Common use of Landlord's Obligation to Rebuild Clause in Contracts

Landlord's Obligation to Rebuild. If all or any portion of the Demised Premises is damaged by fire or other casualty and if Landlord has not elected to terminate this Lease, Landlord shall, within a reasonable time after such occurrence, shall repair or rebuild the Demised Premises or such portion to its condition immediately prior to the Commencement Date reasonable wear and tear excepted. Notwithstanding the above provisions of this Section 12.03, if the restoration of the Demised Premises, as required of the Landlord, is not substantially completed by Landlord within one hundred eighty (180) days after the Landlord’s insurance carrier(s) makes available insurance proceeds for the restoration of the Demised Premises, (as such date may be extended by one day for each day of delay caused by force majeure conditions beyond the control of Landlord and/or which are caused by the Tenant’s and/or any of the Tenant Parties’ physical interference with the Landlord’s repairs and restoration work, or Tenant’s failure to cooperate with the Landlord’s restoration of the Demised Premises), then Tenant shall, have the right, by written notice to the Landlord, to terminate this Lease, and such notice of termination shall be effective and binding on Landlord and Tenant as of sixty (60) days following the giving of such written notice, unless, Landlord substantially completes such repair and restoration work required of Landlord prior to the end of the sixty (60) day period following the giving of such written notice.

Landlord's Obligation to Rebuild. If all or any portion of In the Demised event the Leased Premises is are damaged by fire fire, explosion or other casualty and if Landlord has not elected to terminate this Leasecasualty, Landlord shallshall commence the repair, restoration or rebuilding thereof within a reasonable time after such occurrence, shall repair or rebuild the Demised Premises or such portion to its condition immediately prior to the Commencement Date reasonable wear and tear excepted. Notwithstanding the above provisions of this Section 12.03, if the restoration of the Demised Premises, as required of the Landlord, is not substantially completed by Landlord within one hundred eighty (180) days after the Landlord’s insurance carrier(s) makes available insurance proceeds for the restoration of the Demised Premises, (as such date may be extended by one day for each day of delay caused by force majeure conditions beyond the control of Landlord and/or which are caused by the Tenant’s and/or any of the Tenant Parties’ physical interference with the Landlord’s repairs and restoration work, or Tenant’s failure to cooperate with the Landlord’s restoration of the Demised Premises), then Tenant shall, have the right, by written notice to the Landlord, to terminate this Lease, and such notice of termination shall be effective and binding on Landlord and Tenant as of sixty (60) days following after such damage and shall complete such restoration, repair or rebuilding within one hundred fifty (150) days after the giving commencement thereof, provided that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. If the casualty or the repair, restoration or rebuilding caused thereby shall render the Leased Premises untenantable, in whole or in part, rent shall be equitably abated during the period of untenantability and Tenant shall have no liability for the abated rent. If such written noticea fire, unlessexplosion or other casualty damages the building in which the Leased Premises are located in a material or substantial way during the last two (2) years of the original Term or the then applicable Option Term, then unless Tenant exercises an outstanding option for an Option Term, Landlord substantially completes such repair and restoration work required may, in lieu of Landlord prior to repairing, restoring or rebuilding the end of the same, terminate this Lease within sixty (60) day period following days after the giving occurrence of the event causing the damage by notice to Tenant. In such written noticeevent, the obligation of Tenant to pay rent and other charges hereunder shall end as of the date when the damage occurred.

Landlord's Obligation to Rebuild. If all or any portion of In the Demised Premises event the Building is damaged by fire fire, explosion or other casualty and if Landlord has not elected to terminate this Leasecasualty, Landlord shallshall commence the repair, restoration or rebuilding thereof within a reasonable time thirty (30) days after Landlord receives insurance proceeds therefor or within 120 days of casualty loss, whichever is earlier, and shall complete such occurrencerestoration, shall repair or rebuild the Demised Premises or such portion to its condition immediately prior to the Commencement Date reasonable wear and tear excepted. Notwithstanding the above provisions of this Section 12.03, if the restoration of the Demised Premises, as required of the Landlord, is not substantially completed by Landlord rebuilding within one hundred eighty (180) days after the Landlord’s insurance carrier(s) makes available insurance proceeds for the restoration commencement thereof, provided that if construction is delayed because of the Demised Premiseschanges, (as such date may be extended deletions, or additions in construction requested by one day for each day Tenant, strikes, lockouts, casualties, acts of delay caused by force majeure conditions God, war, material or labor shortages, governmental regulation or control or other causes beyond the control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord and/or which are is so delayed. If the casualty or the repair, restoration or rebuilding caused by thereby shall render the Tenant’s and/or any Building untenantable, in whole or in part, rent shall be equitably abated during the period of untenantability and Tenant shall have no liability for the abated rent, provided, however, that Tenant Parties’ physical interference with shall on a monthly basis, advance to Landlord the Landlord’s repairs and restoration work, or Tenant’s failure to cooperate with the Landlord’s restoration of the Demised Premises), then Tenant shall, have the right, by written notice sum equal to the Landlord, to terminate this Leasefull monthly payment of rent and other charges otherwise due hereunder, and such notice of termination advances shall be effective repaid by Landlord to Tenant within thirty (30) days of receipt therefor from the proceeds of Landlord's business income insurance on the Premises collected and binding retained by Landlord for the period of such untenantability, provided however, that if Tenant shall not be repaid in full for any such advanced abated rent within said 30 days, such advances abated rent within said 30 days, such advances shall cease until reconstruction or termination as provided herein and Landlord shall look exclusively to such insurance. Landlord shall remain fully insured against loss of business income on the Premises. If such a fire, explosion or other casualty damages the building in which the Premises are located, in a material or substantial way, Landlord and Tenant as may, in lieu of repairing, restoring or rebuilding the same, terminate this Lease within sixty (60) days following after the giving of such written notice, unless, Landlord substantially completes such repair and restoration work required of Landlord prior to the end occurrence of the sixty (60) day period following event causing the giving damage by written notice to Tenant. In such event, the obligation of such written noticeTenant to pay rent and other charges hereunder shall end as of the date when the damage occurred.

Landlord's Obligation to Rebuild. If all or any portion of In the Demised event the Leased Premises is are damaged by fire fire, explosion or other casualty and if Landlord has not elected to terminate this Leasecasualty, Landlord shallshall commence the repair, restoration or rebuilding thereof within a reasonable time after such occurrence, shall repair or rebuild the Demised Premises or such portion to its condition immediately prior to the Commencement Date reasonable wear and tear excepted. Notwithstanding the above provisions of this Section 12.03, if the restoration of the Demised Premises, as required of the Landlord, is not substantially completed by Landlord within one hundred eighty (180) days after the Landlord’s insurance carrier(s) makes available insurance proceeds for the restoration of the Demised Premises, (as such date may be extended by one day for each day of delay caused by force majeure conditions beyond the control of Landlord and/or which are caused by the Tenant’s and/or any of the Tenant Parties’ physical interference with the Landlord’s repairs and restoration work, or Tenant’s failure to cooperate with the Landlord’s restoration of the Demised Premises), then Tenant shall, have the right, by written notice to the Landlord, to terminate this Lease, and such notice of termination shall be effective and binding on Landlord and Tenant as of sixty (60) days following after such damage and shall complete such restoration, repair or rebuilding within one hundred fifty (150) days after the giving commencement thereof, provided that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. If the casualty or the repair, restoration or rebuilding caused thereby shall render the Leased Premises untenantable, in whole or in part, rent shall be equitably abated during the period of untenantability and Tenant shall have no liability for the abated rent. If such written noticea fire, unlessexplosion or other casualty damages the building in which the Leased Premises are located, in a material or substantial way, Landlord substantially completes such repair and restoration work required may, in lieu of Landlord prior to repairing, restoring or rebuilding the end of the same, terminate this Lease within sixty (60) day period following days after the giving occurrence of the event causing the damage by notice to Tenant. In such written noticeevent, the obligation of Tenant to pay rent and other charges hereunder shall end as of the date when the damage occurred.

Landlord's Obligation to Rebuild. If all or any portion of In the Demised event the Leased Premises is are damaged by fire fire, explosion or other casualty, Landlord shall commence the repair, restoration or rebuilding thereof within sixty (60) days after such damage and shall complete such restoration, repair or rebuilding within one hundred fifty (150) days after the commencement thereof, provided that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. If the casualty or the repair, restoration or rebuilding caused thereby shall render the Leased Premises untenantable, in whole or in part, rent shall be equitably abated during the period of untenantability and Tenant shall have no liability for the abated rent. If such a fire, explosion or other casualty and if damages the building in which the Leased Premises are located in a material or substantial way during the last six (6) months of the original Term or the then applicable Option Term, then unless Tenant exercises an outstanding option for an Option Term, Landlord has not elected to may, in lieu of repairing, restoring or rebuilding the same, terminate this Lease, Landlord shall, within a reasonable time after such occurrence, shall repair or rebuild the Demised Premises or such portion to its condition immediately prior to the Commencement Date reasonable wear and tear excepted. Notwithstanding the above provisions of this Section 12.03, if the restoration of the Demised Premises, as required of the Landlord, is not substantially completed by Landlord Lease within one hundred eighty (180) days after the Landlord’s insurance carrier(s) makes available insurance proceeds for the restoration occurrence of the Demised Premisesevent causing the damage by notice to Tenant. In such event, (the obligation of Tenant to pay rent and other charges hereunder shall end as such date may be extended by one day for each day of delay caused by force majeure conditions beyond the control of Landlord and/or which are caused by the Tenant’s and/or any of the Tenant Parties’ physical interference with date when the Landlord’s repairs and restoration work, or Tenant’s failure to cooperate with the Landlord’s restoration of the Demised Premises), then Tenant shall, have the right, by written notice to the Landlord, to terminate this Lease, and such notice of termination shall be effective and binding on Landlord and Tenant as of sixty (60) days following the giving of such written notice, unless, Landlord substantially completes such repair and restoration work required of Landlord prior to the end of the sixty (60) day period following the giving of such written noticedamage occurred.

Landlord's Obligation to Rebuild. If all Unless this Lease is terminated as set forth in Paragraphs 23(a) or any 23(b) above, Landlord shall proceed with due diligence to restore the portion of the Demised Premises is damaged by fire or other casualty and if Landlord has not elected and/or the Building subject to terminate this Lease, Landlord shall, within a reasonable time after such occurrence, shall repair or rebuild the Demised Premises or such portion to its condition immediately prior Damage to the Commencement Date reasonable wear and tear excepted. Notwithstanding condition that existed immediately before the above provisions of this Section 12.03, if the restoration of the Demised Premises, as required of the Landlord, is not substantially completed by Landlord Damage within one hundred eighty twenty (180120) days after the Damage (or such longer period if Landlord’s insurance carrier(sarchitect in his professional opinion determines that the Premises and/or the Building cannot be restored within one hundred twenty (120) makes available insurance proceeds for day period), subject to the restoration provisions of the Demised PremisesParagraph 29 below. Subject to Force Majeure and tenant caused delays, (as such date may be extended by one day for each day of delay caused by force majeure conditions beyond the control of including Tenant Delays, if Landlord and/or which are caused by the Tenant’s and/or any of the Tenant Parties’ physical interference with the Landlord’s fails to complete all repairs and restoration work, or Tenant’s failure to cooperate with within one hundred fifty (150) days from the Landlord’s restoration date of the Demised Premises)Damage, and Landlord then fails to complete such repairs and restoration within thirty (30) days after written notice by Tenant shallthereof for reasons other than Force Majeure or tenant caused delays, have the rightincluding any Tenant Delays, Tenant may terminate this Lease by written notice to the Landlord, Landlord at any time prior to terminate this Lease, and such notice of termination shall be effective and binding on Landlord and Tenant as of sixty (60) days following the giving of such written notice, unless, Landlord substantially completes such completing its repair and restoration work required obligations and the date of Landlord prior Tenant’s notice shall be deemed to be the end last day of the sixty (60) day period following Term of this Lease with the giving same force and effect as if such date were the date originally established as the expiration date hereof. Notwithstanding the foregoing, Landlord shall have no duty to restore or repair any damage to any Alterations made by Tenant or any of such written noticeTenant’s Personal Property. If an intentional or negligent act or omission of Tenant or a Tenant Party did not cause the Damage, Rent shall xxxxx from the date of the Damage to date of completion of the restoration in proportion to that part of the Premises that is unfit for use in Tenant’s business.