Common use of Obligation to Repair or Restore Clause in Contracts

Obligation to Repair or Restore. If and only if all of the following circumstances exist with respect to damage or destruction to the Premises, Landlord may not elect to terminate this Lease as provided in Section 14.1 hereof but rather must elect to repair or restore the Premises: (a) There is no fault or neglect on the part of the Tenant, Tenant’s agents, representatives, employees, customers or invitees which contributed to the damage or destruction; (b) The cost to repair the damage or destruction to the Premises is less than fifty percent (50%) of the total replacement cost of the Premises as determined by Landlord; (c) Landlord is fully insured for the casualty which causes the damage or destruction and the insurance proceeds have been made available therefor by the holder or holders of any mortgages or deeds of trust covering the Premises; (d) The date of the damage or destruction is greater than one (1) year prior to the Expiration Date of this Lease or any renewal, modification or extension thereof; and (e) Less than fifty percent (50%) of the rentable square feet of the Building [for multi building Projects: and less than fifty percent (50%) of the remaining rentable square feet of the Project (not including the Building)] is so damaged or destroyed, as determined by Landlord, regardless of the percentage of rentable square feet of the Premises which may be damaged or destroyed.

Obligation to Repair or Restore. If and only if all of the following circumstances exist conditions are met with respect to any casualty damage to or destruction to of the PremisesBuilding, Landlord or Tenant may not elect to terminate this Lease as provided in Section 14.1 hereof this Section, but rather Landlord must elect to repair or restore the PremisesBuilding: (a1) There is no fault or neglect on the part of the Tenant, Tenant’s contractors, agents, representatives, employees, customers or invitees which contributed to the damage or destruction; (b2) The cost to repair the damage or destruction to the Premises Building is less than fifty percent (50%) of the total replacement cost of the Premises thereof as determined by Landlord; (c3) Landlord is either fully insured for or insurance is required hereunder that would cover the casualty which causes that caused the damage or destruction destruction, the insurance claim has been paid, and the insurance proceeds have been made available therefor to Landlord by the holder or holders of any mortgages or deeds of trust covering the Premises; (d4) Tenant accepts full liability for the payment of any deductible amount under the property insurance provided by Landlord; (5) The date of the damage or destruction is greater more than one two (12) year years prior to the Expiration Date or the expiration of this Lease or any renewal, modification renewal or extension thereofterm; and (e6) Less than fifty sixty percent (5060%) of the total rentable square feet area of the Building [for multi building Projects: and less than fifty percent (50%) of the remaining rentable square feet of the Project (not including the Building)] is so damaged or destroyed, as determined by Landlord, regardless of the percentage of rentable square feet of the Premises which may be damaged or destroyed.

Obligation to Repair or Restore. If and only if all of the following circumstances exist with respect to damage or destruction to the Premises, Landlord may not elect to terminate this the Lease as provided in Section 14.1 hereof but rather must elect to repair or restore the Premises: (a) There is no fault or neglect on the part of the Tenant, Tenant’s agents, representatives, employees, customers or invitees which that contributed to the damage or destruction; (b) The cost to repair the damage or destruction to the Premises is less than fifty percent (50%) of the total replacement cost of the Premises thereof as determined by Landlord; (c) The Landlord is fully insured for the casualty which that causes the damage or destruction and the insurance proceeds have been made available therefor by the holder or holders of any mortgages or deeds of trust covering the Premises; (d) The date of the damage or destruction is greater than one (1) year prior to the Expiration Date of this Lease or any renewal, modification or extension thereof; and (e) Less than fifty sixty percent (5060%) of the rentable square feet of the Building [for multi building Projects: and less than fifty percent (50%) of the remaining rentable square feet of the Project (not including the Building)] is so damaged or destroyed, as determined by Landlord, regardless of the percentage of rentable square feet of the Premises which that may be damaged or destroyed.

Obligation to Repair or Restore. If and only if all of the following circumstances exist conditions are met with respect to any casualty damage to or destruction to of the Premises, Landlord or Tenant may not elect to terminate this the Lease as provided in Section 14.1 hereof this Section, but rather Landlord must elect to repair or restore the Premises: (a) There is no fault or neglect on the part of the Tenant, Tenant’s Xxxxxx's contractors, agents, representatives, employees, customers or invitees which contributed to the damage or destruction; (b) The cost to repair the damage or destruction to the Building and the Premises is less than fifty percent (50%) of the total replacement cost of the Premises thereof as determined by Landlord; (c) The Landlord is either fully insured for or insurance is required hereunder that would cover the casualty which causes that caused the damage or destruction destruction, the insurance claim has been paid, and the insurance proceeds have been made available therefor to Landlord by the holder or holders of any mortgages or deeds of trust covering the Premises; (d) The date of the damage or destruction is greater more than one two (12) year years prior to the Expiration Date or the expiration of this Lease or any renewal, modification renewal or extension thereofterm; and (e) Less than fifty sixty percent (5060%) of the total rentable square feet area of the Building [for multi building Projects: and less than fifty percent (50%) of the remaining rentable square feet of the Project (not including the Building)] is so damaged or destroyed, as determined by Landlord, regardless of the percentage of rentable square feet area of the Premises which may be damaged or destroyed.

Obligation to Repair or Restore. If and only if all of the following ------------------------------- circumstances exist with respect to damage or destruction to the Premises, Landlord may not elect to terminate this the Lease as provided in Section 14.1 hereof but rather must elect to repair or restore the Premises: (a) There is no fault or neglect on the part of the Tenant, Tenant’s 's agents, representatives, employees, customers or invitees which contributed to the damage or destruction; (b) The cost to repair the damage or destruction to the Premises is less than fifty percent (50%) of the total replacement cost of the Premises thereof as determined by Landlord; (c) The Landlord is fully insured for the casualty which causes the damage or destruction and the insurance proceeds have been made available therefor by the holder or holders of any mortgages or deeds of trust covering the Premises; (d) The date of the damage or destruction is greater more than one six (16) year months prior to the Expiration Date of this Lease or any renewal, modification or extension thereof; and (e) Less than fifty sixty percent (5060%) of the rentable square feet of the Building [for multi building Projects: and less than fifty percent (50%) of the remaining rentable square feet of the Project (not including the Building)] is so damaged or destroyed, as determined by Landlord, regardless of the percentage of rentable square feet of the Premises which may be damaged or destroyed.

Obligation to Repair or Restore. If and only if all of the following circumstances exist with respect to damage or destruction to the PremisesPremises and the Building, Landlord may not elect to terminate this the Lease as provided in Section 14.1 hereof but rather must elect to repair or restore the Premises: (a) There is no fault or neglect on the part of the Tenant, any Tenant Related Parties or any of Tenant’s agentscontractors, representativessubcontractors or invitees, employeeswhich contributed to the damage or destruction, customers or invitees if the loss did not result from any equipment owned, loaned, leased to or rented by Tenant, which contributed to the damage or destruction; (b) The cost to repair the damage or destruction to the Premises Building is less than fifty percent (50%) of the total replacement cost of the Premises thereof as reasonably determined by Landlord; (c) Landlord is fully insured (or would have been insured if Landlord maintained the insurance required by this Lease) for the casualty which that causes the damage or destruction and the insurance proceeds have been made available therefor by the holder or holders of any mortgages or deeds of trust covering the Premises; (d) The date of the damage or destruction is greater than one (1) year prior to the Expiration Date of this Lease or any renewal, modification or extension thereof; and (e) Less than fifty sixty percent (5060%) of the rentable square feet of the Building [for multi building Projects: and less than fifty percent (50%) of the remaining rentable square feet of the Project (not including the Building)] is so damaged or destroyed, as determined by Landlord, regardless of the percentage of rentable square feet of the Premises Premises, which may be damaged or destroyed.

Obligation to Repair or Restore. If and only if all of the following circumstances exist with respect to damage or destruction to the Leased Premises, Landlord may not elect to terminate this the Lease as provided in Section 14.1 Article 7.1 hereof but rather must elect to repair or restore the Leased Premises: (a) There is no fault or neglect on the part of the Tenant, Tenant’s 's agents, representatives, employees, customers representatives or invitees employees which contributed to the damage or destruction; (b) The cost to repair the damage or destruction to the Leased Premises is less than fifty percent (50%) of the total replacement cost of the Premises thereof as determined by Landlord; (c) The Landlord is fully insured for the casualty which causes the damage or destruction and the insurance proceeds have been made available therefor by the holder or holders of any mortgages or deeds of trust covering the Leased Premises; (d) The date of the damage or destruction is greater than one (1) year prior to the Expiration Date of this Lease or any renewal, modification or extension thereof; and (e) Less than fifty sixty percent (5060%) of the rentable square feet of the Building [for multi building Projects: and less than fifty percent (50%) of the remaining rentable square feet of the Project (not including the Building)] is so damaged or destroyed, as determined by Landlord, regardless of the percentage of rentable square feet of the Leased Premises which may be damaged or destroyed.