AS POSSIBLE.
LANDLORD (OR AGENT, AS THE CASE MAY BE) SHALL USE ITS DILIGENT, GOOD FAITH
EFFORTS TO MAKE SUCH REPAIR OR RESTORATION PROMPTLY AND IN SUCH MANNER AS NOT TO
UNREASONABLY INTERFERE WITH TENANT'S USE AND OCCUPANCY OF THE PREMISES, BUT
LANDLORD OR AGENT SHALL NOT BE REQUIRED TO DO SUCH REPAIR OR RESTORATION WORK
EXCEPT DURING NORMAL BUSINESS HOURS OF BUSINESS DAYS.
PROVIDED THAT ANY DAMAGE
TO EITHER OR
15
BOTH OF THE PROPERTY AND THE PREMISES IS NOT DIRECTLY CAUSED BY, OR IS NOT THE
DIRECT RESULT OF ACTS OR OMISSIONS BY, ANY OR ALL OF TENANT AND TENANT'S
PARTIES, IF (I) THE PROPERTY IS DAMAGED BY FIRE OR OTHER CASUALTY THEREBY
CAUSING THE PREMISES TO BE INACCESSIBLE OR (II) THE PREMISES ARE PARTIALLY
DAMAGED BY FIRE OR OTHER CASUALTY, THE RENT SHALL BE PROPORTIONALLY ABATED TO
THE EXTENT OF ANY ACTUAL LOSS OF USE OF THE PREMISES BY TENANT.
18.2.
TOTAL DESTRUCTION.
IF THE PROPERTY OR THE PREMISES SHALL BE TOTALLY
DESTROYED BY FIRE OR OTHER CASUALTY, OR IF THE PROPERTY SHALL BE SO DAMAGED BY
FIRE OR OTHER CASUALTY THAT (IN THE REASONABLE OPINION OF A REPUTABLE CONTRACTOR
OR ARCHITECT DESIGNATED BY LANDLORD) ITS REPAIR OR RESTORATION OF THE PREMISES
REQUIRES MORE THAN ONE HUNDRED EIGHTY (180) DAYS, LANDLORD AND TENANT SHALL EACH
HAVE THE OPTION TO TERMINATE THIS LEASE (BY SO ADVISING THE OTHER, IN WRITING)
WITHIN THIRTY (30) DAYS AFTER SAID CONTRACTOR OR ARCHITECT DELIVERS WRITTEN
NOTICE OF ITS OPINION TO LANDLORD AND TENANT, BUT IN ALL EVENTS PRIOR TO THE
COMMENCEMENT OF ANY RESTORATION OF THE PREMISES OR THE PROPERTY BY LANDLORD.
ADDITIONALLY, IF THE DAMAGE OCCURS DURING THE LAST YEAR OF LEASE TERM, THEN
LANDLORD AND TENANT SHALL EACH HAVE THE OPTION TO TERMINATE THIS LEASE PURSUANT
TO THE NOTICE AND WITHIN THE TIME PERIOD ESTABLISHED PURSUANT TO THE IMMEDIATELY
PRECEDING SENTENCE.
IN THE EVENT OF A TERMINATION PURSUANT TO EITHER OF THE
PRECEDING TWO (2) SENTENCES, THE TERMINATION SHALL BE EFFECTIVE AS OF THE DATE
OF THE DESTRUCTION.
IF NEITHER LANDLORD NOR TENANT TIMELY DELIVERS A
TERMINATION NOTICE, THIS LEASE SHALL REMAIN IN FULL FORCE AND EFFECT.
NOTWITHSTANDING THE FOREGOING, IF (A) ANY HOLDER OF A MORTGAGE OR DEED OF TRUST
ENCUMBERING THE PROPERTY OR LANDLORD PURSUANT TO A GROUND LEASE ENCUMBERING THE
PROPERTY (COLLECTIVELY, "SUPERIOR PARTIES") OR OTHER PARTY ENTITLED TO THE
INSURANCE PROCEEDS FAILS TO MAKE SUCH PROCEEDS AVAILABLE TO LANDLORD IN AN
AMOUNT SUFFICIENT FOR RESTORATION OF THE PREMISES OR THE PROPERTY, OR (B) THE
ISSUER OF ANY COMMERCIAL PROPERTY INSURANCE POLICIES ON THE PROPERTY FAILS TO
MAKE AVAILABLE TO LANDLORD SUFFICIENT PROCEEDS FOR RESTORATION OF THE PREMISES
OR THE PROPERTY TO THE CONDITION EXISTING IMMEDIATELY PRIOR TO SUCH FIRE OR
OTHER CASUALTY, THEN LANDLORD SHALL PROMPTLY NOTIFY TENANT OF SUCH FACTS AND
LANDLORD MAY, AT LANDLORD'S SOLE OPTION, TERMINATE THIS LEASE BY GIVING TENANT
WRITTEN NOTICE TO SUCH EFFECT WITHIN THIRTY (30) DAYS AFTER LANDLORD RECEIVES
NOTICE FROM THE SUPERIOR PARTY OR INSURANCE COMPANY, AS