Common use of Destruction and Restoration Clause in Contracts

Destruction and Restoration. 13.1 Tenant covenants and agrees that, subject to the availability of insurance proceeds, in case of damage or destruction of the Improvements after the Commencement Date by fire or otherwise, Tenant shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction with such changes or alterations (made in conformity with Article VIII hereof) as may be reasonably acceptable to Landlord or required by law. Such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the Improvements, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section and Article VIII hereof. All insurance monies payable on account of such damage or destruction shall be applied to the payment of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remaining.

Destruction and Restoration. 13.1 Tenant covenants and agrees that, subject to the availability of insurance proceeds, in case of damage or destruction of the Improvements after the Commencement Date by fire or otherwise, Tenant shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction with such changes or alterations (made in conformity with Article VIII hereof) as may be reasonably acceptable to Landlord or required by law. Such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the Improvements, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section and Article VIII hereof. All insurance monies payable on account of such damage or destruction shall be applied to the payment of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord Tenant may, but shall not be obligated to, pay any deficiency. If Landlord Tenant elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remaining.

Destruction and Restoration. 13.1 12.1 Tenant covenants and agrees that, subject to the availability of insurance proceeds, that in case of damage to or destruction of the Improvements after the Commencement Date commencement date of the term of this Lease Agreement, by fire or otherwise, Tenant Tenant, at its sole cost and expense, shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction with such changes or alterations (made in conformity with Article VIII XVIII hereof) as may be reasonably acceptable to Landlord or required by law. Tenant shall forthwith give Landlord written notice of such damage or destruction upon the occurrence thereof and specify in such notice, in reasonable detail, the extent thereof. Such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the ImprovementsDemised Premises, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section Paragraph 12.2 and Article VIII XVIII hereof. All If the net amount of the insurance monies payable on account proceeds (after deduction of all costs, expenses and fees related to recovery of the insurance proceeds) recovered by Landlord or any mortgagee is deemed insufficient by Landlord to complete the Restoration of such damage or destruction Improvements (exclusive of Tenant's personal property and trade fixtures which shall be applied restored, repaired or rebuilt out of Tenant's separate funds), Tenant shall, pay the deficiency out of Tenant's funds prior to the payment disbursement of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remainingproceeds.

Destruction and Restoration. 13.1 Tenant covenants and agrees that, subject to the availability of insurance proceeds, that in case of damage to or destruction of the Improvements after the Lease Commencement Date Date, by fire or otherwiseotherwise (the "Casualty Damage"), the insurance proceeds, if any, that, as a result of the Casualty Damage, are payable under any fire or casualty insurance maintained by Tenant pursuant to Section 6.1 hereof shall be payable to the Insurance Trustee (defined in Section 13.2 hereof), and, subject to the terms and conditions of this Section 13.1, Tenant shall promptly restore, repair, replace commence the prompt and rebuild diligent repair and replacement of the Improvements as soon as reasonably is possible so that such Improvements are in substantially the same condition as nearly as possible existed prior to the condition that the same were in immediately prior to such damage or destruction Casualty Damage as soon as reasonably possible with such changes or alterations (made in conformity with Article VIII XIX hereof) as may be reasonably acceptable to Landlord or required by law. Tenant shall forthwith give Landlord written notice of any Casualty Damage upon the occurrence thereof and specify in such notice, in reasonable detail, the extent thereof. Subject to Landlord's reasonable approval, Tenant shall negotiate the settlement of insurance proceeds with respect to the Casualty Damage. Such restoration, repairs, replacements, rebuilding, changes and alterations, including including, without limitation, the cost of temporary repairs for the protection of the Improvements, or any portion thereof, Demised Premises pending completion thereof are sometimes hereinafter referred to as herein called the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section 13.2 and Article VIII XIX hereof. All insurance monies payable on account of such damage or destruction shall be applied to the payment of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remaining.

Destruction and Restoration. 13.1 A. Tenant covenants and agrees that, subject to the availability of insurance proceeds, that in case of damage to or destruction of the Improvements after the Commencement Date of the term of this Lease, by fire or otherwise, Tenant Tenant, at its sole cost and expense, shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction with such changes or alterations (made in conformity with Article VIII Paragraph 8 hereof) as may be reasonably acceptable to Landlord or required by law. Tenant shall forthwith give Landlord written notice of such damage or destruction upon the occurrence thereof and specify in such notice, in reasonable detail, the extent thereof. Such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the ImprovementsDemised Premises, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section Paragraphs 8 and Article VIII 18B hereof. All If the net amount of the insurance monies payable on account proceeds (after deduction of all costs, expenses and fees related to recovery of the insurance proceeds) recovered by Landlord and held by Landlord and Tenant as co-trustee is reasonably deemed insufficient by Landlord to complete the Restoration of such damage or destruction improvements (exclusive of Tenant's personal property and trade fixtures which shall be applied restored, repaired or rebuilt out of Tenant's separate funds), Tenant shall, upon request of Landlord, deposit with Landlord and Tenant, as co-trustees, a cash deposit equal to the payment reasonable estimate of the costs amount necessary to complete the Restoration of such improvements less the Restoration. Notwithstanding anything to the contrary herein contained, if the amount of such insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remainingproceeds available.

Destruction and Restoration. 13.1 Tenant covenants and agrees that, subject to the availability of insurance proceeds, that in case of damage to or destruction of the Improvements after the Commencement Date of the term of this Lease, by fire or otherwise, Tenant Tenant, at its sole cost and expense, shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction with such changes or alterations (made in conformity with Article VIII XIX hereof) as may be reasonably acceptable to Landlord or required by law. Tenant shall forthwith give Landlord written notice of such damage or destruction upon the occurrence thereof and specify in such notice, in reasonable detail, the extent thereof. Such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the ImprovementsDemised Premises, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section 13.2 and Article VIII XIX hereof. All If the net amount of the insurance monies payable on account proceeds (after deduction of all costs, expenses and fees related to recovery of the insurance proceeds) recovered by Landlord and held by Landlord and Tenant as co-trustees is reasonably deemed insufficient by Landlord to complete the Restoration of such damage or destruction improvements (exclusive of Tenant's personal property and trade fixtures which shall be applied restored, repaired or rebuilt out of Tenant's separate funds), Tenant shall, upon request of Landlord, deposit with Landlord and Tenant, as co-trustees a cash deposit equal to the payment reasonable estimate of the costs amount necessary to complete the Restoration of such improvements less the Restoration. Notwithstanding anything to the contrary herein contained, if the amount of such insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remainingproceeds available.

Destruction and Restoration. 13.1 Tenant Subject to the conditions and limitations contained in this Article XIII, Landlord covenants and agrees that, subject to the availability of insurance proceeds, that in case of damage to or destruction of the Improvements after the Commencement Date by fire or otherwiseImprovements, Tenant Landlord, at its sole cost and expense, shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction. Tenant shall forthwith give Landlord written notice of any such damage or destruction with upon the occurrence thereof and specify in such changes or alterations (made notice, in conformity with Article VIII hereof) as may be reasonably acceptable to Landlord or required by lawreasonable detail, the extent thereof. Such restoration, repairs, replacements, and rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the ImprovementsDemised Premises, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "“Restoration." ”. The Restoration shall be carried on performed in accordance with applicable laws. Landlord shall not be obligated to repair, restore, replace or rebuild or otherwise be responsible for any of Tenant’s property, trade fixtures or property of any third party. Further, the only property which Landlord shall be obligated to restore, repair, replace or rebuild are the Landlord’s Work Improvements originally delivered to Tenant upon the Commencement Date or changes or alterations made in conformity with Article XIX hereof. Landlord shall have first priority in respect to any insurance proceeds payable in connection with any loss or damage to the Demised Premises to be held in trust and completed applied by Landlord to such Restoration, and not to any mortgage or other indebtedness of Landlord. In the event Landlord undertakes the Restoration in accordance with the provisions and conditions of this Section and Article VIII hereof. All insurance monies payable on account of such damage or destruction shall be applied to the payment of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remaining.terms and

Destruction and Restoration. 13.1 Tenant covenants and agrees that, subject to the availability of insurance proceeds, that in case of damage to or destruction of the Improvements after the Lease Commencement Date Date, by fire or otherwiseotherwise (the "Casualty Damage"), the insurance proceeds, if any, that, as a result of the Casualty Damage, are payable under any fire or casualty insurance maintained by Tenant pursuant to Section 6.1 hereof shall be payable to the Insurance Trustee (defined in Section 13.2 hereof), and, subject to the terms and conditions of this Section 13.1, Tenant shall promptly restore, repair, replace commence the prompt and rebuild diligent repair and replacement of the Improvements as soon as reasonably is possible so that such Improvements are in substantially the same condition as nearly as possible existed prior to the condition that the same were in immediately prior to such damage or destruction Casualty Damage as soon as reasonably possible with such changes or alterations (made in conformity with Article VIII XIX hereof) as may be reasonably acceptable to Landlord or required by law. Tenant shall forthwith give Landlord written notice of any Casualty Damage upon the occurrence thereof and specify in such notice, in reasonable detail, the extent thereof. Subject to Landlord's and Mortgagee's approval, Tenant shall negotiate the settlement of insurance proceeds with respect to the Casualty Damage. Such restoration, repairs, replacements, rebuilding, changes and alterations, including including, without limitation, the cost of temporary repairs for the protection of the Improvements, or any portion thereof, Demised Premises pending completion thereof are sometimes hereinafter referred to as herein called the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section 13.2 and Article VIII XIX hereof. All insurance monies payable on account of such damage or destruction shall be applied to the payment of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remaining.

Destruction and Restoration. 13.1 12.1 Tenant covenants and agrees that, subject to the availability of insurance proceeds, that in case of damage to or destruction of the Improvements after the Commencement Date commencement date of the term of this Lease Agreement, by fire fire, flood or otherwise, Tenant Tenant, at its sole cost and expense, shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction with such changes or alterations (made in conformity with Article VIII XVIII hereof) as may be reasonably acceptable to Landlord or required by law. Tenant shall forthwith give Landlord written notice of such damage or destruction upon the occurrence thereof and specify in such notice, in reasonable detail, the extent thereof. Such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the ImprovementsDemised Premises, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "Restoration." The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section Paragraph 12.2 and Article VIII XVIII hereof. All If the net amount of the insurance monies payable on account proceeds (after deduction of all costs, expenses and fees related to recovery of the insurance proceeds) recovered by Landlord or any mortgagee is deemed insufficient by Landlord to complete the Restoration of such damage or destruction Improvements (exclusive of Tenant's personal property and trade fixtures which shall be applied restored, repaired or rebuilt out of Tenant's separate funds), Tenant shall, pay the deficiency out of Tenant's funds prior to the payment disbursement of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remainingproceeds.

Destruction and Restoration. 13.1 (a) Tenant covenants and agrees that, subject to the availability of insurance proceeds, in case of damage to or destruction of the Improvements after during the Commencement Date Term, whether by fire or otherwise, subject to the provisions of subsection (b), below, Tenant shall make sufficient funds available to Landlord, and subject to Tenant providing such sufficient funds, Landlord shall promptly restore, repair, replace and rebuild the same as nearly as possible to the condition that the same were in immediately prior to such damage or destruction with such changes or alterations (made in conformity with Article VIII hereof) as may be reasonably acceptable to Landlord and Tenant or required by lawApplicable Land Use Laws and Restrictions then in effect. Tenant shall immediately give Landlord written notice of such damage or destruction upon Tenant's or any assignee's or subtenant's knowledge of the occurrence thereof and specify in such notice, in reasonable detail, the extent thereof. Such restorationrestorations, repairs, replacements, rebuilding, changes and alterations, including the cost of temporary repairs for the protection of the ImprovementsDemised Premises, or any portion thereof, pending completion thereof are sometimes hereinafter referred to as the "Restoration." Landlord shall be entitled to recover all "soft" costs incurred in connection with Landlord's performance of the Restoration including a fee competitive with others providing similar services. The Restoration shall be carried on and completed in accordance with the provisions and conditions of this Section and Article VIII 13.2 hereof. All insurance monies payable on account of such damage or destruction shall be applied to the payment of the costs of the Restoration. Notwithstanding anything to the contrary herein contained, if the insurance monies in the hands of Tenant shall be insufficient to pay the entire costs of the Restoration, Landlord may, but shall not be obligated to, pay any deficiency. If Landlord elects not to pay any such deficiency, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. Upon completion of the Restoration, Tenant shall be entitled to any insurance monies then remaining.