Common use of Obligation to Restore Clause in Contracts

Obligation to Restore. In the event of damage or destruction to the Building or Premises or any portion thereof by any casualty during the Lease Term, Landlord shall forthwith repair the same to the condition the Building or Premises were in immediately before the destruction (to the extent permitted by Laws), provided such casualty is (i) of a type required to be insured against by Landlord under the terms of this Lease and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction or (ii) is actually insured against by Xxxxxxxx and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises by a casualty of a type which is not required to be insured against by Landlord under this Lease, and which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), Landlord shall restore the Premises to the same condition as they were in immediately before such destruction (to the extent permitted by Laws) and this Lease shall not terminate; provided, that if in the case of such Uninsured Casualty the cost of restoration exceeds five percent (5%) of the then replacement cost of the Building, Landlord may elect to terminate this Lease by giving written notice to Tenant within fifteen (15) days after determining the replacement cost and furnishing reasonable evidence thereof to Tenant. If Landlord SO elects to terminate this Lease, Tenant, within fifteen (15) days after receiving Xxxxxxxx's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the difference between five percent (5%) of the replacement cost of the Building and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects to terminate this Lease and Tenant does not elect to contribute the cost Of restoration as provided herein, this Lease shall terminate. In all events Landlord shall not be required to restore or replace Xxxxxx's Alterations or replace Xxxxxx's Property unless Landlord receives insurance proceeds which cover such losses. Provided the damage is not due to the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, Tenant shall be entitled to a proportionate reduction of Base Monthly Rent during the period of damage and restoration, such proportionate reduction to be based upon the extent to which thc damage and making of repairs shall interfere with Xxxxxx's use of the Premises.

Obligation to Restore. In If this Lease is not terminated as provided in this Article 13, Landlord shall, at its sole expense, restore with due diligence the event affected portions of damage or destruction the Base Building, the Premises, the Tenant Improvements, any Alterations, and the Common Areas, so far as is practicable to a complete unit of like quality, character, and condition as that which existed immediately prior to the Building or Premises or any portion thereof by any casualty during the Lease Term, Landlord shall forthwith repair the same to the condition the Building or Premises were in immediately before the destruction (to the extent permitted by Laws)taking, provided such casualty is that (i) Landlord shall not be obligated to expend an amount greater than that which was awarded to Landlord for such taking, plus any portion of a type required Tenant’s award made available by Tenant to be insured against by Landlord under the terms of this Lease and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction or restoration, (ii) is actually insured against by Xxxxxxxx and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises by a casualty of a type which is not required to be insured against by Landlord under this Lease, and which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), Landlord shall restore the Premises to the same condition as they were in immediately before such destruction (to the extent permitted by Laws) and this Lease shall not terminate; provided, that if in the case of such Uninsured Casualty the cost of restoration exceeds five percent (5%) of the then replacement cost of the Building, Landlord may elect to terminate this Lease by giving written notice to Tenant within fifteen (15) days after determining the replacement cost and furnishing reasonable evidence thereof to Tenant. If Landlord SO elects to terminate this Lease, Tenant, within fifteen (15) days after receiving Xxxxxxxx's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the difference between five percent (5%) of the replacement cost of the Building and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects to terminate this Lease and Tenant does not elect to contribute the cost Of restoration as provided herein, this Lease shall terminate. In all events Landlord shall not be required to restore Tenant Improvements or replace Xxxxxx's Alterations made by or replace Xxxxxx's Property unless Landlord receives insurance proceeds which cover such losses. Provided the damage is not due to the negligence or willful misconduct on behalf of Tenant, including, without limitation, any of Tenant’s signage, the Rooftop Equipment (as defined in Section 21.1 below), the Generator, the Lobby Desk, or Tenant’s personal property unless and except to the extent the award received by Landlord was in compensation for the taking of such items or Tenant makes available to Landlord for the restoration of such items a portion of its employeesaward sufficient to pay for the restoration thereof, agents, contractors or inviteesand (iii) if Landlord fails to complete such restoration within two hundred seventy (270) days after the date on which title to the property subject to the taking is transferred to the governmental authority, Tenant may terminate this Lease by written notice given to Landlord within thirty (30) days following the expiration of such two hundred seventy (270) day period, and Tenant’s failure to delivery such notice within such time period, shall be entitled constitute Tenant’s waiver of its termination right set forth in this Section 13.5. Tenant, at its sole cost and expense, shall restore its furniture, fixtures and other allowed leasehold improvements in such manner as Tenant elects, subject to a proportionate reduction the terms of Base Monthly Rent during the period of damage and restoration, such proportionate reduction to be based upon the extent to which thc damage and making of repairs shall interfere with Xxxxxx's use of the Premisesthis Lease.

Obligation to Restore. In the event of damage or destruction to the Building or Premises or If any portion thereof by any casualty during the Lease Term, Landlord shall forthwith repair the same to the condition the Building or Premises were in immediately before the destruction (to the extent permitted by Laws), provided such casualty is (i) of a type required to be insured against by Landlord under the terms of this Lease and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction or (ii) is actually insured against by Xxxxxxxx and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises or the Control Area is damaged or destroyed by a fire or other casualty of a type which is not required to be insured against by Landlord under this Lease, and which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), this Lease shall remain in full force and effect (except as provided in Sections 16.1 (b) and/or 16.1 (c) hereof and except as otherwise provided herein), and Landlord shall, at its sole expense, promptly repair, restore and rebuild the Landlord's Work (a Restoration) to facilities of like quality, nature and condition, with the same layout as that which existed immediately prior to the occurrence of such Casualty. (Landlord shall not be obligated to restore items that were initially Tenant's Work or replacements to Tenant's Work, the Excluded Personal Property, and Tenant's stock in trade, fixtures, furniture, furnishings, carpeting, floor covering, wall covering, drapes, ceiling and equipment). If any portions of the Common Area (other than the Control Area) are damaged or destroyed by a Casualty, this Lease shall likewise remain in full force and effect (except as provided in Sections 16.1 (b) and/or 16.1 (c) and except as otherwise provided herein) and Landlord shall as its sole expense repair, restore and rebuild the same to facilities with a similar layout as that which existed immediately prior to the occurrence of such casualty to the extent that same will not materially adversely affect Tenant's business in the Premises. Anytime that Landlord repairs or restores the Premises to the extent required above after damage or destruction, then Tenant shall promptly repair or replace the Tenant's Work, or any replacements thereto, the Excluded Personal Property, and its stock in trade, fixtures, furnishings, furniture, carpeting, wall covering, floor covering, drapes, ceiling and equipment to the same condition as they were in immediately before such destruction (prior to the extent permitted by Laws) casualty, and this Lease shall not terminate; provided, that if in the case of such Uninsured Casualty the cost of restoration exceeds five percent (5%) of the then replacement cost of the Building, Landlord may elect to terminate this Lease by giving written notice to Tenant within fifteen (15) days after determining the replacement cost and furnishing reasonable evidence thereof to Tenant. If Landlord SO elects to terminate this Lease, Tenant, within fifteen (15) days after receiving Xxxxxxxx's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of has closed its election, the difference between five percent (5%) of the replacement cost of the Building and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects to terminate this Lease and Tenant does not elect to contribute the cost Of restoration as provided herein, this Lease shall terminate. In all events Landlord shall not be required to restore or replace Xxxxxx's Alterations or replace Xxxxxx's Property unless Landlord receives insurance proceeds which cover such losses. Provided the damage is not due to the negligence or willful misconduct of Tenant, its employees, agents, contractors or inviteesbusiness, Tenant shall be entitled to a proportionate reduction of Base Monthly Rent during the period of damage and restoration, such proportionate reduction to be based promptly reopen for business upon the extent completion of such repairs. Landlord shall utilize its best efforts (without having to which thc damage and making of repairs pay overtime) to substantially complete all Restorations as promptly as possible under the circumstances, and, in any event, shall interfere with Xxxxxx's use utilize its best efforts (without having to pay overtime) to substantially complete all Restorations within one (1) year of the PremisesCasualty.

Obligation to Restore. In the event of damage or destruction to the Building or Premises or any portion thereof by any casualty during the Lease Term, Landlord shall forthwith repair the same to the condition the Building or Premises were was in immediately before the destruction (to the extent permitted by Laws)destruction, provided such casualty is (i) of a type required to be insured against by Landlord under the terms of this Lease and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction or (ii) is actually insured against by Xxxxxxxx and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction Landlord (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises by a casualty of a type which is not required to be insured against by Landlord under this Lease, and which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), Landlord shall restore the Premises to the same condition as they were in immediately before such destruction (to the extent permitted by Laws) and this Lease shall not terminate; provided, that if in the case of such Uninsured Casualty the cost of restoration exceeds five ten percent (510%) of the then replacement cost value of the Building, Landlord may elect to terminate this Lease by giving written notice to Tenant within fifteen (15) days after determining the replacement cost value and furnishing reasonable evidence thereof to Tenant. If Landlord SO so elects to terminate this Lease, Tenant, within fifteen (15) days after receiving XxxxxxxxLandlord's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the difference between five ten percent (510%) of the replacement cost of the Building Premises and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects to terminate this Lease and Tenant does not elect to contribute the cost Of of restoration as provided herein, this Lease shall terminate. In all events Landlord shall not be required to restore or replace XxxxxxTenant's Alterations or replace XxxxxxTenant's Property unless Landlord receives insurance proceeds which cover such lossesfixtures or personal property. Provided the damage is not due to the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, Tenant shall be entitled to a proportionate reduction of Base Monthly Rent rent during the period of damage and restoration, such proportionate reduction to be based upon the extent to which thc the damage and making of repairs shall interfere with XxxxxxTenant's use of the Premises.

Obligation to Restore. In the event of damage or destruction to the Building or Premises or any portion thereof by any casualty during the Lease Term, Landlord shall forthwith repair the same to the condition the Building or Premises were in immediately before the destruction (to the extent permitted by Laws), provided such casualty is (ia) of a type required to be insured against by Landlord under the terms of this Lease and for which Xxxxxxxx Landlord has actually received insurance proceeds sufficient to repair the damage or destruction or (iib) is actually insured against by Xxxxxxxx Landlord and for which Xxxxxxxx Landlord has actually received insurance proceeds sufficient to repair the damage or destruction (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises by a casualty of a type which is not required to be insured against by Landlord under this Lease, and which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), Landlord shall restore the Premises to the same condition as they were in immediately before such destruction (to the extent permitted by Laws) and this Lease shall not terminate; provided, that if in the case of such Uninsured Casualty the cost of restoration exceeds five percent Five (5%% ) percent of the then replacement cost of the Building, Landlord may elect to terminate this Lease by giving written notice to Tenant within fifteen Fifteen (15) days after determining the replacement cost and furnishing reasonable evidence thereof to Tenant. If Landlord SO so elects to terminate this Lease, Tenant, within fifteen with Fifteen (15) days after receiving XxxxxxxxLandlord's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the difference between five percent Five (5%) percent of the replacement cost of the Building and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects to terminate this Lease lease and Tenant does not elect to contribute the cost Of of restoration as provided herein, this Lease shall terminate. In all events Landlord shall not be required to restore or replace XxxxxxTenant's Alterations Alternations or replace XxxxxxTenant's Property unless Landlord receives insurance proceeds which cover such losses. Provided the damage is not due to the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, Tenant shall be entitled to a proportionate reduction of Base Monthly Rent during the period of damage and restoration, such proportionate reduction to be based upon the extent to which thc the damage and making of repairs shall interfere with XxxxxxTenant's use of the Premises.

Obligation to Restore. In the event case of damage or destruction to the Building or Premises or any portion thereof by any casualty during the Lease Term, Landlord shall forthwith repair the same to the condition the Building or Premises were in immediately before the destruction (to the extent permitted by Laws), provided such casualty is (i) of a type required to be insured against by Landlord under the terms of this Lease and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction or (ii) is actually insured against by Xxxxxxxx and for which Xxxxxxxx has actually received insurance proceeds sufficient to repair the damage or destruction (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises Leasehold Improvements by a casualty of a type which risk that is not required to be insured against covered by Landlord under insurance as set forth in Article 9 of this Lease, and the repair costs for which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), Landlord shall restore the Premises to the same condition as they were Tenant reasonably believes will be in immediately before such destruction (to the extent permitted by Laws) and this Lease shall not terminate; provided, that if in the case excess of such Uninsured Casualty the cost of restoration exceeds five percent (5%) of the then replacement cost of costs thereof, Tenant shall have the Building, Landlord may elect right to terminate this Lease by giving written notice to Tenant Landlord within fifteen ninety (1590) days after determining of such damage or destruction. In case of damage to or destruction of the replacement cost and furnishing reasonable evidence thereof Leasehold Improvements by a risk required to Tenant. If Landlord SO elects to terminate be covered by insurance as set forth in Article 9 of this Lease, Tenant, within fifteen (15) days after receiving Xxxxxxxx's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the difference between five percent (5%) of the replacement cost of the Building and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects this Lease is not terminated, Tenant shall promptly, restore, rebuild, replace or repair the Leasehold Improvements with improvements of comparable value and quality as existed immediately prior to such damage or destruction. Tenant shall promptly and diligently process applicable insurance claims. Such restoration, repair or rebuilding shall be commenced as promptly as possible following Tenant’s receipt of the proceeds of insurance, and shall thereafter be prosecuted with due diligence. Notwithstanding the foregoing, however, in the case of: (i) damage to or destruction of the Leasehold Improvements during the last five (5) years of the Lease Term that renders them inaccessible or unusable for purposes of conducting Tenant’s business; or (ii) in the event that the reasonable cost estimate to reconstruct the Leasehold Improvements exceeds fifty percent (50%) of the replacement value of the Leasehold Improvements, Tenant may elect to terminate this Lease by giving Landlord written notice of such election within ninety (90) days following the casualty, in which event Tenant shall have no obligation to restore, rebuild, replace or repair the Leasehold Improvements, provided, however, Tenant shall either, at its cost or with the proceeds of casualty insurance, clear the Premises of debris and return the same to a safe and neat and clean condition. Notwithstanding the foregoing, the proceeds of insurance payable on account of the casualty required to be carried under this Lease, whether actually carried or not (plus the amount of any deductible or self-insured retention level, which will be paid by Tenant) will be the “Restoration Fund.” The Restoration Fund will be made available to pay the costs of such work, in the same manner including, but not limited to, fund control, as proceeds of a construction loan are subject to disbursement. Tenant does not elect to contribute the cost Of restoration as provided herein, this Lease shall terminate. In all events Landlord shall will not be required to restore or replace Xxxxxx's Alterations or replace Xxxxxx's Property unless Landlord receives insurance proceeds which cover such losses. Provided incur costs for the damage is not due restoration in excess of the Restoration Fund proceeds, but will cause the Leasehold Improvements, to the negligence or willful misconduct extent feasible, to be restored: (i) to a complete architectural unit, (ii) in condition appropriate to permit continuation of Tenant’s business operation, its employeesand (iii) to substantially the same value and utility as immediately before the casualty, agents, contractors or invitees, Tenant shall be entitled to a proportionate reduction of Base Monthly Rent during the period of damage and restoration, such proportionate reduction to be based upon the extent to which thc damage and making of repairs shall interfere with Xxxxxx's use feasible (taking into consideration, among other matters, the amount of the PremisesRestoration Fund).

Obligation to Restore. In the event of damage or destruction to the Building or Premises or any portion thereof by any casualty during the Lease Term, Landlord shall forthwith repair the same to the condition the Building or Premises were in immediately before the destruction (to the extent permitted by Laws), provided such casualty is (ia) of a type required to be insured against by Landlord under the terms of this Lease and for which Xxxxxxxx Landlord has actually received insurance proceeds sufficient to repair the damage or destruction or (iib) is actually insured against by Xxxxxxxx Landlord and for which Xxxxxxxx Landlord has actually received insurance proceeds sufficient to repair the damage or destruction (herein collectively referred to as an "Insured Casualty"). In the event of damage or destruction of the Premises by a casualty of a type which is not required to be insured against by Landlord under this Lease, and which is not actually insured against by Landlord (herein referred to as an "Uninsured Casualty"), Landlord shall restore the Premises to the same condition as they were in immediately before such destruction (to the extent permitted by Laws) and this Lease shall not terminate; provided, that if in the case of such Uninsured Casualty the cost of restoration exceeds five percent Five (5%) percent of the then replacement cost of the Building, Landlord may elect to terminate this Lease by giving written notice to Tenant within fifteen Fifteen (15) days after determining the replacement cost and furnishing reasonable evidence thereof to Tenant. If Landlord SO so elects to terminate this Lease, Tenant, within fifteen with Fifteen (15) days after receiving XxxxxxxxLandlord's notice to terminate, can elect to pay to Landlord at the time Tenant notifies Landlord of its election, the difference between five percent Five (5%) percent of the replacement cost of the Building and the actual cost of restoration, in which case Landlord shall restore the Premises and this Lease shall not terminate. If Landlord so elects to terminate this Lease lease and Tenant does not elect to contribute the cost Of of restoration as provided herein, this Lease shall terminate. In all events Landlord shall not be required to restore or replace XxxxxxTenant's Alterations Alternations or replace XxxxxxTenant's Property unless Landlord receives insurance proceeds which cover such losses. Provided the damage is not due to the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees, Tenant shall be entitled to a proportionate reduction of Base Monthly Rent during the period of damage and restoration, such proportionate reduction to be based upon the extent to which thc the damage and making of repairs shall interfere with Xxxxxx's Tenant`s use of the Premises.