Common use of Destruction by an Insured Casualty Clause in Contracts

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required to maintain insurance under Section 13(B) during the Lease Term from any cause, Landlord shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days from the date of receipt of all necessary governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. For purposes of this paragraph “partial destruction” shall mean destruction of no greater than one-third (1/3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises are more than partially destroyed, or in the event the repairs cannot be made within such one hundred eighty (180) day period, Landlord or Tenant may elect to terminate this Lease. Landlord shall not be required to restore Alterations or replace Tenant’s trade fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue are waived by Tenant and the provisions of this Section 29 shall govern in the case of such destruction.

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises during the Lease Term by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) during repair the Lease Term from any causedamage or destruction, Landlord shall forthwith repair the samesame to the extent of such proceeds. Such destruction shall not annul or void this Lease; however, provided Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while repairs are being made, such proportionate reduction to be based upon the extent to which the repairs can interfere with Tenant's business in the Premises, as reasonably determined by Landlord. If the repairs cannot be made within one hundred eighty (180) in 180 days from the date of receipt of all necessary governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, such as reasonably determined by Landlord, then Landlord or Tenant may terminate this Lease within fifteen (15) days of Landlord's determination of the foregoing. Notwithstanding the foregoing, either Landlord or Tenant shall have the option to terminate the Lease in the event of a total destruction of the Premises or in the event of a partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant occurs in the Premises. For purposes of this paragraph “partial destruction” shall mean destruction of no greater than one-third (1/3) last year of the replacement cost of the PremisesLease Term and will take more than sixty (60) days to repair. In no event shall Landlord be required to replace or restore Alterations, including the replacement cost of the Tenant Improvements paid for by Landlord. In Tenant from sources other than the event the Premises are more than partially destroyedWork Allowance, or in the event the repairs cannot be made within such one hundred eighty (180) day period, Landlord or Tenant may elect to terminate this Lease. Landlord shall not be required to restore Alterations or replace Tenant’s trade 's fixtures or personal property. In With respect to any partial a destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraphSection, Tenant waives the provision provisions of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California California, and any other similarly enacted statue are waived by Tenant statute, and the provisions of this Section 29 15 shall govern in the case of such destruction.

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) repair the damage or destruction during the Lease Term from any cause, Landlord shall forthwith repair the samesame to the extent of such proceeds, provided such repairs can be made within one hundred eighty (180) days from the date of receipt of all necessary governmental approvals necessary under the laws such partial destruction, and regulations of State, Federal, County or Municipal authorities, such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while until such repairs are being madecompleted, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. For purposes of this paragraph “"partial destruction” " shall mean destruction of no greater than one-third (1/3) of the replacement cost costs of the Premises, including including, the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises (i) are more than partially destroyed, or in the event (ii) the repairs cannot be made within such in one hundred eighty (180) day perioddays, Landlord or Tenant may elect to terminate this LeaseLease within fifteen (15) days of determination by Landlord of the foregoing. Landlord shall not be required to restore Alterations or replace Tenant’s trade 's fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision provisions of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue are waived by Tenant and the provisions of this Section 29 shall govern in the case of such destruction.of

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) repair the damage or destruction during the Lease Term from any cause, Landlord shall forthwith repair the same, provided such repairs can be made within one hundred eighty (180) days from the date of receipt of all necessary governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. For purposes of this paragraph “partial destruction” shall mean destruction of no greater than one-third (1/3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises are more than partially destroyed, or in the event the repairs cannot be made within such in one hundred eighty (180) day perioddays, Landlord or Tenant may elect to terminate this Lease. Landlord shall not be required to restore Initial Improvements, Alterations or replace Tenant’s trade fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue are waived by Tenant and the provisions of this Section 29 paragraph 28 shall govern in the case of such destruction.

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) repair the damage or destruction during the Lease Term from any cause, Landlord shall forthwith repair the samesame to the extent of such proceeds, provided such repairs can be made within one hundred eighty (180) days from the date of receipt of all necessary governmental approvals necessary under the laws and ind regulations of State, Federal, County or Municipal authoritiesauthorities (as reasonably determined by Landlord), and such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises, in the reasonable judgment of Landlord. For purposes of this paragraph “"partial destruction” " shall mean destruction of no greater than one-one- third (1/31 /3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises (i) are more than partially destroyed, or in the event (ii) the repairs cannot be made within such in one hundred eighty (180) day perioddays, Landlord or Tenant may elect to terminate this LeaseLease within fifteen (15) days of determination by Landlord of the foregoing. Landlord shall not be required to restore Alterations or replace Tenant’s trade 's fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue statute are waived by Tenant and the provisions of this Section 29 paragraph 28 shall govern in the case of such destruction.

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) repair the damage or destruction during the Lease Term from any cause, Landlord shall forthwith inspect the Premises within five (5) business days and shall notify Tenant within ten (10) business days thereafter of Landlord's intent to repair such damage or destruction, together with an estimate of when the samerestoration work required may be complete. If restoration of the Premises cannot be substantially completed within (i) 180 days, provided such repairs can be made or (ii) 50% of the remaining Lease Term, Landlord or Tenant shall have the option to terminate this Lease by delivery to the other of a written notice of election to terminate within one hundred eighty seven (1807) days after Tenant receives the estimate from the date of receipt of all necessary governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, such partial destruction shall in no way annul or void this Lease, except that Landlord. Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises, in the reasonable judgment of Landlord. For purposes of this paragraph “"partial destruction” " shall mean (i) destruction of no greater than one-third (1/3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements improvements paid for by Landlord, or (ii) destruction of a single portion of the Building which prevents Tenant from conducting its normal course of business. In the event the Premises are more than partially destroyed, or in the event the repairs cannot be made within such one hundred eighty (180) day period, Landlord or Tenant may elect to terminate this Lease. Landlord shall not be required to restore Alterations or replace Tenant’s trade 's fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue statute are waived by Tenant and the provisions of this Section 29 paragraph 28 shall govern in the case of such destruction.

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) repair the damage or destruction during the Lease Term from any cause, Landlord shall forthwith repair the samesame to the extent of such proceeds, provided such repairs can be made within one hundred eighty twelve (18012) days months from the date of receipt destruction as reasonably determined by the architect responsible for the reconstruction such determination to be made within sixty (60) days of all necessary governmental approvals necessary under the laws date of destruction, and regulations of State, Federal, County or Municipal authorities, such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. For purposes purpose of this paragraph Article “partial destruction” shall mean destruction of no greater than one-third (1/3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises (i) are more than partially destroyed, or in the event (ii) the repairs cannot be made within twelve (12) months from the date of destruction as reasonably determined by the architect responsible for the reconstruction such one hundred eighty determination to be made within sixty (18060) day period, Landlord or Tenant may elect to terminate this Leasedays of the date of destruction. Landlord shall not be required to restore Alterations or replace Tenant’s trade fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraphArticle, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue statute are waived by Tenant and the provisions of this Section 29 Article 28 shall govern in the case of such destruction. Any disputes between Landlord and Tenant with respect to the degree of damage or destruction of the Premises or the time necessary to rebuild shall be resolved by arbitration pursuant to Section 47 of this Lease.

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) repair the damage or destruction during the Lease Term from any cause, Landlord shall forthwith repair the samesame to substantially the same condition as immediately before the casualty, to the extent of such proceeds, provided such repairs can be made within one hundred eighty (180) days from the date of receipt of all necessary governmental approvals necessary under the laws casualty, and regulations of State, Federal, County or Municipal authorities, such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises, in the reasonable judgment of Landlord and Tenant. For purposes of this paragraph “"partial destruction” " shall mean destruction of no greater than one-third (1/3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises (i) are more than partially destroyed, or in the event (ii) the repairs cannot be made within such one hundred eighty (180) day periodin 180 days form the date of casualty, Landlord or Tenant may elect to terminate this LeaseLease by providing written notice to the other within thirty (30) days of the casualty. Landlord shall not be required to restore Alterations or replace Tenant’s trade 's fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraph, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue statute are waived by Tenant and the provisions of this Section 29 paragraph 28 shall govern in the case of such destruction.

Destruction by an Insured Casualty. In the event of a partial destruction of the Premises by a casualty for which Landlord is required has received insurance proceeds sufficient to maintain insurance under Section 13(B) repair the damage or destruction during the Lease Term from any cause, Landlord shall forthwith repair the samesame to the extent of such proceeds, provided such repairs can be made within one hundred eighty twelve (18012) days months from the date of receipt destruction as reasonably determined by the architect responsible for the reconstruction such determination to be made within sixty (60) days of all necessary governmental approvals necessary under the laws date of destruction, and regulations of State, Federal, County or Municipal authorities, such partial destruction shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of Base Monthly Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. For purposes of this paragraph “Article "partial destruction” " shall mean destruction of no greater than one-third (1/3) of the replacement cost of the Premises, including the replacement cost of the Tenant Improvements paid for by Landlord. In the event the Premises (i) are more than partially destroyed, or in the event (ii) the repairs cannot be made within twelve (12) months from the date of destruction as reasonably determined by the architect responsible for the reconstruction such one hundred eighty determination to be made within sixty (18060) day period, Landlord or Tenant may elect to terminate this Leasedays of the date of destruction. Landlord shall not be required to restore Alterations or replace Tenant’s trade 's fixtures or personal property. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this paragraphArticle, the provision of Section 1932, Subdivision 2, and of Section 1933, Subdivision 4, of the Civil Code of the State of California and any other similarly enacted statue statute are waived by Tenant and the provisions of this Section 29 Article 28 shall govern in the case of such destruction. Any disputes between Landlord and Tenant with respect to the degree of damage or destruction of the Premises or the time necessary to rebuild shall be resolved by arbitration pursuant to Section 47 of this Lease.