Common use of Reconstruction of Damaged Premises Clause in Contracts

Reconstruction of Damaged Premises. In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as hereinafter provided), and the minimum rent shall be abated in proportion to the floor area of the Premises rendered untenantable with a proportionate reduction in Minimum Gross Sales. Payment of full rental so abated shall commence and Tenant shall be obligated to reopen for business on the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant opens at an earlier time in the damaged area or remains open in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s earlier reopening. Any amount expended by Landlord in repairing the Premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 of this Lease allocated to the Premises shall be repayable by Tenant to Landlord within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord shall reconstruct the Premises in accordance with the working drawings originally approved by Landlord or (at Xxxxxxxx’s sole election) with new drawings prepared by Xxxxxx and acceptable to Landlord and Tenant. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment, plate glass, signs or personal property. If Landlord repairs or rebuilds, Tenant, at Tenant’s sole cost, shall repair or replace Tenant’s merchandise, trade fixtures, furnishings, equipment, plate glass, signs and personal property in a manner and to at least a condition equal to that prior to the damage or destruction thereof.

Reconstruction of Damaged Premises. In the event If the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so pursuant to Section 6.7 hereof, as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (by Landlord, unless Landlord shall elect not to rebuild as hereinafter provided), and a just and proportionate part of the minimum rent Minimum Monthly Rent and all other charges shall be abated in proportion to the floor area abated, until so repaired. The obligation of the Premises rendered untenantable with a proportionate reduction in Minimum Gross Sales. Payment of full rental so abated shall commence and Tenant Landlord hereunder shall be obligated limited to reopen for business on the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant opens at an earlier time in the damaged area or remains open in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s earlier reopening. Any amount expended by Landlord in repairing the Premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 of this Lease allocated to the Premises shall be repayable by Tenant to Landlord within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord shall reconstruct reconstructing the Premises in accordance with the working drawings originally approved by Landlord or (at Xxxxxxxx’s sole election) with new drawings prepared by Xxxxxx initial plans and acceptable to Landlord and Tenantspecifications for the construction of the Premises. In no event shall Landlord be required to repair or replace Tenant’s merchandise, Tenant’s Improvements, Tenant’s Property, trade fixtures, furnishings or equipment. If more than thirty-five percent (35%) of the Premises or more than thirty-five (35%) of the floor area of the building in which the Premises are located shall be destroyed by fire or other casualty, plate glassor if during the last three (3) years of the Term hereof, signs more than twenty-five percent (25%) of the Premises or personal propertyof the floor area of the building in which the Premises are located shall be damaged or destroyed by fire or other casualty then Landlord may elect either to repair or rebuild the Premises or the building of which the Premises are a part, as the case may be, or to terminate this Lease by giving written notice to Tenant of its election to so terminate, such notice to be given within one hundred twenty (120) days after the occurrence of such damage or destruction. If Landlord repairs is required or rebuildselects to repair or rebuild the Premises as herein provided, Tenant, at Tenant’s sole cost, Tenant shall repair or replace its merchandise, Tenant Improvements, Tenant’s merchandiseProperty, trade fixtures, furnishings, equipment, plate glass, signs furnishings and personal property equipment in a manner and to at least a condition equal to that prior to its damage or destruction. The parties acknowledge that the provisions of this Article 19 govern the rights and obligations in the event of substantial or total damage or destruction thereofof the Premises and Tenant hereby waives the protection of any statute, code or judicial decisions that grants Tenant the right to terminate this Lease in the event of partial or total damage or destruction of the Premises, including without limitation the provisions of Sections 1932 (2) and 1933 (4).

Reconstruction of Damaged Premises. In the event the Premises leased premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord pursuant to Section 11.2 of this Lease so as to become partially or totally untenantable, then the damage to the Premises leased premises shall be promptly repaired (unless Landlord shall elect not to rebuild as hereinafter provided), and the minimum rent and (to the extent covered by the insurance carried by Landlord under Section 11.2(b)) other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the leased premises) shall be abated in proportion to the floor area of the Premises leased premises rendered untenantable with a proportionate reduction in Minimum Gross Salesuntenantable, and the Breakpoint above which percentage rent is computed and payable shall likewise be proportionately reduced. Payment of full rental rent and all other charges so abated shall commence and Tenant shall be obligated to reopen for business on the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises premises are tenantable, unless Tenant opens at an earlier time in the damaged area or remains open in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s 's earlier reopening. If Landlord shall elect to cause Tenant to make the necessary repairs to the leased premises, as provided below, payment of full rent and all other charges so abated shall commence and Tenant shall be obligated to reopen for business on the sixtieth (60th) day following the date that Landlord advises Tenant of Landlord's election for Tenant to perform such work. Landlord shall be obligated to cause such repairs to be made unless Landlord, at its sole option, elects to cause Tenant to make such repairs, in which event Tenant shall promptly complete the same and Landlord will make available to Tenant for the sole purpose of reconstruction of Tenant's improvements such portion of any insurance proceeds received by Landlord from its insurance carrier, under a policy carried pursuant to Section 11.2 of this Lease, allocated to the leased premises by Landlord. In the event of any such reconstruction by Tenant, an architect duly registered in the State shall be selected by Landlord and shall direct the payment of such insurance proceeds. Such insurance proceeds shall be payable to Tenant only upon receipt by Landlord of certificates of said architect stating that the payments specified therein are properly payable for the purpose of reimbursing Tenant for expenditures actually made by Tenant in connection with such work. At the election of Landlord or Landlord's mortgagee, direct payments may be made to material suppliers and laborers upon written certification by said architect that such payments are due and payable. Any such insurance proceeds in excess of Tenant's actual expenditures in restoring the damage or destruction shall belong to Landlord. In making repairs, restoration or reconstruction, Tenant, at its expense, shall comply with all laws, ordinances, and governmental rules or regulations, and shall perform all work or cause such work to be performed with due diligence and in a first-class manner. All permits required in connection with said repairs, restoration and reconstruction shall be obtained by Tenant at Tenant's sole cost and expense. Any amount expended by Tenant in excess of such insurance proceeds received by Landlord and made available to Tenant shall be the sole obligation of Tenant. In the event of reconstruction or repair by Landlord, any amount expended by Landlord in repairing the Premises leased premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 11.2 of this Lease allocated to the Premises leased premises shall be repayable by Tenant to Landlord within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord The party required hereunder to repair the damage to the leased premises shall reconstruct the Premises such 1eased premises in accordance with the working drawings originally approved by Landlord or with (at Xxxxxxxx’s Landlord's sole election) with new drawings prepared by Xxxxxx Tenant and acceptable to Landlord and Tenant. In no event shall Landlord be required to repair or replace Tenant’s 's merchandise, trade fixtures, furnishings or equipment. If (i) more than thirty-five percent (35%) of the floor area of the building in which the leased premises are located or of the Development shall be damaged or destroyed by fire or other casualty, plate glassor (ii) during the last three (3) years of the term hereof more than twenty-five percent (25%) of the floor area of the leased premises or of the building in which the leased premises are located or of the Development shall be damaged or destroyed by fire or other casualty, signs or personal property(iii) all or any pan of the Development or said building or the leased premises are damaged or destroyed at any time by the occurrence of any risk not insured under the insurance carried by Landlord pursuant to Sections 8.3 or 11.2(a), then Landlord, at its sole option, may terminate this Lease by giving written notice to Tenant of Landlord's election so to terminate, such notice to be given within ninety (90) days after the occurrence of such damage or destruction. If Landlord repairs or rebuilds, or requires Tenant to repair or rebuild the leased premises as herein provided, Tenant, at Tenant’s 's sole cost, shall repair or replace Tenant’s 's merchandise, trade fixtures, furnishings, equipment, plate glass, signs furnishings and personal property equipment in a manner and to at least a condition equal to that prior to the damage or destruction thereof.. SEE ATTACHED RIDERS FOR INSERTS 32

Reconstruction of Damaged Premises. In the event the Premises leased premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord pursuant to Section 11.02 of this Lease so as to become partially or totally untenantable, then the damage to the Premises leased premises shall be promptly repaired (unless Landlord shall elect not to rebuild as hereinafter provided), and the minimum rent and (to the extent covered by the insurance carried by Landlord under Section 11.02(b)) other charges payable by Tenant to Landlord shall be abated in proportion to the floor area of the Premises leased premises rendered untenantable with a proportionate reduction in untenantable, and the Minimum Gross SalesSales above which percentage rent is computed and payable shall likewise be proportionately reduced. Payment of full rental rent and all other charges so abated shall commence and Tenant shall be obligated to reopen for business on the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises premises are tenantable, unless Tenant opens at an earlier time in the damaged area or remains open in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s 's earlier reopening. If Landlord shall elect to cause Tenant to make the necessary repairs to the leased premises, as provided below, payment of full rent and all other charges so abated shall commence and Tenant shall be obligated to reopen for business on the one hundred twentieth (120th) day following the date that Landlord advises Tenant of Landlord's election for Tenant to perform such work. Landlord shall be obligated to cause such repairs to be made unless Landlord, at its sole option, elects to cause Tenant to make such repairs, in which event Tenant shall promptly complete the same and Landlord will make available to Tenant for the sole purpose of reconstruction of Tenant's improvements such portion of any insurance proceeds received by Landlord from its insurance carrier, under a policy carried pursuant to Section 11.02 of this Lease, allocated to the leased premises by Landlord. In the event of any such reconstruction by Tenant, an architect duly registered in the State shall be selected by Landlord and shall direct the payment of such insurance proceeds. Such insurance proceeds shall be payable to Tenant only upon receipt by Landlord of certificates of said architect stating that the payments specified therein are properly payable for the purpose of reimbursing Tenant for expenditures actually made by Tenant in connection with such work. At the election of Landlord or Landlord's mortgagee, direct payments may be made to material suppliers and laborers upon written certification by said architect that such payments are due and payable. Any such insurance proceeds in excess of Tenant's actual expenditures in restoring the damage or destruction shall belong to Landlord. In making repairs, restoration or reconstruction, Tenant, at its expense, (subject to application of any insurance proceeds allocable to the leased premises, as determined hereunder) shall comply with all laws, ordinances, and governmental rules or regulations, and shall perform all work or cause such work to be performed with due diligence and in a first-class manner. All permits required in connection with said repairs, restoration and reconstruction shall be obtained by Tenant at Tenant's sole cost and expense. Any amount expended by Tenant in excess of such insurance proceeds received by Landlord and made available to Tenant shall be the sole obligation of Tenant. In the event of reconstruction or repair by Landlord, any amount expended by Landlord in repairing the Premises leased premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 of this Lease allocated to the Premises leased premises shall be repayable by Tenant to Landlord within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord The party required hereunder to repair the damage to the leased premises shall reconstruct the Premises such leased premises in accordance with the working drawings originally approved by Landlord or with (at Xxxxxxxx’s Landlord's sole election) with new drawings prepared by Xxxxxx Tenant and acceptable to Landlord and Tenant. In no event shall Landlord be required to repair or replace Tenant’s 's merchandise, trade fixtures, furnishings or equipment. If (i) more than thirty-five percent (35%) of the floor area of the building in which the leased premises are located or of the Shopping Center shall be damaged or destroyed by fire or other casualty, plate glassor (ii) during the last two (2) years of the initial term hereof or the last three (3) years of any renewal term hereof more than twenty-five percent (25%) of the floor area of the leased premises or of the building in which the leased premises are located or of the Shopping Center shall be damaged or destroyed by fire or other casualty, signs or personal property(iii) all or any part of the Shopping Center or said building or the leased premises are damaged or destroyed at any time by the occurrence of any risk not insured under the insurance carried by Landlord pursuant to Sections 8.03 or 11.02(a), then Landlord, at its sole option, may terminate this Lease by giving written notice to Tenant of Landlord's election so to terminate, such notice to be given within ninety (90) days after the occurrence of such damage or destruction. If Landlord repairs or rebuilds, or requires Tenant to repair or rebuild the leased premises as herein provided, Tenant, at Tenant’s 's sole cost, shall repair or replace Tenant’s 's merchandise, trade fixtures, furnishings, equipment, plate glass, signs furnishings and personal property equipment in a manner and to at least a condition equal to that prior to the damage or destruction thereof.

Reconstruction of Damaged Premises. (a) In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord pursuant to Section 11.02 so as to become partially or totally untenantable, then the damage to the Premises and the leasehold improvements shall be promptly repaired by Landlord (unless Landlord shall elect not to rebuild as hereinafter provided), and the minimum rent Minimum Annual Rental and, to the extent reimbursed from the proceeds of insurance under Section 11.02, any Additional Rent that is calculated on the basis of Floor Area payable by Tenant shall be abated in proportion to the floor area Floor Area of the Premises rendered untenantable with a proportionate reduction in Minimum Gross Salesuntenantable, and the Annual Breakpoint shall likewise be proportionately reduced. Payment of full rental Minimum Annual Rental and Additional Rent so abated shall commence re- commence, and Tenant shall be obligated to reopen for business on not later than the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises are tenantabletenantable (which means that Landlord shall have repaired, unless Tenant opens at an earlier time in restored or reconstructed the damaged area or remains open in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s earlier reopeningPremises). Any amount expended by Landlord in repairing the Premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 of this Lease which were allocated to the Premises shall be repayable by Tenant to Landlord within ten thirty (1030) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord shall reconstruct the Premises in accordance with the working drawings originally approved by Landlord or (at Xxxxxxxx’s sole election) with new drawings prepared by Xxxxxx and acceptable to Landlord and Tenantdemand thereof. In no event shall Landlord be required to repair or replace Tenant’s merchandisesignage or Personal Property, trade fixtures, furnishings but the same shall be repaired or equipment, plate glass, signs or personal property. If Landlord repairs or rebuilds, Tenant, at Tenant’s sole cost, shall repair or replace Tenant’s merchandise, trade fixtures, furnishings, equipment, plate glass, signs and personal property in replaced promptly by Tenant to a manner and to condition at least a condition equal to that prior to the damage or destruction thereof. If Landlord elects or is required to restore the Leased Premises pursuant to this ARTICLE 17, and Landlord does not substantially complete the repair or restoration of the Premises within one year after the occurrence of such casualty, then Tenant shall have the right, as its sole remedy, to terminate this Lease at any time thereafter on thirty (30) days’ prior written notice to Landlord (unless such repair or restoration shall be substantially completed during such thirty (30) day period). (b) Landlord may elect, in its sole discretion, to cause Tenant to make such repairs to the leasehold improvements, in which event Tenant shall promptly complete same in accordance with provisions of Exhibit B and Landlord will make available to Tenant for the sole purpose of reconstruction of Tenant’s leasehold improvements such portion of any insurance proceeds received by Landlord under a policy carried pursuant to Section 11.02 as may be allocated to the leasehold improvements of the Premises by Landlord. If such proceeds Landlord allocates to the leasehold improvements are insufficient to permit restoration of the premises, Tenant shall have the right to terminate, such notice to be given within thirty (30) days notice after Xxxxxxxx’s right to elect Tenant to make such repairs.

Reconstruction of Damaged Premises. In the event the Leased Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord or Tenant pursuant to Section 9.02 of this Lease, so as to become make the Leased Premises partially or totally untenantable, then the damage to the Leased Premises shall be promptly repaired (unless by Landlord, to the extent proceeds received from such insurance are made available to Landlord shall elect not by the holders of the mortgage or mortgages on the Centre which are superior to rebuild as hereinafter provided)this Lease, or if sufficient proceeds are made available to Landlord through refinancing acceptable to Landlord, and a just and proportionate part of the minimum rent rental and all other charges shall be abated in proportion to the floor area until so repaired. The obligation of the Premises rendered untenantable with a proportionate reduction in Minimum Gross Sales. Payment of full rental so abated shall commence and Tenant Landlord hereunder shall be obligated limited to reopen for business on reconstructing the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant opens at an earlier time in the damaged area or remains open in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s earlier reopening. Any amount expended by Landlord in repairing the Premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 of this Lease allocated to the Premises shall be repayable by Tenant to Landlord within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord shall reconstruct the Leased Premises in accordance with the working drawings originally approved by Landlord or (at Xxxxxxxx’s sole election) with new drawings prepared by Xxxxxx initial plans and acceptable to Landlord and Tenantspecifications for the construction of the Leased Premises, including Landlord's work hereunder, if any. In no event shall Landlord be required to repair or replace Tenant’s 's merchandise, trade fixtures, furnishings or equipment, plate glass, signs or personal property. If Landlord's mortgagee does not make the insurance proceeds available to Landlord repairs or rebuildssame are insufficient in Landlord's reasonable judgment to repair the premises, TenantLandlord may elect to terminate this Lease by giving written notice to Tenant of its election to so terminate, at Tenant’s sole costsuch notice to be given within thirty (30) days after the occurrence of such damage or destruction. If such damage or destruction cannot be substantially repaired or rebuilt within one hundred twenty (120) days of its occurrence, Tenant shall have the right to terminate this Lease. If sufficient insurance proceeds are made available to Landlord for the repair or reconstruction of the Leased Premises as herein provided, Tenant shall repair or replace Tenant’s its merchandise, trade fixtures, furnishings, equipment, plate glass, signs furnishings and personal property equipment in a manner and to at least a condition equal to that prior to the its damage or destruction thereofdestruction. Nothing herein shall be interpreted as requiring the Landlord to rebuild and restore the Centre under any circumstances. If the Tenant shall fail to adjust its own insurance or remove its damaged goods, wares, equipment or property within a reasonable time, and as a result thereof the repairing and restoration is delayed, there shall be no abatement of rental during the period of such resulting delay. Further, there shall be no abatement of rental if such fire or other cause damaging or destroying the Leased Premises shall result from the willful or gross negligent act of the Tenant. Notwithstanding anything contained herein to the contrary, Landlord shall have no obligation to rebuild or restore the Leased Premises at any time during the last year of the Lease Term, or the last year of any Option Term, or if an uninsured casualty occurs. If Landlord does not rebuild or restore during the last year of the Lease Term or last two (2) years of any option term, Tenant may terminate this Lease.

Reconstruction of Damaged Premises. In the event the Leased Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantablecasualty, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as hereinafter provided), a just and proportionate part of the fixed minimum rent rental and all other charges shall be abated in proportion to until the floor area Leased Premises are repaired. The obligation of the Premises rendered untenantable with a proportionate reduction in Minimum Gross Sales. Payment of full rental so abated shall commence and Tenant Landlord hereunder shall be obligated limited to reopen for business on reconstructing the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant opens at an earlier time in the damaged area or remains open in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s earlier reopening. Any amount expended by Landlord in repairing the Premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 of this Lease allocated to the Premises shall be repayable by Tenant to Landlord within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord shall reconstruct the Leased Premises in accordance with the working drawings originally approved by Landlord or (at Xxxxxxxx’s sole election) with new drawings prepared by Xxxxxx initial Plans and acceptable to Landlord Specifications for the construction of the Leased Premises and TenantTenant build outs under this Lease. In no event shall Landlord be required to repair or replace Tenant’s 's merchandise, trade fixtures, furnishings or equipment. Landlord may elect either to repair or rebuild the Leased Premises, plate glassor to terminate this Lease by giving written notice to Tenant of its election to so terminate, signs such notice to be given within sixty (60) days after the occurrence of such damage or personal propertydestruction. If Landlord repairs elects to repair or rebuildsrebuild the Leased Premises as herein provided, Tenant, at Tenant’s sole cost, Tenant shall repair or replace Tenant’s its merchandise, trade fixtures, furnishings, equipment, plate glass, signs furnishings and personal property equipment in a manner and to at least a condition equal to that prior to the its damage or destruction. Nothing herein shall be interpreted as requiring the Landlord to rebuild and restore the premises under any circumstances. Further, the decision of the Landlord shall be subject to the decision of the holders of the mortgage or mortgages on the Leased Premises which are superior to this Lease. In any event, should Landlord elect to rebuild and restore, its obligation to do so shall be limited to the amount of insurance proceeds which it receives in connection therewith. Notwithstanding anything herein to the contrary, within the first seven (7) years of the Term, if destruction thereofto the Leased Premises is less than seventy-five percent (75%) of the total space of the Leased Premises, Landlord shall rebuild to the extent of available insurance proceeds so long as Tenant is not in default under this Lease after the expiration of any notice and cure periods. Landlord also agrees to cause its lender to agree to these provisions in connection with Landlord's financing of the Leased Premises.

Reconstruction of Damaged Premises. (a) In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord pursuant to Section 11.02 of this Lease so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as hereinafter provided), whereupon the Minimum Annual Rental and to the minimum rent extent reimbursed from the proceeds of insurance carried by Landlord under Section 11.02, Additional Rent payable by Tenant to Landlord shall be abated in proportion to the floor area Floor Area of the Premises rendered untenantable with a proportionate reduction in Minimum Gross Salesuntenantable, and the Annual Breakpoint and Quarterly Breakpoint shall likewise be proportionately reduced. Payment of full rental Minimum Annual Rental and Additional Rent so abated shall commence and Tenant shall be obligated to reopen for business on the thirtieth (30th) day following the date that Landlord advises Tenant that the Premises are tenantabletenantable (which shall mean that Landlord shall have repaired, restored or reconstructed the Premises, including the leasehold improvements as defined in Exhibit B), unless Tenant opens at an earlier time in the damaged area or remains open following such damage or destruction. Tenant hereby waives the provisions of any statute or other law that may be in effect at the time of the occurrence of any such area following damage or destruction under which a lease is automatically terminated or damagepursuant to which a 18 tenant is given the right to terminate a lease by reason of such an event of damage or destruction. (b) Landlord shall be obligated to cause such repairs to be made unless Landlord, at is sale option, elects to cause Tenant to make such repairs to the leasehold improvements, in which event there Tenant shall promptly complete the same and Landlord will make available to Tenant for the sole purpose of reconstruction of Tenant's leasehold improvements such portion of any insurance proceeds received by Landlord from its insurance carrier under a policy carried pursuant to Section 11.02 of this Lease as may be allocated to the leasehold improvements of the Premises by Landlord, In the event of any such repairs, restoration and reconstruction by Tenant, an architect duly registered in the state where the Premises is located (if such registration is required by applicable code or governmental authorities) shall be no abatement selected and appointed by Tenant to prepare any necessary drawings and specifications and to supervise the work and direct the payment of such insurance proceeds. Such insurance proceeds shall be payable to Tenant only upon being provided certificates by said architect stating that the payments specified therein are properly payable for the purpose of reimbursing Tenant for the expenditures actually made by Tenant in connection with such work. At the election of Landlord or any Landlord's mortgagee, direct payments may be made to material suppliers and laborers upon written certification by said architect that such abatement payments are due and payable, In making such repairs, restoration or reconstruction, Tenant, at its expense, shall terminate as comply with all laws, ordinances and governmental rules and regulations and shall perform all work or cause such work to be performed with due diligence and in a first-class manner. All permits required in connection with said repairs, restoration and reconstruction shall be obtained by Tenant at Tenant's sole cost and expense. Any amount expended by Tenant in excess of such insurance proceeds received by Landlord and made available to Tenant shall be the date sole obligation of Tenant’s earlier reopening. Any . (c) In the event of repair, restoration or reconstruction by Landlord, any amount expended by Landlord in repairing the Premises in excess of the proceeds of insurance received by Landlord pursuant to Section 11.02 of this Lease which were allocated to the Premises shall be repayable by Tenant to Landlord within ten (10) days after receipt by Tenant from Landlord of a statement setting forth the amount of such excess. Landlord The party required hereunder to repair, restore or reconstruct the damage to the Premises shall reconstruct the such Premises in accordance with the working drawings Plans and Specifications originally approved by Landlord or (at Xxxxxxxx’s sole election) with new drawings prepared by Xxxxxx Tenant's architect at Tenant's sole cost and expense and acceptable to Landlord and Tenant, and shall otherwise comply with the criteria and procedures of Exhibit B unless Landlord elects otherwise. In no event shall Landlord be required to repair or replace Tenant’s 's merchandise, trade fixtures, furnishings or equipment, plate glass, signs or personal property. If Landlord repairs or rebuilds, Tenant, at Tenant’s sole cost, shall repair or replace Tenant’s merchandise, trade fixturessigns, furnishings, equipmentequipment or other items of personal property, plate glass, signs and personal property in but the same shall be repaired or replaced promptly to a manner and to condition at least a condition equal to that prior to the damage or destruction thereofthereof by Tenant.