Common use of Landlord’s Restoration Obligations Clause in Contracts

Landlord’s Restoration Obligations. (a) Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion of the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net insurance proceeds (plus the amount of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoing, if Landlord is proceeding with the restoration of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing in the Premises as of the date of this Lease, and (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance to Landlord upon the later to occur of: (i) within thirty (30) days following Landlord’s written request) or (ii) upon Tenant’s actual receipt of the insurance proceeds; provided, however, that in no event shall Landlord be required to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) and (y) above in the absence of any payment by Tenant).

Landlord’s Restoration Obligations. (a) Unless terminated pursuant Subject to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph terms of this Section 6.115.2, Landlord, with reasonable diligence, shall repair the damage to (i) into proper condition for the Premises (including, without limitation, the Alterations), (ii) the Building Systems that service the Premises, and (iii) the common elements of the Building that Tenant uses to gain access to the Premises, in each case to the extent caused by fire or other casualty. The restoration work to be performed by Landlord shall include, without limitation, any portion of Landlord’s Work that Landlord did not Substantially Complete on the date that the fire or other casualty occurred. Landlord shall commence the performance of such repairs as promptly as reasonably practicable after the occurrence of such fire or other casualty. Landlord shall use commercially reasonable efforts to perform such repairs diligently, in a good and workmanlike manner, and in a manner that minimizes to the extent reasonably practicable interference with Tenant’s use and occupation and a just proportion occupancy of any portion of the Annual Fixed Rent, Premises that remains tenantable. Landlord shall not be required to restore Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according Property or the Specialty Alterations. Landlord shall not be required to commence such restoration until Tenant gives Landlord the nature and extent notice described in Section 15.1 hereof (unless Landlord otherwise has received actual notice of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list itemsfire or other casualty). Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12, Landlord shall not be obligated to expend for restore any Alterations unless (i) Tenant has Substantially Completed the performance thereof, (ii) Tenant has given Landlord notice to the effect that Tenant has Substantially Completed such repair and restoration any amount in excess Alterations, (iii) Tenant has given Landlord notice of the net cost incurred by Tenant in performing such Alterations, and (iv) Tenant has maintained records with respect to such Alterations in a form that allows Landlord to make a full insurance proceeds (plus the amount of any deductible maintained by Landlord recovery therefor under such property insurance). (b) Notwithstanding the foregoing, if Landlord is proceeding with the restoration of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of TenantLandlord’s Property Policy. If (x) which have previously been approved by Landlord in accordance with Tenant, as part of the terms and provisions Initial Alterations, demolishes all or a material part of this Lease or which are existing the interior installation that exists in the Premises as of on the date of this LeaseCommencement Date, and (y) with respect the Premises (including any Alterations) is damaged by fire or other casualty at any time prior to which the date that Tenant has carried “all risk” insurance covering Substantially Completes the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance to Landlord upon the later to occur of: (i) within thirty (30) days following Initial Alterations therein, then Landlord’s written requestobligation to repair the Premises (and any Alterations) shall be limited to (w) the performance of Landlord’s Work (to the extent that the performance of Landlord’s Work remains feasible after such fire or (ii) upon Tenant’s actual receipt of the insurance proceeds; providedother casualty), however, that in no event shall Landlord be required to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) and 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) above the floor and ceiling slabs of the Premises, and (z) the exterior walls of the Premises, all to substantially the same condition that existed on the Commencement Date. Landlord shall have the right to adapt the restoration of the Premises as contemplated by this Section 15.2 to comply with applicable Requirements that are then in effect. Landlord shall not be obligated to restore the absence Premises as provided in this Section 15.2 to the extent that this Lease terminates by reason of any payment by Tenant)such fire or other casualty as provided in this Article 15.

Landlord’s Restoration Obligations. (a) Unless terminated pursuant Subject to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph terms of this Section 6.1) into proper condition for use and occupation and a just proportion of 15.2, Landlord, with reasonable diligence, shall repair the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury damage to the Premises shall be abated until any such (including, without limitation, the Alterations) to the extent caused by fire or other casualty. The restoration work to be performed by Landlord shall include, without limitation, any portion of Landlord’s Work that Landlord did not Substantially Complete on the date that the fire or other casualty occurred. Landlord shall commence the performance of such repairs as promptly as reasonably practicable after the occurrence of such fire or other casualty. Landlord shall not be required to restore the Premises and Tenant’s access to substantially Property or the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list itemsSpecialty Alterations. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance shall not be required to be maintained by commence such restoration until Tenant gives Landlord pursuant to the notice described in Section 8.12, 15.1 hereof (unless Landlord otherwise has received actual notice of the fire or other casualty). Landlord shall not be obligated to expend for restore any Alterations unless (i) Tenant has Substantially Completed the performance thereof, (ii) Tenant has given Landlord notice to the effect that Tenant has Substantially Completed such repair and restoration any amount in excess Alterations, (iii) Tenant has given Landlord notice of the net cost incurred by Tenant in performing such Alterations, and (iv) Tenant has maintained records with respect to such Alterations in a form that allows Landlord to make a full insurance proceeds (plus the amount of any deductible maintained by Landlord recovery therefor under such property insurance). (b) Notwithstanding the foregoing, if Landlord is proceeding with the restoration of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of TenantLandlord’s Property Policy. If (x) which have previously been approved by Landlord in accordance with Tenant, as part of the terms and provisions Initial Alterations, demolishes all or a material part of this Lease or which are existing the interior installation that exists in the Premises as of on the date of this LeaseCommencement Date, and (y) with respect the Premises (including any Alterations) is damaged by fire or other casualty at any time prior to which the date that Tenant has carried “all risk” insurance covering Substantially Completes the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance to Landlord upon the later to occur of: (i) within thirty (30) days following Initial Alterations therein, then Landlord’s written requestobligation to repair the Premises (and any Alterations) shall be limited to (w) the performance of Landlord’s Work (to the extent that the performance of Landlord’s Work remains feasible after such fire or (ii) upon Tenant’s actual receipt of the insurance proceeds; providedother casualty), however, that in no event shall Landlord be required to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) and 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) above the floor and ceiling slabs of the Premises, and (z) the exterior walls of the Premises, all to substantially the same condition that existed on the Commencement Date. Landlord shall have the right to adapt the restoration of the Premises as contemplated by this Section 15.2 to comply with applicable Requirements that are then in effect. Landlord shall not be obligated to restore the absence Premises as provided in this Section 15.2 to the extent that this Lease terminates by reason of any payment by Tenant)such fire or other casualty as provided in this Article 15.

Landlord’s Restoration Obligations. (a) Unless terminated pursuant to Promptly upon the foregoing provisions, this Lease shall remain in full force and effect following occurrence of any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion of the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12Casualty, Landlord shall not be obligated require Landlord’s Architect to expend prepare a written determination for such repair the benefit of Landlord and restoration any amount in excess Tenant of said Architect’s estimation of the net insurance proceeds (plus time period reasonably required from the amount Damage Date, in light of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoingall circumstances then known, if Landlord is proceeding with to complete the restoration of the Building Premises, said written determination to be made and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing in the Premises as of the date of this Lease, and (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance delivered to Landlord upon and Tenant as soon as may be practicable under the later to occur of: (i) circumstances and in any event within thirty (30) days following Landlord’s written request) or after the related Casualty (ii) upon Tenant’s actual receipt of the insurance proceeds“Determination Date”); provided, however, that if Warner, Summers, Ditzel, Benefield, Xxxx & Associates, Inc. or the principal(s) of said firm who designed and are familiar with the plans and specifications for the Building are not available to serve as Landlord’s Architect, the Determination Date shall be thirty (30) days after the date on which Landlord shall have selected, and Tenant shall have approved, another architect to serve as Landlord’s Architect, such selection and approval to be made as promptly as practicable. The period of time estimated by Landlord’s Architect for the completion of repairs to the Premises, as set forth in said written notice from Landlord’s Architect to Landlord and Tenant and as measured from the related Damage Date, is herein referred to as the “Estimated Repair Period.” If neither Landlord nor Tenant has the right to terminate this Lease pursuant to any of the provisions of this Section 20, or if the party or parties that have the right to terminate this Lease do not exercise such right as herein provided, then, subject to the last sentence of this Section 20.3, Landlord shall have the property damaged by such Casualty repaired or restored to the condition in all material respects that existed prior to the Casualty at the sole expense of the Landlord. If Landlord is obligated hereunder to repair and restore such damage, Landlord shall use all reasonable efforts in good faith to commence and thereafter to prosecute to completion the repair and restoration of such damage as speedily as may be practicable under the circumstances and to complete such repair and restoration within the Estimated Repair Period. Landlord further agrees to allow Tenant an abatement in the Base Monthly Rental for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. In no event shall Landlord be required to fund repair or replace any insufficiency in the insurance proceeds (trade fixtures, furniture, equipment or equivalent amount) provided by Tenant with respect other property belonging to such loss Tenant, nor shall Landlord be required to rebuild, repair or damage (or to fund replace any part of the costs of restoration set forth partitions, fixtures, additions or other improvements which may have been placed in clauses (x) and (y) above in or about the absence of any payment Premises by Tenant).

Landlord’s Restoration Obligations. (a) Unless terminated If neither Landlord nor Tenant has the right to terminate this Lease pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminatedprovisions of Article 21, or Landlord if the party or Tenant parties that have no the right to terminate this LeaseLease do not exercise such right as hereinabove provided, Landlord shall have the property damaged by such Casualty repaired or restored to the condition in all material respects that existed prior to the Casualty at the sole expense of Landlord, but Landlord’s repair obligations shall be limited to the Base Building Work, the Tenant Improvements, the Tenant Alterations (to the extent such Tenant Alterations were made in compliance with the provisions of Article 13.2 hereof or were otherwise expressly consented to by Landlord) and any Expansion Work. Except as provided above, in no event shall Landlord be obligated to replace, repair or restore Tenant’s personal property, furniture, fixtures, equipment or the like (regardless of whether same were paid for with the Improvement Allowance). Tenant, at Tenant’s expense, shall promptly perform all repairs or restoration not required to be done by Landlord and, after Landlord and Tenant, as the case may be, complete the repairs or restoration, Tenant shall promptly re-enter the Demised Premises and commence doing business in accordance with this Lease. An equitable abatement in Rent based on the percentage of Net Rentable Area within the Demised Premises rendered untenantable and the percentage of the Building Parking Facilities rendered unusable, if applicable, shall be allowed from the Damage Date up to and until the date that is (i) thirty (30) days after the damage to be repaired or restored by Landlord hereunder has been repaired or restored in all material respects to its condition prior to the Casualty for a Casualty that is not substantial or (ii) sixty (60) days after the damage to be repaired or restored by Landlord hereunder has been repaired or restored in all material respects to its condition prior to the Casualty for a substantial Casualty (Landlord hereby agrees to provide Tenant and its contractors access to the Demised Premises as may reasonably be necessary for Tenant to accomplish its repair obligations hereunder to ensure that it has beneficial occupancy, i.e., open for business, within such time frame, subject to the terms of this Lease and applicable laws, statutes, ordinances, rules and regulations of governmental authorities, subject to the waivers of subrogation set forth in Article 17, and at Tenant’s own risk, expense and responsibility); provided that to the extent that any portion of the Demised Premises is unusable for the purpose for which it was being used prior to the Casualty, then all Rent applicable to such portion shall be abated in full. Landlord’s architect shall deliver a notice to both parties within sixty (60) days after the Damage Date stating the time required to repair and restore the damage caused by any Casualty and if Landlord is obligated hereunder to repair and restore such damage, Landlord shall use its best efforts in good faith to repair and restore such damage and within the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in estimated time period. In the event of loss, damage thereto (excluding “Tenant’s Property” (or destruction described in this Article 21 and, as defined in Section 8.4 hereof)a consequence, except as expressly provided in Landlord is required by the immediately following paragraph operation of this Section 6.1) into proper condition for use and occupation and a just proportion Article 21 to repair the damaged property, the proceeds that are payable under policies of insurance carried by Landlord shall first be applied to repair the damaged property before such proceeds are applied in any other manner including, without limitation, the satisfaction of the Annual Fixed Rentdebts secured by a mortgage or other lien instruments, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list itemsor interest or penalties imposed thereon. Notwithstanding anything herein contained any provisions of this Lease to the contrary, provided that if Landlord complies with its obligations undertakes to maintain repair and restore damage caused by Casualty as required by the property insurance required provisions of this Article 21.4, and fails to be maintained by Landlord pursuant to Section 8.12, Landlord shall not be obligated to expend for complete such repair and restoration any amount in excess of the net insurance proceeds (plus the amount of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoing, if Landlord is proceeding with the restoration of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing in the Premises as of the date of this Lease, and (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance to Landlord upon the later to occur of: (i) within thirty (30) days following after the time period estimated for such repair and restoration in the notice provided by Landlord’s architect, for any reason other than Excusable Delays or a Tenant Delay which adversely affects the construction schedule, Tenant may terminate this Lease by written request) or (ii) upon Tenant’s actual receipt of notice to Landlord given after the insurance proceeds; provided, however, that in no event shall date Landlord be required was obligated to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to complete such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) work and (y) above in the absence of any payment by Tenant)before such work is completed.

Landlord’s Restoration Obligations. (a) Unless terminated pursuant Subject to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph terms of this Section 6.115.2, Landlord, with reasonable diligence, shall repair the damage to (i) into proper condition for the Premises (including, without limitation, the Alterations), (ii) the Building Systems that service the Premises, and (iii) the common elements of the Building that Tenant uses to gain access to the Premises, in each case to the extent caused by fire or other casualty. The restoration work to be performed by Landlord shall include, without limitation, Landlord’s Work. Landlord shall commence the performance of such repairs as promptly as reasonably practicable after the occurrence of such fire or other casualty. Landlord shall use commercially reasonable efforts to perform such repairs diligently, in a good and workmanlike manner, and in a manner that minimizes to the extent reasonably practicable interference with Tenant’s use and occupation and a just proportion occupancy of any portion of the Annual Fixed Rent, Premises that remains tenantable. Landlord shall not be required to restore Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according Property or the Specialty Alterations. Landlord shall not be required to commence such restoration until Tenant gives Landlord the nature and extent notice described in Section 15.1 hereof (unless Landlord otherwise has received actual notice of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list itemsfire or other casualty). Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12, Landlord shall not be obligated to expend for restore any Alterations performed by Tenant unless (i) Tenant has Substantially Completed the performance thereof, (ii) Tenant has given Landlord notice to the effect that Tenant has Substantially Completed such repair and restoration any amount in excess Alterations, (iii) Tenant has given Landlord notice of the net cost incurred by Tenant in performing such Alterations, and (iv) Tenant has maintained records with respect to such Alterations in a form that allows Landlord to make a full insurance proceeds (plus the amount of any deductible maintained by Landlord recovery therefor under such property insurance). (b) Notwithstanding the foregoing, if Landlord is proceeding with the restoration of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of TenantLandlord’s Property Policy. If (x) which have previously been approved by Landlord in accordance with Tenant, as part of the terms and provisions Initial Alterations, demolishes all or a material part of this Lease or which are existing the interior installation that exists in the Premises as of on the date of this LeaseCommencement Date, and (y) with respect the Premises (including any Alterations) is damaged by fire or other casualty at any time prior to which the date that Tenant has carried “all risk” insurance covering Substantially Completes the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance to Landlord upon the later to occur of: (i) within thirty (30) days following Initial Alterations therein, then Landlord’s written requestobligation to repair the Premises (and any Alterations) shall be limited to (w) the performance of Landlord’s Premises Work (to the extent that the performance of Landlord’s Premises Work remains feasible after such fire or (ii) upon Tenant’s actual receipt of the insurance proceeds; providedother casualty), however, that in no event shall Landlord be required to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) and 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) above the floor and ceiling slabs of the Premises, and (z) the exterior walls of the Premises, all to substantially the same condition that existed on the Commencement Date. Landlord shall have the right to adapt the restoration of the Premises as contemplated by this Section 15.2 to comply with applicable Requirements that are then in effect. Landlord shall not be obligated to restore the absence Premises as provided in this Section 15.2 to the extent that this Lease terminates by reason of any payment by Tenant)such fire or other casualty as provided in this Article 15.

Landlord’s Restoration Obligations. (a) Unless terminated pursuant to Should the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site Premises or any part thereof are be damaged or destroyed by a Casualty and this Lease is not so terminated, fire or Landlord or Tenant have no right other casualty covered by insurance policies applicable to terminate this Leasethe Premises, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof)shall, except as expressly otherwise provided in herein, and to the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion extent it recovers all of the Annual Fixed Rentnecessary proceeds for rebuilding from such insurance, Tenant’s share repair and/or rebuild the Premises with reasonable diligence. Xxxxxxxx's obligation to rebuild or repair is subject to and conditioned upon the written consent of Operating Costs Xxxxxxxx's mortgagee(s) who have a prior right to such insurance proceeds and Tenant’s share of real estate taxes according shall be limited to the nature and extent condition originally provided by Landlord at the time of the injury to the Premises shall be abated until any such work to restore the Premises Term commencement. Tenant acknowledges and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided agrees that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12, Landlord shall not be obligated to expend repair, rebuild, or replace any property belonging to Tenant or any improvements to the Premises furnished by and/or for such repair and restoration any amount in excess of the net insurance proceeds (plus the amount of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoingTenant. If there should be a substantial, if Landlord is proceeding material interference with the restoration operation of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing Xxxxxx's business in the Premises as a result of such damage or destruction which requires Tenant to temporarily and/or partially close its business to the public, the Minimum Annual Rent shall xxxxx to the extent of such reasonable closing of Tenant’s business. Unless this Lease is terminated by Landlord as hereinafter provided, Tenant shall repair, redecorate and refixture the Premises, and restock the contents thereof in a manner and to at least a condition equal to that existing prior to such damage or destruction, and the proceeds of all insurance carried by Tenant on its property, decorations, improvements, fixtures and contents in the Premises shall be held in trust by Tenant for such purposes. Xxxxxx agrees to commence such work within ten (10) days after the date of this Leasesuch damage or destruction, or the date Landlord completes any reconstruction required to be completed by it pursuant to the above referenced obligations, whichever date is later, and Tenant shall diligently pursue such work to its completion. Tenant further agrees that all such work required of it shall be done within a period of sixty (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance to Landlord upon the later to occur of: (i) within thirty (3060) days following Landlord’s written request) or (ii) upon Tenant’s actual receipt of the insurance proceeds; provided, however, that in no event shall Landlord be after it is required to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to commence such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) and (y) above in the absence of any payment by Tenant)work.

Landlord’s Restoration Obligations. (a) Unless terminated pursuant to Promptly upon the foregoing provisions, this Lease shall remain in full force and effect following occurrence of any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion of the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12Casualty, Landlord shall not be obligated require Landlord's Architect to expend prepare a written determination for such repair the benefit of Landlord and restoration any amount in excess Tenant of said Architect's estimation of the net insurance proceeds (plus time period reasonably required from the amount Damage Date, in light of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoingall circumstances then known, if Landlord is proceeding with to complete the restoration of the Building Premises, said written determination to be made and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing in the Premises as of the date of this Lease, and (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance delivered to Landlord upon and Tenant as soon as may be practicable under the later to occur of: (i) circumstances and in any event within thirty (30) days following Landlord’s written request) or after the related Casualty (ii) upon Tenant’s actual receipt of the insurance proceeds"Determination Date"); provided, however, that if Warner, Summers, Ditzel, Benefield, Ward & Associates, Inc. or the principal(s) of said firm who xxxigned and are familiar with the plans and specifications for the Building are not available to serve as Landlord's Architect, the Determination Date shall be thirty (30) days after the date on which Landlord shall have selected, and Tenant shall have approved, another architect to serve as Landlord's Architect, such selection and approval to be made as promptly as practicable. The period of time estimated by Landlord's Architect for the completion of repairs to the Premises, as set forth in said written notice from Landlord's Architect to Landlord and Tenant and as measured from the related Damage Date, is herein referred to as the "Estimated Repair Period." If neither Landlord nor Tenant has the right to terminate this Lease pursuant to any of the provisions of this Section 20, or if the party or parties that have the right to terminate this Lease do not exercise such right as herein provided, then, subject to the last sentence of this Section 20.3, Landlord shall have the property damaged by such Casualty repaired or restored to the condition in all material respects that existed prior to the Casualty at the sole expense of the Landlord. If Landlord is obligated hereunder to repair and restore such damage, Landlord shall use all reasonable efforts in good faith to commence and thereafter to prosecute to completion the repair and restoration of such damage as speedily as may be practicable under the circumstances and to complete such repair and restoration within the Estimated Repair Period. Landlord further agrees to allow Tenant an abatement in the Base Monthly Rental for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. In no event shall Landlord be required to fund repair or replace any insufficiency in the insurance proceeds (trade fixtures, furniture, equipment or equivalent amount) provided by Tenant with respect other property belonging to such loss Tenant, nor shall Landlord be required to rebuild, repair or damage (or to fund replace any part of the costs of restoration set forth partitions, fixtures, additions or other improvements which may have been placed in clauses (x) and (y) above in or about the absence of any payment Premises by Tenant).

Landlord’s Restoration Obligations. (a) Unless terminated pursuant to Promptly upon the foregoing provisions, this Lease shall remain in full force and effect following occurrence of any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion of the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12Casualty, Landlord shall not be obligated require Landlord's Architect to expend prepare a written determination for such repair the benefit of Landlord and restoration any amount in excess Tenant of said Architect's estimation of the net insurance proceeds (plus time period reasonably required from the amount Damage Date, in light of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoingall circumstances then known, if Landlord is proceeding with to complete the restoration of the Building Premises, said written determination to be made and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing in the Premises as of the date of this Lease, and (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance delivered to Landlord upon and Tenant as soon as may be practicable under the later to occur of: (i) circumstances and in any event within thirty (30) days following Landlord’s written request) or after the related Casualty (ii) upon Tenant’s actual receipt of the insurance proceeds"Determination Date"); provided, however, that if Warner, Summers, Ditzel, Benefield, Ward & Associates, Inc. or the principal(s) of said firm who designed xxx are familiar with the plans and specifications for the Building are not available to serve as Landlord's Architect, the Determination Date shall be thirty (30) days after the date on which Landlord shall have selected, and Tenant shall have approved, another architect to serve as Landlord's Architect, such selection and approval to be made as promptly as practicable. The period of time estimated by Landlord's Architect for the completion of repairs to the Premises, as set forth in said written notice from Landlord's Architect to Landlord and Tenant and as measured from the related Damage Date, is herein referred to as the "Estimated Repair Period." If neither Landlord nor Tenant has the right to terminate this Lease pursuant to any of the provisions of this Section 20, or if the party or parties that have the right to terminate this Lease do not exercise such right as herein provided, then, subject to the last sentence of this Section 20.3, Landlord shall have the property damaged by such Casualty repaired or restored to the condition in all material respects that existed prior to the Casualty at the sole expense of the Landlord. If Landlord is obligated hereunder to repair and restore such damage, Landlord shall use all reasonable efforts in good faith to commence and thereafter to prosecute to completion the repair and restoration of such damage as speedily as may be practicable under the circumstances and to complete such repair and restoration within the Estimated Repair Period. Landlord further agrees to allow Tenant an abatement in the Base Monthly Rental for such time as the Premises are untenantable or proportionately for such portion of the Premises as shall be untenantable, and Tenant covenants and agrees that the terms of this Lease shall not be otherwise affected. In no event shall Landlord be required to fund repair or replace any insufficiency in the insurance proceeds (trade fixtures, furniture, equipment or equivalent amount) provided by Tenant with respect other property belonging to such loss Tenant, nor shall Landlord be required to rebuild, repair or damage (or to fund replace any part of the costs of restoration set forth partitions, fixtures, additions or other improvements which may have been placed in clauses (x) and (y) above in or about the absence of any payment Premises by Tenant).

Landlord’s Restoration Obligations. (a) Unless terminated If neither Landlord nor Tenant has the right to terminate this Lease pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminatedprovisions of Article 21, or Landlord if the party or Tenant parties that have no the right to terminate this LeaseLease do not exercise such right as hereinabove provided, Landlord shall have the property damaged by such Casualty repaired or restored to the condition in all material respects that existed prior to the Casualty at the sole expense of Landlord, but Landlord’s repair obligations shall be limited to the Base Building Work, the Tenant Improvements, the Tenant Alterations (to the extent such Tenant Alterations were made in compliance with the provisions of Article 13.2 hereof or were otherwise expressly consented to by Landlord) and any Expansion Work. Except as provided above, in no event shall Landlord be obligated to replace, repair or restore Tenant’s personal property, furniture, fixtures, equipment or the like (regardless of whether same were paid for with the Improvement Allowance). Tenant, at Tenant’s expense, shall promptly perform all repairs or restoration not required to be done by Landlord and, after Landlord and Tenant, as the case may be, complete the repairs or restoration, Tenant shall promptly re-enter the Demised Premises and commence doing business in accordance with this Lease. An equitable abatement in Rent based on the percentage of Net Rentable Area within the Demised Premises rendered untenantable and the percentage of the Building Parking Facilities rendered unusable, if applicable, shall be allowed from the Damage Date up to and until the date that is (i) thirty (30) days after the damage to be repaired or restored by Landlord hereunder has been repaired or restored in all material respects to its condition prior to the Casualty for a Casualty that is not substantial or (ii) sixty (60) days after the damage to be repaired or restored by Landlord hereunder has been repaired or restored in all material respects to its condition prior to the Casualty for a substantial Casualty (Landlord hereby agrees to provide Tenant and its contractors access to the Demised Premises as may reasonably be necessary for Tenant to accomplish its repair obligations hereunder to ensure that it has beneficial occupancy, i.e., open for business, within such time frame, subject to the terms of this Lease and applicable laws, statutes, ordinances, rules and regulations of governmental authorities, subject to the waivers of subrogation set forth in Article 17, and at Tenant’s own risk, expense and responsibility); provided that to the extent that any portion of the Demised Premises is unusable for the purpose for which it was being used prior to the Casualty, then all Rent applicable to such portion shall be abated in full. Landlord’s architect shall deliver a notice to both parties within sixty (60) days after the Damage Date stating the time required to repair and restore the damage caused by any Casualty and if Landlord is obligated hereunder to repair and restore such damage, Landlord shall use its best efforts in good faith to repair and restore such damage and within the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in estimated time period. In the event of loss, damage thereto (excluding “Tenant’s Property” (or destruction described in this Article 21 and, as defined in Section 8.4 hereof)a consequence, except as expressly provided in Landlord is required by the immediately following paragraph operation of this Section 6.1) into proper condition for use and occupation and a just proportion Article 21 to repair the damaged property, the proceeds that are payable under policies of insurance carried by Landlord shall first be applied to repair the damaged property before such proceeds are applied in any other manner including, without limitation, the satisfaction of the Annual Fixed Rentdebts secured by a mortgage or other lien Subject to a request for confidential treatment, Tenant’s share certain portions of Operating Costs and Tenant’s share of real estate taxes according this agreement have been intentionally omitted. The omitted portions subject to the nature confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completedExchange Commission. instruments, except for punch list itemsor interest or penalties imposed thereon. Notwithstanding anything herein contained any provisions of this Lease to the contrary, provided that if Landlord complies with its obligations undertakes to maintain repair and restore damage caused by Casualty as required by the property insurance required provisions of this Article 21.4, and fails to be maintained by Landlord pursuant to Section 8.12, Landlord shall not be obligated to expend for complete such repair and restoration any amount in excess of the net insurance proceeds (plus the amount of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoing, if Landlord is proceeding with the restoration of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing in the Premises as of the date of this Lease, and (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds of such insurance to Landlord upon the later to occur of: (i) within thirty (30) days following after the time period estimated for such repair and restoration in the notice provided by Landlord’s architect, for any reason other than Excusable Delays or a Tenant Delay which adversely affects the construction schedule, Tenant may terminate this Lease by written request) or (ii) upon Tenant’s actual receipt of notice to Landlord given after the insurance proceeds; provided, however, that in no event shall date Landlord be required was obligated to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to complete such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) work and (y) above in the absence of any payment by Tenant)before such work is completed.

Landlord’s Restoration Obligations. (a) Unless terminated pursuant Subject to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph terms of this Section 6.115.2, Landlord, with reasonable diligence, shall repair the damage to (i) into proper condition the Premises, (ii) the Building Systems that service the Premises (including, without limitation, the chilled water air handling units exclusively serving the Premises), (iii) the common elements of the Building that Tenant uses in accordance with the terms hereof and (iv) the structural elements of the Building that are required for Tenant's use and occupation and a just proportion occupancy of the Annual Fixed RentPremises (such as, Tenant’s share of Operating Costs for example, the foundations, rooftop, core areas and Tenant’s share of real estate taxes according curtain wall), in each case to the nature extent caused by fire or other casualty. The restoration work to be performed by Landlord shall include, without limitation, any portion of Landlord's Work that Landlord did not Substantially Complete on the date that the fire or other casualty occurred (and extent such portions of the injury Landlord's Work that Landlord Substantially Completed prior to the Premises shall be abated until any date on which such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained fire or other casualty occurred to the contrary, provided that Landlord complies with its obligations to maintain the property insurance extent required to be maintained repaired by Landlord pursuant to the immediately preceding sentence). Landlord shall commence the performance of such repairs as promptly as reasonably practicable after the occurrence of such fire or other casualty. Landlord shall use commercially reasonable efforts to perform such repairs diligently, in a good and workmanlike manner, and in a manner that minimizes to the extent reasonably practicable interference with Tenant's use and occupancy of any portion of the Premises that remains tenantable. Landlord shall not be required to restore Tenant's Property or the Alterations. Landlord shall not be required to commence such restoration until Tenant gives Landlord the notice described in Section 8.12, 15.1 hereof (unless Landlord otherwise has received actual notice of the fire or other casualty). Landlord shall have the right to adapt the restoration of the Premises as contemplated by this Section 15.2 to comply with applicable Requirements that are then in effect but shall otherwise restore the Premises to the condition existing prior to the fire or other casualty in all material respects. Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net insurance proceeds (plus the amount of any deductible maintained by Landlord under such property insurance). (b) Notwithstanding the foregoing, if Landlord is proceeding with the restoration of the Building and the Premises in accordance with Section 6.1.5(a), Landlord shall also restore any alterations, additions or improvements within the Premises that are part of Tenant’s Property (x) which have previously been approved by Landlord in accordance with the terms and provisions of this Lease or which are existing in the Premises as of provided in this Section 15.2 to the date of extent that this Lease, and (y) with respect to which Tenant has carried “all risk” insurance covering the loss or damage in accordance with Section 8.4 below and pays the proceeds Lease terminates by reason of such insurance to Landlord upon the later to occur of: (i) within thirty (30) days following Landlord’s written request) fire or (ii) upon Tenant’s actual receipt of the insurance proceeds; provided, however, that other casualty as provided in no event shall Landlord be required to fund any insufficiency in the insurance proceeds (or equivalent amount) provided by Tenant with respect to such loss or damage (or to fund any of the costs of restoration set forth in clauses (x) and (y) above in the absence of any payment by Tenant)this Article 15.