Subsequent to the earthquake, experiencing significant property damage, the building owner abandoned the premises – believing it to be irreparable within the time constrains of the Damage and Destruction provisions of its lease. Separately and prior to the earthquake, the tenant, Transamerica, had vacated the building, leaving a remaining liability of approximately six years per the lease agreement.

DWC was able to restore the building in less than six months, thus preserving the lease.