Common use of DESTRUCTION BY FIRE OR OTHER CAUSE Clause in Contracts

DESTRUCTION BY FIRE OR OTHER CAUSE. Section 13.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 13.2 and 13.3 below, proceed with reasonable diligence to repair or cause to be repaired such damage at its expense, but in no event shall Landlord be obligated to repair any damage to or to restore any of Tenant’s leasehold improvements or Alterations, whether initially installed by Landlord or Tenant. For the avoidance of doubt, however, Landlord’s restoration obligations shall include the following items in the Premises: the floor slabs, columns, ceilings, radiators, mechanical equipment rooms, exterior windows, roof and Building Systems and Landlord’s Post-Delivery Work, including, without limitation, the Exclusive Elevators. Tenant shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations made by or for Tenant in the Premises. If the Premises, or any part thereof (other than the Terrace), shall be rendered untenantable by reason of such damage and such damage shall not be due to the fault of Tenant or Persons Within Tenant’s Control, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the earlier of (i) the date which is 120 days after the repair of such damage shall have been Substantially Completed and (ii) the date upon which Tenant reoccupies the Premises for the conduct of its business. Notwithstanding any provisions contained in this Lease to the contrary, there shall be no abatement with respect to any portion of the Premises which has not been so damaged and which is accessible unless otherwise rendered unusable for the conduct of Tenant’s business as a result of damage to any critical paths or closets necessary for the operation of the Premises, including communications closets and other Tenant’s systems or Building Systems. Landlord’s determination of the date when the Premises are tenantable shall be controlling unless Tenant disputes the same by notice to Landlord given within thirty (30) days after such determination by Landlord, and pending resolution of such dispute, Tenant shall commence the payment of the Fixed Rent and the Escalation Rent that had been abated, as of the date specified by Landlord. Each of Tenant and Landlord covenants and agrees to reasonably cooperate with the other (and in the case of Tenant, any Lessor or any Mortgagee) in each party’s efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties.

DESTRUCTION BY FIRE OR OTHER CAUSE. Section 13.1. If (a) Tenant shall give notice to Landlord, promptly after Tenant learns thereof; of any accident, emergency, occurrence, fire or other casualty and all damages to or defects in the Premises or any part thereof the Building. Such notice shall be damaged given by fire telecopy or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall, subject personal delivery to the provisions address(es) of Sections 13.2 Landlord in effect for Notices pursuant to Paragraph 19 of this Agreement. In such event, Landlord may (i) terminate this Agreement by notice of termination given to Tenant within 30 days after the date of such damage and 13.3 belowthis Agreement shall expire as of the date of termination stated in said notice with the same effect as if that date were the Expiration Date, and Fixed Rent hereunder shall be apportioned as of such date, or (ii) proceed with reasonable diligence diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, but in no event shall . If Landlord be obligated to repair any damage to or to restore any of Tenant’s leasehold improvements or Alterations, whether initially installed by Landlord or Tenant. For the avoidance of doubt, however, Landlord’s restoration obligations shall include the following items does not terminate this Agreement as set forth in the Premises: foregoing subparagraph (a)(i) and if the floor slabs, columns, ceilings, radiators, mechanical equipment rooms, exterior windows, roof and Building Systems and Landlord’s Post-Delivery Work, including, without limitation, damaged portion of the Exclusive Elevators. Tenant shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations made by or for Tenant in the Premises. If the Premises, or any part thereof (other than the Terrace), Premises shall be rendered untenantable by reason of such damage and such damage shall not be due to the fault of Tenant or Persons Within Tenant’s Tenants Control, then the Fixed Rent and the Escalation Rent hereunderRent, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the earlier of (i) the date which is 120 days after when the repair of such damage shall have been Substantially Completed and (ii) substantially completed. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord. In addition, if Landlord has not completed such repair or restoration to the Premises within six months after the date of the casualty, or if the casualty occurs within the last six months of the Term, then Tenant may terminate this Agreement upon which Tenant reoccupies the Premises for the conduct of its business. Notwithstanding any provisions contained in this Lease notice to Landlord (provided that such notice is given prior to the contrary, there shall be no abatement with respect to any portion restoration of the Premises which has not been so damaged and which is accessible unless otherwise rendered unusable for the conduct of Tenant’s business as a result of damage to any critical paths or closets necessary for the operation of the Premises, including communications closets and other Tenant’s systems or Building Systems. Landlord’s determination of the date when the Premises are tenantable shall be controlling unless Tenant disputes the same by notice to Landlord given within thirty (30) days after such determination by Landlord, and pending resolution of such dispute, Tenant shall commence the payment of the Fixed Rent and the Escalation Rent that had been abated, as of the date specified by Landlord. Each of Tenant and Landlord covenants and agrees to reasonably cooperate with the other (and in the case of Tenant, any Lessor or any Mortgagee) in each party’s efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties.)

DESTRUCTION BY FIRE OR OTHER CAUSE. Section 13.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 13.2 and 13.3 below, proceed with reasonable diligence diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, but in no event shall Landlord be obligated to repair any damage to or to restore any of Tenant’s leasehold improvements or AlterationsAlterations (including, without limitation, Landlord’s Initial Alterations Work), whether initially installed by Landlord or Tenant. For the avoidance of doubt, however, Landlord’s restoration obligations shall include the following items in the Premises: the floor slabs, columns, ceilings, radiators, mechanical equipment rooms, exterior windows, roof and Building Systems and Landlord’s Post-Delivery Work, including, without limitation, the Exclusive Elevators. Tenant shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations (including, without limitation, Landlord’s Initial Alterations Work) made by or for Tenant in the Premises. If the Premises, or any part thereof (other than the Terrace)thereof, shall be rendered untenantable by reason of such damage and such damage shall not be due to the fault of Tenant or Persons Within Tenant’s Controldamage, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the earlier of (i) the date which is 120 days after when the repair of such damage shall have been Substantially Completed and (ii) the date upon which Tenant reoccupies the Premises for the conduct of its businesssubstantially completed. Notwithstanding any provisions contained in this Lease to the contrary, there shall be no abatement with respect to any portion of the Premises which has not been so damaged and which is accessible unless otherwise rendered unusable usable for the normal conduct of Tenant’s business as (and no abatement shall be applicable to the Terrace), provided, however, that if more than fifty percent (50%) of a result of damage to any critical paths or closets necessary for the operation floor of the PremisesPremises is so unusable and Tenant in its reasonable judgment cannot operate its business in the remainder of such floor that is usable, including communications closets the entire floor shall be deemed unusable and other Tenant’s systems or Building Systemsthe Fixed Rent and Escalation Rent shall xxxxx on the entire floor. Any dispute as to whether Tenant cannot operate its business in the remainder of such floor shall be determined by expedited arbitration commenced by either party in accordance with Article 43 of this Lease. Landlord’s determination of the date when the Premises are tenantable shall be controlling unless Tenant disputes the same by notice to Landlord given within thirty ten (3010) days Business Days after such determination by Landlord, and pending resolution of such dispute, Tenant shall commence the payment of the Fixed Rent and the Escalation Rent that had been abated, as of the date specified by Landlord. Each of Tenant and Landlord covenants and agrees to reasonably cooperate with the other (Landlord and in the case of Tenant, any Lessor or any Mortgagee) Mortgagee in each party’s their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any other cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. Section 13.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 13.2 and 13.3 below, proceed with reasonable diligence diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, to substantially their condition immediately prior to such damage but in no event shall Landlord be obligated to repair any damage to or to restore any greater than the scope of Tenant’s leasehold improvements or Alterations, whether initially installed by Landlord or Tenant. For the avoidance of doubt, however, Landlord’s restoration obligations shall include construction of the following items in Premises on the Premises: the floor slabsCommencement Date; and, columns, ceilings, radiators, mechanical equipment rooms, exterior windows, roof and Building Systems and Landlord’s Post-Delivery Work, including, without limitation, the Exclusive Elevators. Tenant shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations made by or for Tenant in the Premises. If if the Premises, or any part thereof (other than the Terrace)thereof, shall be rendered untenantable by reason of such damage and such damage shall not be due to the fault of Tenant or Persons Within Tenant’s Control, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the earlier of (i) the date which is 120 days after when the repair of such damage shall have been Substantially Completed and (ii) the date upon which substantially completed. Tenant reoccupies the Premises for the conduct of its business. Notwithstanding any provisions contained in this Lease to the contrary, there shall be no abatement with respect to any portion of the Premises which has not been so damaged and which is accessible unless otherwise rendered unusable for the conduct of Tenant’s business as a result of damage to any critical paths or closets necessary for the operation of the Premises, including communications closets and other Tenant’s systems or Building Systems. Landlord’s determination of the date when the Premises are tenantable shall be controlling unless Tenant disputes the same by notice to Landlord given within thirty (30) days after such determination by Landlord, and pending resolution of such dispute, Tenant shall commence the payment of the Fixed Rent and the Escalation Rent that had been abated, as of the date specified by Landlord. Each of Tenant and Landlord covenants and agrees to reasonably cooperate with the other (Landlord and in the case of Tenant, any Lessor or any Mortgagee) Mortgagee in each party’s their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. Section 13.1. 13.1 If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 13.2 and 13.3 below, proceed with commercially reasonable diligence, after receipt of the net proceeds of Landlord’s insurance (which Landlord shall use commercially reasonable diligence to obtain), to repair or cause to be repaired such damage at its expense, but in no event shall Landlord be obligated to repair any damage to or to restore any of Tenant’s leasehold improvements or Alterations, whether initially installed by Landlord or Tenant. For Tenant, after receipt of the avoidance net proceeds of doubtTenant’s insurance (which Tenant shall use commercially reasonable diligence to obtain), however, Landlord’s restoration obligations shall include the following items in the Premises: the floor slabs, columns, ceilings, radiators, mechanical equipment rooms, exterior windows, roof and Building Systems and Landlord’s Post-Delivery Work, including, without limitation, the Exclusive Elevators. Tenant shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations made by or for Tenant in the Premises. If the Premises, or any part thereof (other than the Terrace)thereof, shall be rendered untenantable by reason of such damage and such damage shall not be due to the fault of Tenant or Persons Within Tenant’s Controldamage, then the Fixed Rent and the Escalation Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantable), shall be abated for the period from the date of such damage to the earlier of (i) the date which is 120 sixty days after the repair of such damage shall have been Substantially Completed and (ii) the date upon which Tenant reoccupies the Premises for the conduct of its businessCompleted. Notwithstanding any provisions contained in this Lease to the contrary, there shall be no abatement with respect to any portion of the Premises which has not been so damaged and which is accessible unless otherwise rendered unusable and reasonably usable for the Permitted Use, provided that the continued operation of Tenant’s business in such portion of the Premises is reasonably practicable (it being agreed that if Tenant is actually occupying such portion of the Premises for the conduct of Tenant’s business as a result of damage to any critical paths or closets necessary for the its business, continued operation of the Premises, including communications closets and other Tenant’s systems or Building Systemstherein shall be deemed reasonably practicable). Landlord’s determination of the date when the Premises are tenantable shall be controlling unless Tenant disputes the same by notice to Landlord given within thirty (30) days 10 Business Days after such determination by LandlordLandlord in writing to Tenant, and pending resolution of such dispute, Tenant shall commence the payment of the Fixed Rent and the Escalation Rent that had been abated, as of the date specified by Landlord. Each of Tenant and Landlord covenants and agrees to reasonably cooperate with the other (Landlord and in the case of Tenant, any Lessor or any Mortgagee) Mortgagee in each party’s their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.

DESTRUCTION BY FIRE OR OTHER CAUSE. Section 13.1. If the Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. Landlord shall, subject to the provisions of Sections 13.2 and 13.3 below, proceed with reasonable diligence diligence, after receipt of the net proceeds of insurance, to repair or cause to be repaired such damage at its expense, but in no event shall Landlord be obligated to repair any damage to or to restore any of Tenant’s leasehold improvements or Alterations, whether initially installed by Landlord or Tenant. For the avoidance of doubt, however, Landlord’s restoration obligations shall include the following items in the Premises: the floor slabs, columns, ceilings, radiators, mechanical equipment rooms, exterior windows, roof and Building Systems and Landlord’s Post-Delivery Work, including, without limitation, the Exclusive Elevators. Tenant shall repair and restore in accordance with Article 6 and with reasonable dispatch all leasehold improvements and Alterations made by or for Tenant in the Premises. If the Premises, or any part thereof (other than the Terrace)thereof, shall be rendered untenantable or Tenant shall be denied reasonable access thereto, by reason of such damage and such damage shall not be due to the fault of Tenant or Persons Within Tenant’s Controldamage, then the Fixed Rent and the Escalation Additional Rent hereunder, or an amount thereof apportioned according to the area of the Premises so rendered untenantable (if less than the entire Premises shall be so rendered untenantableuntenantable or to which Tenant does not have reasonable access), shall be abated for the period from the date of such damage to the date which is the earlier of (i) 90 days after the date which is 120 days after when the repair of such damage shall have been Substantially Completed substantially completed and (ii) the date upon which when Tenant reoccupies again occupies the damaged portion of the Premises for the conduct of its business. Notwithstanding any provisions contained in this Lease to the contrary, there shall be no abatement with respect to any portion of the Premises which has not been so damaged and which is accessible unless otherwise rendered unusable for the conduct of Tenant’s business as a result of damage to any critical paths or closets necessary for the operation of the Premises, including communications closets and other Tenant’s systems or Building Systemsreasonably accessible. Landlord’s determination of the date when the Premises are tenantable shall be controlling unless Tenant disputes the same by notice to Landlord given within thirty ten (3010) days Business Days after such determination by Landlord, and pending resolution of such dispute, Tenant shall commence the payment of the Fixed Rent and the Escalation Additional Rent that had been abated, as of the date specified by Landlord. Each of Tenant and Landlord covenants and agrees to reasonably cooperate with the other (Landlord and in the case of Tenant, any Lessor or any Mortgagee) Mortgagee in each party’s their efforts to collect insurance proceeds (including rent insurance proceeds) payable to such parties. Landlord shall not be liable for any delay which may arise by reason of adjustment of insurance on the part of Landlord and/or Tenant, or any cause beyond the control of Landlord or contractors employed by Landlord.