Landlord's Obligation to Restore. In the event of a destruction of the Premises during the Lease Term Landlord shall repair the same to a similar condition to that which existed prior to such destruction. Such destruction shall not annul or void this Lease; however, 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 interfere with Tenant's business in the Premises, as reasonably determined by Landlord. In no event shall Landlord be required to replace or restore Alterations, Tenant Improvements, or Tenant's fixtures or personal property. With respect to a destruction which Landlord is obligated to repair or may elect to repair under the terms of this Section, Tenant waives the provisions of Section 1932, and Section 1933, Subdivision 4, of the Civil Code of the State of California, and any other similarly enacted statute, and the provisions of this Section 15 shall govern in the case of such destruction.
Landlord's Obligation to Restore. 21 Limitations on Landlord's Restoration Obligation..................................21 Condemnation.........................................................................22
Landlord's Obligation to Restore. In the event of a destruction of the Premises during the Lease Term, Landlord and Tenant, to the extent of Tenant’s Alterations, shall repair the same to a similar condition to that which existed prior to such destruction. Such destruction shall not annul or void this Lease; however, 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 interfere with Tenant’s business in the Premises, as reasonably determined by Landlord. In no event shall Landlord be required to replace or restore Initial Alteration, Alterations, or Tenant’s fixtures or personal property. Tenant shall be obligated to replace and restore all Initial Alterations and Alterations.
Landlord's Obligation to Restore. In the event of damage or destruction of the Premises during the Lease Term Landlord, and Tenant to the extent of its Specialized Tenant Improvements, shall repair the same to a similar condition to that which existed prior to such damage or destruction. Such damage or destruction shall not annul or void this Lease; however, 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 interfere with Tenant’s business in the Premises, as reasonably determined by Landlord, and shall not apply to any portion of the Premises which Tenant had vacated for more than ninety (90) days prior to such damage or destruction. In no event shall Landlord be required to replace or restore Specialized Tenant Improvements or Tenant’s trade fixtures or personal property. If the Premises are damaged or destroyed and Landlord does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then Tenant shall have the option to terminate the Lease if the Premises cannot be fully restored by Landlord in three hundred sixty (360) days from the date of the damage, or are not in fact, fully restored by Landlord to their prior condition within three hundred sixty (360) days after the damage.
Landlord's Obligation to Restore. In the event of a damage to or destruction of the Building or the Premises or any portion thereof by any casualty during the Lease Term, Landlord shall repair the same to the approximate condition which existed prior to such destruction provided such casualty is of a type required to be insured against by Landlord under the terms of this Lease or actually insured against by Landlord (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises by a casualty of a type which is not required to be insured against by Landlord under this Lease, and which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), Landlord shall restore the Premises to the same condition as they were in immediately before such destruction and this Lease shall not terminate; unless in the case of such Uninsured Casualty the cost of restoration exceeds ten percent (10%) of the then replacement cost of the Building, in which case, Landlord may elect to terminate this Lease by giving written notice to Tenant within fifteen (15) days after determining the replacement cost and furnishing reasonable evidence thereof to Tenant. If Landlord so elects to terminate this Lease, Tenant, within fifteen (15) days after receiving Landlord's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the difference between ten percent (10%) of the replacement cost of the Building and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects to terminate this Lease and Tenant does not elect to contribute the cost of restoration as provided herein, this Lease shall terminate. Tenant shall be entitled to a proportionate reduction of Base Monthly Rent and additional rent during the period of damage and while repairs are being made, such proportionate reduction to be based upon the extent to which the repairs interfere with Tenant's business in the Premises, as reasonably determined by Landlord. Landlord's obligations to repair and restore the Premises or any part therof as set forth in this Lease shall include repair and restoration of the Tenant Improvements (excluding Tenant's Property). In no event shall Landlord be required to replace or restore Alterations, Tenant's Property, Tenant's fixtures or personal property. With respect to a destruction which Landlord is obligated to repair or ma...
Landlord's Obligation to Restore. Tenant shall notify Landlord promptly of any fire or other casualty in the Premises. If the Premises (including Alterations that Tenant has theretofore completed in accordance with Article 4 hereof) are damaged by fire or other casualty, then, subject to the provisions of this Article 10, Landlord shall diligently repair the damage, with such modifications required to comply with Requirements, to substantially the condition which existed immediately prior to such fire or other casualty (it being agreed that Landlord shall have no liability to Tenant for Landlord's failure to commence any such repair to the extent Tenant fails to give such notice to Landlord of such fire or other casualty). Until such repairs which are required to be performed by Landlord are Substantially Completed, the Fixed Rent and the Escalation Rent shall be reduced in the proportion which the area of the part of the Premises which is not usable by Tenant bears to the total area of the Premises immediately prior to such casualty. Landlord shall have no obligation to repair any damage to, or to replace, any Tenant's Property. Landlord shall not be obligated to repair any damage to, or to replace, any Alterations if Landlord's insurer fails to make insurance proceeds available to Landlord to cover the cost of repairing such Alterations (excluding Landlord's deductible) by reason of the failure of Tenant to have notified Landlord of the completion of such Alterations and the cost thereof or to have maintained adequate records with respect to such Alterations. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy in making any repairs pursuant to this Section 10.1. If the Premises (including any Alterations) are damaged by fire or other casualty at any time prior to the completion of the Initial Alterations, then Landlord's obligation to repair the Premises (and any Alterations) shall be limited to (x) the part of the Building Systems serving the Premises on the Commencement Date, but not the distribution portions of such Building Systems located within the Premises, (y) the floor and ceiling slabs of the Premises, and (z) the exterior walls of the Premises, all to substantially be the same condition which existed on the Commencement Date, in each case with any modifications required to comply with Requirements.
Landlord's Obligation to Restore. In the event of a destruction of the Premises during the Lease Term Landlord shall repair the same to a similar condition to that which existed prior to such destruction. Such destruction shall not annul or void this Lease; however, 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 interfere with Tenant's business in the Premises, as reasonably determined by Landlord. In no event shall Landlord be required to replace or restore Alterations, Tenant Improvements paid for by Tenant from sources other than the Work Allowance or Tenant's fixtures or personal property.
Landlord's Obligation to Restore. In the event of a taking which would not entitle Tenant to terminate this Lease, or if Tenant, having such right, elects not to terminate this Lease, then this Lease and the term thereof shall continue in full force and effect and Landlord, at Landlord's sole cost and expense, shall forthwith restore the remaining portions of the Premises, including any and all improvements, together with the remaining portions of the Common Area, to an architectural whole in substantially the condition prior to such taking. Notwithstanding the foregoing, Landlord shall have the option to terminate this Lease upon the occurrence o' the following: (i) the condemnation award recovered by Landlord is insufficient to pay the entire costs of restoration required by this Section, and such insufficiency is in excess of One Hundred Thousand Dollars ($100,000); and (ii) Tenant does not agree in writing to pay the amount by which the restortion costs exceeds the amount of the condemnation award recovered by Landlord plus One Hundred Thousand Dollars ($100,000) to be contributed by Landlord or caused to be paid by Landlord.
Landlord's Obligation to Restore. In the event of a partial taking of Landlord’s Facility, Landlord, at no cost or expense to Tenant, whether or not the award or awards, if any, shall be sufficient for the purpose, shall proceed diligently to restore any remaining part of Landlord’s Facility not so taken so that the same shall be a complete, rentable, self-contained architectural unit in good condition and repair, with Tenant’s access restored and/or support of Tenant’s Facility restored to the degree reasonably possible in accordance with Landlord’s Plans and Specification (as such Plans and Specifications may be modified with the consent of Tenant and the Leasehold Mortgagee.)
Landlord's Obligation to Restore. (a) In the event of a taking which taking does not result in the termination of the Lease, Landlord shall, at its expense and regardless of whether any Award or Awards shall be sufficient for the purpose, proceed with due diligence to repair, alter and restore the remaining part of the Leased Premises substantially to its former condition to the extent feasible. Upon the expiration of any temporary taking which did not result in a termination of this Lease, Landlord shall restore the Leased Premises to their former condition as aforesaid and any Award relating to the cost of such restoration shall be paid over to Landlord and used for such purpose.
