No Restoration Clause Samples

No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that the cost of restoration exceeds $350,000 and any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by Section 14.2 of this lease to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within thirty (30) sixty (60) days of the date of the damage, provided, however, that should Landlord elect to not restore the premises, Tenant may, at its option, terminate this Lease by sending written notice of termination to Landlord within forty-five (45) days of the date Tenant receives written notice of Landlord's election. In the event that the Leased Premises cannot be restored within one hundred twenty (120) days of the date of such damage, then

No Restoration. The Plan Administrator will not restore a re-employed Participant's Account Balance under this Section 5.04 (B) if:

No Restoration. Because the 3-5-6 Floor Premises will after the 3-5-6 Floor Surrender Date be occupied by CPS under a direct lease between Landlord and CPS, Tenant shall have no obligation or right to make or remove any tenant improvements or alterations with respect to the 3-5-6 Floor Premises before or after the 3-5-6 Floor Surrender Date, or, subject to Section 3(e) below with respect to the Third Floor Premises, any obligation to repair or restore any portions of the 3-5-6 Floor Premises, notwithstanding any of the surrender provisions of the Lease to the contrary; provided, however, that (i) Tenant shall remain responsible to repair any damage caused to any portion of the 3-5-6 Floor Premises caused by Tenant or its agents, employees or contractors; and (ii) if ▇▇▇▇▇▇▇ damages any portion of the Third Floor Premises under the ▇▇▇▇▇▇▇ Sublease, ▇▇▇▇▇▇▇ shall remain responsible to repair such damage and Tenant shall promptly at Landlord’s request assign to Landlord all of Tenant’s rights, claims and causes of action that Tenant may have against ▇▇▇▇▇▇▇ under the ▇▇▇▇▇▇▇ Sublease with respect thereto (provided, however, that Landlord shall indemnify, defend, protect and hold harmless Tenant from and against any claims and causes of action that ▇▇▇▇▇▇▇ may bring against Tenant as a result of Landlord’s exercise of any such assigned rights, claims and causes of action against ▇▇▇▇▇▇▇, except to the extent arising from Tenant’s default under the ▇▇▇▇▇▇▇ Sublease); and (iii) on or before the 3-5-6 Floor Surrender Date, Tenant shall remove its security and communications systems and cabling from the 3-5-6 Floor Premises and repair any damage resulting therefrom; provided, however, that to the extent that CPS requests in writing prior to the 3-5-6 Floor Surrender Date for some or all of the security and communications systems and cabling to remain in the 3-5-6 Floor Premises, Tenant shall leave such systems and cabling in place and the same shall be deemed abandoned and become the property of Landlord (or, at Landlord’s election, of CPS).

No Restoration. Landlord hereby acknowledges that Tenant shall not be required to restore any portion of the Tenant Improvements constructed in the Expansion Premises that are specifically set forth on the Approved Space Plan. EXHIBIT B -3- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 1 TO EXHIBIT B -1- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 1 TO EXHIBIT B -2- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -1- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -2- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -3- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -4- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -5- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.]

No Restoration. Within 90 days after discovering any damage to the Project resulting from any fire or other casualty, Landlord may, whether or not the Premises are affected, terminate this Lease by notifying Tenant in writing if (i) any “Landlord’s Mortgagee”, as defined in Paragraph 20, requires that any insurance proceeds be used to pay any mortgage debt; (ii) any damage to the Building or other portions of the Project is not fully covered (other than applicable deductibles) by Landlord’s insurance policies; (iii) Landlord is prohibited by Applicable Law from rebuilding the Building or Common Areas so that it and they will be substantially the same structurally and architecturally; (iv) the damage occurs during the last 12 months of the Term; or Docusign Envelope ID: 9F281A1E-9C97-4CC4-A55B-69F178D46B5A

No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the Building and Land, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage, and Landlord or Tenant may terminate this Lease by providing the other with thirty (30) days prior written notice.

No Restoration. The Subtenant shall not be required to return the Subleased Premises to base building condition or remove its leasehold improvement at the expiry of the sublease term or earlier termination thereof. The Subtenant shall have the right but not the obligation to remove its fixtures, subject to the Sublandlord's approval, acting reasonably, provided any damage is repaired by the Subtenant.

No Restoration. Seller has received no notice, and to Seller's knowledge, there is no material restoration, repaving, repair, or other work required to be made by Seller to any street, sidewalk, or abutting or adjacent areas, required by ordinance, code, permit, easement, contract, or otherwise, relating to any installation of cable, conduits, curb cuts, or other construction of the distribution system of the System.

No Restoration. Advance (other than the final Restoration Advance) in respect of any fire or other casualty or any Partial Taking shall be due unless Tenant's request for such Restoration Advance shall be accompanied by: (i) a certificate of Tenant addressed to the Depositary and Landlord (in form reasonably satisfactory to Landlord) stating that (A) the amount of the Restoration Advance then requested has been paid or is then duly payable by Tenant to Contractors (whose names and addresses and a description of the work involved shall be stated), (B) the amount of the Restoration Advance then requested (when taken together with the aggregate amount of all Restoration Advances theretofore made by the Depositary) exceeds neither 90% of the Deposited Sums (together with interest on such amount) nor the Installed Value of the Restoration work in question (Tenant's certificate to set forth a calculation of the Installed Value), and (C) no part of cost of the work described in any previous or then pending request for a Restoration Advance has been or is being made the basis for the Restoration Advance then being requested; and (ii) a certificate of the architect or engineer who prepared the related Plans and Specifications addressed to the Depositary and Landlord (in form reasonably satisfactory to Landlord) stating in substance that (A) the calculation of Installed Value as set forth in the certificate referred to in the foregoing clause (i) is correct, (B) the work has been performed in a good and workmanlike manner and in accordance with the Plans and Specifications (as approved by Landlord or as determined by the Appropriate Engineer to have been required to be approved by Landlord pursuant to this Lease) and (C) the unadvanced portion of the Deposited Sums in question, together with any additional amount to be available from the insurer, are at least equal to the Costs of the Restoration which will remain unpaid after giving effect to the Restoration Advance in question.