Continuance of Lease. This Lease shall continue in full force and effect upon the following terms:
(i) All Rental and other Monetary Obligations due under this Lease shall continue unabated.
(ii) Lessee shall promptly commence and diligently prosecute restoration of such Property to the same condition, as nearly as practicable, as prior to such Partial Condemnation or Casualty as approved by Lessor. Subject to the terms and provisions of the Mortgages and upon the written request of Lessee (accompanied by evidence reasonably satisfactory to Lessor that such amount has been paid or is due and payable and is properly part of such costs, and that Lessee has complied with the terms of Section 7.02 in connection with the restoration), Lessor shall promptly make available in installments, subject to reasonable conditions for disbursement imposed by Lessor, an amount up to but not exceeding the amount of any Net Award received by Lessor with respect to such Partial Condemnation or Casualty. Prior to the disbursement of any portion of the Net Award with respect to a Casualty, Lessee shall provide evidence reasonably satisfactory to Lessor of the payment of restoration expenses by Lessee up to the amount of the insurance deductible applicable to such Casualty. Lessor shall be entitled to keep any portion of the Net Award which may be in excess of the cost of restoration, and Lessee shall bear all additional Costs of such restoration in excess of the Net Award.
Continuance of Lease. If Landlord is required to rebuild or restore the Premises pursuant to Paragraph 15.2.1 or if Landlord elects to rebuild or restore the Premises pursuant to Paragraph 15.2.2, this Lease shall remain in effect and Tenant shall have no claim against Landlord for compensation for inconvenience or loss of business during any period of repair or restoration.
Continuance of Lease. Upon any Default by Tenant and unless and until Landlord elects to terminate this Lease pursuant to Paragraph 14.2.1 above, this Lease shall continue in effect after the Default by Tenant and Landlord may enforce all its rights and remedies under this Lease, including without limitation, the right to recover payment of Rentals as they become due. Neither efforts by Landlord to mitigate damages caused by a Default by Tenant nor the acceptance of any Rentals shall constitute a waiver by Landlord of any of Landlord’s rights or remedies, including the rights and remedies specified in Paragraph 14.2.1 above.
Continuance of Lease. In the event of any damage to the Leased Premises by fire or other casualty, this Lease shall not be terminated or otherwise affected; except that, if more than twenty-five percent (25%) of the square footage of the Leased Premises shall be damaged by any such fire or other casualty during the last three (3) years of the term of this Lease (not including any option or renewal periods) or during any renewal or extension of the term hereof and the cost of repair or restoration exceeds Ten Thousand Dollars ($10,000.00) as estimated by Landlord, or if Landlord is unable to rebuild any portion of the building in which the Leased Premises are located or of the Shopping Center due to any inability to obtain any required governmental approval in connection therewith, or if more than thirty-five percent (35%) of the floor area of the building in which the Leased Premises are located or of the Shopping Center shall be damaged or destroyed by fire or other casualty, or if all or any part of the building in which the Leased Premises are located or if the Shopping Center or the Leased Premises shall be damaged or destroyed at any time by the occurrence of any risk not insured under the insurance required to be carried under Article VIII hereof, then Landlord shall have the option to terminate this Lease within ninety (90) days following the occurrence of such fire or other casualty by giving written notice to Tenant during such period. In the event Landlord exercises any of the foregoing options to terminate, this Lease shall immediately terminate upon Landlord's written notice to Tenant and (a) the entire proceeds of the insurance provided for in Section 8.1 hereof shall be paid by the insurance company or companies directly to Landlord and shall belong to, and be the sole property of Landlord, (b) the portion of the proceeds of the insurance provided for in Section 8.2 which is allocable to equipment, fixtures and other items, which, by the terms of the Lease, rightfully belongs to Landlord upon the termination of the Lease by whatever cause, shall be paid by the insurance company or companies directly to Landlord, and shall belong to, and be the sole property of Landlord, and (c) Landlord and Tenant shall be relieved from any and all further liability or obligation occurring under this Lease from and after the date of such termination. Tenant hereby waives any and all rights which it may have to terminate this Lease by reason of damage to the Leased Premises by fire...
Continuance of Lease. This Lease shall continue in full force and effect upon the following terms:
(i) All Rental and other Monetary Obligations due under this Lease shall continue unabated.
(ii) Tenant shall promptly commence and diligently prosecute restoration of such Property to the same condition, as nearly as practicable, as prior to such Partial Condemnation or Casualty as approved by Landlord. Upon the written request of Tenant (accompanied by evidence reasonably satisfactory to Landlord that such amount has been paid or is due and payable and is properly part of such costs, and that Tenant has complied with the terms of Section 7.02 in connection with the restoration), Landlord shall promptly make available in installments to pay or reimburse Tenant for the costs of the restoration, subject to reasonable conditions for disbursement consistent with typical and customary construction disbursement requirements imposed by construction lenders, an amount up to but not exceeding the amount of any Net Award received by Landlord with respect to such Partial Condemnation or Casualty. Prior to the disbursement of any portion of the Net Award with respect to a Casualty, Tenant shall provide evidence reasonably satisfactory to Landlord of the payment of restoration costs by Tenant up to the amount of the insurance deductible or retention applicable to such Casualty and any amount by which the remaining unpaid costs of the restoration (as reasonably estimated by Tenant to the satisfaction of Landlord and Lender) exceed the remaining undisbursed portion of the Net Award. Landlord shall be entitled to keep any portion of the Net Award which may be in excess of the cost of restoration and Tenant shall bear all additional Costs of such restoration in excess of the Net Award.
Continuance of Lease. Upon any Default by Tenant and unless and until Landlord elects to terminate this Lease pursuant to Paragraph 14.2.1 above, this Lease shall continue in effect after the Default by Tenant and Landlord may enforce all its rights and remedies under this Lease, including without limitation, the right to recover payment of Rentals as they become due. Neither efforts by Landlord to mitigate damages caused by a Default by Tenant nor the acceptance of any Rentals shall constitute a waiver by Landlord of any of Landlord's rights or remedies, including the rights and remedies specified in Paragraph 14.2.1 above. The Landlord shall have the remedy described in California Civil Code Section 1951.4 (landlord may continue lease in effect after tenant's breach and abandonment and recover rent as it becomes due, if landlord has the right to sublet or assign, subject only to reasonable limitations).
Continuance of Lease. 23 Section 9.2. Reconstruction...................................................................23
Continuance of Lease. Upon a default by Tenant and unless and until Landlord elects to terminate this Lease pursuant to Section 20.1 above, this Lease shall continue in effect after the default by Tenant, and Landlord may enforce all rights and remedies under this Lease, including, without limitation, the right to recover payment of Rents as they become due. Neither efforts by Landlord to mitigate damages caused by a default by Tenant nor the acceptance of any Rents shall constitute a waiver by Landlord of any of Landlord's rights or remedies, including the rights and remedies specified in this Section 20. It is intended that the remedy set forth in this Section 20.2 is to provide Landlord the rights set forth in California Civil Code Section 1951.
Continuance of Lease. In the event this Lease is not canceled and -------------------- terminated as a result of a Taking: (i) Base Rent and Additional Rent payable hereunder shall xxxxx from the Taking Date; such abatement in Base Rent and Additional Rent shall be in proportion to the amount of the Demised Premises subject to a Taking (and shall be permanent in the case of divestiture of title); (ii) Landlord shall commence the work of repairing and restoring the Building to a complete architectural unit and the work of restoring the remainder of the Demised Premises as nearly as possible to the condition existing immediately prior to the Taking and to restore Tenant's access to the Building and Demised Premises or provide alternative access thereto, all such work including the planning to be commenced promptly following the Taking Date, and shall complete such work within one hundred twenty (120) days after the Taking Date. If Landlord fails to complete the work of repair and restoration within one hundred thirty-five (135) days after the Taking Date ("Final Work Date"), Tenant shall have the right to either (a) terminate this Lease by written notice given to Landlord within ten (10) days after the Final Work Date effective on the date specified in the notice, which date shall not be more than ten (10) days from the date of the notice; or (b) complete the repair and restoration for Landlord's account. If Tenant completes the repair and restoration, Tenant shall be entitled to receive any condemnation award available for such purpose in excess of those required to reimburse Landlord for the repair and restoration undertaken by Landlord. If the amount expended by Tenant to complete the repair and restoration (subject to the limit provided above) exceeds the condemnation award available to Tenant, Tenant shall be entitled to recover the remainder of such amount by reimbursement from Landlord on demand or, if Landlord does not pay such reimbursement within thirty (30) days after demand by Tenant, by set-off against the Rent payments next due, subject to payment of Minimum Base Rent and Minimum Additional Rent. Landlord shall use its best efforts to obtain and retain the maximum amount of condemnation award available for reconstruction of the Premises in accordance with this paragraph 3.
Continuance of Lease. This Lease shall continue in full force and effect upon the following terms:
(i) All Rental and other Monetary Obligations due under this Lease shall continue unabated.
(ii) Lessee shall promptly commence and diligently prosecute restoration of the Property to the same condition, as nearly as practicable, as prior to such Partial Condemnation or Casualty as approved by Lessor; provided, however, that Lessee shall have no obligation to incur costs in excess of the Net Award or insurance proceeds, as applicable, made available by Lessor to Lessee hereunder. Upon the written request of Lessee (accompanied by evidence reasonably satisfactory to Lessor that such amount has been paid or is due and payable and is properly part of such costs, and that Lessee has complied with the terms of Section 7.02 in connection with the restoration), Lessor shall promptly make available in installments, subject to reasonable conditions for disbursement imposed by Lessor, an amount up to but not exceeding the amount of any Net Award received by Lessor with respect to such Partial Condemnation or Casualty.
