Common use of Partial Destruction of the Leased Premises Clause in Contracts

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) of its normal business activity, rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced construction, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.017.01, then so long as sufficient insurance proceeds are available for restorationthen, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord Landlord's Work; and further provided that if Tenant has made any additional improvements pursuant to Section 7.036.03, Tenant shall reimburse Landlord for the cost of reconstructing the samesame or Tenant, at Tenant's option, shall be responsible for reconstructing or restoring such improvements or alterations at its sole cost and expense, to which Landlord grants its prior consent and approval. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) 20% of its normal business activity, rent Rental shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided provided, however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord in accordance with Exhibit B and Exhibit F, and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its normal business activity in the Leased Premises to an extent exceeding five percent (5%) of its normal business activitya reasonable extent, rent shall be abated in the proportion which that the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Termterm. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty twenty (180120) days from the date of the casualty and or such longer period as is reasonably necessary for Landlord shall not have diligently commenced constructionto complete the repair using reasonable diligence, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties this Lease shall be released from all further obligations and liability hereunderterminate.

Partial Destruction of the Leased Premises. If the Leased Premises should be are damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.01, then then, so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord in accordance with Exhibit "B", and further provided that that, if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) of its normal business activity, rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced construction, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualtycasualty insured under the fire and extended coverage insurance provided by Landlord in accordance with Section 8.03 hereof, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's ’s expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's ’s obligation hereunder shall be limited to the reconstruction of such of the tenant Tenant finish improvements as were originally required to be made by Landlord to the extent of the availability of insurance proceeds therefor; and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) 30% of its normal business activity, rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to substantially complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualtycasualty insured or required to be insured under the fire and extended coverage insurance provided by Landlord in accordance with Section 8.03 hereof, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord in accordance with EXHIBIT B-2, including any excess tenant finish improvements paid for and installed by Landlord at the time of the original build-out of the Leased Premises; and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. Notwithstanding the foregoing, in the event any mortgagee has superior rights to any insurance proceeds payable upon the occurrence of any such casualty and such mortgagee does not make such proceeds available to Landlord for the reconstruction, Landlord shall not be obligated to reconstruct the Leased Premises as provided hereunder and either party shall have the right to terminate this Lease upon ten (10) days prior written notice to the other party. Upon such termination, both parties shall be released from all liability hereunder, except for any right or obligation arising prior to the date of such termination or which survives termination hereof. Landlord shall notify Tenant in writing within thirty (30) days of the date of casualty whether or not Landlord intends to reconstruct the Leased Premises based upon the availability of such insurance proceeds. Landlord further agrees that in the event Landlord enters into a mortgage secured by the Building, Landlord shall use commercially reasonable efforts in negotiating any such mortgage documents to eliminate or limit mortgagee's right to restrict the use of insurance proceeds for reconstructing the Leased Premises in event of casualty as provided hereunder. In the event of such eventcasualty, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) 30% of its normal business activity, rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion Substantial Completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable due diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder; provided, however, that such termination shall not affect any right or obligation arising prior to termination or which survives termination of the Lease.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided provided, however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord in accordance with Exhibit B and Exhibit F, and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its normal business activity in the Leased Premises to an extent exceeding five percent (5%) of its normal business activitya reasonable extent, rent shall be abated in the proportion which that the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Termterm. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and or such longer period as is reasonably necessary for Landlord shall not have diligently commenced constructionto complete the repair using reasonable diligence, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties this Lease shall be released from all further obligations and liability hereunderterminate.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided provided, however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord in accordance with Exhibit B, and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its normal business activity in the Leased Premises to an extent exceeding five percent (5%) of its normal business activitya reasonable extent, rent shall be abated in the proportion which that the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Termterm. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and or such longer period as is reasonably necessary for Landlord shall not have diligently commenced constructionto complete the repair using reasonable diligence, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties this Lease shall be released from all further obligations and liability hereunderterminate.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.017.01, then then, so long as sufficient insurance proceeds are available for restorationLandlord's use in reconstruction and repair, then such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord Landlord's Work; and further provided that if Tenant has made any additional improvements pursuant to Section 7.036.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) 20% of its normal business activity, rent Rental shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.017.01, then so long as sufficient insurance proceeds are available for restorationthen, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's ’s expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's ’s obligation hereunder shall be limited to the reconstruction of such of the tenant finish improvements as were originally required to be made by Landlord Landlord’s Work; and further provided that if Tenant has made any additional improvements pursuant to Section 7.036.03, Tenant shall reimburse Landlord for the cost of reconstructing the samesame or Tenant, at Tenant’s option, shall be responsible for reconstructing or restoring such improvements or alterations at its sole cost and expense, to which Landlord grants its prior consent and approval. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) 20% of its normal business activity, rent Rental shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualtycasualty insured under the fire and extended coverage insurance provided by Landlord in accordance with Section 8.03 hereof, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of the base building improvements in accordance with EXHIBIT B and such of the tenant finish improvements Tenant Finish Improvements as were originally required to be made by Landlord at Landlord's cost; and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) of its normal business activityPremises, rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased Premises should be damaged by fire or other casualtycasualty insured under the fire and extended coverage insurance provided by Landlord in accordance with Section 8.03 hereof, but not substantially destroyed or damaged to the extent provided in Section 8.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of such of the tenant Tenant finish improvements as were originally required to be made by Landlord to the extent of the availability of insurance proceeds therefor; and further provided that if Tenant has made any additional improvements pursuant to Section 7.03, Tenant shall reimburse Landlord for the cost of reconstructing the same. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) 30% of its normal business activity, rent shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to substantially complete the same within one hundred eighty (180) days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder.

Partial Destruction of the Leased Premises. If the Leased ------------------------------------------- Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 8.017.01, then so long as sufficient insurance proceeds are available for restoration, such damaged part of the Leased Premises shall be reconstructed and restored, at Landlord's expense, to substantially the same condition as it was existed prior to the casualty; provided however, that Landlord's obligation hereunder shall be limited to the reconstruction of such the Leased Premises to its condition on the date of commencement of the tenant finish improvements as were originally required to be made by Landlord Lease Term; and further provided that if Tenant has made any additional improvements pursuant to Section 7.036.03, Tenant shall reimburse Landlord for the cost of reconstructing the samesame if Tenant desires such reconstruction. In addition, Landlord may terminate this Lease within sixty (60) days of the date of such casualty if Landlord shall determine that sufficient insurance proceeds to complete such reconstruction and repair are not available to Landlord, provided that Landlord shall not have such right to terminate if the insufficiency of insurance proceeds is a result of Landlord's failure to maintain insurance as required by this Lease. In such event, if within the reasonable business judgment of Tenant using quantifiable or verifiable proof the damage is expected to prevent Tenant from carrying on its business in the Leased Premises to an extent exceeding five percent (5%) of its normal business activityany extent, rent Rental shall be abated in the proportion which the approximate area of the damaged part bears to the total area in the Leased Premises from the date of the casualty until substantial completion of the reconstruction repairs; and this Lease shall continue in full force and effect for the balance of the Lease Term. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within one hundred eighty (180) 180 days from the date of the casualty and Landlord shall not have diligently commenced constructioncasualty, Tenant may, at its option, terminate this Lease by giving Landlord written notice of such termination, whereupon both parties shall be released from all further obligations and liability hereunder; provided, however, Tenant's termination notice shall be null and void if Landlord completes the reconstruction and repair within thirty (30) days following such notice.