TENANT'S RECEIPT OF THE RESTORATION
ESTIMATE.
IN ANY CASE WHERE THE RESTORATION ESTIMATE DOES NOT GIVE RISE TO A
TERMINATION RIGHT AS AFORESAID (AS WELL AS ANY CASE WHERE TENANT DOES NOT ELECT
TO EXERCISE ITS TERMINATION RIGHT AS AFORESAID), TENANT SHALL HAVE THE RIGHT TO
TERMINATE THIS LEASE, IF FOR ANY REASON, LANDLORD'S RESTORATION WORK IS NOT
COMPLETED WITHIN A PERIOD ENDING THREE (3) MONTHS AFTER THE ESTIMATED DATE, WITH
SUCH PERIOD SUBJECT TO EXTENSION FOR FORCE MAJEURE (PROVIDED THAT FORCE MAJEURE
SHALL NOT INCLUDE SHORTAGES IN LABOR OR MATERIALS FOR WHICH COMMERCIALLY
REASONABLE ALTERNATIVES WERE AVAILABLE TO LANDLORD).
TENANT MAY EXERCISE THE
TERMINATION RIGHT DESCRIBED IN THE PRECEDING SENTENCE BY DELIVERING WRITTEN
NOTICE THEREOF TO LANDLORD AT ANY TIME FOLLOWING THE END OF SUCH PERIOD AND
PRIOR TO THE DATE LANDLORD COMPLETES LANDLORD'S RESTORATION WORK.
IF TENANT OR
LANDLORD TERMINATES THIS LEASE AS PROVIDED IN THIS PARAGRAPH 21.02, THEN SUCH
TERMINATION SHALL BE EFFECTIVE ON THE DATE SPECIFIED IN THE NOTICE OF
TERMINATION, BUT NO LATER THAN TWELVE (12) MONTHS AFTER THE DATE OF SUCH NOTICE,
AS IF SAID DATE WERE THE DATE FIXED FOR THE EXPIRATION OF THE TERM, PROVIDED
THAT AS TO ANY PORTION OF THE PREMISES WHICH IS NOT RENDERED UNTENANTABLE BY THE
CASUALTY, EITHER PARTY SHALL GIVE THE OTHER NOT LESS THAN TWELVE (12) MONTHS
ADVANCE NOTICE OF TERMINATION.
21.03
DAMAGE LATE IN THE TERM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED ABOVE, IN THE EVENT OF DAMAGE TO THE PREMISES OCCURRING DURING THE
LAST TWELVE (12) MONTHS OF THE TERM OF THIS LEASE AS THEN IN EFFECT (INCLUDING A
RENEWAL TERM, IF TENANT HAS PREVIOUSLY VALIDLY EXERCISED THE RESPECTIVE RENEWAL
OPTION), EITHER LANDLORD OR TENANT MAY, WITHIN THIRTY (30) DAYS AFTER THE DATE
OF THE CASUALTY BY WRITTEN NOTICE TO THE OTHER, ELECT TO TERMINATE THIS LEASE AS
TO THE PORTION OF THE PREMISES RENDERED UNTENANTABLE OR, AS TO ANY BUILDING
FIFTY PERCENT (50%) OR MORE OF WHICH IS RENDERED UNTENANTABLE, THE ENTIRE SUCH
BUILDING.
IF THIS LEASE IS SO TERMINATED AS TO LESS THAN ALL OF THE PREMISES,
THE RENT HEREUNDER SHALL BE REDUCED FOR THE REMAINDER OF THE TERM IN PROPORTION
TO THE REMAINING PREMISES COVERED BY THIS LEASE.
21.04
ABATEMENT.
IN THE EVENT LANDLORD IS REQUIRED TO REPAIR AND RESTORE
THE DAMAGED PORTIONS OF THE PROJECT FOLLOWING A CASUALTY EVENT, THE MONTHLY
INSTALLMENTS OF RENT SHALL BE ABATED PROPORTIONATELY IN THE RATIO WHICH TENANT'S
USE OF THE PREMISES IS IMPAIRED FROM THE DATE OF THE CASUALTY AND CONTINUING
DURING THE PERIOD OF SUCH REPAIR OR RESTORATION.
EXCEPT AS EXPRESSLY PROVIDED
IN THE IMMEDIATELY PRECEDING SENTENCE WITH RESPECT TO ABATEMENT OF RENT, TENANT
SHALL HAVE NO CLAIM AGAINST LANDLORD FOR, AND HEREBY RELEASES LANDLORD AND
LANDLORD'S AGENTS FROM RESPONSIBILITY FOR AND WAIVES ITS ENTIRE CLAIM OF
RECOVERY FOR ANY COST, LOSS OR EXPENSE SUFFERED OR INCURRED BY TENANT AS A
RESULT OF ANY DAMAGE TO OR DESTRUCTION OF THE PREMISES OR THE PROJECT OR THE
REPAIR OR RESTORATION THEREOF, INCLUDING, WITHOUT LIMITATION,