NYC 9/11 Public Portal Document
writing that the entire Demised Premises have been reoccupied by Tenant, such Certification not
to be unreasonably withheld, delayed or conditioned.
(B) In case the Demised Premises shall be substantially damaged or destroyed by fire
or other cause at any time during the last 18 months of the Term of this Lease, then Landlord
may cancel this Lease, as of a date designated by Landlord, upon written notice to Tenant given
within sixty (60) days after such damage or destruction. In the event the Demised Premises is
substantially damaged or destroyed by fire or other casualty during the last 18 months of the
Term, then Tenant may cancel this Lease, as of a date thereafter designated by Tenant, which
date shall be within thirty (30) days of the giving of written notice thereof to Landlord, which
written notice shall be given to Landlord within sixty (60) days after such damage or destruction.
(C) If the Building shall be (a) totally destroyed or so damaged so that Landlord
shall decide to demolish or not to rebuild it, or (b) so damaged or destroyed that substantial
alteration or reconstruction of the Building shall be required, whether or not the Demised
Premises have been damaged, then Landlord, shall in the case of clause (a), or may, in the case
of clause (b), within ninety (90) days after such fire or other casualty, give Tenant a notice in
writing of the termination of this Lease, and thereupon the Term of this Lease shall expire by
lapse of time upon the thirtieth (30th) day after such notice is given, provided, however, that
Landlord shall not make the election described in (b) above unless, either (i) sixty percent (60%)
or more of the usable area of the Building is damaged or destroyed by fire or other casualty, or
(ii) the Building is so damaged or destroyed by fire or other casualty that its repair or restoration
requires the expenditure (as estimated by an independent reputable contractor or registered
architect designated by Landlord) of more than sixty percent (60%) of the full insurable value of
the Building immediately prior to the fire or other casualty, or (iii) at least seventy-five percent
(75%) of the leases in the Building or leases of seventy-five percent (75%) of usable area in the
portions of the Building (excluding retail space) occupied or available for occupancy by tenants or
other occupants (exclusive of any usable area in such portions occupied by Landlord or its
affiliates at such time) are cancelled effective on dates no later than the termination date of this
Lease (inclusive of this Lease).
(D) Unless Landlord or Tenant elects to cancel this Lease as provided under
Paragrqjh (B) and (C) hereof. Landlord agrees to give Tenant a notice (“Completion Notice”)
within sixty (60) days following the date of notice to Landlord of any fire or other casualty
affecting ten percent (10%) or more of the Demised Premises, setting forth Landlord’s estimate
of the date when the Demised Premises is expected to be rebuilt and restored as provided in
Paragraph (A). If such date in the Completion Notice shall extend beyond nine (9) months
following the date of giving of such Completion Notice, Tenant shall have the right to terminate
this Lease upon thirty (30) days’ notice given within twenty-five (25) days of the receipt of the
Completion Notice and on the expiration of such thirty (30) day period this Lease shall terminate
as if such date were the Expiration Date. If the date set forth in the Completion Notice shall not
extend beyond nine (9) months following the date of giving of such Completion Notice, Tenant
shall have no further right to terminate this Lease. Notwithstanding the foregoing, if in the event
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