Common use of DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS Clause in Contracts

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. In the event that all or substantially all of the Improvements situated on the Leased Premises shall be wholly or partially destroyed or damaged by fire, windstorm, rising water, or any other casualty whatsoever, subject to its obligations contained in Section 6.3 above, Lessee may, at Lessee’s sole option, repair or replace such Improvements or other property, provided that in any event Lessee shall be obligated to repair all damage or destruction to the Leased Premises. In the event that less than all or substantially all of the Improvements are so destroyed or damaged, Lessee may elect not to repair the same, provided that Lessee shall repair all damage or destruction to the Leased Premises and shall remove and clean-up any debris or remnants of Improvements not repaired or restored. In the event that the damage or destruction is of all or substantially all of the Improvements and Lessee shall determine not to repair or replace the Improvements, or Lessee shall fail to commence the repair or replacement of the Improvements within one (1) year after the date of damage or destruction or shall thereafter fail to complete the repair or replacement of the Improvements with diligence, then this Lease shall terminate, provided, however, that notwithstanding the foregoing, Lessee shall repair or replace the damaged Improvements and/or otherwise safeguard the Leased Premises to the extent deemed reasonably necessary by Lessor to protect any adjacent property and the health and safety of any persons residing or working thereon or as may otherwise be required by Law; provided further, however, the requirement that Lessee proceed with any such repair or replacement with diligence shall not be applicable to the extent that (i) any court of competent jurisdiction has issued an order or entered a judgment prohibiting or restricting Lessee from effecting such repair or replacement or (ii) Lessee is involved in a bona fide dispute with any insurer of the damaged or destroyed Improvements in respect of the insurance proceeds payable thereon. In the event of a termination of this Lease pursuant to the immediately preceding sentence, Lessee shall nevertheless be obligated to repair all damage or destruction to the Leased Premises and to remove the remaining Improvements and reasonably restore the Leased Premises to the same condition as it existed on January 13, 1989. Additionally, in the event this Lease is so terminated and Lessee does not remove the Improvements, Lessee shall assign or pay to Lessor all insurance proceeds in respect of the damage or destruction. There shall not be any abatement of rent or other sums payable hereunder during repair or replacement of the Improvements. Notwithstanding the foregoing, regardless of the extent of the damage or destruction, Lessee shall immediately repair any damage or destruction which affects the health or safety of any persons or property.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. In the event that all or substantially all of the Improvements situated If Landlord's improvements on the Leased Premises demised premises shall be wholly damaged or partially destroyed rendered untenantable by fire or damaged by fireother casualty, windstorm, rising water, the Landlord shall within thirty (30) days from the date of said damage or any other casualty whatsoever, subject destruction commence to its obligations contained in Section 6.3 above, Lessee may, at Lessee’s sole option, repair or replace such Improvements or other property, provided said improvements according to Tenant's the current plans and specifications so that in any event Lessee the Tenant may continue with occupancy and the same shall be obligated completed within sixty (60) days thereafter. However Landlord's obligation to repair all 176 pay for the cost of rebuilding or repairing any such damage or destruction to the Leased Premisesimprovements located on the demised premises shall be limited to the insurance monies payable by reason of such damage or destruction and if the cost of repairing or replacing said improvements according to Tenant's then current plans and specifications shall exceed this amount it shall be Tenant's responsibility to either (a) pay to Landlord all additional monies required to pay for such repair or replacement (b) require Landlord to pay such excess and increase the base rental payable hereunder by thirteen (13%) percent of the costs incurred by Landlord which shall be in excess of the insurance monies payable. However, it is further agreed that the rent herein required to be paid shall xxxxx during said period of untenantability or if the improvements shall be damaged but not rendered untenantable thereby, the rental shall xxxxx in an amount proportionate to the decrease in the utility of the premises. In the event Landlord has not commenced construction, or has not notified Tenant that less than all he intends to commence construction within fifteen ( 15) days from the date of such damage, then, and in that event, Tenant may either (a) terminate this Lease Agreement by giving written notice of such tenmination in accordance with Article 29 hereof, or substantially all of the Improvements are so destroyed or damaged, Lessee (b) Tenant may elect not thereupon and without further notice to Landlord commence to repair or replace said building with Tenant having access to the sameinsurance proceeds, provided that Lessee shall repair all if any, available by reason of such damage or destruction to the Leased Premises and shall remove and clean-up any debris or remnants of Improvements not repaired or restoreddestruction. In the event that Tenant makes such repairs or replacements, Landlord shall be Liable to the Tenant for any and all costs and expenses of Tenant in making the same and Landlord shall be required to reimburse Tenant for any such costs and expenses of Tenant for any costs which Tenant expends for replacement or repair of the improvements which shall be in excess of the insurance proceeds payable by reason of such damage or destruction is of all or substantially all destruction. If Landlord fails to reimburse Tenant within thirty (30) days after receiving Tenant's invoice, Tenant shall have the right to deduct the amount of the Improvements invoice from rental payments due to Landlord and Lessee shall determine or institute legal action in Law or equity to recover its expenses. It is agreed by the parties that if the building cannot be replaced or repaired within ninety (90) days after such damage to repair the building, due to the inability of either party to obtain materials or replace the Improvementslabor needed, strikes or acts of God or governmental restrictions that would prohibit, limit, or Lessee delay said construction, then the time for completion of said repairs and replacements shall fail to commence be extended accordingly, provided, that in any event, if the repair or replacement of the Improvements building has not been complete within one a period of One Hundred Twenty (1120) year after days from the date of such damage or destruction or shall thereafter fail destruction, Tenant and/or Landlord may, and in addition to complete the repair or replacement of the Improvements with diligenceother remedies available hereunder, then elect to terminate this Lease shall terminate, provided, however, that notwithstanding the foregoing, Lessee shall repair or replace the damaged Improvements and/or otherwise safeguard the Leased Premises to the extent deemed reasonably necessary by Lessor to protect any adjacent property and the health and safety of any persons residing or working thereon or as may otherwise be required by Law; provided further, however, the requirement that Lessee proceed with any such repair or replacement with diligence shall not be applicable to the extent that (i) any court of competent jurisdiction has issued an order or entered a judgment prohibiting or restricting Lessee from effecting such repair or replacement or (ii) Lessee is involved in a bona fide dispute with any insurer of the damaged or destroyed Improvements in respect of the insurance proceeds payable thereonLease. In the event of a termination any damage or destruction occurring in the last twelve (12) months of the original term of this Lease pursuant or during any extension of the term, to the immediately preceding sentenceextent of fifty percent (50%) or more of the insurable value of the building, Lessee shall nevertheless Tenant may, at its option, to be obligated evidenced by notice in writing giving to repair all the Landlord within thirty (30) days after the occurrence of such damage or destruction to the Leased Premises and to remove the remaining Improvements and reasonably restore the Leased Premises to the same condition as it existed on January 13, 1989. Additionallydestruction, in the event lieu of repairing or replacing such building elect to terminate this Lease is so terminated and Lessee does not remove the Improvements, Lessee shall assign or pay to Lessor all insurance proceeds in respect lease as of the date of said damage or destruction. There shall not be any abatement All insurance proceeds payable on account of rent or other sums payable hereunder during repair or replacement of the Improvements. Notwithstanding the foregoing, regardless of the extent of the damage or destruction, Lessee shall immediately repair any such damage or destruction which affects the health or safety of any persons or propertyshall be paid to Landlord.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. In case the event that all whole or substantially all any part of the Improvements improvements situated on upon the Leased Premises above-described real estate shall be wholly partially or partially totally destroyed or damaged by fire, windstorm, rising water, or any other casualty whatsoever, subject to its obligations contained in Section 6.3 above, Lessee may, at Lessee’s sole option, repair or replace such Improvements fire or other propertyinsured casualty during the term of this lease, provided that in any event Lessee the same shall be obligated to repair all damage or destruction to the Leased Premises. In the event that less than all or substantially all of the Improvements are so destroyed or damaged, Lessee may elect not to repair the same, provided that Lessee shall repair all damage or destruction to the Leased Premises and shall remove and clean-up any debris or remnants of Improvements not repaired or restored. In the event that the damage or destruction is of all or substantially all of the Improvements and Lessee shall determine not to repair or replace the Improvements, or Lessee shall fail to commence the repair or replacement of the Improvements within one (1) year after the date of damage or destruction or shall thereafter fail to complete the repair or replacement of the Improvements with diligence, then this Lease shall terminate, restored by LANDLORD without unnecessary delay; provided, however, that notwithstanding all proceeds of insurance (required to be maintained by TENANT) shall be made available to LANDLORD for such purpose and provided further that LANDLORD'S obligation hereunder shall not exceed the foregoingamount of such insurance proceeds, Lessee shall and any excess of cost of repair or replace restoration over the damaged Improvements and/or otherwise safeguard the Leased Premises to the extent deemed reasonably necessary amount of such proceeds shall be paid and borne by Lessor to protect any adjacent property and the health and safety of any persons residing or working thereon or as may otherwise be required by Law; provided further, however, the requirement that Lessee proceed with any such repair or replacement with diligence shall not be applicable to the extent that (i) any court of competent jurisdiction has issued an order or entered a judgment prohibiting or restricting Lessee from effecting such repair or replacement or (ii) Lessee is involved in a bona fide dispute with any insurer of the damaged or destroyed Improvements in respect of the insurance proceeds payable thereon. In the event of a termination of this Lease pursuant to the immediately preceding sentence, Lessee shall nevertheless be obligated to repair all damage or destruction to the Leased Premises and to remove the remaining Improvements and reasonably restore the Leased Premises to the same condition as it existed on January 13, 1989. Additionally, in the event this Lease is so terminated and Lessee does not remove the Improvements, Lessee shall assign or pay to Lessor all insurance proceeds in respect of the damage or destruction. There shall not be any abatement of rent or other sums payable hereunder during repair or replacement of the ImprovementsTENANT. Notwithstanding the foregoing, regardless of the extent of in case the damage or destruction, Lessee shall immediately repair any destruction occurs during the last year of the initial term of this lease and TENANT did not exercise its extension option within thirty (30) days following the date of such damage or destruction which affects or in case such damage or destruction occurs during the health last year of the extended term of this lease, then either LANDLORD or safety TENANT may terminate this lease by the giving of any persons written notice to that effect to the other within thirty (30) days following the date of the occurrence of such damage or propertydestruction; and in case of such termination all proceeds of insurance with respect to the improvements upon the demised premises shall be paid to and shall be the property absolutely of LANDLORD. In case of termination under the provisions of this Article, TENANT shall be relieved of liability hereunder referable to the period of time subsequent to the date of such damage or destruction and prorated amounts shall be refunded. There shall be no abatement of rental on account of or by reason of damage to or destruction of the demised premises unless this lease is terminated in accordance with the foregoing provisions of this Article.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. In the event that all or substantially all of the Improvements situated If Landlord's improvements on the Leased Premises shall be wholly damaged or partially destroyed rendered untenantable by fire or damaged by fireother casualty, windstorm, rising water, the Landlord shall within thirty (30) days from the date of said damage or any other casualty whatsoever, subject destruction commence to its obligations contained in Section 6.3 above, Lessee may, at Lessee’s sole option, repair or replace such Improvements said improvements, according to the condition and use of the property prior to said damage or other property, provided destruction so that in any event Lessee the Tenant may continue with occupancy and the same shall be obligated completed within one hundred twenty (120) days thereafter. However, Landlord's obligation to repair all pay for cost of rebuilding or repairing any such damage or destruction to the improvements located on the Leased Premises shall be limited to the insurance monies payable by reason of such damage or destruction and if the cost of repairing or replacing said improvements according to the condition and use of the Leased Premises prior to said damage shall exceed this amount this Lease shall terminate immediately and Landlord shall be entitled to keep all insurance proceeds as compensation for damage done to the Leased Premises unless Tenant, upon written notification by Landlord of the amount of the excess elects in writing to itself pay such excess. It is further agreed that the Rent herein required to be paid shall xxxxx during said period of untenantability or if the improvements shall be damaged but not rendered untenantable thereby, the Rent shall xxxxx in an amount appropriate to the decrease in the utility of the Leased Premises. In the event Landlord has not commenced construction or has not notified Tenant that less than all he intends to commence construction within thirty (30) days from the date of such damage, then, and in that event, Tenant may either (a) terminate this Lease by giving written notice of such termination in accordance with Article 28 hereof, or substantially all of the Improvements are so destroyed or damaged, Lessee may elect not (b) thereupon and without further notice to Landlord commence to repair or replace said building with Tenant having access to the same, provided that Lessee shall repair all insurance proceeds available by reason of such damage or destruction to the Leased Premises and shall remove and clean-up any debris or remnants of Improvements not repaired or restoreddestruction. In the event that Tenant makes said repairs or replacements, Landlord shall be liable to the Tenant for any and all costs and expenses of Tenant in making the same and Landlord shall be required to reimburse Tenant for any such costs and expenses of Tenant for any costs which Tenant expends for replacement or repair of the improvements plus 12% (which shall not be in excess of the insurance proceeds payable by reason of such damage or destruction is of all or substantially all destruction). If Landlord fails to reimburse Tenant within thirty (30) days after receiving Tenant's invoice Tenant shall have the right to deduct this amount of the Improvements and Lessee shall determine invoice from Rent payments due to Landlord and/or institute legal action at law or equity to recover its expense. It is agreed by the parties that if the building cannot be replaced or repaired within one hundred twenty (120) days after such damage to repair the building, due to the inability of either party to obtain materials or replace the Improvementslabor needed, strikes or acts of God or governmental restrictions that would prohibit, limit, or Lessee delay said construction, then the time for completion of said repairs and replacement shall fail to commence be extended accordingly, provided, however, that in any event, if the repair or replacement of the Improvements building has not been completed within a period of one hundred eighty (1180) year after days from the date of such damage or destruction or shall thereafter fail destruction, Tenant may, at its option, and in addition to complete the repair or replacement of the Improvements with diligenceother remedies available to Tenant, then elect to terminate this Lease shall terminate, provided, however, that notwithstanding the foregoing, Lessee shall repair or replace the damaged Improvements and/or otherwise safeguard the Leased Premises to the extent deemed reasonably necessary by Lessor to protect any adjacent property and the health and safety of any persons residing or working thereon or as may otherwise be required by Law; provided further, however, the requirement that Lessee proceed with any such repair or replacement with diligence shall not be applicable to the extent that (i) any court of competent jurisdiction has issued an order or entered a judgment prohibiting or restricting Lessee from effecting such repair or replacement or (ii) Lessee is involved in a bona fide dispute with any insurer of the damaged or destroyed Improvements in respect of the insurance proceeds payable thereonLease. In the event of a termination of this Lease pursuant to the immediately preceding sentence, Lessee shall nevertheless be obligated to repair all damage or destruction to the Leased Premises and to remove the remaining Improvements and reasonably restore the Leased Premises to the same condition as it existed on January 13, 1989. Additionally, in the event this Lease is so terminated and Lessee does not remove the Improvements, Lessee shall assign or pay to Lessor all insurance proceeds in respect of the damage or destruction. There shall not be any abatement of rent or other sums payable hereunder during repair or replacement of the Improvements. Notwithstanding the foregoing, regardless of the extent of the damage or destruction, Lessee shall immediately repair any damage or destruction which affects occurring in the health last six (6) months of the original term of this Lease or safety during any extension of any persons the term, to the extent of fifty percent (50%) or propertymore of the insurable value of the building, Tenant may, at its option, to be evidenced by notice in writing given to Landlord within thirty (30) days after the occurrence of such damage and destruction, in lieu of repairing or replacing such building, elect to terminate this Lease as of the date of said damage or destruction.