Fill and Sign the Leasedamages Destruction and Business Interruption Form

11.02[4]c Example 3: Destruction Clause (Short Form) (City Lease)(a) If the Building and/or Premises suffers a Casualty, whether or not the Premise are totally destroyed or rendered unusable by fire, earthquake or other casualty ("Casualty"), then rent shall be proportionately paid up to the time of the Casualty and thereafter shall cease until the date on which, in either Landlord's or Tenant's reasonable opinion, the Premises may be used by Tenant for the conduct of its business. Within forty-five (45) days of such Casualty, Landlord shall provide Tenant with a critical path analysis (CPA) prepared by a construction consultant with at least five (5) years experience in the greater [Building area] in constructing first-class office buildings similar to the Building showing that the Building (Premises) can be rebuilt and rendered tenantable within a nine (9) month period from the date of the Casualty. In the event that the Landlord or if its consultant is unable to provide a CPA stating that the work can be completed within said time period, then Tenant shall have the right to cancel this Lease. (b) In the event that Landlord's construction consultant provides such a CPA showing that the Building can be rebuilt and the Premises occupied within the nine (9) month period and Tenant disputes such CPA, Tenant shall have a right to hire its own construction consultant to dispute Landlord's findings. Tenant's construction consultant shall have at least five (5) years experience in constructing first-class office buildings of similar size and type to the Building in the general [Building location] area. In the event that Landlord's and Tenant's respective construction consultants cannot agree on a critical path for the reconstruction of the Building, then the consultants shall designate an agreed upon third construction consultant who will make an independent evaluation as to the amount of time that will be necessary to rebuild the Building and for the Tenant to reoccupy the Premises. If that consultant is not able to determine that the Building can be rebuilt and Premises occupied within said time period, then either party shall have the right to cancel the Lease. (c) In the event that Landlord's construction consultant develops a CPA which shows that the Building can be rebuilt and Tenant can reoccupy the Premises within the nine (9) month period and Tenant does not dispute such findings, Landlord shall repair and restore the Building and Premises and all items of Landlord's Work at its own expense, subject to Landlord's right to elect not to restore the same as herein provided. If the Premises are partially damaged or rendered unusable by such Casualty, all damages thereto shall be repaired by, and at the expense of, Landlord, and the rental, until such repairs are completed shall be apportioned from the date of such Casualty to reflect the fact that part of the Premises is unusable. If in excess of thirty five (35%) of the Premises are damaged or rendered wholly or substantially untenable or if Tenant's [operations area or computer facilities] are destroyed or if the Premises cannot reasonably be expected to be restored or rendered tenable by Landlord under a normal working schedule with a nine (9) month period after the occurrence of such Casualty in accordance with the schedule herein mentioned, Tenant may elect to terminate this Lease by written notice to Landlord given within sixty (60) days after such Casualty. (d) In the event that Landlord's lender elects to take the insurance proceeds associated with the Casualty and not rebuild the Building or Premises, then either Landlord or Tenant shall have a right to terminate this Lease, upon giving the other notice within sixty (60) days of being notified of Landlord's lender's decision. (e) In the event Landlord elects to rebuild, Landlord shall make a good faith effort to assist Tenant in finding a temporary Premises in the greater [City] area that will be suitable, in Tenant's reasonable opinion, for the conduct of Tenant's business and use in accordance with this Lease until the time when the Building and Premises are reconstructed and are ready for occupancy.