AND DOES NOT PROVIDE TENANT WITH NOTICE THEREOF
WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE ON WHICH LANDLORD BECOMES AWARE OF
SUCH EVENT OR CIRCUMSTANCE, THEN ANY PERIOD OF TIME BETWEEN THE DATE ON WHICH
SUCH FIVE (5) BUSINESS DAY PERIOD EXPIRES AND THE DATE UPON WHICH LANDLORD DOES
PROVIDE SUCH NOTICE TO TENANT SHALL NOT BE CONSIDERED PART OF SUCH TENANT DELAY;
PROVIDED, FURTHER, HOWEVER, THAT NO SUCH NOTICE AND CURE PERIOD SHALL BE
REQUIRED IF SUCH DELAY IS WITH RESPECT TO INTERFERENCE WITH THE LANDLORD'S
CONSTRUCTION ACTIVITIES AND LANDLORD HAS PREVIOUSLY NOTIFIED TENANT OF SIMILAR
TENANT DELAYS.
19.3.3
NOTWITHSTANDING THE FOREGOING, TENANT SHALL HAVE NO RIGHT TO
TERMINATE THIS LEASE FOR ANY SUCH DEFAULT BY LANDLORD, AND IN NO EVENT SHALL
LANDLORD BE LIABLE FOR LOSS OF PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM ANY SUCH DEFAULT.
19.3.4
NOTWITHSTANDING ANY PROVISION OF THIS LEASE TO THE CONTRARY, IF
(A) THE SUBSTANTIAL COMPLETION DATE IS DELAYED AS A RESULT OF FORCE MAJEURE FOR
A PERIOD OF FIVE (5) YEARS OR MORE AFTER THE DATE UPON WHICH LANDLORD PROVIDED
NOTICE TO TENANT OF SUCH FORCE MAJEURE; (B) A TEMPORARY TAKING OF THE PREMISES,
AS DESCRIBED IN SECTION 21.4, SHALL HAVE OCCURRED PRIOR TO THE SUBSTANTIAL
COMPLETION DATE AND SHALL HAVE LASTED FOR A PERIOD OF FIVE (5) YEARS OR MORE AND
SUCH FIVE (5) YEAR PERIOD EXPIRES PRIOR TO THE SUBSTANTIAL COMPLETION DATE; OR
(C) TENANT'S OBLIGATION TO PAY BASE MONTHLY RENTAL HAS ABATED DOWN TO ZERO
DOLLARS ($) UNDER SECTION 19.3.2 FOR A PERIOD OF FIVE (5) YEARS OR MORE, THEN,
IN EACH CASE (A) EITHER PARTY MAY TERMINATE THIS LEASE UPON THE EXPIRATION OF
SUCH FIVE (5) YEAR PERIOD BY DELIVERY OF WRITTEN NOTICE OF SUCH TERMINATION TO
THE OTHER PARTY, AND (B) PROVIDED THAT THE EVENT GIVING RISE TO SUCH FORCE
MAJEURE, TEMPORARY TAKING OR ABATEMENT (AS THE CASE MAY BE) WAS NOT CAUSED BY
ANY ACT OR OMISSION OF TENANT, UPON SUCH TERMINATION LANDLORD WILL IMMEDIATELY
RETURN TO TENANT ANY BASE MONTHLY RENTAL PREVIOUSLY PAID BY TENANT TO LANDLORD
UNDER THIS LEASE, PLUS INTEREST THEREON AT LIBOR IF LANDLORD HAS HELD SUCH BASE
MONTHLY RENTAL PAYMENTS FOR LONGER THAN TWELVE (12) MONTHS PRIOR TO SUCH
TERMINATION.
UPON ANY TERMINATION UNDER THIS SECTION 19.3.4, THE LEASE SHALL BE
FULLY AND FINALLY SURRENDERED AND TERMINATED AND SHALL NO LONGER BE OF ANY FORCE
OR EFFECT, EXCEPT FOR THOSE PROVISIONS THAT, BY THEIR EXPRESS TERMS, SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THE LEASE.
36
ARTICLE 20
DAMAGE OR DESTRUCTION
20.1
Landlord's Obligation to Rebuild.
If the Premises are partially or
completely damaged or destroyed by fire or other perils (as opposed to ordinary
wear and tear in which case Tenant's obligations under Article 11 shall apply),
Landlord shall promptly and diligently rebuild and restore the Premises unless
it has the right to terminate this Lease as provided in Section 20.2 below and
it elects to so terminate.
For purposes of this Section 20.1, "Premises"