Common use of Limitations on Landlord’s Restoration Obligation Clause in Contracts

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (except for any deductible amount) and provided Tenant has not elected to contribute any shortfall amount, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term, (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety (90) days. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have the right to terminate this Lease if (i) the repairs cannot be made in 180 days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, or (ii) the damage or destruction occurs in the last twenty four (24) months of the Lease Term. Landlord shall use reasonable efforts to promptly obtain all required permits and approvals.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt (provided that Landlord has diligently pursued the issuance of same) of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained or required to be maintained by Landlord (except for any deductible amount) and provided Tenant has not elected to contribute any shortfall amountLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term, (v) Tenant is in default pursuant to the provisions of Section 1313 hereof (beyond any applicable notice or cure periods), or (vi) Tenant has vacated the Premises for more than ninety (90) days. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty forty five (6045) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of restore, this LeaseLease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease if in the event of either (i) or (iv) above, by providing Landlord with written notice of its election to do so within forty five (45) days following the damage or destruction. If Tenant elects not to terminate the Lease and Landlord thereafter fails to diligently pursue to completion the repairs canso that it becomes clearly apparent that Landlord will not be made in complete the repairs on or before the date that is 180 days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesauthorities as set forth above, as then Tenant may terminate this Lease on written notice to Landlord within fifteen (15) business days of such determination by Tenant; provided, however, if Tenant elects not to terminate this Lease, Landlord and Tenant shall reasonably determined by Landlordagree on a revised completion schedule, or (ii) the damage or destruction occurs in the last twenty four (24) months of the Lease Term. and if Landlord shall use reasonable efforts fail to promptly obtain all required permits and approvalscomplete the restoration within said revised time period, Tenant shall again have the termination right described in this sentence.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restorationrestoration (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding), (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (except for excluding any deductible amountamounts) and provided Tenant has not elected unless Tenant, within 45 days after the casualty, agrees in writing to contribute any shortfall amountpay all costs associated with rebuilding, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below), (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety (90) daysdays immediately prior to the date of destruction. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of restore, this LeaseLease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease if in the event of item (i) the repairs cannot be made in 180 days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, or (iiiv) the damage or destruction occurs in the last twenty four above by providing Landlord with written notice of its election within ten (2410) months days after Landlord’s notice of the Lease Termtime period required for repair or restoration. Landlord shall use reasonable efforts Tenant hereby waives the benefits and rights provided to promptly obtain all required permits Tenant by the provisions of Civil Code Sections 1932 and approvals1933.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A16.A above, Landlord shall have no obligation to repair, repair or restore the Premises if any of the following occur: (i) if Landlord reasonably estimates (which estimate Landlord agrees to exert commercially reasonable efforts to make as soon reasonably possible after the casualty) the repairs or restoration cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesapplicable Laws, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (Landlord, except for any deductible amountamounts; provided however that Landlord may not terminate this Lease due to lack of insurance funds if the reason for such lack of funds is that Landlord has failed to maintain the property insurance that this Lease requires Landlord to maintain, or if Tenant pays to Landlord not later than thirty (30) and provided days after written request for payment is delivered to Tenant has not elected (which request may be made prior to contribute any commencement of work based on cost estimates for such work obtained by Landlord, subject to adjustment as described below) the entire shortfall amountof funds for the work, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (taking into consideration all Options then exercised by Tenant), or (v) Tenant is in default pursuant to the provisions of Section 1314 above. If Tenant pays the insurance shortfall to Landlord based on Landlord’s estimate pursuant to (iii) in the immediately prior sentence, then to the extent the estimate was more than the actual cost of work, Landlord shall reimburse Tenant the amount of overpayment not later than thirty (30) days after the actual cost of such work has been finally determined, and if at any time prior to or after completion of such work Landlord determines that the amount previously paid by Tenant for such work is not sufficient, Tenant shall pay to Landlord such shortfall not later than thirty (30) days after written demand for such payment is delivered to Tenant. If Landlord elects to repair or restore, this Lease shall continue in full force and effect, unless Tenant elects to terminate the Lease as described in the next sentence. Tenant shall have the right to terminate this Lease in the event either (1) Landlord reasonably estimates the repairs cannot be made by the two hundred seventieth (270th) day after the date of receipt of all governmental approvals necessary under applicable Laws, as reasonably determined by Landlord, or (vi2) Tenant has vacated the Premises for more than ninety damage or destruction occurs in the last twelve (9012) daysmonths of the Lease Term (taking into consideration all Options then exercised by Tenant), by providing Landlord written of its election of (1) of this sentence above within thirty (30) days after Landlord’s notice of the time to repair and restore and of (2) of this sentence above within thirty (30) days after the date of the casualty. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time Landlord elects under the preceding clause (iv) to terminate . If this Lease terminates as the result of any damage or destruction to Premises, all property insurance proceeds relating to Alterations maintained by Tenant holds an unexercised option shall be the sole property of Landlord, Tenant shall have no right to extend the Lease Termsuch proceeds, and Tenant shall fully cooperate with Landlord in collecting such proceeds, or if such proceeds have been paid to Tenant, Tenant exercises shall pay such option by notice proceeds to Landlord within thirty not later than seven (307) business days after receipt the Expiration Date or termination of Landlord's notice electing to terminate this LeaseLease (whichever is earlier), Landlord's which obligations shall survive the expiration or sooner termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have pay to Landlord not later than seven (7) business days after the right to terminate Expiration Date or termination of this Lease if (iwhichever is earlier) an amount equal to the repairs cannot be made in 180 days from deductible under Tenant’s property insurance, which obligation shall survive the date expiration or sooner termination of receipt of all governmental approvals necessary under this Lease. If Tenant fails to maintain the laws and regulations of Stateproperty insurance required by this Lease, Federal, County or Municipal authorities, as reasonably determined by then Tenant shall pay to Landlord, not later than seven (7) business days after the Expiration Date or termination of this Lease (iiwhichever is earlier) an amount equal to what the damage proceeds would have been had Tenant maintained the insurance required by this Lease, plus the deductible that would have applied if such insurance had been in place. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933, or destruction occurs any similar Law now or hereafter in the last twenty four (24) months of the Lease Term. Landlord shall use reasonable efforts to promptly obtain all required permits and approvalseffect.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A15.A above, Landlord shall have no obligation to repair, repair or restore the Premises if any of the following occur: (i) if Landlord reasonably estimates the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations applicable Laws of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (except for any deductible amount) and provided Tenant has not elected to contribute any shortfall amountLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term, (v) Tenant is in default pursuant to the provisions of Section 1313 above, or (vi) Tenant has vacated the Premises for more than ninety (90) days. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate repair or restore, this Lease shall continue in full force and effect. Tenant holds an unexercised hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933, or any similar Law now or hereafter in effect. Notwithstanding the foregoing, Tenant shall have the option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have the right to terminate this Lease if : (i) if Landlord reasonably estimates the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County damage or Municipal authorities, as reasonably determined by Landlorddestruction, or (ii) the damage or destruction occurs in the last twenty four (24) months of the Lease Term. In any such event, Tenant may terminate this Lease by providing Landlord shall use reasonable efforts written notice of its election within fifteen (15) days following (a) with respect to promptly obtain all required permits and approvalsthe preceding clause (i), receipt of Landlord’s repair estimate, or (b) with respect to the preceding clause (ii), the damage or destruction.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A16.A above, Landlord shall have no obligation to repair, repair or restore a Building in which any portion of the Premises is located if any of the following occur: (i) if Landlord estimates the repairs cannot be made in 180 three hundred sixty (360) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesapplicable Laws, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (except for any deductible amount) and provided Tenant has not elected to contribute any shortfall amountLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (taking into consideration all Options then exercised by Tenant), or (v) Tenant is in default pursuant to the provisions of Section 13, 14 above; or (vi) Tenant has vacated the Premises in such Building for more than ninety (90) daysdays before the casualty. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease as to only the damaged or destroyed Building by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to repair or restore, this Lease shall continue in full force and effect. If Landlord elects to terminate this Lease as to just the one (1) Building pursuant to the prior sentence, then Tenant holds an unexercised option shall have the right to extend terminate this Lease as to both of the Lease TermBuildings, and if Tenant exercises such option by delivering written notice to Landlord within thirty of Tenant’s election not later than twenty (3020) days after receipt Tenant was notified of Landlord's notice electing ’s termination election. If Tenant fails to deliver its written election to terminate the Lease as to both Buildings pursuant to the prior sentence within the required twenty (20) day period, then Tenant shall be deemed to have elected not to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated Lease as to repair or restore both Buildings pursuant to the Premises unless Landlord is excused from doing so under another provision of this Leaseprior sentence. Tenant shall also have the right to terminate this Lease if in the event either (i1) Landlord estimates the repairs cannot be made in 180 the three hundred sixty (360) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesapplicable Laws, as reasonably determined by Landlord, or (ii2) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (taking into consideration all Options then exercised by Tenant), by providing Landlord written of its election of (1) of this sentence above within twenty (20) days after Landlord’s notice of the time to repair and restore and of (2) of this sentence above within thirty (30) days after the date of the casualty. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933, or any similar Law now or hereafter in effect. If this Lease terminates as the result of any damage or destruction to Premises, all property insurance proceeds relating to Alterations maintained by Tenant shall be the sole property of Landlord, Tenant shall have no right to such proceeds, and Tenant shall fully cooperate with Landlord in collecting such proceeds, or if such proceeds have been paid to Tenant, Tenant shall use reasonable efforts pay such proceeds to promptly obtain all Landlord not later than seven (7) business days after the Expiration Date or termination of this Lease (whichever is earlier), which obligations shall survive the expiration or sooner termination of this Lease. Tenant shall also pay to Landlord not later than seven (7) business days after the Expiration Date or termination of this Lease (whichever is earlier) an amount equal to the deductible under Tenant’s property insurance, which obligation shall survive the expiration or sooner termination of this Lease. If Tenant fails to maintain the property insurance required permits and approvalsby this Lease, then Tenant shall pay to Landlord, not later than seven (7) business days after the Expiration Date or termination of this Lease (whichever is earlier) an amount equal to what the proceeds would have been had Tenant maintained the insurance required by this Lease, plus the deductible that would have applied if such insurance had been in place.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A16.A above, Landlord shall have no obligation to repair, repair or restore the Premises if any of the following occur: (i) if Landlord estimates the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesapplicable Laws, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (except for any deductible amount) and provided Tenant has not elected to contribute any shortfall amountLandlord carried the insurance required by the Lease), (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (taking into consideration the Option then exercised by Tenant) and is projected to take in excess of sixty (60) days to repair, (v) Tenant is in default pursuant to the provisions of Section 1314 above beyond applicable notice of cure periods, or (vi) Tenant has vacated abandoned the Premises for more than ninety (90) days. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate repair or restore, this Lease shall continue in full force and effect. Tenant holds an unexercised hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933, or any similar Law now or hereafter in effect. Notwithstanding the foregoing, Tenant shall have the option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have the right to terminate this Lease if : (i) if Landlord reasonably estimates the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County damage or Municipal authorities, as reasonably determined by Landlorddestruction, or (ii) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm and is projected to take in excess of sixty (60) days to repair. In any such event, Tenant may terminate this Lease by providing Landlord shall use reasonable efforts to promptly obtain all required permits and approvalswritten notice of its election within fifteen (15) days following receipt of Landlord’s repair estimate.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A6.A above, Landlord shall have no obligation to repair, repair or restore the Premises and Tenant shall have no obligation to repair or restore any Specialized Tenant Improvements if any of the following occur: (i) if Landlord estimates the repairs Premises cannot be made fully restored in 180 three hundred sixty (360) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesdamage, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (except for any deductible amount) and provided Tenant has not elected to contribute any shortfall amountLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm and Tenant has not elected to exercise its Option pursuant to Section 19.A hereof, or (v) Tenant an event of default has occurred and is in default continuing; provided, however, that, if Landlord seeks to terminate this Lease pursuant to the provisions of Section 13, foregoing clauses (ii) or (viiii), then Landlord shall not be entitled to so terminate this Lease unless the shortfall in insurance proceeds exceeds five percent (5%) of the replacement value of the Building, and, in such event, Tenant has vacated fails to agree to fund any such shortfall in excess of five percent (5%) of the Premises for more than ninety (90) daysreplacement value of the Building. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of restore, this LeaseLease shall continue in full force and effect. Tenant shall also have hereby waives the right benefits and rights provided to terminate this Lease if (i) Tenant by the repairs cannot be made in 180 days from the date provisions of receipt of all governmental approvals necessary under the laws Civil Code Sections 1932 and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord1933, or (ii) the damage any similar Law now or destruction occurs hereafter in the last twenty four (24) months of the Lease Term. Landlord shall use reasonable efforts to promptly obtain all required permits and approvalseffect.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 two hundred and seventy (270) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, destruction as reasonably determined by Landlord, Landlord (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance that Landlord is required to have maintained by Landlord under this Lease and exceeds ten percent (except for any deductible amount10%) and provided Tenant has not elected to contribute any shortfall amountof the replacement cost of the Premises, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term, (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety (90) days. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of restore, this LeaseLease shall continue in full force and effect. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933. Notwithstanding anything in this Lease to the contrary, Tenant shall also have the right to terminate this the Lease if in the event of a destruction of the Premises that either: (i) occurs during the repairs last year of the Lease Term and cannot be made in 180 repaired within one hundred twenty (120) days of the date of such destruction; or (ii) cannot be repaired within two hundred seventy (270) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesdestruction, as reasonably determined by Landlord. If Tenant elects to terminate the Lease pursuant to the above, or it shall do so by providing written notice to Landlord no later than fifteen (ii15) the damage or destruction occurs in the last twenty four (24) months days following notification by Landlord of the Lease Term. Landlord shall use reasonable efforts time period necessary to promptly obtain all required permits and approvalsrepair the destruction.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 days one (1) year from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord which is sufficient to pay ninety-five percent (except for any deductible amount95%) and provided Tenant has not elected to contribute any shortfall amountor more of the cost of repair or restoration, (iv) the damage or destruction occurs in the last twenty four six (246) months of the Lease Term (unless Tenant elects to exercise any available option to extend the Lease Term), (v) Tenant is in material default pursuant to the provisions of Section 1313 (beyond any notice and cure period), or (vi) Tenant has vacated the Premises for more than ninety (90) daysdays before any such damage. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have the right to terminate this Lease if If (i) the repairs cannot be made in 180 days within one (1) year from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County damage or Municipal authorities, as reasonably determined by Landlord, destruction or (ii) the damage or destruction occurs in the last twenty four six (246) months of the Lease Term, Tenant may elect to terminate this Lease by providing Landlord written notice of its election within sixty (60) days following the date of the damage or destruction. Landlord If this Lease is terminated as provided in this Section 15.B, Tenant shall use reasonable efforts be entitled to promptly obtain all required permits retain insurance proceeds payable with respect to loss of or damage to the Tenant Improvements and approvalsAlterations in an amount equal to the unamortized cost of the Tenant Improvements and Alterations.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restorationrestoration (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding), (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (except for excluding any deductible amountamounts) and provided Tenant has not elected unless Tenant, within 45 days after the casualty, agrees in writing to contribute any shortfall amountpay all costs associated with rebuilding, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below), (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety (90) daysdays immediately prior to the date of destruction. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of restore, this LeaseLease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease if in the event of item (i) the repairs cannot be made in 180 above by providing Landlord with written notice of its election within ten (10) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by after Landlord, or (ii) the damage or destruction occurs in the last twenty four (24) months ’s notice of the Lease Termtime period required for repair or restoration. Landlord shall use reasonable efforts Tenant hereby waives the benefits and rights provided to promptly obtain all required permits Tenant by the provisions of Civil Code Sections 1932 and approvals1933.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if in the reasonable and adequately supported view of a reputable architect or engineer selected by Landlord and Tenant, the repairs cannot be made in 180 four hundred fifty (450) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the amount of the deductible and the insurance required to be maintained by Landlord (except for unless the casualty is due to Landlord's gross negligence or willful misconduct, in which case Landlord shall be obligated to rebuild or restore the same notwithstanding any deductible amount) and provided Tenant has not elected to contribute any shortfall amountinsufficiency of insurance proceeds), (iviii) the damage or destruction occurs in the last twenty four thirty (2430) months of the Lease Term unless Tenant has exercised, or exercises within ten (10) days of the date of the casualty an option to extend the Lease Term, (viv) Tenant is in default pursuant to the provisions of Section 1313 beyond any applicable notice and cure period, or (viv) Tenant has vacated the Premises for more than ninety (90) daysdays prior to the casualty. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate repair or restore, this Lease shall continue in full force and effect. Tenant holds an unexercised option hereby waives the benefits and rights provided to extend Tenant by the Lease Term, provisions of Civil Code Sections 1932 and if Tenant exercises such option by 1933. Notwithstanding anything to the contrary contained in this Lease: Landlord shall give notice to Landlord Tenant of its election to rebuild or not to rebuild the Premises ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatement Requested within thirty (30) business days after receipt of the casualty to the Premises and such notice shall specify such architect's or engineer's reasonable estimate as to the time required to rebuild or restore the Premises; If Landlord fails to restore the Premises (including reasonable means of access thereto) within a period which is sixty days longer than the period stated in Landlord's notice electing to terminate this LeaseTenant as the estimated rebuilding period, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have the right to may terminate this Lease if by delivering written notice to Landlord of such termination within ten (i10) the repairs cannot be made business days thereafter, in 180 days from which event this Lease shall terminate as of the date of receipt the giving of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, or (ii) the damage or destruction occurs in the last twenty four (24) months of the Lease Term. Landlord shall use reasonable efforts to promptly obtain all required permits and approvalssuch notice.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 one hundred eighty (180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered (excluding Landlord's deductible) by the insurance maintained by Landlord (except for any deductible amount) and provided Tenant has not elected to contribute any shortfall amountLandlord, (iv) the damage or destruction occurs in the last twenty four eighteen (2418) months of the Lease TermTerm (unless Tenant agrees to immediately exercise its Option to extend the Lease Term pursuant to Section 18 below), (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety (90) daysdays prior to the date of destruction. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord so elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Tenant, within fifteen (15) days after receiving Landlord's termination election shall be annulled and notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the actual cost of restoration, in which case Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have the right to terminate and this Lease if shall not terminate. The only exception to the foregoing is a termination based on Tenant's default as described in (iv) the repairs cannot be made in 180 days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, or (ii) the damage or destruction occurs in the last twenty four (24) months of the Lease Term. Landlord shall use reasonable efforts to promptly obtain all required permits and approvalsabove.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if in the reasonable and adequately supported view of a reputable architect or engineer selected by Landlord and Tenant, the repairs cannot be made in 180 four hundred fifty (450) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered by the amount of the deductible and the insurance required to be maintained by Landlord (except for unless the casualty is due to Landlord's gross negligence or willful misconduct, in which case Landlord shall be obligated to rebuild or restore the same notwithstanding any deductible amount) and provided Tenant has not elected to contribute any shortfall amountinsufficiency of insurance proceeds), (iviii) the damage or destruction occurs in the last twenty four thirty (2430) months of the Lease Term unless Tenant has exercised, or exercises within ten (10) days of the date of the casualty an option to extend the Lease Term, (viv) Tenant is in default pursuant to the ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. provisions of Section 1313 beyond any applicable notice and cure period, or (viv) Tenant has vacated the Premises for more than ninety (90) daysdays prior to the casualty. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate repair or restore, this Lease shall continue in full force and effect. Tenant holds an unexercised option hereby waives the benefits and rights provided to extend Tenant by the Lease Term, provisions of Civil Code Sections 1932 and if Tenant exercises such option by 1933. Notwithstanding anything to the contrary contained in this Lease: Landlord shall give notice to Landlord Tenant of its election to rebuild or not to rebuild the Premises within thirty (30) business days after receipt of the casualty to the Premises and such notice shall specify such architect's or engineer's reasonable estimate as to the time required to rebuild or restore the Premises; If Landlord fails to restore the Premises (including reasonable means of access thereto) within a period which is sixty days longer than the period stated in Landlord's notice electing to terminate this LeaseTenant as the estimated rebuilding period, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of this Lease. Tenant shall also have the right to may terminate this Lease if by delivering written notice to Landlord of such termination within ten (i10) the repairs cannot be made business days thereafter, in 180 days from which event this Lease shall terminate as of the date of receipt the giving of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, as reasonably determined by Landlord, or (ii) the damage or destruction occurs in the last twenty four (24) months of the Lease Term. Landlord shall use reasonable efforts to promptly obtain all required permits and approvalssuch notice.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises if any of the following occur: (i) if the repairs cannot be made in 180 two hundred and seventy (270) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities, destruction as reasonably determined by Landlord, Landlord (ii) if the holder of the first deed of trust or mortgage encumbering the Building elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration, (iii) the damage or destruction is not fully covered (or would not have been covered) by the insurance that Landlord is required to have maintained by Landlord under this Lease and exceeds ten percent (except for any deductible amount10%) and provided Tenant has not elected to contribute any shortfall amountof the replacement cost of the Premises, (iviii) the damage or destruction occurs in the last twenty four twelve (2412) months of the Lease TermTerm and would reasonably take greater than 120 days to restore (provided that if Tenant exercises an option to extend there shall be no termination right hereunder), or (viv) Tenant is in default default, beyond any applicable notice and cure period, pursuant to the provisions of Section 13, or (viv) Tenant has vacated abandoned the Premises for more than ninety (90) days. In any such event Landlord may elect either to (i) complete the repair or restoration, or (ii) terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction; provided, however, that if at the time . If Landlord elects under the preceding clause (iv) to terminate this Lease Tenant holds an unexercised option to extend the Lease Term, and if Tenant exercises such option by notice to Landlord within thirty (30) days after receipt of Landlord's notice electing to terminate this Lease, Landlord's termination election shall be annulled and Landlord shall be obligated to repair or restore the Premises unless Landlord is excused from doing so under another provision of restore, this LeaseLease shall continue in full force and effect. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933. Notwithstanding anything in this Lease to the contrary, Tenant shall also have the right to terminate this the Lease if in the event of a destruction of the Premises or of Building 1 that either: (i) occurs during the repairs last year of the Lease Term and cannot be made in 180 repaired within one hundred twenty (120) days of the date of such destruction; or (ii) cannot be repaired within two hundred seventy (270) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authoritiesdestruction, as reasonably determined by Landlord. If Tenant elects to terminate the Lease pursuant to the above, or it shall do so by providing written notice to Landlord no later than fifteen (ii15) the damage or destruction occurs in the last twenty four (24) months days following notification by Landlord of the Lease Term. Landlord shall use reasonable efforts time period necessary to promptly obtain all required permits and approvalsrepair the destruction.