Common use of Partial Damage - Insured Clause in Contracts

Partial Damage - Insured. If the Premises are damaged by any casualty which is covered under the all-risk or causes of loss - special form insurance carried by Landlord pursuant to Paragraph 20.4, then Landlord shall restore such damage, provided insurance proceeds are available to pay at least ninety-five percent (95%) or more of the cost of restoration and provided such restoration can be completed within one hundred eighty (180) days after the commencement of the work in the reasonable opinion of a registered architect or engineer appointed by Landlord for such determination. In such event, this Lease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate reduction of net Monthly Rent while such restoration takes place, such proportionate reduction to be based upon the extent to which the restoration efforts interfere with Tenant's use of the Premises. Any dispute between Landlord and Tenant as to the amount of any rent reduction hereunder shall be resolved by arbitration, and such arbitration shall comply with and be governed by the California Arbitration Act Sections 1280 through 1294.2 of the California Code of Civil Procedure. If it is anticipated by Landlord that such restoration cannot be completed within one hundred eighty (180) days, Tenant shall have the right to terminate this Lease by written notice to Landlord within thirty (30) days after receipt of written notice of the estimated repair period; provided, however, this one hundred eighty (180) day period will be extended to the extent of any delay caused by Force Majeure Conditions, up to and including an additional one hundred twenty (120) days. Landlord shall provide Tenant with written notice of the estimated repair period as soon as reasonably possible following the damage or destruction. If Tenant does not elect to terminate this Lease as permitted herein, Landlord shall promptly commence the process of obtaining the necessary permits and approvals and repair the Premises and the Tenant Improvements. If, however, this Lease is terminated, Landlord shall refund to Tenant any Rent previously paid by Tenant which is allocable to the period after the date of damage or destruction.

Partial Damage - Insured. If the Premises are damaged by any casualty which is covered under the all-risk or causes of loss - special form insurance required to be carried by Landlord pursuant to Paragraph 20.4, then Landlord shall restore such damage, provided insurance proceeds are available to pay at least ninety-five percent (95%) or more of the cost of restoration and provided such restoration can be completed within one hundred eighty (180) days after the commencement date of the work casualty in the reasonable opinion of a registered architect or engineer appointed by Landlord for such determination. In If insurance proceeds are not available to cover ninety-five percent (95%) or more of the cost of restoration or the estimated period for restoration exceeds one hundred eighty (180) days, Landlord may terminate this Lease by written notice to Tenant within thirty (30) days after such eventdetermination of the estimated period for restoration. If Landlord does not elect to terminate this Lease, this Lease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate reduction of net Monthly Rent while from the date of such restoration takes place, such proportionate reduction to be casualty until the date the Premises are fully restored based upon the extent to which the casualty or such restoration efforts interfere with Tenant's use of renders the PremisesPremises untenantable. Any dispute between Landlord and Tenant as to the amount of any rent such Rent reduction hereunder shall be resolved by arbitration, and such arbitration shall comply with and be governed by the California Arbitration Act Sections 1280 through 1294.2 of the California Code of Civil Procedure. If it is anticipated by Landlord the architect or engineer determines that such restoration the Premises cannot be completed restored within one hundred eighty (180) daysdays after the date of the casualty, Tenant shall have the right to terminate this Lease by written notice to Landlord within thirty forty-five (3045) days after receipt of written notice of the estimated repair period; provided, however, this one hundred eighty (180) day period will be extended to the extent of any delay caused by Force Majeure Conditions, up to and including an additional one hundred twenty (120) days. Landlord shall provide Tenant with written notice of the estimated repair period as soon as reasonably possible following the damage or destructionpossible. If neither Landlord nor Tenant does not elect to terminate terminates this Lease as permitted herein, Landlord shall promptly commence the process of obtaining the necessary permits and approvals and repair the Premises and the Tenant ImprovementsImprovements and, if affected by such casualty, the parking areas and any portion of the Outside Areas required to access the Premises. If, however, this Lease is terminatedterminated by either party, Landlord shall refund to Tenant any Rent previously paid by Tenant which that is allocable to the period after the date of damage or destruction.

Partial Damage - Insured. If the Premises are damaged by any casualty which is covered under the all-risk or causes of loss - special form insurance carried by Landlord pursuant to Paragraph 20.4, then Landlord shall restore such damage, provided insurance proceeds are available to pay at least ninety-five percent (95%) or more of the cost of restoration and provided such restoration can be completed within one two hundred eighty seventy (180270) days after the commencement date of such casualty, as reasonably determined by Landlord’s independent construction contractor, then Landlord shall promptly restore the work in Premises to substantially the reasonable opinion of a registered architect or engineer appointed by Landlord for such determinationsame condition as existed prior to the casualty. In such event, this Lease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate reduction of net Monthly Rent while from the date of casualty until such restoration takes placeis completed, such proportionate reduction to be based upon the extent to which the damage and/or restoration efforts interfere with Tenant's ’s use of the Premises, as reasonably agreed upon between Tenant and Landlord. Any dispute between Landlord and Tenant as to the amount of any rent reduction hereunder shall be resolved by arbitration, and such arbitration shall comply in accordance with and be governed by the California Expedited Arbitration Act Sections 1280 through 1294.2 of the California Code of Civil Procedure. If it is anticipated by Landlord that such restoration cannot be completed within one hundred eighty (180) days, Tenant shall have the right to terminate this Lease by written notice to Landlord within thirty (30) days after receipt of written notice of the estimated repair period; provided, however, this one hundred eighty (180) day period will be extended to the extent of any delay caused by Force Majeure Conditions, up to and including an additional one hundred twenty (120) daysProcedures set forth below. Landlord shall provide Tenant with written notice of the estimated repair period as soon as reasonably possible following the damage or destruction, which estimate shall be provided by a licensed and experience independent construction contractor. If the estimated repair period exceeds two hundred seventy (270) days after the date of the damage and if the damage is so extensive as to reasonably prevent Tenant’s substantial use and enjoyment of the Premises, then Tenant does not may elect to terminate this Lease as permitted herein, by written notice to Landlord shall promptly commence the process within 10 days following Tenant’s receipt of obtaining the necessary permits and approvals and Landlord’s estimated repair the Premises and the Tenant Improvementsperiod notice. If, however, If this Lease is terminated, Landlord shall refund to Tenant the Security Deposit then held by Landlord in accordance with the provisions of this Lease and any Rent previously paid by Tenant which is allocable to the period after the date of damage or destruction.

Partial Damage - Insured. If In the event the Premises or the Building are partially damaged by any fire or other casualty which is covered under the all-risk or causes of loss - special form fire and extended coverage insurance carried by Landlord pursuant to Paragraph 20.4Section 13.2(i) above, then Landlord shall restore such damage, damage provided sufficient insurance proceeds are readily available to allow Landlord to pay at least ninety-five one hundred percent (95100%) or more of the cost of restoration and provided such restoration can be completed within one hundred eighty (180) days after the commencement of the work in thereof under the reasonable opinion laws and regulations of a registered architect or engineer appointed by the state, federal, county and municipal authorities having jurisdiction over the Premises, and if such conditions apply so as to require Landlord for to restore such determination. In such eventdamage, this Lease shall continue in full force and effect, except that . Tenant shall be entitled to a proportionate reduction of net Monthly Fixed Rent and Tenant’s Percentage Share of Operating Costs and Taxes while such restoration takes place, such proportionate reduction to be based upon the extent to which the restoration efforts interfere with Tenant's use ’s business in the Premises, provided that Tenant shall not be entitled to any such abatement or reduction in Fixed Rent and Tenant’s Percentage Share of Operating Costs and Taxes if the damage is the result of negligence, default or omission of Tenant, or any of the PremisesTenant Parties. Any dispute between Landlord Tenant’s rights to a reduction in Fixed Rent and Tenant as to the amount Tenant’s Percentage Share of any rent reduction Operating Costs and Taxes hereunder shall be resolved by arbitrationTenant’s sole and exclusive remedy in connection with any such damage. Notwithstanding the foregoing, and such arbitration shall comply with and be governed by the California Arbitration Act Sections 1280 through 1294.2 of the California Code of Civil Procedure. If it is anticipated by Landlord that such restoration cannot be completed within one hundred eighty (180) days, Tenant shall have the right to may terminate this Lease if such damage or casualty occurs during the last twelve (12) months of the term of this Lease (or the term of any renewal option, if applicable) by written giving Tenant notice to Landlord thereof at any time within thirty (30) days of the occurrence of such damage or casualty and such notice shall specify the date of such termination which date shall not be less than thirty (30) nor more than sixty (60) days after receipt the giving of written such notice. In the event of the giving of such notice of the estimated repair period; provided, however, this one hundred eighty (180) day period will be extended to the extent of any delay caused by Force Majeure Conditions, up to and including an additional one hundred twenty (120) days. Landlord shall provide Tenant with written notice of the estimated repair period as soon as reasonably possible following the damage or destruction. If Tenant does not elect to terminate this Lease as permitted herein, Landlord shall promptly commence the process of obtaining the necessary permits and approvals and repair the Premises and the Tenant Improvements. If, howevertermination, this Lease is terminated, Landlord shall refund to expire and all interest of Tenant any in the Premises shall terminate on the date so specified in such notice and all Rent previously shall be paid by Tenant which is allocable to the period after the date of damage or destructionsuch termination.

Partial Damage - Insured. If the Premises are damaged by any casualty which is covered under the all“All-risk Risk” or causes of loss - – special form insurance carried by Landlord pursuant to Paragraph 20.420.3, then Landlord shall restore such damage, provided insurance proceeds are available to pay at least ninety-five ninety percent (9590%) or more of the cost of restoration and provided such restoration can be completed within one hundred eighty (180) days after the commencement of the work in the reasonable opinion of a registered architect or engineer appointed by Landlord for such determination, which opinion Landlord shall obtain within sixty (60) days of the date of damage. If insurance proceeds are not available to cover ninety percent (90%) or more of the cost of restoration or the estimated period for restoration exceeds one hundred eighty (180) days, Landlord may terminate this Lease by written notice to the other party hereto within thirty (30) days after determination of the estimated period for restoration. In such eventthe event Landlord elects or is obligated to restore the Premises, this Lease shall continue in full force and effect, except that Tenant shall be entitled to a proportionate reduction of net Monthly Rent while such restoration takes place, such proportionate reduction to be based upon the extent to which the restoration efforts interfere with Tenant's ’s use of the Premises, as reasonably agreed upon between Tenant and Landlord. Any dispute between Landlord and Tenant as to the amount of any such rent reduction hereunder shall be resolved by arbitration, and such arbitration shall comply with and be governed by the California Arbitration Act Sections 1280 through 1294.2 of the California Code of Civil Procedure. If it is anticipated by Landlord that such restoration cannot be completed within one hundred eighty (180) days, Tenant shall have the right to terminate this Lease by written notice to Landlord within thirty (30) days after receipt of written notice of the estimated repair period; provided, however, this one hundred eighty (180) day period will be extended to the extent of any delay caused by Force Majeure Conditions, up to and including an additional one hundred twenty (120) days. Landlord shall provide Tenant with written notice of the estimated repair period as soon as reasonably possible following the damage or destruction. If neither Landlord nor Tenant does not elect to terminate this Lease as permitted herein, Landlord shall promptly commence the process of obtaining the necessary permits and approvals and repair the Premises and the Tenant Improvements. If, however, this Lease is terminatedterminated by either party, Landlord shall refund to Tenant any Rent previously paid by Tenant which is allocable to the period after the date of damage or destruction.