Fill and Sign the Landlord and Tenant Rights and Responsibilities in the Case of Form

11.01[5]b Landlord and Tenant Rights and Responsibilities in the Case of condemnation Addresses the rights and responsibilities of the landlord and tenant in the case of condemnation. It covers the use of a critical path analysis and disputes arising with respect to it, the right to cancel the lease, the time frame for making repairs to the premises, and the landlord's option to restore the premises. Condemnation: In the event of a partial taking, condemnation or other eminent domain proceeding ("Condemnation"), whether in Tenant's Premises or another part of the Building or Project, that affects Tenant's ability to use or enjoy the Premises and Building in accordance with the terms of this Lease, Tenant shall have the option, in its reasonable opinion, to cancel this Lease upon thirty (30) days prior written notice to Landlord. Landlord shall, however, have the opportunity to repair or restore the Premises or affected part of the Building and, if Landlord can do so and maintain Tenant's rights to use and enjoy the Premises and Building in accordance with the terms of this Lease, then Landlord shall have the option to repair or restore the portion of the Premises, Building or Project within ninety (90) days of such Condemnation. Within forty- five (45) days of such Condemnation, Landlord shall provide Tenant with a critical path analysis prepared by a construction consultant with at least five years experience in the greater [City] real estate market in construction on first class office buildings similar to the Building showing that the repairs or restoration can be completed within ninety (90) days of such Condemnation. In the event that the Landlord or its construction consultant's critical path analysis indicates that the property cannot be repaired, restored and made tenantable within ninety (90) days of the condemnation, then the Tenant shall have the right to cancel the Lease. In the event that Landlord's construction consultant provides such a critical path analysis showing that the areas affected by the Condemnation can be repaired or restored within such ninety (90) day period and Tenant disputes such critical path analysis, Tenant shall have a right to hire its own construction consultant to dispute Landlord's findings. Tenant's construction consultant shall have similar credentials as Landlord's consultant. In the event that Landlord's and Tenant's respective construction consultants cannot agree on a critical path for the repair or restoration of the Building and Premises, then the consultants shall agree upon a third consultant with similar credentials and that third consultant shall make an independent evaluation as to the critical path. If that consultant is not able to determine that the Building and Premises can be repaired or restored and Premises occupied within said ninety (90) day time period, then either party shall have the right to cancel this Lease. Such third consultant's determination shall be final and binding upon the parties.