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 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 authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Buildings 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 (plus any deductible amount) maintained by Landlord, (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 the immediately preceding one hundred twenty (120) days. In any such event Landlord may elect either to complete the repair or restoration, or terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction. Tenant shall also have a right to terminate this Lease if the repairs cannot be made 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 authorities, by providing Landlord written notice of its election within sixty (60) days following the damage or 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 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 authorities, as reasonably determined by Landlord, (ii) if the holder of the first deed of trust or mortgage encumbering the Buildings 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 (plus any deductible amount) maintained by Landlord, (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 the immediately preceding one hundred twenty (120) days. In any such event Landlord may elect either to complete the repair or restoration, or terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction. Tenant shall also have a right to terminate this Lease if the repairs cannot be made 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 authorities, by providing Landlord written notice of its election within sixty (60) days following the damage or 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 within two in one hundred seventy eighty (270180) 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 Buildings 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 (plus any deductible amount) maintained by LandlordLandlord (unless Tenant, within 45 days after the casualty, agrees in writing to contribute any shortfall), (iv) the damage or destruction occurs in the last twenty four eighteen (2418) months of the Lease Term unless Tenant has exercised or promptly exercises an option to extend 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 the immediately preceding one hundred twenty ninety (12090) daysdays without payment of rent. In any such event Landlord may elect either to complete the repair or restoration, or terminate this Lease by providing Tenant written notice of its election within sixty (60) days following the damage or destruction. Tenant shall also have a the right to terminate this Lease if in the repairs cannot be made within two hundred seventy event of either (270i) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities(iv) above, by providing Landlord with written notice of its election to do so within sixty (60) days following the damage or 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 within two in one hundred seventy eighty (270180) 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 Buildings 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 (plus any deductible amount) maintained by LandlordLandlord and any amounts Tenant elects, in its sole discretion, to pay towards the cost of repair or restoration, (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 the immediately preceding one hundred twenty (120) 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. Tenant shall also have a right to terminate this Lease if If the repairs cannot be made within two one hundred seventy eighty (270180) 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, 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.

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 within two in three hundred seventy sixty five (270365) 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 Buildings 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 (plus any deductible amount) maintained by Landlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (unless Tenant commits to exercise any available option to extend the Lease Term pursuant to Section 18 of 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 immediately preceding 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 twenty eighty (120180) daysdays 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. Tenant shall also have a right to terminate this Lease if the repairs cannot be made 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 authorities, by providing Landlord written notice of its election within sixty (60) days following the damage or 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 within two in one hundred seventy eighty (270180) 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 Buildings 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 (plus any deductible amount) required to be maintained by LandlordLandlord hereunder (unless Tenant, within 45 days after the casualty, agrees in writing to contribute any shortfall), (iv) the damage or destruction occurs in the last twenty four eighteen (2418) 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 the immediately preceding one hundred twenty ninety (12090) 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. Tenant shall also have a the right to terminate this Lease if in the repairs cannot be made within two hundred seventy event of either (270i) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities(iv) above, by providing Landlord with written notice of its election to do so within sixty thirty (6030) days following the damage or 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 within two in one hundred seventy eighty (270180) 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 Buildings 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 (plus any deductible amount) maintained by LandlordLandlord (unless Tenant, within 45 days after the casualty, agrees in writing to contribute any shortfall), (iv) the damage or destruction occurs in the last twenty four eighteen (2418) months of the Lease 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 the immediately preceding one hundred twenty ninety (12090) 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. Tenant shall also have a right to terminate this Lease if If the repairs cannot be made within two one hundred seventy eighty (270180) days from the date of receipt of all governmental approvals necessary under the laws and regulations of Statedamage or destruction, Federal, County or Municipal authorities, 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.

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 within two in three hundred seventy sixty five (270365) 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 Buildings 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 (plus any deductible amount) maintained by Landlord, (iv) the damage or destruction occurs in the last twenty four (24) months of the Lease TermTerm (unless Tenant commits to exercise any available option to extend the Lease Term pursuant to Section 18 of 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 immediately preceding 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 twenty eighty (120180) daysdays 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. Tenant shall also have a right to terminate this Lease if the repairs cannot be made 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 authorities, by providing Landlord written notice of its election within sixty (60) days following the damage or 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 Promises if any of the following occur: (i) if the repairs cannot be made within two in one hundred seventy eighty (270180) 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 Buildings 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 (plus any deductible amount) maintained by Landlord, (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 the immediately preceding one hundred twenty ninety (12090) 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 destructiondestruction if Landlord elects to repair or restore, this Lease shall continue in full force and effect. Tenant shall also have a the right to terminate this Lease if in the repairs cannot be made within two hundred seventy event of either (270i) days from the date of receipt of all governmental approvals necessary under the laws and regulations of State, Federal, County or Municipal authorities(iv) above, by providing Landlord with written notice of its election to do so as follows: in the case of clause (i) 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 sixty thirty (6030) 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.