Repair Estimate; Right to Terminate. If all or any portion of the Premises or the Project is damaged by fire or other casualty (a Casualty), Landlord shall, within ninety (90) days after Landlords discovery of such damage, deliver to Tenant its good faith estimate (the Damage Notice) of the time period following such notice needed to repair the damage caused by such Casualty. Landlord may elect to terminate this Lease in any case where # any portion of the Premises or any material portion of the Project are damaged and # either # Landlord estimates in good faith that the repair and restoration of such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage, # the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term.
Landlords Repair Estimate; Right to Terminate. If all orNotice. Landlord, as soon as reasonably possible but in any portionevent within sixty (60) days after the date of the Premises or the Project is damaged by fire or other casualty (a Casualty), Landlord shall, within ninety (90) days after Landlords discovery of such damage,Casualty, shall deliver a written notice to Tenant its(Landlords Casualty Notice) indicating Landlords election # to perform Landlords Restoration Work, including Landlords good faith estimate (the Damage Notice)(which shall be based on Landlords consultation with a qualified, independent, experienced and reputable architect and/or general contractor experienced in similar types of Landlords Restoration Work) of the time period following such notice needednumber of days (assuming no unusual delays in the receipt of insurance proceeds, no overtime or other premiums, and no Force Majeure Event) measured from the date of the Casualty that will be required for Landlord to repair the damage caused by such Casualty. Landlord may electsubstantially complete Landlords Restoration Work (the Estimated Restoration Period) or # to terminate this Lease in any case where # any portionpursuant to Paragraph 25.3 as of the Premises or any material portion ofdate specified in Landlords Casualty Notice, which date shall not be less than thirty (30) nor more than sixty (60) days after the Project are damaged and # either # Landlord estimates in good faith that the repair and restorationdate of such damage undernotice, unless Tenant exercised its right to terminate this Lease pursuant to Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage, # the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term.25.4.
General; Landlords Termination Right. If the Premises or the Building are totally or partially damaged or destroyed thereby rendering the Premises totally or partially inaccessible or unusable, then, Landlord shall, within forty five (45) days after Landlord is first able to gain access to the Building and the Premises following the occurrence of the damage or destruction described in [Section 17.1], provide a written notice to Tenant (the Repair Estimate Notice) including # an estimated date upon which the repair or restoration required of Landlord will be substantially completed (taking into account the time needed for effecting a satisfactory settlement with any insurance company involved, removal of debris, preparation of plans and issuance of all required governmental permits) (the Estimated Repair Estimate; Right to Terminate. If allCompletion Date), and # commercially reasonable back-up documentation (i.e., report or certification issued by a reputable and duly licensed insurance claims adjuster, architect or engineer, as applicable). Unless this Lease is terminated by Landlord or Tenant as hereinafter provided, then Landlord shall diligently repair and restore # the Premises and the Landlords Work, but excluding any other Alterations or any other contents of the Premises, including, without limitation, Tenants trade fixtures, decorations, furnishings, equipment or personal property, and # the Building, including, without limitation, all Property Common Areas and the Amenities), in each case to substantially the same condition they were in prior to such damage or destruction; provided, however, that if the Estimated Repair Completion Date set forth in the Repair Estimate Notice exceeds one (1) year after the date Landlords repairs are expected to commence, then Landlord shall have the right to terminate this Lease by giving written notice of termination within forty-five (45) days after the occurrence of such damage or destruction. If this Lease is not terminated as a result of such damage or destruction, then until such repair and restoration of the Premises are substantially complete, Tenant shall be required to pay rent only for the portion of the Premises that is usable for the Permitted Use while such repair and restoration are being made; provided, however, that # if such damage or destruction was caused by the Project is damaged by firewillful misconduct of Tenant or other casualty (a Casualty),any employee of Tenant, then Tenant shall not be entitled to any such rent reduction . After receipt of its insurance proceeds, Landlord shall, within ninety (90) days after Landlords discoveryshall proceed with and bear the expenses of such damage, deliver to Tenant its good faith estimate (the Damage Notice)repair and restoration of the time period followingPremises and the Building it is required to perform hereunder; provided, however, that # if such notice neededdamage or destruction was caused by the negligence or willful misconduct of Tenant or any Agent, then Tenant shall pay Landlords deductible and the amount by which such expenses exceed such deductible and the insurance proceeds, if any, actually received by Landlord on account of such damage or destruction (or, if Landlord fails to maintain the insurance required by [Section 13.3], that Landlord would have received to the extent Landlord maintained such insurance required by [Section 13.3]), and # Landlord shall not be required to repair or restore any Tenant Items (except to the damage caused by such Casualty.extent Landlord may electreceives proceeds therefor from Tenants insurance), any Alterations or any other contents of the Premises (including, without limitation, Tenants trade fixtures, decorations, furnishings, equipment or personal property). Notwithstanding anything herein to the contrary, provided that Landlord contemporaneously terminates the leases of all other tenants in the Commercial/Garage Unit, Landlord shall have the right to terminate this Lease in any case whereif # any portioninsurance proceeds plus deductibles are insufficient to pay all or substantially all of the Premisescost of such repair and restoration (so long as Landlord maintains the insurance required by [Section 13.3]), # the holder of any Mortgage fails or refuses to make any material portion of the Project are damagedsuch insurance proceeds available for such repair and restoration, # either # Landlord estimates in good faith that thezoning or other applicable Laws or regulations do not permit such repair and restoration of such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage,Building to substantially the same condition as existing prior to the fire or other casualty, or # the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be applieddamage to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excess ofCommercial/Garage Unit exceeds thirty-threefive percent (33%(35%) of the remainderreplacement value of the Term.Commercial/Garage Unit.
Repair Estimate; RightDamage to Terminate.or Destruction of Leased Property. If allthe Leased Property is totally destroyed by storm, fire, lightning, earthquake or any portionother casualty, this Lease shall terminate as of the Premises or the Project is damaged by fire or other casualty (a Casualty), Landlord shall, within ninety (90) days after Landlords discoverydate of such damage,destruction, and rental shall be accounted for as between Landlord and Tenant as of that date. If the Leased Property shall be partially damaged or destroyed by such casualty, then Landlord shall deliver to Tenant its good faithwithin thirty (30) days of such casualty a written notice stating the reasonable estimate of time and cost necessary to repair such damage (the Damage Notice) of. In the time period following such notice neededevent the Damage Notice indicates that the repairs will require more than sixty (60) days to complete or will cost more money than Landlord is likely to receive from insurance proceeds (unless Landlord pledges in writing to cover any discrepancy between the actual cost to repair such damage and the damage caused by such Casualty.insurance proceeds Landlord may electwill receive), then Landlord or Tenant shall have the right to terminate this Lease in any case where # anywriting delivered to the other party within thirty (30) days of delivery of the Damage Notice. In the event the Lease is not terminated as provided herein or the Damage Notice indicates that the repairs will likely require sixty (60) days or less to complete and will cost an amount less than or equal to the insurance proceeds Landlord is likely to receive, then, this Lease shall remain in full force and effect, all rental amounts due hereunder (including, without limitation, Net Rent) shall abate until such time as the repairs shall be substantially complete in the proportion the portion of the Premises or any material portionLeased Property which is untenantable (in Tenants reasonable opinion) bears to the total Leased Property, and Landlord shall complete such repairs within sixty (60) days after the date of the Project are damaged and # either # Landlord estimates in good faith that the repair and restoration of such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage, # the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term.Damage Notice.
Repair Estimate; Right to Terminate. If all orRestoration. If, at any portion oftime during the Term, the Project or the Premises are damaged or the Project is damageddestroyed by a fire or other casualty (a Casualty),insured casualty, Landlord shall,shall notify Tenant within ninety (90)60 days after Landlords discovery of such damage, deliverdamage as to Tenant its good faith estimatethe amount of time Landlord reasonably estimates it will take to restore the Project or the Premises, as applicable (the Damage NoticeRestoration Period). If the Restoration Period is estimated to exceed 12 months (the Maximum Restoration Period), Landlord may, in such notice, elect to terminate this Lease as of the time period followingdate that is 75 days after the date of discovery of such notice neededdamage or destruction; provided, however, that notwithstanding Landlords election to repair the damage caused by such Casualty. Landlordrestore, Tenant may elect to terminate this Lease by written notice to Landlord delivered within 5 business days of receipt of a notice from Landlord estimating a Restoration Period for the Premises longer than the Maximum Restoration Period. Unless either Landlord or Tenant so elects to terminate this Lease, Landlord shall, subject to receipt of sufficient insurance proceeds (with any deductible to be treated as a current Operating Expense), promptly restore the Premises (excluding the improvements installed by Tenant or by Landlord and paid for by Tenant), subject to delays arising from the collection of insurance proceeds, from Force Majeure events or as needed to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any Governmental Authority having jurisdiction over the use, storage, handling, treatment, generation, release, disposal, removal or remediation of Hazardous Materials (as defined in any case where # any portionSection 30) in, on or about the Premises (collectively referred to herein as Hazardous Materials Clearances); provided, however, that if repair or restoration of the Premises or any material portionis not substantially complete as of the Project are damagedend of the Maximum Restoration Period or, if longer, the Restoration Period, Landlord may, in its sole and # either # Landlord estimates in good faith that theabsolute discretion, elect not to proceed with such repair and restoration, or Tenant may by written notice to Landlord delivered within 10 business days of the expiration of the Maximum Restoration Period or, if longer, the Restoration Period, elect to terminate this Lease, in which event Landlord shall be relieved of its obligation to make such repairs or restoration and this Lease shall terminate as of the date that is 75 days after the later of: # discovery of such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage,or destruction, or # the Holder ofdate all required Hazardous Materials Clearances are obtained, but Landlord shall retain any Security Instrument requiresRent paid and the application ofright to any insurance proceeds with respectRent payable by Tenant prior to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments receivedelection by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term.Tenant.
Repair Estimate; RightLandlord's Option to Terminate. If all Repair. Notwithstanding the terms of Section 11.1 of this Lease, Landlord may elect not to rebuild and/or any portionrestore the Premises, Building and/or Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within sixty (60) days after the date of discovery of the Premises ordamage, such notice to include a termination date giving Tenant sixty (60) days to vacate the Project isPremises, but Landlord may so elect only if the Building shall be damaged by fire or other casualty (a Casualty), Landlord shall,or cause, and one or more of the following conditions is present: # in Landlord's reasonable judgment, repairs cannot reasonably be completed within ninety (90) daysone (1) year after Landlordsthe date of discovery of the damage (when such damage, deliverrepairs are made without the payment of overtime or other premiums); # the damage is due to Tenant its good faith estimate (the Damage Noticea risk that Landlord is not required to insure under this Lease, and the cost of restoration exceed five percent (5%) of the time period followingreplacement cost of the Building (unless Tenant agrees to pay any uninsured amount in excess of such notice needed to repairfive percent (5%)); or # the damage caused by such Casualty.occurs during the last twelve (12) months of the Lease Term and will take more than sixty (60) days to restore; provided, however, that if Landlord maydoes not elect to terminate this Lease pursuant to Landlord's termination right as provided above, and the repairs cannot, in any case where # any portionthe reasonable opinion of Landlord, be completed within six (6) months days after the date of discovery of the Premises or any material portiondamage (or are not in fact completed within seven (7) months after the date of discovery of the Project are damageddamage), Tenant may elect, no earlier than sixty (60) days after the date of the damage and # either # Landlord estimates in good faith thatnot later than ninety (90) days after the repair and restoration of such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discoverydate of such damage, # the Holder of any Security Instrument requires the application of any insurance proceeds with respector within thirty (30) days after such repairs are not timely completed, to such Casualtyterminate this Lease by written notice to be applied to the outstanding balanceLandlord effective as of the obligation secureddate specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term.Tenant.
Repair Estimate; Right to Terminate. If allAs soon as reasonably practicable, but in any event within sixty (60) days following the date of damage or any portiondestruction, Landlord shall notify Tenant of the Premises or the Project is damaged by fire or other casualty (a Casualty), Landlord shall, within ninety (90) days after LandlordLandlord’s discovery of such damage, deliver to Tenant its good faith estimate (the Damage Notice) of the time period following such notice needed to repair the damage caused by such Casualty. Landlord may elect to terminate this Lease in any case where # any portion of the Premises or any material portion of the Project are damaged and # either # Landlord estimates in good faith that the repair and restoration of such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage, # the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excesswhich the repairs, reconstruction and restoration will be completed (the “Damage Repair Estimate”), which estimate shall be based upon the opinion of thirty-three percent (33%)a contractor reasonably selected by Landlord and experienced in comparable repair, reconstruction and restoration of similar buildings. Additionally, Landlord shall give written notice to Tenant as soon as reasonably practicable, but in any event within sixty (60) days following the remainderdate of damage or destruction, of its election not to repair, reconstruct or restore the Term.Building or the Project, as applicable.
Repair Estimate; RightIn the event of any damage to Terminate. If all or any portiondestruction of the PremisesBuilding or the Project is damaged by fire or other casualty (a Casualty), Landlord shall, within ninety (90) days after Landlords discovery of such damage, deliver to Tenant its good faith estimate (the Damage Notice) of the time period following such notice needed to repair the damage caused by such Casualty.than as described in Section 24.1, Landlord may elect to repair, reconstruct and restore the Building or the Project, as applicable, in which case this Lease shall continue in full force and effect. If Landlord elects not to repair, reconstruct and restore the Building or the Project, as applicable, then this Lease shall terminate as of the date of such damage or destruction. In the event of any damage or destruction (regardless of whether such damage is governed by Section 24.1 or this Section), if # in Landlord’s determination as set forth in the Damage Repair Estimate (as defined below), the Affected Areas cannot be repaired, reconstructed or restored within twelve (12) months after the date of the Damage Repair Estimate, # subject to Section 24.6, the Affected Areas are not actually repaired, reconstructed and restored within eighteen (18) months after the date of the Damage Repair Estimate, or # the damage and destruction occurs within the last twelve (12) months of the then-current Term, then Tenant shall have the right to terminate this Lease, effective as of the date of such damage or destruction, by delivering to Landlord its written notice of termination (a “Termination Notice”) # with respect to [Subsections 24.2(a) and (c)])], no later than fifteen (15) days after Landlord delivers to Tenant Landlord’s Damage Repair Estimate and # with respect to [Subsection 24.2(b)], no later than fifteen (15) days after such eighteen (18) month period (as the same may be extended pursuant to Section 24.6) expires. If Tenant provides Landlord with a Termination Notice pursuant to [Subsection 24.2(z)], Landlord shall have an additional thirty (30) days after receipt of such Termination Notice to complete the repair, reconstruction and restoration. If Landlord does not complete such repair, reconstruction and restoration within such thirty (30) day period, then Tenant may terminate this Lease in any case where # any portionby giving Landlord written notice within two (2) business days after the expiration of the Premises or any material portion of the Project are damaged and # either #such thirty (30) day period. If Landlord estimates in good faith that the repairdoes complete such repair, reconstruction and restoration ofwithin such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (without the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage, # the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or # Tenantthirty (30) day period, then this Lease shall be entitled to an abatement of rent under this Paragraph 15 for any period of timecontinue in excess of thirty-three percent (33%) of the remainder of the Term.full force and effect.
Repair Estimate; Right to Terminate. If all orRestoration. If, at any portion oftime during the Term, the Project or the Premises are damaged or the Project is damageddestroyed by a fire or other casualty (a Casualty),casualty, Landlord shall,shall notify Tenant within ninety (90)60 days after Landlords discovery of such damage, deliverdamage as to Tenant its good faith estimatethe amount of time Landlord reasonably estimates it will take to restore the Project or the Premises, as applicable (the Damage NoticeRestoration Period). If the Restoration Period is estimated to exceed 9 months (the Maximum Restoration Period), Landlord may, in such notice, elect to terminate this Lease as of the time period followingdate that is 75 days after the date of discovery of such notice neededdamage or destruction; provided, however, that notwithstanding Landlords election to repair the damage caused by such Casualty. Landlordrestore, Tenant may elect to terminate this Lease by written notice to Landlord delivered within 10 business days of receipt of notice from Landlord estimating a Restoration Period for the Premises longer than the Maximum Restoration Period. Unless either Landlord or Tenant so elects to terminate this Lease, Landlord shall, subject to receipt of sufficient insurance proceeds (with any deductible to be treated as an Operating Expense subject to the provisions of Section 5), promptly restore the Premises (excluding the improvements installed by Tenant or by Landlord and paid for by Tenant), subject to delays arising from the collection of insurance proceeds, from Force Majeure events or as needed to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any Governmental Authority having jurisdiction over the use, storage, handling, treatment, generation, release, disposal, removal or remediation of Hazardous Materials (as defined in any case where # any portionSection 30) in, on or about the Premises (collectively referred to herein as Hazardous Materials Clearances); provided, however, that if repair or restoration of the Premises is not substantially complete as of the end of the Maximum Restoration Period or, if longer, the Restoration Period, Landlord may, in its sole and absolute discretion, elect not to proceed with such repair and restoration, or Tenant may by written notice to Landlord delivered within 10 business days of the expiration of the Maximum Restoration Period or, if longer, the Restoration Period, elect to terminate this Lease, in which event Landlord shall be relieved of its obligation to make such repairs or restoration and this Lease shall terminate as of the date that is 75 days after the later of: # discovery of such damage or destruction, or # the date all required Hazardous Materials Clearances are obtained, but Landlord shall retain any materialRent paid and the right to any Rent payable by Tenant prior to such election by Landlord or Tenant. Notwithstanding the foregoing, if a portion of the Project are damaged and # either #not including the Premises is damaged, Landlord estimates in good faithmay not terminate this Lease on the basis that the Restoration Period will exceed the Maximum Restoration Period if Landlord elects to merely repair the damage rather than redevelop or improve the Project as a whole, and restorationLandlord actually commences construction of the repair of such damage under Paragraph 15.2 (Restoration) cannot reasonablydamage. The Restoration Period and the Maximum Restoration Period shall not be completed (withoutextended by Force Majeure. In the payment of overtime) within two hundred (200) days of Landlords actual discovery of such damage, #event that the Holder of any Security Instrument requires the application of any insurance proceeds with respect to such Casualty to be appliedLease terminates pursuant to the outstanding balanceprovisions of the obligation secured by such Security Instrument, # the costthis Section 18 as a result of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, or #an earthquake, Tenant shall not be entitledrequired to an abatementpay any deductibles as part of rent under this Paragraph 15 for any period of timeOperating Expenses in excess of thirty-three percent (33%) of the remainder of the Term.connection with such earthquake.
Repair Estimate; Right to Terminate. If all or any portionthe Casualty occurs during the last twelve (12) months of the Premises orTerm; provided, however, that Landlord may not terminate this Lease pursuant to this Paragraph 25.3(b) if Tenant, at the Project is damaged by fire or other casualty (a Casualty), Landlord shall, within ninety (90) days after Landlords discoverytime of such damage, deliverhas the right to extend the Term pursuant to Paragraph 3.3, and Tenant exercises such Extension Option not later than the earlier to occur of # the last day of the then applicable Exercise Period set forth in Paragraph 3.3.2 or # thirty (30) days following the delivery to Tenant its good faith estimate (the Damage Notice) of Landlords Casualty Notice, or # If the time period following such notice neededCasualty is not covered by the insurance Landlord is required to repaircarry under this Lease or any insurance Landlord actually carries and the damage caused by such Casualty.cost of Landlords Restoration Work will exceed Two Hundred Fifty Thousand Dollars ($250,000) (exclusive of any deductible); provided, however, that Landlord may elect tonot terminate this Lease pursuant to this Paragraph 25.3(c), if # Tenant agrees, within fifteen (15) days after its receipt of Landlords Casualty Notice, to fund the amount in any case where # any portionexcess of the Premises or any material portion of the Project are damagedTwo Hundred Fifty Thousand Dollars ($250,000) and # either #within fifteen (15) days thereafter, Tenant shall promptly deposit the excess in a construction trust account set up by Landlord estimates in good faith thata financial or other institution selected by Landlord (subject to Tenants reasonable approval), in which event Landlord shall proceed with Landlords Restoration Work as if the repairCasualty had been insured. Landlords withdrawals from the trust account shall be proportionate and restorationconcurrent to Landlords schedule of payments to its contractors and paid in payment of such damage under Paragraph 15.2 (Restoration) cannot reasonably be completed (withoutcontractors bills, or # If insurance proceeds sufficient to complete Landlords Restoration Work are not available due to the paymentexercise of overtime) within two hundred (200) days of Landlords actual discovery of such damage, # the Holder[[Organization B:Organization]] rights of any Security Instrument requires the application of any insurance proceeds with respectHolder to collect such Casualty to be applied to the outstanding balance of the obligation secured by such Security Instrument, # the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/proceeds, or payments received by Landlord from tenants, or # Tenant shall be entitled to an abatement of rent under this Paragraph 15 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term.
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