Duty to Restore. Tenant shall be obligated, with respect to any alteration or improvement, to restore the Leased Premises to their condition prior to such alteration or improvement unless Landlord shall waive in writing Tenant's obligation to restore such alteration or improvement at the time Landlord's consent to the alteration or improvement is requested. However, if an alteration, improvement or addition does not require Landlord's consent, then, at the expiration or sooner termination of this Lease, Tenant shall not be obligated to restore the Leased Premises to their condition prior to the making of such alteration, improvement or addition, and shall not be obligated to remove or cause to be removed such alteration, improvement or addition.
Duty to Restore. Subject to the provisions of Section 14.2, if at any time during the Term the Premises, the building in which the Premises is located, the Common Area and/or the Center are destroyed or damaged and either (a) such damage is not “substantial” as that term is hereinafter defined, or (b) such damage is an “insured loss” as that term is hereinafter defined, then Landlord shall commence the repair of any such damage to the Premises within ninety (90) days following the date of such damage and this Lease shall continue in full force and effect; it being agreed that Landlord shall have no obligation to Tenant with respect to any repair of the building in which the Premises is located or the Center, except for the Premises. In such event, Landlord shall only be required to repair so much of the Premises as Landlord was required initially to construct under Article 3, and Tenant shall be required to repair so much of the Premises as Tenant initially was required to construct under Article 3. Subject to any then applicable legal requirements or the requirement of any governmental authority having jurisdiction over such repairs, any portion of the Premises as so repaired by Landlord shall be substantially similar to such portion of the Premises as such portion existed just prior to such damage. Notwithstanding the foregoing, if (i) there are insufficient insurance proceeds to pay the cost of such repair, (ii) such proceeds are not made available to Landlord, (iii) Landlord is restricted by any governmental authority, in performing such repair, or (iv) such casualty is due to the acts or omissions of Tenant, Tenant’s affiliates, employees, agents, contractors, attorneys, invitees, or licensees or any similar person, then, in addition to its other rights and remedies, Landlord may elect, without limitation, to terminate this Lease. Landlord shall not be obligated to repair or restore Tenant’s Work or Tenant’s stock in trade, trade fixtures and personal property unless damage was due to Landlord’s negligence or willful misconduct. In the event of any repair under this Article 14 by Xxxxxx, said repair shall be in strict conformity with Landlord's reasonable specifications. All such repair work shall be performed by Xxxxxxxx's Tenant’s contractor unless Landlord shall otherwise agree in writing. Tenant, at its sole cost and expense, shall be responsible for the repair and restoration of all of its improvements within the Premises, including without limitation those impro...
Duty to Restore. Nothing in this Deed of Trust shall be deemed to excuse Trustor from restoring, repairing and maintaining the Property, as herein provided (other than Beneficiary’s failure to apply insurance proceeds to the restoration of the Property as and to the extent required by Section 7(c) above, which failure shall excuse Trustor only to the extent of the insurance proceeds so withheld by Beneficiary), regardless of whether or not insurance proceeds are available for restoration, whether or not any such proceeds are sufficient in amount, or whether or not the Property can be restored to the same condition and character as existed prior to such damage or destruction.
Duty to Restore. If the improvements on the Premises or the Shopping Center are partially or totally damaged by fire or other casualty so as to become partially or totally un-tenantable, which damage is insured against under any policy of fire or extended coverage insurance then covering the damaged improvements, this Lease shall not terminate and said improvements shall be rebuilt by Landlord at Landlord's expense unless Landlord elects to terminate this Lease as provided in Section 10.2, below.
Duty to Restore. The Performance Guarantee ensures the full and timely performance by the Tenant of all its obligations under the Lease and is security payment by the Tenant of all claims by City. City may draw on or make a claim against the Performance Guarantee if Tenant breaches or fails to perform under the Lease. If City draws on or makes a claim against the Performance Guarantee, then Tenant, upon demand from City, shall replenish the Performance Guarantee to its previous amount within thirty (30) days of City’s draw or claim.
Duty to Restore. If the Leased Premises are damaged by any casualty after the Commencement Date, Tenant shall restore fully the Leased Premises to the condition existing prior to such casualty (unless the Lease is terminated pursuant to Paragraph 11.2) and insurance proceeds relating to such damage shall be used in the restoration of the Leased Premises; provided that, so long as the Existing Mortgage is in effect, such proceeds shall be paid to the then current holder of the Existing Mortgage and applied in accordance with the terms of Section 1.09(a) thereof. If this Lease is not so terminated, then upon the issuance of all necessary governmental permits, Tenant shall commence and diligently prosecute to completion the restoration of the Leased Premises, to the extent then allowed by Law, to substantially the same condition as that existing immediately prior to such damage.
Duty to Restore. In the event the Premises or the Building of which the Premises are a part are damaged as a result of any cause, then Landlord shall forthwith repair the same, provided the extent of the destruction be less than twenty percent (20%) of the full replacement cost of the Premises or the Building of which the Premises are a part and the insurance proceeds available to Landlord are adequate to complete such repairs. In the event the destruction of the Premises or the Building is to an extent greater than twenty percent (20%) of the full replacement cost, then Landlord shall have the option (i) to repair or restore such damage and this Lease will continue in full force and effect provided such repairs may be completed no more than nine (9) months after said occurrence, except that Tenant shall be entitled to a proportionate reduction of Basic Rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall materially interfere with the business carried on by Tenant in the Premises (provided, however, that if the damage is due to the fault or neglect of Tenant or its employees, there shall be no abatement of Basic Rent); or (ii) give notice to Tenant at any time within sixty (60) days after such damage terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in such notice and Rent shall be paid up to date of such termination.
Duty to Restore. Nothing in this Mortgage shall be deemed to excuse Mortgagor from restoring, repairing and maintaining the Property, as herein provided, regardless of whether or not insurance proceeds are available for restoration, whether or not any such proceeds are sufficient in amount, or whether or not the Property can be restored to the same condition and character as existed prior to such damage or destruction.
Duty to Restore. Upon Borrowers’ delivery of a Stop Notice, Borrowers shall promptly commence and diligently proceed with the full restoration of the Adjacent Property and the Hotel/Casino Property, as and to the extent each has been impacted by Borrowers’ construction to date, including, without limitation, any Pre-Construction Work, to the condition in which it or they, as applicable, existed on the Closing Date or another condition satisfactory to Lender in its sole discretion, except if any of the apartment buildings on the Adjacent Property were demolished as permitted in Section 3.18 hereof, Borrowers shall not be obligated to rebuild such buildings.
Duty to Restore. Mortgagor shall promptly restore in a good and workmanlike manner any Improvements which may be damaged or destroyed from any cause whatsoever, regardless of whether or not insurance proceeds are available for restoration (unless the unavailability of insurance proceeds results solely from Mortgagee's wrongful withholding thereof from Mortgagor), whether or not any such proceeds are sufficient in amount, or whether or not the Mortgage Estate can be restored to the same condition and character as existed prior to such damage or destruction.
