Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article XI, Landlord shall have no obligation to repair the Premises if either: (a) the Building in which the Premises are located is so damaged as to require repairs to the Building exceeding twenty percent (20%) of the full insurable value of the Building; or (b) Landlord elects to demolish the Building in which the Premises are located; or (c) the damage or destruction occurs less than two (2) years prior to the Expiration Date, exclusive of option periods. In addition, Landlord's obligation to repair as set forth in this Article XI shall be limited to the extent of insurance proceeds made available to Landlord. Further, Tenant's Rent shall not be abated if either (i) the damage or destruction is repaired within five (5) business days after Landlord receives written notice from Tenant of the casualty, or (ii) Tenant, or any officers, partners, employees, agents or invitees of Tenant, or any assignee or subtenant of Tenant, is, in whole or in part, responsible for the damage or destruction.
Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article XI, Landlord shall have no obligation to repair the Premises if either: (a) the Building in which the Premises are located is so damaged as to require repairs to the Building exceeding twenty percent (20%) of the full insurable value of the Building; or (b) Landlord elects to demolish the Building in which the Premises are located; or (c) the damage or destruction occurs less than two (2) years prior to the Termination Date, exclusive of option periods; or (d) the damage or destruction is caused by an uninsured event. Further, Tenant’s Rent shall not be abated if either (i) the damage or destruction is repaired within five (5) business days after Landlord receives written notice from Tenant of the casualty, or (ii) Tenant, or any officers, partners, employees, agents or invitees of Tenant, or any assignee or subtenant of Tenant, is, in whole or in part, responsible for the damage or destruction.
Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article 16, Landlord shall have no obligation to repair the Premises and shall have the right to terminate this Lease in any case where (a) any portion of the Premises is damaged and (b) (i) Landlord estimates in good faith that the repair and restoration of such damage under Section 16.1 (“Restoration”) cannot reasonably be completed (without the payment of overtime) within one hundred eighty (180) days of Landlord’s actual discovery of such damage, (ii) the Mortgagee requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Mortgagee, (iii) the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and payments received by Landlord from Tenant, or (iv) such Casualty occurs (or Landlord discovers the damage relating thereto) at any time within the last eighteen (18) months of the then applicable Term (disregarding the Option Period), unless Tenant exercises its Option to Extend the Lease within thirty (30) days after the Casualty. Such right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following the Casualty until forty-five (45) days following the later of (x) delivery of the Damage Notice or (y) Landlord’s discovery or determination of any of the events described in clauses (i) through (v) of the preceding sentence and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days thereafter).
Exceptions to Landlord’s Obligations. The obligations of the Landlord under Sections 5.2 and 5.3 shall be subject to the following exceptions:
(a) reasonable wear and tear which does not affect the proper use and enjoyment of the Building;
(b) repairs to, replacement or shampooing of carpeting (if any) in the Leased Premises;
(c) the obligations of the Tenant under Article IV;
(d) damage or injury resulting from any occurrence for which the Landlord is not required to maintain insurance under this Lease or which is in excess of the insurance proceeds actually received by the Landlord from any coverages that are in place; and
(e) damage or injury caused by or resulting from any act, default or negligence of the Tenant, its officers, agents, servants, employees, contractors, invitees and licensees.
Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article 12, Landlord shall have no obligation to repair the Premises and shall have the right to terminate this Lease in any case where (a) any portion of the Premises or any material portion of the Project is damaged and (b) (i) Landlord estimates in good faith that the repair and restoration of such damage under Section 12.1 (“Restoration”) cannot reasonably be completed (without the payment of overtime) within one hundred eighty (180) days of Landlord’s actual discovery of such damage, (ii) the Holder of any Security Document requires the application of any insurance proceeds with respect to such Casualty to be applied to the outstanding balance of the obligation secured by such Security Document, (iii) the cost of such Restoration is not fully covered by insurance proceeds available to Landlord and/or payments received by Landlord from tenants, (iv) Tenant shall be entitled to an abatement of rent under this Section 12 for any period of time in excess of thirty-three percent (33%) of the remainder of the Term, or (v) such Casualty occurs (or Landlord discovers the damage relating thereto) at any time within the last eighteen (18) months of the then applicable Term (disregarding Extension Terms if any). Such right of termination shall be exercisable by Landlord by delivery of written notice to Tenant at any time following the Casualty until forty-five (45) days following the later of (X) delivery of the Damage Notice or (Y) Landlord’s discovery or determination of any of the events described in clauses (i) through (v) of the preceding sentence and shall be effective upon delivery of such notice of termination (or if Tenant has not vacated the Premises, upon the expiration of thirty (30) days thereafter).
Exceptions to Landlord’s Obligations. Notwithstanding the foregoing, in no event shall Landlord have an obligation to repair the Premises if either: (a) the Building is so damaged as to require costs of repairs exceeding ten percent (10%) of the full insurable value of the Building; or (b) Landlord elects to demolish the Building; or (c) the damage or destruction occurs during the last two (2) years of the Lease Term. Tenant’s Fixed Rent shall not be abated if either (i) the damage or destruction is repaired within twenty (20) business days after Xxxxxxxx received written notice from Tenant of the casualty, or (ii) Tenant or Tenant’s employees, contractors, agents or invitees are, in whole or in part, responsible for the damage or destruction, except that such abatement shall apply under this clause (ii) to the extent Landlord receives rental loss proceeds for the same.
Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article 11, Landlord shall have no obligation to repair the Premises if either: (a) the Building is so damaged as to require repairs to the Building exceeding twenty percent (20%) of the full insurable value of the Building; or (b) the damage or destruction occurs within three hundred sixty-five (365) calendar days of the Expiration Date (inclusive of option periods which either have been exercised by Tenant or which remain capable of being exercised by Tenant).
Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article XI, Landlord shall have no obligation to repair the Premises if either: (a) there is an uninsured casualty or partially insured casualty and the Building in which the Premises are located is so damaged as to require repairs to the Building exceeding ten (10%) of the full insurable value of the Building; or (b) Landlord elects to demolish the Building in which the Premises are located; or (c) the damage or destruction occurs less than one (1) year prior to the Expiration Date and Tenant does not elect to exercise its Renewal Option at that time. Further, Tenant’s Rent shall not be abated if Tenant, or any officers, managers, members, partners, employees, agents or invitees, or any assignee or subtenant of Tenant, is, in whole or in part, responsible for the damage or destruction. Notwithstanding the foregoing, no lender or mortgagee shall have any obligation to restore any damage except to the extent of insurance proceeds actually received by it.
Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article XI, Landlord shall have no obligation to repair the Premises if either: (a) there is an uninsured casualty or partially insured casualty and damage to the Building that is uninsured exceeds twenty percent (20%) of the full insurable value of the Building; or (b) Landlord elects to demolish the Building in which the Premises are located; or (c) the damage or destruction occurs less than one (1) year prior to the Expiration Date and Tenant does not elect to exercise its Renewal Option at that time. Further, Tenant’s Rent shall not be abated if Tenant, or any officers, managers, members, partners, employees, agents or invitees, or any assignee or subtenant of Tenant, is, in whole or in part, responsible for the damage or destruction.
Exceptions to Landlord’s Obligations. Notwithstanding anything to the contrary contained in this Article XII, Landlord shall have no obligation to repair the Premises if either: (a) the Building in which the Premises are located is so damaged as to require repairs to the Building exceeding twenty percent (20%) of the full insurable value of the Building; or (b) Landlord elects to demolish the Building in which the Premises are located; or (c) the damage or destruction occurs less than two (2) years prior to the Termination Date, exclusive of option periods. Further, Tenant's Rent shall not be abated if either (i) the damage or destruction is repaired within five (5) business days after Landlord receives written notice from Tenant of the casualty, or (ii) Tenant, or any officers, partners, employees, agents or invitees of Tenant, or any assignee or subtenant of Tenant, is, in whole or in part, responsible for the damage or destruction. If Landlord elects not to repair the Premises pursuant to this Section 12.03, then Landlord shall give Tenant written notice of such election within thirty (30) days after the date of the damage or destruction, and Tenant shall have the right, by written notice given to Landlord within thirty (30) days after Tenant’s receipt of Landlord’s election not to repair, to terminate this Lease as of the date of the damage or destruction.
