Common use of Landlord’s Repair; Abatement Clause in Contracts

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common Areas. Such restoration shall be to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Landlord. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. If Landlord elects to restore the Tenant Improvements and/or Alterations, upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to the Tenant Improvements and/or any Alterations; provided if the estimated cost to repair the Tenant Improvements and/or any Alterations exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within fifteen (15) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the repairs the Tenant Improvements and/or any Alterations. In no event shall Landlord be required to spend more for any such restoration than the proceeds received by Landlord, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. Landlord shall not be liable for any inconvenience to Tenant or injury to Xxxxxx’s business resulting in any way from the Casualty or the repair thereof. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant.

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common Areas. Such restoration shall be to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Landlord. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. If Landlord elects to restore the Tenant Improvements and/or Alterations, upon Upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to the Tenant Improvements and/or any Alterations; provided if the estimated cost to repair the Tenant Improvements and/or any such Alterations exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within fifteen (15) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the repairs the Tenant Improvements and/or to any AlterationsAlteration. In no event shall Landlord be required to spend more for any such the restoration of the Premises and Common Areas than the proceeds received by Landlord, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. Landlord shall not be liable for any inconvenience to Tenant or injury to XxxxxxTenant’s business resulting in any way from the Casualty or the repair thereof. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant.

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common Areas. Such restoration shall be to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Landlord. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. If Landlord elects to restore the Tenant Improvements and/or Alterations, upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to the Tenant Improvements and/or any Alterations; provided if the estimated cost to repair the Tenant Improvements and/or any Alterations exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within fifteen (15) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the repairs the Tenant Improvements and/or any Alterations. In no event shall Landlord be required to spend more for any such restoration than the proceeds received by Landlord, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. Landlord shall not be liable for any inconvenience to Tenant or injury to XxxxxxTenant’s business resulting in any way from the Casualty or the repair thereof. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant.

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common Areas. Such restoration shall be to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Landlord. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. If Landlord elects to restore the Tenant Improvements and/or Alterations, upon Upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to the Tenant Improvements and/or any AlterationsAlteration; provided if the estimated cost to repair the Tenant Improvements and/or any Alterations such Alteration exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within fifteen thirty (1530) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the repairs the Tenant Improvements and/or to any AlterationsAlteration. In no event shall Landlord be required to spend more for any such the restoration of the Premises and Common Areas than the proceeds received by LandlordLandlord and the applicable insurance deductible, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. Landlord shall not be liable for any inconvenience to Tenant or injury to Xxxxxxa Tenant’s business resulting in any way from the Casualty or the repair thereof. Provided that Tenant is not in default, during During any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant.

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common Areas. Such restoration shall be to substantially the same condition and finish that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Landlord. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. If Landlord elects to restore the Tenant Improvements and/or Alterationsthis Lease is not terminated, upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to any Alteration. Landlord will have no obligation to restore, or bear the Tenant Improvements and/or any Alterations; provided if the estimated cost to repair the Tenant Improvements and/or of restoration of, any Alterations exceeds except to the amount extent that Landlord receives funds therefore from Tenant (either as a direct payment or as part of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within fifteen (15) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the repairs the Tenant Improvements and/or any Alterationsproceeds). In no event shall Landlord be required to spend more for any such the restoration of the Premises and Common Areas than the proceeds received by LandlordLandlord and the amount of any deductible, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. Landlord shall not be liable for any inconvenience to Tenant or injury to XxxxxxTenant’s business resulting in any way from the Casualty or the repair thereof. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent shall xxxxx for the portion of the Premises that is untenantable or inaccessible and not used by Tenant.

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common Areas. Such restoration shall be to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Landlord, provided that Tenant’s access to the Premises shall not be materially impaired as a result of such modifications. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. In such event, if this Lease is not terminated, Tenant shall repair the damage to the Tenant Improvements and Alterations to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Tenant and reasonably approved by Landlord. If Tenant requests that Landlord elects to restore the Tenant Improvements and/or and Alterations, and if Landlord elects to do so, then upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to the Tenant Improvements and/or any Alterations; provided if the estimated cost to repair the Tenant Improvements and/or any Alterations exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord in installments pursuant to a commercially reasonable agreement to be negotiated and executed by Landlord and Tenant prior to Landlord’s the commencement of repairs. Within fifteen (15) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance restoration of the repairs the Tenant Improvements and/or any and Alterations. In no event shall Landlord be required to spend more for any such restoration than the deductible amounts under Landlord’s property insurance and/or self-insurance retentions plus the insurance proceeds received by Landlord, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. In no event shall Landlord use any insurance proceeds or additional funds paid by Tenant to Landlord for restoration or repairs for purposes other than restoration of the Tenant Improvements and Alterations. Landlord shall not be liable for any inconvenience to Tenant or injury to XxxxxxTenant’s business resulting in any way from the Casualty or the repair thereof. Provided , provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent and Additional Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant.

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common AreasAreas at its cost (except as otherwise provided below). Such restoration shall be to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. other modifications to the Common Areas reasonably deemed desirable by Landlord. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. If Landlord elects to restore the Tenant Improvements and/or Alterations, upon Upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to the Tenant Improvements and/or any AlterationsAlteration; provided if the estimated cost to repair the Tenant Improvements and/or any Alterations such Alteration exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs to Alterations shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within fifteen (15) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the repairs the Tenant Improvements and/or any Alterations. In no event shall Landlord be required to spend more for any such restoration than the proceeds received by Landlord, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. Landlord shall not be liable for any inconvenience to Tenant or injury to XxxxxxTenant’s business resulting in any way from the Casualty or the repair thereof. Provided that Tenant is not in default, during During any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant, except during any period that Tenant is in Monetary Default.

Landlord’s Repair; Abatement. If this Lease is not terminated, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, restore the Premises and Common Areas. Such restoration shall be to substantially the same condition that existed prior to the Casualty, except for modifications required by Law or any other modifications to the Common Areas deemed desirable by Landlord. Landlord shall have no obligation to restore the Tenant Improvements or any Alterations, which restoration obligation shall be the responsibility of Tenant. If Landlord elects to restore the Tenant Improvements and/or Alterations, upon Upon notice from Landlord, Tenant shall assign or endorse over to Landlord (or to any party designated by Landlord) all property insurance proceeds payable to Tenant under Tenant’s insurance with respect to the Tenant Improvements and/or any AlterationsAlteration; provided if the estimated cost to repair the Tenant Improvements and/or any Alterations such Alteration exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, the excess cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repairs. Within fifteen (15) days after demand, Tenant shall also pay Landlord for any additional excess costs that are determined during the performance of the repairs the Tenant Improvements and/or to any AlterationsAlteration. In no event shall Landlord be required to spend more for any such the restoration of the Premises and Common Areas than the proceeds received by Landlord, whether insurance proceeds under Landlord’s insurance or insurance proceeds or other amounts received from Tenant. Landlord shall not be liable for any inconvenience to Tenant or injury to XxxxxxTenant’s business resulting in any way from the Casualty or the repair thereof. Provided that Tenant is not in default, during any period of time that all or a material portion of the Premises is rendered untenantable or inaccessible as a result of a Casualty, Base Rent shall xxxxx for the portion of the Premises that is untenantable and not used by Tenant.