NYC 9/11 Public Portal Document
Other casualty, or destroyed or damaged to such an extent that they are unsuitable or untenantable
for use for the purpose for which they are leased, then from the date of such damage or
destruction the rent shall cease until such time as Landlord fully repairs and restores the same to
suitable and tenantable condition (excluding Long Lead Work) and Tenant/DRES certifies in
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%)
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NYC-WTC_000169994
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