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 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 (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 (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (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) days 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten (10) days after Landlord’s notice of the time period required for repair or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933.

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 one hundred eighty (180) 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding except for any deductible amountsamount) unless Tenant, within 45 days after the casualty, agrees in writing and provided Tenant has not elected to pay all costs associated with rebuildingcontribute any shortfall amount, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)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 immediately prior to the date of destructiondays. 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. If ; 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, restore the Premises unless Landlord is excused from doing so under another provision of this Lease shall continue in full force and effectLease. Tenant shall also have the right to terminate this Lease in the event of item 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 (ivii) above by providing Landlord with written notice of its election within ten the damage or destruction occurs in the last twenty four (1024) days after Landlord’s notice months of the time period Lease Term. Landlord shall use reasonable efforts to promptly obtain all required for repair or restoration. Tenant hereby waives the benefits permits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933approvals.

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 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained or required to be maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)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 immediately prior to the date of destructiondays. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item either (i) or (iv) above above, by providing Landlord with written notice of its election to do so within ten forty five (1045) days after Landlord’s following the damage or destruction. If Tenant elects not to terminate the Lease and Landlord thereafter fails to diligently pursue to completion the repairs so that it becomes clearly apparent that Landlord will not 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 authorities as set forth above, 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 agree on a revised completion schedule, and if Landlord shall fail to complete the restoration within said revised time period required for repair or restoration. period, Tenant hereby waives shall again have the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933termination 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 one within two hundred eighty seventy (180270) 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance (plus any deductible amount) maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)Term, (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety the immediately preceding one hundred twenty (90120) days immediately prior to the date of destructiondays. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the a right to terminate this Lease in if the event repairs cannot be made within two hundred seventy (270) days from the date of item (i) receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or (iv) above Municipal authorities, by providing Landlord with written notice of its election within ten sixty (1060) days after Landlord’s notice of following the time period required for repair damage or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933destruction.

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 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 authoritiesauthorities to effect such repairs, 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding and any deductible amounts) unless Tenantamounts Tenant elects, within 45 days after the casualtyin its sole discretion, agrees in writing to pay all costs associated with rebuildingtowards the cost of repair or restoration, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)Term, (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety one hundred twenty (90120) days immediately prior to the date of destructiondays. 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. If Landlord elects the repairs cannot be made within 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 to repair or restoreeffect such repairs, this Lease shall continue in full force and effect. Tenant shall also have the right may elect to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten sixty (1060) days after Landlord’s notice following the date of the time period required for repair damage or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933destruction.

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 one within two hundred eighty seventy (180270) 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 Buildings elects not to permit the insurance proceeds payable upon damage or destruction to be used for such repair or restoration (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance (plus any deductible amount) maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)Term, (v) Tenant is in default pursuant to the provisions of Section 13, or (vi) Tenant has vacated the Premises for more than ninety the immediately preceding one hundred twenty (90120) days immediately prior to the date of destructiondays. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the a right to terminate this Lease in if the event repairs cannot be made within two hundred seventy (270) days from the date of item (i) receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or (iv) above Municipal authorities, by providing Landlord with written notice of its election within ten sixty (1060) days after Landlord’s notice of following the time period required for repair damage or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933destruction.

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 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 (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 (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingcontribute any shortfall), (iv) the damage or destruction occurs in the last twenty four eighteen (2418) months of the Lease Term (unless Tenant agrees to immediately exercise the Option has exercised or promptly exercises an option to extend the Lease pursuant to Section 18 below)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 immediately prior to the date without payment of destructionrent. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item either (i) or (iv) above above, by providing Landlord with written notice of its election to do so within ten sixty (1060) days after Landlord’s notice of following the time period required for repair damage or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933destruction.

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 one two hundred eighty and seventy (180270) 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)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 (excluding any deductible amounts10%) unless Tenant, within 45 days after of the casualty, agrees in writing to pay all costs associated with rebuildingreplacement cost of the Premises, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)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 immediately prior to the date of destructiondays. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten (10) days after Landlord’s notice of the time period required for repair or restoration. 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 have the right to terminate the Lease in the event of a destruction of the Premises that either: (i) occurs during the last year of the Lease Term and cannot be 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 destruction, as reasonably determined by Landlord. If Tenant elects to terminate the Lease pursuant to the above, it shall do so by providing written notice to Landlord no later than fifteen (15) days following notification by Landlord of the time period necessary to repair 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 one two hundred eighty and seventy (180270) 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 (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 (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 (excluding any deductible amounts10%) unless Tenant, within 45 days after of the casualty, agrees in writing to pay all costs associated with rebuildingreplacement cost of the Premises, (iviii) the damage or destruction occurs in the last twenty four twelve (2412) months of the Lease Term and would reasonably take greater than 120 days to restore (unless provided that if Tenant agrees to immediately exercise the Option exercises an option to extend the Lease pursuant to Section 18 belowthere 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 immediately prior to the date of destructiondays. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten (10) days after Landlord’s notice of the time period required for repair or restoration. 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 have the right to terminate the Lease in the event of a destruction of the Premises or of Building 1 that either: (i) occurs during the last year of the Lease Term and cannot be 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 destruction, as reasonably determined by Landlord. If Tenant elects to terminate the Lease pursuant to the above, it shall do so by providing written notice to Landlord no later than fifteen (15) days following notification by Landlord of the time period necessary to repair 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 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 (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 required to be maintained by Landlord hereunder (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingcontribute any shortfall), (iv) the damage or destruction occurs in the last twenty four eighteen (2418) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)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 immediately prior to the date of destructiondays. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item either (i) or (iv) above above, by providing Landlord with written notice of its election to do so within ten thirty (1030) days after Landlord’s notice of following the time period required for repair damage or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933destruction.

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: occur (i) if the repairs cannot be made in one three hundred eighty sixty five (180365) 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees commits to immediately exercise the Option any available option to extend the Lease Term pursuant to Section 18 belowof this Lease), (v) Tenant is in default pursuant to the provisions of Section 1313 beyond expiration of the applicable cure period, or (vi) Tenant has vacated the Premises for more than ninety (90) days, or (vii) if repair of the Common Area is necessary before repairs to the Premises cart be performed and Landlord reasonably determines that repairs to the Common. Area will not be made within one hundred eighty (180) days immediately prior to after the date of the damage and 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten (10) days after Landlord’s notice of the time period required for repair or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933.

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 one three hundred eighty sixty five (180365) 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees commits to immediately exercise the Option any available option to extend the Lease Term pursuant to Section 18 belowof this Lease), (v) Tenant is in default pursuant to the provisions of Section 1313 beyond expiration of the applicable cure period, or (vi) Tenant has vacated the Premises for more than ninety (90) days, or (vii) if repair of the Common Area is necessary before repairs to the Premises can be performed and Landlord reasonably determines that repairs to the Common Area will not be made within one hundred eighty (180) days immediately prior to after the date of the damage and 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten (10) days after Landlord’s notice of the time period required for repair or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933.

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 one hundred eighty (1801) days 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing which is sufficient to pay all costs associated with rebuildingninety-five percent (95%) or 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 agrees elects to immediately exercise the Option any available option to extend the Lease pursuant to Section 18 belowTerm), (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) days immediately prior to the date of destructionbefore 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. If Landlord elects to repair (i) the repairs cannot be made within one (1) year from the date of the damage or restoredestruction or (ii) the damage or destruction occurs in the last six (6) months of the Lease Term, this Lease shall continue in full force and effect. Tenant shall also have the right may elect to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten sixty (1060) days after Landlord’s notice following the date of the time period required for repair damage or restorationdestruction. If this Lease is terminated as provided in this Section 15.B, Tenant hereby waives shall be entitled to retain insurance proceeds payable with respect to loss of or damage to the benefits Tenant Improvements and rights provided Alterations in an amount equal to the unamortized cost of the Tenant by the provisions of Civil Code Sections 1932 Improvements and 1933Alterations.

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 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingcontribute any shortfall), (iv) the damage or destruction occurs in the last twenty four eighteen (2418) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)Term, (v) Tenant is in default pursuant to the provisions of Section 1313 beyond any applicable cure period, or (vi) Tenant has vacated the Premises for more than ninety (90) days immediately prior to the date of destructiondays. 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. If Landlord elects to repair the repairs cannot be made within one hundred eighty (180) days from the date of the damage or restoredestruction, this Lease shall continue in full force and effect. Tenant shall also have the right may elect to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten sixty (1060) days after Landlord’s notice following the date of the time period required for repair damage or restoration. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933destruction.

Limitations on Landlord’s Restoration Obligation. Notwithstanding the provisions of Section 15.A, Landlord shall have no obligation to repair, or restore the Premises Promises if any of the following occur: (i) if the repairs cannot be made in 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)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 immediately prior to the date of destructiondays. 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. If destruction if Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item either (i) or (iv) above above, by providing Landlord with written notice of its election within ten to do so as follows: in the case of clause (10i) above, written notice fifteen (15) days after Landlord’s notice of the time period required for repair or restoration; and in the case of clause (ii) above, within thirty (30) days following the damage or destruction. Tenant hereby waives the benefits and rights provided to Tenant by the provisions of Civil Code Sections 1932 and 1933.

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 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 (unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuilding)restoration, (iii) the damage or destruction is not fully covered by the insurance maintained by Landlord (excluding any deductible amounts) unless Tenant, within 45 days after the casualty, agrees in writing to pay all costs associated with rebuildingLandlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease Term (unless Tenant agrees to immediately exercise the Option to extend the Lease pursuant to Section 18 below)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 immediately prior to the date of destructiondays. 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. If Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have the right to terminate this Lease in the event of item (i) or (iv) above by providing Landlord with written notice of its election within ten (10) days after Landlord’s notice of the time period required for repair or restoration. 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. Notwithstanding the foregoing, Tenant shall have the option to terminate this Lease: (i) if Landlord reasonably estimates the repairs cannot be made in one hundred eighty (180) days from the date of damage or destruction, 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 written notice of its election within fifteen (15) days following (a) with respect to the preceding clause (i), receipt of Landlord’s repair estimate, or (b) with respect to the preceding clause (ii), the damage or destruction.