Common use of Obligation to Rebuild Clause in Contracts

Obligation to Rebuild. If, at any time during the Term, the Improvements or any part thereof shall be damaged or destroyed by fire or other casualty (including any casualty for which insurance coverage was not obtained or obtainable) of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense (if the Insurance proceeds are payable in connection with such damage, or destruction, but are inadequate to pay the costs of restoration, Tenant shall nonetheless be obligated to restore and repair the Improvements), and shall commence (within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or rebuild the same as nearly as practicable to its condition prior to such damage or destruction, subject to such changes or alterations as Tenant may elect to make in conformity with the provisions of Article IX hereof, and those which may be required by applicable Law including, without limitation, rules, regulations, codes or ordinances and shall thereafter diligently complete such repair and restoration. Notwithstanding that Tenant shall not be obligated to commence such repair, alteration, restoration, replacement or rebuilding until a reasonable time after the date of such fire or other casualty, Tenant shall promptly remove all debris and rubble caused thereby and place the Premises in a clean, safe and sightly condition. Such repair, alteration, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”.

Obligation to Rebuild. IfSubject to the provisions of Section 14.5 below, if, at any time during the Term, the Improvements or any part thereof shall be damaged or destroyed by fire or other casualty (including any casualty for which insurance coverage was not obtained or obtainable) of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense (if the Insurance proceeds are payable in connection with such damage, or destruction, but are inadequate to pay the costs of restoration, Tenant shall nonetheless be obligated to restore and repair the Improvements), and shall commence (within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or rebuild the same as nearly as practicable to its condition prior to such damage or destruction, subject to such changes or alterations as Tenant may elect to make in conformity with the provisions of Article IX hereof, and those which may be required by applicable Law including, without limitation, rules, regulations, codes or ordinances and shall thereafter diligently complete such repair and restoration. Notwithstanding that Tenant shall not be obligated to commence such repair, alteration, restoration, replacement or rebuilding until a reasonable time after the date of such fire or other casualty, Tenant shall promptly remove all debris and rubble caused thereby and place the Premises in a clean, safe and sightly condition. Such repair, alteration, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”.

Obligation to Rebuild. If, at If any time during portion of the Term, the Improvements or any part thereof shall be Building is substantially damaged or destroyed by fire or other casualty (including any casualty for which insurance coverage was not obtained casualty, Tenant shall forthwith give notice thereof to Landlord. Tenant shall either 8.1.1 Obtain an estimate from a licensed architect or obtainable) contractor of any kind the cost to complete such repair, restoration, rebuilding or naturereplacement, ordinary or extraordinary, foreseen or unforeseen, Tenantand Tenant shall, at its sole cost and expense (if the Insurance proceeds are payable in connection with such damageexpense, or destruction, but are inadequate to pay the costs of restoration, Tenant shall nonetheless be obligated to restore and repair the Improvements), and shall commence (within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to promptly repair, alter, restore, rebuild or replace the damaged or rebuild destroyed Building, improvements, fixtures or equipment, and complete the same as nearly soon as practicable reasonably possible, to its the condition they were in prior to such damage or destruction, subject to except for such changes in design or alterations materials as Tenant may elect to make in conformity with the provisions of Article IX hereof, and those which may then be required by law, or 8.1.2 Demolish and clear the Building improvements damaged so that the Premises is in a safe and clean condition, in compliance with any and all applicable Law rules and regulations of any governmental agency having jurisdiction over the Premises, including, without limitationbut not limited to, rulescapping all utilities. In either event, regulationsLandlord shall, codes or ordinances to the extent and shall thereafter diligently complete such repair at the times the proceeds of the insurance are made available to Landlord, and restoration. Notwithstanding that only so long as Tenant shall not be obligated to commence in default under this Lease, reimburse Tenant for the costs of making such repair, alterationrepairs, restoration, replacement rebuilding, replacements or rebuilding until demolition as they are completed, but not more often than once each month, upon receipt of a reasonable time after written request therefor, which request shall be accompanied by a certification from Tenant’s architect certifying as to completion of the date work for which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such fire repairs, restoration, rebuilding, replacements or other casualtydemolition, Tenant shall promptly remove all debris and rubble caused thereby and place the Premises in a clean, safe and sightly condition. Such repair, alteration, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”.pay the

Obligation to Rebuild. If, at (a) In the event any time during improvements on or forming part of the Term, the Improvements or any part thereof shall be Premises are damaged or destroyed destroyed, partially or totally, from any cause whatsoever whether or not such damage or destruction is covered by fire or other casualty (including any casualty for which insurance coverage was not obtained or obtainable) required to be maintained under this Lease, and the cost of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense (if the Insurance proceeds are payable in connection with such damage, or destruction, but are inadequate to pay the costs of restorationrestoration is less than $1,000,000.00, Tenant shall nonetheless be obligated to restore and repair the Improvements)repair, restore, and rebuild the improvements to at least as good condition as existed immediately prior to such damage or destruction and this Lease shall commence continue in full force and effect. Such repair, restoration and rebuilding (all of which are herein referred to as “repair”) shall be commenced within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or rebuild the same as nearly as practicable to its condition prior to such damage or destruction, subject and shall be diligently pursued to completion. There shall be no abatement of Rent or of any other obligation of Tenant hereunder by reason of such changes damage or alterations destruction. Except as set forth in this Lease, Tenant hereby waives any and all rights provided by law to terminate this Lease conditioned upon the partial or total destruction of the Premises, now existing or hereafter enacted. (b) If: (i) the cost of the restoration equals or exceeds $1,000,000.00, or (ii) if the casualty occurs during the eighteen (18) months of the Term, or (iii) if mutually agreed upon by both Landlord and Tenant, or (iv) if the cost of the restoration would, when added to the costs of such restorations which Tenant has already become obligated to pay for other damages or destruction, equal or exceed $3,000,000.00, then Tenant may elect assign to make in conformity with Landlord its right to negotiate the provisions insurance settlement, assign all of Article IX hereofTenant’s right to the insurance proceeds, and those which may be required by applicable Law including, without limitation, rules, regulations, codes or ordinances and pay to Landlord the amount of the deductible. This Lease shall thereafter diligently complete such repair and restoration. Notwithstanding that Tenant shall not be obligated to commence such repair, alteration, restoration, replacement or rebuilding until a reasonable time after then terminate as of the date of such fire or other casualty, Tenant shall promptly remove all debris and rubble caused thereby and place the casualty with respect to the portion of the Premises in a cleanso damaged, safe the amount of Rent shall be reduced prorata by the amount of square footage of the building being terminated over the amount of the total square footage of all of the buildings comprising the Premises, and sightly condition. Such repair, alteration, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection both parties shall be released of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”their obligations hereunder with respect thereto.

Obligation to Rebuild. IfIn the event that some or all of the --------------------- improvements constituting a part of the Premises or the Premises itself are damaged or destroyed, at any time during partially or totally, from an insured loss or earthquake or a loss which would have been insured but for the Termactions or failure to act of Lessee, its agents, employees or invitees, or from an uninsured loss which would cost less than One Million Dollars ($1,000,000. 00) to repair, as reasonably determined by an independent licensed architect retained by Lessor, then Lessee shall repair, restore and rebuild the Improvements Premises to its condition existing immediately prior to such damage or any part thereof destruction and this Lease shall remain in full force and effect. Such repair, restoration and rebuilding (all of which are herein individually and collectively called "repair") shall be damaged or destroyed by fire or other casualty (including any casualty for which insurance coverage was not obtained or obtainable) of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense (if the Insurance proceeds are payable in connection with such damage, or destruction, but are inadequate to pay the costs of restoration, Tenant shall nonetheless be obligated to restore and repair the Improvements), and shall commence (commenced within a reasonable time after such damage or destruction has occurred and shall be diligently pursued to completion. Lessee shall pay all costs of such repair in excess of the available insurance proceeds. The appearance of "Hazardous Material" (as defined in Paragraph 45.2 below) shall not be deemed an occurrence of such fire damage or other casualty, destruction which is subject to allowance the terms of this Section. In the event of an uninsured loss for which Lessee does not have the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) obligation to repair, alteras set forth above, restoreLessor shall have the option, replace at its sole discretion, to contribute the uninsured amount and repair or rebuild contribute the same as nearly as practicable uninsured amount and require Lessee to repair the Premises, in which event Lessee's obligation to pay rent shall not terminate during the period of reconstruction. Lessor shall notify Lessee of its condition prior election to such damage or destruction, subject to such changes or alterations as Tenant may elect to make in conformity with the provisions of Article IX hereof, and those which may be required by applicable Law including, without limitation, rules, regulations, codes or ordinances and shall thereafter diligently complete require such repair and restoration. Notwithstanding that Tenant shall not be obligated to commence such repair, alteration, restoration, replacement or rebuilding until a reasonable time within thirty (30) days after the date of occurrence of such fire or other casualtydamage. In the event Lessor elects not to repair the Premises, Tenant this Lease shall promptly remove all debris and rubble caused thereby and place terminate as of the Premises in a clean, safe and sightly conditiondate of occurrence of such damage. Such repair, alteration, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”Nothing herein shall obviate Lessee's obligations under Paragraph 8.

Obligation to Rebuild. If, at any time during In the Term, the Improvements event that all or any part thereof shall be portion of the Building and/or the Premises itself are damaged or destroyed destroyed, partially or totally, from (a) an insured loss, (b) a loss due to earthquake, (c) a loss which would have been insured but for the actions or failure to act of Lessor, its agents, employees or invitees, or (d) a loss arising from a peril not required to be insured against pursuant to Section 8 hereof or that is uninsurable (either, an “Uninsured Loss”) which would cost less than One Million Dollars ($1,000,000.00) to repair (as reasonably determined by fire or other casualty an independent licensed architect retained by Lessor) (including any casualty for which insurance coverage was not obtained or obtainablecollectively, a “Casualty Event”), then Lessor shall, within thirty (30) days of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense (if the Insurance proceeds are payable in connection with date of such damage, or destruction, but are inadequate provide Tenant with an estimate prepared by Xxxxxxxx’s architect of the time required to pay the costs of restoration, Tenant shall nonetheless be obligated to restore and repair the Improvements)complete such repairs, and shall commence (within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or restore and rebuild the same as nearly as practicable Premises to its condition existing immediately prior to such damage or destruction. For the duration of such repair work, subject this Lease shall remain in full force and effect; provided that, Rent shall be reduced in the proportion that the floor area of the Premises damaged or destroyed bears to the Premises Rentable Area prior to such changes Casualty Event. Such repair, restoration and rebuilding, all of which are herein individually and collectively called “repair”, shall be commenced within as soon as reasonably practicable after such damage or alterations as Tenant may elect to make in conformity with the provisions of Article IX hereof, and those which may be required by applicable Law including, without limitation, rules, regulations, codes or ordinances destruction has occurred and shall thereafter be diligently complete pursued to completion. Lessor shall pay all costs of such repair and restorationin excess of the available insurance proceeds. Notwithstanding that Tenant The appearance of Hazardous Material shall not be obligated deemed an occurrence of damage or destruction which is subject to commence the terms of this Section. Notwithstanding anything to the contrary in this Section 9.1, if such repair, alteration, restoration, replacement or rebuilding until a reasonable time repair work is estimated by Xxxxxx’s architect to take longer than twelve (12) months to complete after the date of such fire or other casualty, Tenant shall promptly remove all debris damage and rubble caused thereby and place the Premises in is rendered untenantable as a cleanresult of such damage for such 12-month period, safe and sightly conditionLessee may terminate this Lease upon written notice to Lessor within ten (10) business days after receipt of such estimate. Such In the event of an Uninsured Loss which would cost One Million Dollars ($1,000,000.00) or more to repair, alterationas reasonably determined by an independent licensed architect retained by Lessor, restorationLessor may elect, replacement or rebuildingwithin ten (10) days following the date (“Determination Date”) of such cost estimate, including to make such changes repair at its cost and, if Lessor does not so elect, Lessee shall have the option to contribute Lessee’s Proportionate Share of the cost for such repair in excess of One Million Dollars ($1,000,000.00), and alterations require Lessor to repair the Premises at Lessor’s cost, in which event Lessee’s obligation to pay Rent shall not terminate during the period of reconstruction. Lessee shall notify Lessor of its election to require such repair within thirty (30) days after the Determination Date. In the event of an Uninsured Loss where Lessor elects not to repair the Premises at its cost, and Lessee elects not to exercise its option pursuant to the first sentence of this paragraph, this Lease shall terminate as aforementioned and including temporary repairs for of the protection date of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”such damage.

Obligation to Rebuild. IfIf the buildings, at any time during improvements, fixtures, equipment or property on the Term, the Improvements or any part thereof Leased Premises shall be damaged or destroyed destroyed, in whole or in part, by fire or any other casualty (including any casualty for which insurance coverage was not obtained or obtainable) of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense (if during the Insurance proceeds are payable in connection with such damage, or destruction, but are inadequate to pay the costs of restorationterm hereof, Tenant shall nonetheless be obligated agrees to restore and repair the Improvements)restore, and shall commence (within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or and rebuild the same as nearly as practicable possible to its the condition the same were in immediately prior to such damage or destruction, subject to such changes or alterations as Tenant may elect to make in conformity with the provisions of Article IX hereof, and those which may be required by applicable Law including, without limitation, rules, regulations, codes or ordinances and shall thereafter diligently complete such repair and restoration. Notwithstanding that Tenant shall not be obligated to commence such repair, alteration, Such restoration, replacement repairs, replacements or rebuilding until a reasonable time shall be commenced within sixty (60) days from the date of settlement within the insurance covenants but in no event later than one hundred twenty (120) days after the date of destruction, and prosecuted with reasonable diligence; or if the improvements are not economically tenantable because of such fire destruction, and/or in the event more than fifty percent (50%) of the building area upon the Leased Premises is damaged or other casualtydestroyed, during the last year of the lease term, Tenant shall promptly remove have the right to terminate this Lease by written notice to the Landlord given within sixty (60) days after such damage or destruction, to be effective sixty (60) days from the date of receipt of such notice. In the event of such termination all debris such insurance proceeds payable by virtue of such damage or destruction to the building improvements and rubble caused thereby fixtures (but not furniture, furnishings, equipment or goods of the Tenant) shall be paid to Landlord. If at any time during the term hereof the Leased Premises are damaged or destroyed and place Tenant is finally precluded by the Premises in a clean, safe and sightly condition. Such repair, alteration, restoration, replacement or public authorities from rebuilding, including restoring or repairing the Leased Premises, then this Lease shall automatically terminate, and all the insurance proceeds payable by virtue of such changes damage or destruction to the building improvements and alterations as aforementioned and including temporary repairs for fixtures (but not furniture, furnishings, equipment or goods of the protection of other property pending the completion of any thereof, are sometimes referred Tenant) shall be paid to in this Article XIV as the “Work”Landlord.

Obligation to Rebuild. IfIn the event that some or all of the improvements constituting a part of the Premises or the Premises itself are damages or destroyed, at partially or totally, from any time during cause whatsoever, whether or not such damage or destruction is covered by any insurance required to be maintained under Paragraph 8.3 hereof, then Lessee shall repair, restore and rebuild the TermPremises to its condition existing immediately prior to such damage or destruction and this Lease shall remain in full force and effect. Such repair, the Improvements or any part thereof restoration and rebuilding (all of which are herein called "repair") shall be damaged or destroyed by fire or other casualty (including any casualty for which insurance coverage was not obtained or obtainable) of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense (if the Insurance proceeds are payable in connection with such damage, or destruction, but are inadequate to pay the costs of restoration, Tenant shall nonetheless be obligated to restore and repair the Improvements), and shall commence (commenced within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or rebuild the same as nearly as practicable to its condition prior to such damage or destructiondestruction has occurred and shall be diligently pursued to completion. If the building cannot be lawfully rebuilt, subject then Lessee shall be responsible to such changes rebuild a structure of comparable size and value as reasonably approved by Lessor. Notwithstanding the foregoing, in the event environmental or alterations other conditions of reconstruction imposed by any governmental authority would make Lessee's continued use of the Premises infeasible for operational or economic reasons, then upon delivery of written notice to Lessor, Lessee may terminate this Lease and surrender possession of the Premises to Lessor, in which event: (a) Lessor shall be entitled to all insurance proceeds available for repairs, renovation and loss of rents; (b ) Lessor shall proceed with reasonable diligence to settle the insurance claims, to repair and rebuild the Premises and to lease the Premises to a suitable replacement tenant; and (c) Lessee shall remain liable to pay Lessor, as Tenant may elect to make in conformity with and when due, the provisions of Article IX hereofamount by which Lessee's Rent obligations under this Lease exceed the amounts received by Lessor from the carriers as rental loss insurance proceeds and from the replacement tenant as rent, but only during the then-current term, and those which may be required by applicable Law includingnot during any extension of the current term regardless of whether Lessee previously notified Lessor of its election to extend the term, without limitation, rules, regulations, codes or ordinances as provided in Section 4.4(c) and shall thereafter diligently complete such repair and restoration. Notwithstanding that Tenant shall not be obligated to commence such repair, alteration, restoration, replacement or rebuilding until a reasonable time after the date 51 of such fire or other casualty, Tenant shall promptly remove all debris and rubble caused thereby and place the Premises in a clean, safe and sightly condition. Such repair, alteration, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”Lease.

Obligation to Rebuild. IfIf rentable area of the Building, at any time during the Term, the Improvements or any part thereof shall be damaged portion thereof, is damaged, destroyed, or destroyed by rendered untenantable due to fire or other casualty (including which is not due to the fault or negligence of Tenant or its agents, employees, or invitees and is not due to-any casualty for which insurance coverage was default by Tenant), and if (a) the damage or destruction does not obtained or obtainableexceed twenty-five percent (25%) of any kind the insurable value of the Building, (b) the Building is capable of being repaired, reconstructed or nature, ordinary or extraordinary, foreseen or unforeseen, Tenant, at its sole cost and expense restored within a period of two hundred seventy (if 270) days from the Insurance proceeds are payable in connection with such damage, date of the damage or destruction, but are inadequate and (c) Landlord will receive insurance proceeds sufficient to pay cover the costs cost of such repairs, reconstruction or restoration, Tenant then, subject to Tenant’s termination right stated in the next succeeding sentence, Landlord shall nonetheless be obligated to restore and repair the Improvements), and shall commence (within Building to a condition reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or rebuild the same as nearly as practicable comparable to its condition prior to such damage casualty; provided, that clause (c), above will not be a condition to Landlord’s restoration obligation hereunder if the unavailability of insurance proceeds is attributable to Landlord’s failure to perform its obligation to carry insurance under Section 8.2, or destruction, subject because a mortgagee of Landlord has obtained and retained the proceeds thereof due to a default by Landlord in its obligation to such changes mortgagee. If, under the circumstances stated in this Section 15.1.1, Landlord is obligated to restore the Building, or alterations as Tenant may elect if under Section 15.1.2 Landlord elects to make in conformity with restore the provisions Building, but if such restoration cannot be completed within two hundred seventy (270) days following the casualty necessitating such restoration, then (provided the casualty is not due to the fault or negligence of Article IX hereofTenant, and those which may be required by applicable Law includingor its agents, without limitationemployees or invitees, rulesor to a default of Tenant), regulations, codes or ordinances and shall thereafter diligently complete such repair and restoration. Notwithstanding that Tenant shall not be obligated have the option to commence such repairterminate this Lease, alteration, restoration, replacement or rebuilding until a reasonable time after which option Tenant must exercise by notice in writing to Landlord given within thirty (30) days following the date of such fire or other casualty. If Landlord is obligated to restore the Building as set forth above, Tenant and except as stated in the preceding sentence, this Lease shall promptly remove all debris remain in full force and rubble caused thereby effect, Rent shall be adjusted pursuant to Section 15.2, Landlord will commence restoring that portion of the Building so damaged as soon as commercially practicable, and place will diligently complete the Premises in a clean, safe and sightly condition. Such repair, alteration, restoration, replacement or rebuilding, including such changes and alterations as aforementioned and including temporary repairs for the protection of other property pending the completion of any thereof, are sometimes referred to in this Article XIV as the “Work”.