty (120) days after with respect to any damage that renders thirty percent (30%) or less of the expiration of said Premises unstable for the purposes contemplated herein and one hundred eighty fifty (180150) day perioddays for any other damage. If Landlord fails to complete repairs and restoration within the time stated in the Repair Notice to Tenant other than as a result of force majeure, computed as herein Tenant shall be entitled to terminate this Lease by written notice given to Landlord before the applicable repairs and restoration are complete; provided, and Lessor shall have no liability to Lessee for failure to restorehowever, repair, or rehabilitate the premises. In the event of termination of that before terminating this Lease pursuant to this Paragraphsentence, rent shall be apportioned on a per-diem basis Tenant must first give Landlord at least fifteen (15) days’ notice of Tenant's intention to terminate. If within such fifteen (15) day period, Landlord completes the repairs and including the effective date restoration required of such termination. Except as provided in this Paragraphit, neither party hereto Tenant shall have the no further right to terminate this Lease pursuant to the preceding sentence. Unless this Lease is terminated as hereinabove provided, Landlord shall proceed with due diligence to restore, repair and replace the Premises and Building to substantially the same condition as they were in as of the Commencement Date of this Lease and from and after the date of such damage until the date of completion of said repairs, replacements and restorations, a just proportion of Rent herein shall ▇▇▇▇▇ according to the extent the full use and enjoyment of the Premises are materially impaired by reason of damage tosuch damage. Landlord shall be under no duty to restore any alterations, improvements or destruction ofadditions made by Tenant. Landlord's obligations under this Section shall be limited to the extent of insurance proceeds payable as a result of the casualty, the premises cause or the Buildingcondition.

UNTENANTABILITY. If the premises Demised Premises or the Building building in which they are located are made unfit for occupancy by the elements, fire or other casualty, acts of God, or other cause, Lessor the Landlord may elect (a) to terminate this Lease as of the date time when the premises or the Building building are so made unfit for occupancy, by written notice to Lessee the Tenant within forty five (45) days after that occurrence. In the alternative, Landlord may elect to repair the building or the premises at the Landlord's expense within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor Landlord is enabled to take possession of all the damaged areas premises and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, in which event this Lease shall not terminate, but rent shall be abated on a per-per diem basis to the extent and basis, prorata, for the period that portion of the premises are Demised Premises rendered unfit for occupancy. In If the event Lessor shall proceed under (b) above Landlord elects to so repair, restore or rehabilitate the building or the premises and shall does not substantially complete compete the work within said one hundred eighty ninety (18090) day period (days period, excluding from said period loss of time resulting from delays caused by the delay beyond the reasonable control of Lessor) the Landlord, then either Lessor or Lessee party may then terminate this Lease, Lease as of the last day time when the premises or the building were made unfit for occupancy, by notice to the other party not later than thirty (30) days after expiration of such one hundred eighty said ninety (18090) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premisesso computed. In the event of termination of this the Lease pursuant to this Paragraphsection, rent rent, including any escalation thereof, shall be apportioned on a per-per diem basis and shall be paid to and including the effective date of such termination. Except as provided Anything herein stated to the contrary notwithstanding, in this Paragraphthe event that the building in which the Demised Premises are located shall be damaged in any way whatsoever, neither party hereto and the estimated cost of repairing such damage shall exceed one-half (1/2) of the value of the building at the time of the happening of such damage by reason of such damage, the Landlord may decide to demolish said building and rebuild the same and, in such event, the Landlord shall have the right to terminate this Lease by reason giving to the Tenant thirty (30) days' written notice of damage to, or destruction of, the premises or the Buildingsuch termination.

UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that date, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's ’s expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.

UNTENANTABILITY. If the premises or the Building are made unfit for occupancy by fire or other casualty, acts of God, or other cause, and cannot be repaired within ninety (90) days, either Lessee or Lessor may elect (a) to terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee within ninety (90) days after that datethe other party, or (b) to repair, restore, or rehabilitate the premises or the Building at Lessor's expense within one hundred eighty (180) days after Lessor is enabled to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction of, the premises or the Building.

UNTENANTABILITY. If the premises or the Building Premises are made unfit for occupancy untenantable in whole of in part by fire or other casualty, acts the Rent, until repairs shall be made or the Lease terminated as hereinafter provided, shall be apportioned on a per diem basis according to the part of Godthe Premises which is usable by the Tenant, if, but only if, such fire or other casualty was not caused by the fault or negligence of the Tenant, its contractors, agents, or employees. If such damage shall be so extensive that the Premises cannot be restored to tenantability by the Landlord within a period of one hundred eighty (180) days, either party shall have the right to cancel this Lease by notice to the other causegiven at any time within sixty (60) days after the date of such damage; except that if such fire or casualty resulted from the Tenant's fault or negligence, Lessor the Tenant shall have no right to cancel. If a portion of the Building other than the Premises shall be so damaged that in the opinion of the Landlord the Building should be restored in such a way as to alter the Premises materially, the Landlord may elect cancel this Lease by notice to the Tenant given at any time within sixty (a60) to days after the date of such damage. If more than twenty-five percent (25%) of the Building is made untenantable by fire or other casualty (regardless of whether the Premises are untenantable), Landlord may terminate this Lease as of the date when the premises or the Building are so made unfit for occupancy, by written notice to Lessee Tenant within ninety one hundred twenty (90120) days after that datethe date of such casualty. In the event of giving effective notice pursuant to this Section, this Lease and the term and the estate hereby granted shall expire on the date fifteen (15) days after the giving of such notice as fully and completely as if such date were the date hereinafter set for the expiration of the term of this Lease. In the even neither Landlord not Tenant cancels the Lease, or (b) if in the Landlord's opinion the Premises can be restored to repair, restore, or rehabilitate the premises or the Building at Lessor's expense tenantability within one hundred eighty (180) days after Lessor is enabled and Landlord wishes to take possession of all damaged areas and to undertake reconstruction or repairs; and if Lessor elects so to repair, restore, or rehabilitate the premises or the Building, this Lease shall not terminate, but rent shall be abated on a per-diem basis to the extent and for the period that the premises are unfit for occupancy. In the event Lessor shall proceed under (b) above and shall not substantially complete the work within said one hundred eighty (180) day period (excluding from said period loss of time resulting from delays beyond the reasonable control of Lessor) either Lessor or Lessee may then terminate this Lease, as of the last day of effect such one hundred eighty (180) day period, by written notice to the other not later than ten (10) days after the expiration of said one hundred eighty (180) day period, computed as herein provided, and Lessor shall have no liability to Lessee for failure to restore, repair, or rehabilitate the premises. In the event of termination of this Lease pursuant to this Paragraph, rent shall be apportioned on a per-diem basis to and including the effective date of such termination. Except as provided in this Paragraph, neither party hereto shall have the right to terminate this Lease by reason of damage to, or destruction ofrestoration, the premises or the BuildingLandlord shall, promptly after adjustment of any relevant insurance claims, commence such restoration at Landlord's expense.