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

Landlord's Obligation to Restore. After the rights, if any, of both parties to terminate this Lease pursuant to Sections 24.1, 24.3.2 and 24.3.3 hereof have been waived in writing or have expired without being exercised, then this Lease shall continue in full force and effect with respect to the portion of the Premises not so taken or condemned, and subject to the terms of Section 24.3.2 hereof, Landlord shall proceed with all reasonable diligence, subject to delays for Force Majeure and Tenant Delays, to complete the Condemnation Restoration. Landlord’s obligation to restore shall be subject to all then applicable Legal Requirements. Any change in the design of the Premises from the Plans necessitated by the Condemnation Restoration shall be subject to Tenant’s reasonable approval. Landlord shall have no obligation to rebuild, repair, replace or restore any part of Tenant’s furniture, equipment, fixtures, personal property or Tenant Improvements. Landlord reserves the right to enter upon the Premises for the purpose of making the Condemnation Restoration during regular business hours or otherwise and to temporarily close doors, entryways, spaces, and corridors and to interrupt or temporarily suspend services and facilities of the Premises; provided, however, that Landlord shall use reasonable efforts to not interfere with Tenant’s business while performing the Condemnation Restoration. No such entry by Landlord in performing any of the Condemnation Restoration shall be deemed an eviction or disturbance of Tenant’s use or possession, or render Landlord liable for damages (except as otherwise expressly provided in this Lease) or relieve Tenant from any obligation herein set forth. Tenant shall promptly clean-up or remove any of Tenant’s property if such action is reasonably necessary in connection with the Condemnation Restoration.

Landlord's Obligation to Restore. After Tenant shall notify Landlord promptly of any fire or other casualty in the rightsPremises. If the Premises (including Alterations that Tenant has theretofore completed in accordance with Article 4 hereof) are damaged by fire or other casualty, if anythen, of both parties to terminate this Lease pursuant to Sections 24.1, 24.3.2 and 24.3.3 hereof have been waived in writing or have expired without being exercised, then this Lease shall continue in full force and effect with respect subject to the portion 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 so taken or condemned, and subject usable by Tenant bears to the terms of Section 24.3.2 hereof, Landlord shall proceed with all reasonable diligence, subject to delays for Force Majeure and Tenant Delays, to complete the Condemnation Restoration. Landlord’s obligation to restore shall be subject to all then applicable Legal Requirements. Any change in the design total area of the Premises from the Plans necessitated by the Condemnation Restoration shall be subject immediately prior to Tenant’s reasonable approvalsuch casualty. Landlord shall have no obligation to rebuildrepair any damage to, repairor to replace, replace or restore any part of Tenant’s furniture, equipment, fixtures, personal property or Tenant Improvements's Property. Landlord reserves 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 right to enter upon the Premises for the purpose cost of making the Condemnation Restoration during regular business hours or otherwise and to temporarily close doors, entryways, spaces, and corridors and to interrupt or temporarily suspend services and facilities repairing such Alterations (excluding Landlord's deductible) by reason of the Premises; provided, however, that 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 not interfere minimize interference with Tenant’s business while performing 's use and occupancy in making any repairs pursuant to this Section 10.1. If the Condemnation Restoration. No such entry Premises (including any Alterations) are damaged by Landlord in performing fire or other casualty at any time prior to the completion of the Condemnation Restoration Initial Alterations, then Landlord's obligation to repair the Premises (and any Alterations) shall be deemed an eviction or disturbance limited to (x) the part of Tenant’s use or possessionthe Building Systems serving the Premises on the Commencement Date, or render Landlord liable for damages but not the distribution portions of such Building Systems located within the Premises, (except as otherwise expressly provided 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 this Lease) or relieve Tenant from each case with any obligation herein set forth. Tenant shall promptly clean-up or remove any of Tenant’s property if such action is reasonably necessary in connection modifications required to comply with the Condemnation RestorationRequirements.

Landlord's Obligation to Restore. After (a) In the rightsevent of a taking which taking does not result in the termination of this Lease, if anyLandlord shall, at its expense to the extent of both parties the amount of the Award or Awards to terminate Landlord (subject to Landlord's right of termination of Section 12.02), proceed with due diligence to repair, alter and/or restore the remaining part of the Building and the base building systems and Building standard improvements within the Premises substantially to their former condition to the extent feasible to constitute a complete and tenantable Building and Premises (assuming Tenant performs its restoration pursuant to Section 12.06(b)). Upon the expiration of any temporary taking which did not result in a termination of this Lease, Landlord, with due diligence, shall restore the base building systems and Building standard improvements within the Premises to their former condition as aforesaid. (b) In the event of a taking which does not result in the termination of this Lease and to the extent that any Award or Awards to Tenant shall be sufficient for the purpose, Tenant shall restore, with due diligence, Tenant's alterations, improvements, installations, additions and trade fixtures in the remaining portion of the Premises. Upon the expiration of or temporary taking of the Premises which did not result in a termination of this Lease, Tenant shall restore, with due diligence, Tenant's above Building standard alterations, additions, installations and trade fixtures as aforesaid. Tenant shall not be obligated to commence its restoration until Landlord has substantially completed its restoration obligation. (c) During any period of restoration of the Building and the base building systems or Building standard improvements or Tenant's alterations, improvements, installations, additions and trade fixtures within the Premises pursuant to Sections 24.1subsection (a) above, 24.3.2 and 24.3.3 hereof have been waived in writing or have expired without being exercised, then this Lease the Rent provided for herein shall continue in full force and effect with respect xxxxx pro rata to the extent that, and for so long as Tenant's use or occupancy of any portion of the Premises not so taken or condemned, and subject to the terms of Section 24.3.2 hereof, Landlord shall proceed with all reasonable diligence, subject to delays for Force Majeure and Tenant Delays, to complete the Condemnation Restoration. Landlord’s obligation to restore shall be subject to all then applicable Legal Requirements. Any change in the design of the Premises from the Plans necessitated by the Condemnation Restoration shall be subject to Tenant’s reasonable approval. Landlord shall have no obligation to rebuild, repair, replace or restore any part of Tenant’s furniture, equipment, fixtures, personal property or Tenant Improvements. Landlord reserves the right to enter upon the Premises for the purpose of making the Condemnation Restoration during regular business hours or otherwise and to temporarily close doors, entryways, spaces, and corridors and to interrupt or temporarily suspend services and facilities of the Premises; provided, however, that Landlord shall use reasonable efforts to not interfere with Tenant’s business while performing the Condemnation Restoration. No such entry by Landlord in performing any of the Condemnation Restoration shall be deemed an eviction or disturbance of Tenant’s use or possession, or render Landlord liable for damages (except as otherwise expressly provided in this Lease) or relieve Tenant from any obligation herein set forth. Tenant shall promptly clean-up or remove any of Tenant’s property if such action is reasonably necessary in connection with the Condemnation Restorationadversely affected.

Landlord's Obligation to Restore. After In the rightsevent of a damage to or destruction of the Building or the Premises or any portion thereof by any casualty during the Lease Term, if anyLandlord 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 both parties 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 pursuant by giving written notice to Sections 24.1Tenant within fifteen (15) days after determining the replacement cost and furnishing reasonable evidence thereof to Tenant. If Landlord so elects to terminate this Lease, 24.3.2 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 24.3.3 hereof have been waived the actual cost of restoration, in writing or have expired without being exercised, then which case Landlord shall restore the Premises and this Lease shall continue 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 full force the Premises, as reasonably determined by Landlord. Landlord's obligations to repair and effect with 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 the portion of the Premises not so taken a destruction which Landlord is obligated to repair or condemned, and subject may elect to repair under the terms of this Section, Tenant waives the provisions of Section 24.3.2 hereof1932, Landlord 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 proceed with all reasonable diligence, subject to delays for Force Majeure and Tenant Delays, to complete the Condemnation Restoration. Landlord’s obligation to restore shall be subject to all then applicable Legal Requirements. Any change govern in the design case of the Premises from the Plans necessitated by the Condemnation Restoration shall be subject to Tenant’s reasonable approval. Landlord shall have no obligation to rebuild, repair, replace or restore any part of Tenant’s furniture, equipment, fixtures, personal property or Tenant Improvements. Landlord reserves the right to enter upon the Premises for the purpose of making the Condemnation Restoration during regular business hours or otherwise and to temporarily close doors, entryways, spaces, and corridors and to interrupt or temporarily suspend services and facilities of the Premises; provided, however, that Landlord shall use reasonable efforts to not interfere with Tenant’s business while performing the Condemnation Restoration. No such entry by Landlord in performing any of the Condemnation Restoration shall be deemed an eviction or disturbance of Tenant’s use or possession, or render Landlord liable for damages (except as otherwise expressly provided in this Lease) or relieve Tenant from any obligation herein set forth. Tenant shall promptly clean-up or remove any of Tenant’s property if such action is reasonably necessary in connection with the Condemnation Restorationdestruction.

Landlord's Obligation to Restore. After Tenant shall notify Landlord promptly of any fire or other casualty in the rightsPremises. If the Premises (including Alterations that Tenant has theretofore completed in accordance with Article 4 hereof) are damaged by fire or other casualty, if anythen, of both parties to terminate this Lease pursuant to Sections 24.1, 24.3.2 and 24.3.3 hereof have been waived in writing or have expired without being exercised, then this Lease shall continue in full force and effect with respect subject to the portion 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 so taken or condemned, and subject usable by Tenant bears to the terms of Section 24.3.2 hereof, Landlord shall proceed with all reasonable diligence, subject to delays for Force Majeure and Tenant Delays, to complete the Condemnation Restoration. Landlord’s obligation to restore shall be subject to all then applicable Legal Requirements. Any change in the design total area of the Premises from the Plans necessitated by the Condemnation Restoration shall be subject immediately prior to Tenant’s reasonable approvalsuch casualty. Landlord shall have no obligation to rebuildrepair any damage to, repairor to replace, replace or restore any part of Tenant’s furniture, equipment, fixtures, personal property or Tenant Improvements's Property. Landlord reserves 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 right to enter upon the Premises for the purpose cost of making the Condemnation Restoration during regular business hours or otherwise and to temporarily close doors, entryways, spaces, and corridors and to interrupt or temporarily suspend services and facilities repairing such Alterations (excluding Landlord's deductible) by reason of the Premises; provided, however, that 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 not interfere minimize interference with Tenant’s business while performing 's use and occupancy in making any repairs pursuant to this Section 10.1. If the Condemnation Restoration. No such entry Premises (including any Alterations) are damaged by Landlord in performing fire or other casualty at any time prior to the completion of the Condemnation Restoration Initial Alterations, then Landlord's obligation to repair the Premises (and any Alterations) shall be deemed an eviction or disturbance limited go (x) the part of Tenant’s use or possessionthe Building Systems serving the Premises on the Commencement Date, or render Landlord liable for damages but not the distribution portions of such Building Systems located within the Premises, (except as otherwise expressly provided y) the floor and ceiling slabs of the Premises, and (z) the exterior walls of the Premises, all to substantially the same condition which existed on the Commencement Date, in this Lease) or relieve Tenant from each case with any obligation herein set forth. Tenant shall promptly clean-up or remove any of Tenant’s property if such action is reasonably necessary in connection modifications required to comply with the Condemnation RestorationRequirements.