ONE HUNDRED FIFTY (150)
DAYS AFTER THE DATE OF SUCH FIRE OR OTHER CASUALTY, TENANT SHALL HAVE THE RIGHT,
BY WRITTEN NOTICE TO LANDLORD, TO TERMINATE THIS LEASE AND ALL RENT AND OTHER
SUMS PAYABLE BY TENANT HEREUNDER SHALL BE ACCOUNTED FOR AS BETWEEN LANDLORD AND
TENANT AS OF THAT DATE.
THIS LEASE SHALL REMAIN IN FULL FORCE AND EFFECT EXCEPT
THAT AN ABATEMENT OF BASE RENTAL AND ADDITIONAL RENTAL SHALL BE ALLOWED TENANT
FOR SUCH PART OF THE PREMISES AS SHALL BE RENDERED UNUSABLE BY TENANT IN THE
CONDUCT OF ITS BUSINESS DURING THE TIME SUCH PART IS SO UNUSABLE.
A TOTAL
DESTRUCTION OF THE BUILDING SHALL, AT THE OPTION OF LANDLORD, AUTOMATICALLY
TERMINATE THIS LEASE AS OF THE DATE OF SUCH DESTRUCTION.
15
10.02.
IF SUCH REPAIRS CANNOT, IN LANDLORD'S OPINION (AS SUPPORTED BY THE
REQUIRED ARCHITECT'S, CONTRACTOR'S OR CONSTRUCTION CONSULTANT'S WRITTEN
OPINION), BE MADE WITHIN ONE HUNDRED FIFTY (150) DAYS FOLLOWING THE DATE OF SUCH
FIRE OR OTHER CASUALTY, LANDLORD OR TENANT MAY ELECT TO TERMINATE THIS LEASE,
UPON WRITTEN NOTICE TO THE OTHER PARTY WITHIN FORTY-FIVE (45) DAYS AFTER THE
DATE OF SUCH FIRE OR OTHER, AND, IF THIS LEASE IS NOT SO TERMINATED, LANDLORD
SHALL
PROMPTLY COMMENCE TO REPAIR OR RESTORE SUCH DAMAGE. IN WHICH EVENT THIS
LEASE SHALL CONTINUE IN FULL FORCE AND EFFECT, BUT THE BASE RENTAL AND
ADDITIONAL RENTAL SHALL BE PARTIALLY ABATED AS PROVIDED IN SUBPARAGRAPH 10.01.
IF LANDLORD DOES NOT SO ELECT TO MAKE SUCH REPAIRS, LANDLORD AGREES TO USE ALL
REASONABLE EFFORTS TO COMPLETE SUCH REPAIRS IN A COMMERCIALLY REASONABLE PERIOD
OF TIME FOLLOWING THE DATE OF SUCH FIRE OR OTHER CASUALTY.
10.03.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, IF THE HOLDER OF
A "LANDLORD'S MORTGAGE" OR THE LESSOR UNDER A "LANDLORD'S GROUND LEASE" (AS
THOSE TERMS ARE DEFINED IN PARAGRAPH 28) REQUIRE THAT ANY MATERIAL PORTION OF
THE INSURANCE PROCEEDS FROM A CASUALTY LOSS BE PAID TO IT, THEN LANDLORD SHALL
HAVE THE OPTION TO CANCEL THIS LEASE AS OF THE DATE OF THE CASUALTY BY WRITTEN
NOTICE TO TENANT GIVEN WITHIN THIRTY (30) DAYS AFTER SAID HOLDER OR LESSOR
NOTIFIES LANDLORD THAT IT IS COLLECTING SUCH MATERIAL PORTION OF THE INSURANCE
PROCEEDS.
10.04.
IF THE PREMISES ARE TO BE REPAIRED UNDER THIS PARAGRAPH 10 BY LANDLORD,
LANDLORD'S OBLIGATION TO REPAIR THE PREMISES SHALL BE DISCHARGED UPON
RESTORATION OF THE PREMISES TO CONDITION REASONABLY COMPARABLE TO THAT EXISTING
IMMEDIATELY PRIOR TO THE OF THE CASUALTY EVENT (EXCEPT WITH RESPECT TO
IMPROVEMENTS INSTALLED BY TENANT OR AT TENANT'S SOLE COST).
TENANT SHALL PAY
ALL OTHER COSTS OF REPAIRING THE PREMISES AND SHALL BE RESPONSIBLE FOR CARRYING
SUCH CASUALTY INSURANCE WITH RESPECT TO SUCH OTHER TENANT IMPROVEMENTS AS SET
FORTH IN PARAGRAPH 11 HEREOF.
10.05.
IN THE EVENT THE PREMISES ARE DAMAGED BY FIRE, EARTHQUAKE, ACT OF GOD,
THE ELEMENTS OR OTHER CASUALTY WITHIN TWELVE (12) MONTHS OF-THE LAST DAY OF THE
LEASE TERM AND (I) IN THE REASONABLE OPINION OF LANDLORD'S ARCHITECT OR
CONSTRUCTION CONSULTANT, THE