OR NATURE (A "CASUALTY") THEN, UNLESS THIS LEASE IS
TERMINATED AS HEREINAFTER PROVIDED IN THIS SECTION 6.3(A) OR
SECTION 6.3(B) BELOW, LANDLORD SHALL PROCEED TO REBUILD OR RESTORE THE DAMAGED
PROPERTY AT LANDLORD'S SOLE COST AND EXPENSE; PROVIDED, THAT, IN NO EVENT SHALL
DAMAGED PROPERTY INCLUDE, NOR SHALL LANDLORD OR TENANT HAVE ANY OBLIGATION TO
REBUILD OR RESTORE, ANY OF TENANT'S PROPERTY OR THE TRADE FIXTURES OR PERSONAL
PROPERTY OF OTHER TENANTS OR OCCUPANTS. SUCH REBUILDING AND RESTORATION WORK
REQUIRED OF LANDLORD IS HEREIN COLLECTIVELY CALLED "LANDLORD'S RESTORATION
WORK".
IF ANY CASUALTY SHALL RENDER THE LEASED PREMISES COMPLETELY OR PARTIALLY
UNTENANTABLE FOR ANY PERIOD (REGARDLESS OF WHETHER THE DAMAGED PROPERTY INCLUDES
ANY PART OF THE LEASED PREMISES), THEN ALL RENT SHALL BE ABATED IN THE
PROPORTION THAT THE UNTENANTABLE AREA OF THE LEASED PREMISES BEARS TO THE TOTAL
AREA OF THE LEASED PREMISES FOR THE PERIOD OF SUCH UNTENANTABILITY. THE TERM
"UNTENANTABLE", WHEN USED WITH RESPECT TO THE LEASED PREMISES, OR ANY PORTION
THEREOF, SHALL MEAN THAT THE LEASED PREMISES, OR SUCH PORTION THEREOF, IS NOT
REASONABLY CAPABLE OF BEING USED (AND, IN FACT, IS NOT USED) BY TENANT OR ANY
TENANT PARTY THERETOFORE OCCUPYING THE SAME FOR THE PURPOSES DEMISED HEREUNDER.
WITHIN THIRTY (30) DAYS FOLLOWING ANY CASUALTY, LANDLORD SHALL CAUSE TO BE
PREPARED AND DELIVERED TO TENANT AN ESTIMATE OF THE DATE BY WHICH THE LANDLORD'S
RESTORATION WORK NECESSITATED BY CASUALTY SHALL BE COMPLETED (WHICH ESTIMATE
SHALL BE PREPARED BY AN INDEPENDENT REPUTABLE CONTRACTOR, REGISTERED ARCHITECT
OR LICENSED PROFESSIONAL ENGINEER DESIGNATED BY LANDLORD, AND REASONABLY
APPROVED BY TENANT) (SUCH ESTIMATE BEING HEREIN CALLED THE "LRW ESTIMATE"). IF
THE LRW ESTIMATE IS A DATE LATER THAN THE DATE THAT IS EIGHTEEN (18) MONTHS
AFTER THE DATE OF THE CASUALTY, THEN TENANT MAY TERMINATE THIS LEASE BY GIVING
LANDLORD NOTICE TO SUCH EFFECT WITHIN THIRTY (30) DAYS AFTER THE LRW ESTIMATE IS
DELIVERED TO TENANT (AND IN THE EVENT OF SUCH TERMINATION, THE RENT SHALL BE
PRORATED AND ADJUSTED AS OF THE DATE OF SUCH TERMINATION, SUBJECT TO THE
ABATEMENT PROVISIONS HEREIN-ABOVE SET FORTH).
(B)
IN THE CASE OF A CASUALTY RESULTING IN QUALIFIED DAMAGE, LANDLORD
MAY ELECT TO TERMINATE THIS LEASE ON ACCOUNT THEREOF BY DELIVERING WRITTEN
NOTICE TO TENANT WITHIN FORTY-FIVE (45) DAYS AFTER THE DATE OF THE CASUALTY;
PROVIDED, THAT LANDLORD THERETOFORE (OR THEREWITH) ALSO TERMINATES ALL OTHER
SIMILARLY AFFECTED LEASES IN THE BUILDING. AS USED HEREIN, A "QUALIFIED DAMAGE"
SHALL MEAN ANY ONE OR MORE OF THE FOLLOWING:
(i)
Damage to the Building to an extent greater than fifty percent
(50%) of the replacement cost of the Building, above the foundation, and such
damage or destruction shall be caused by a risk covered by insurance maintained
or required to be maintained (whether or not actually maintained) by Landlord
pursuant to this Lease (i.e., an "insurable risk").
(ii)
Damage to the Building, resulting from a risk other than an
insurable risk, to an extent greater than twenty-five percent (25%) of the
replacement cost of the Building, above