UNTENANTABLE; PROVIDED, HOWEVER, THAT SHOULD TENANT REOCCUPY A PORTION
OF THE DEMISED PREMISES FOR THE CONDUCT OF ITS BUSINESS AS TO WHICH THE
ABATEMENT IS IN EFFECT DURING THE PERIOD THE RESTORATION WORK IS TAKING PLACE
AND PRIOR TO THE DATE THAT THE WHOLE OF SAID DEMISED PREMISES ARE MADE
TENANTABLE AND ACCESSIBLE, BASIC ANNUAL RENT AND ADDITIONAL RENT ALLOCABLE TO
SUCH PORTION SHALL BE PAYABLE BY TENANT FROM THE DATE OF SUCH OCCUPANCY.
10.03
IF THE BUILDING SHALL BE SO DAMAGED OR DESTROYED BY FIRE OR OTHER
CAUSE (WHETHER OR NOT THE DEMISED PREMISES ARE DAMAGED OR DESTROYED) AS TO
REQUIRE A REASONABLY ESTIMATED EXPENDITURE MADE BY LANDLORD OR A REPUTABLE
CONTRACTOR DESIGNATED BY LANDLORD OF MORE THAN TWENTY PERCENT (20%) OF THE FULL
INSURABLE VALUE OF THE BUILDING IMMEDIATELY PRIOR TO THE CASUALTY (OR TEN
PERCENT (10%) IF SUCH CASUALTY OCCURS DURING THE LAST TWO YEARS OF THE TERM)
THEN, SO LONG AS LANDLORD TERMINATES ALL OTHER LEASES IN THE BUILDING AS TO
WHICH LANDLORD HAS SUCH RIGHT OF TERMINATION, LANDLORD MAY TERMINATE THIS LEASE
BY GIVING TENANT NOTICE TO SUCH EFFECT WITHIN ONE HUNDRED EIGHTY (180) DAYS
AFTER THE DATE OF THE CASUALTY AND UPON SUCH NOTICE THIS LEASE AND THE ESTATE
HEREBY GRANTED, WHETHER OR NOT THE TERM SHALL HAVE THERETOFORE COMMENCED, SHALL
TERMINATE AS IF THAT DATE WAS THE EXPIRATION DATE.
IN CASE OF ANY DAMAGE OR
DESTRUCTION MENTIONED IN THIS ARTICLE 10 WITH RESPECT TO THE BUILDING WHICH
LANDLORD IS REQUIRED TO REPAIR AND RESTORE, WITHIN 90 DAYS AFTER THE DATE OF
SUCH DAMAGE, LANDLORD SHALL CAUSE AN INDEPENDENT CONTRACTOR OR ENGINEER TO
DELIVER ITS WRITTEN ESTIMATE OF THE TIME FOR SUCH REPAIR AND RESTORATION.
LANDLORD SHALL SEND TENANT A COPY OF SUCH WRITTEN ESTIMATE.
TENANT MAY
TERMINATE THIS LEASE BY NOTICE TO LANDLORD IF (A) SUCH ESTIMATED TIME SHALL
EXCEED TWELVE (12) MONTHS AFTER THE DATE OF SUCH DAMAGE OR (B) LANDLORD HAS NOT
COMPLETED THE MAKING OF THE REQUIRED REPAIRS AND RESTORATIONS WITHIN TWELVE (12)
MONTHS AFTER THE DATE OF SUCH DAMAGE OR DESTRUCTION, OR WITHIN SUCH PERIOD AFTER
SUCH DATE (NOT EXCEEDING THREE (3) MONTHS) AS SHALL EQUAL THE AGGREGATE PERIOD
LANDLORD MAY HAVE BEEN DELAYED IN DOING SO BY FORCE MAJEURE CAUSES (AS DEFINED
IN ARTICLE 34).
TENANT'S RIGHT TO TERMINATE THIS LEASE PURSUANT TO CLAUSE
(A) SHALL BE CONDITIONED UPON TENANT EXERCISING SUCH RIGHT OF TERMINATION WITHIN
FIFTEEN (15) BUSINESS DAYS AFTER RECEIPT OF THE ESTIMATE (AS TO WHICH DATE TIME
SHALL BE OF THE ESSENCE).
39
10.04
NO DAMAGES, COMPENSATION OR CLAIM SHALL BE PAYABLE BY LANDLORD FOR
INCONVENIENCE, LOSS OF BUSINESS OR ANNOYANCE ARISING FROM ANY REPAIR OR
RESTORATION OF ANY PORTION OF THE DEMISED PREMISES OR OF THE BUILDING OR OF THE
COMPLEX ARISING FROM DAMAGE OR DESTRUCTION CAUSED BY FIRE OR OTHER CASUALTY AND
LANDLORD SHALL NOT BE REQUIRED TO DO ANY SUCH REPAIR OR RESTORATION EXCEPT ON
BUSINESS DAYS FROM 9:00 A.M. TO 5:00 P.M.
10.05
NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS OF