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 pursuant to this Lease, as to become partially or totally untenantable, subject to the requirements of any first mortgagee and to the terms of any first mortgage encumbering the Shopping Center and/or the Premises, the damage to the Premises shall be promptly repaired by Landlord, to the extent, however, of the proceeds received from such insurance, unless Landlord shall elect not to rebuild as hereinafter provided, and a just and proportionate part of Rent and Additional Rent shall be abated until so repaired. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial plans and specifications for the construction of the Premises. In no event shall Landlord be required to repair or replace Tenant's merchandise, trade fixtures, furnishings or equipment. If more than thirty-five (35%) percent of the Premises shall be damaged or destroyed by fire or other casualty, then Landlord may elect either to repair or rebuild the Premises or to terminate this Lease by giving written notice to Tenant of its election to so terminate, such notice to be given within ninety (90) days after the occurrence of such damage or destruction. If Landlord is required or elects to repair or rebuild the Premises as herein provided, Tenant shall repair or replace its merchandise, trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that prior to its damage or destruction.

Reconstruction of Damaged Premises. In the event (a) If the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord pursuant to this Leasecasualty, as to become partially or totally untenantable, subject to the requirements of any first mortgagee and to the terms of any first mortgage encumbering the Shopping Center and/or the Premises, then the damage to the Premises shall be promptly repaired by Landlord, to the extent, however, of the proceeds received from such insurance, Lessor (unless Landlord Lessor shall elect not to rebuild as hereinafter provided), and a just and proportionate part of Rent and Additional whereupon, until the damage is so repaired, the annual Minimum Rent shall be abated until so repaired. The obligation based on the extent to which such damage deprives Lessee of Landlord hereunder shall be limited to reconstructing or interferes with Lessee's reasonable use and enjoyment of the Premises in accordance with the initial plans and specifications for the construction of the Premisesor any portion thereof. In no event shall Landlord Lessor be required to repair or replace TenantLessee's merchandise, trade fixtures, furnishings or equipment. . (b) If (i) more than thirty-five percent (35%) percent of the Premises Floor Area of the Building in which the premises are located shall be damaged or destroyed by fire or other casualty, (ii) during the last three (3) years of the term hereof, more than fifteen percent (15%) of the Floor Area of the Premises or of the Building in which the Premises are located shall be damaged or destroyed by fire or other casualty, or (iii) all or any part of the Development or said Building or the Premises are damaged or destroyed at any time by the occurrence of any risk not fully insurable against under the standard form of fire and extended coverage insurance policy in use in Orange County, California, then Landlord Lessor may elect either to repair or rebuild restore the Premises or Building and/or Premises, as the case may be, or, at its sole option, to terminate this Lease by giving written notice to Tenant Lessee of its Lessor's election to so terminate, such notice to be given within ninety (90) days after the occurrence of such damage or destruction. If Landlord Lessor is required or elects to repair or rebuild the Premises as herein providedrestore, Tenant Lessee, at Lessee's sole cost, shall repair or replace its merchandiseLessee's leasehold improvements, trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that prior to its the damage or destructiondestruction thereof. During the making of such repairs and restoration by Lessor, the annual Minimum Rent shall be equitably abated based on the extent to which such damage or destruction deprives Lessee of the reasonable use and enjoyment of all or any portion of the Premises.

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 pursuant to this Lease, as to become partially or totally untenantable, subject to the requirements of any first mortgagee and to the terms of any first mortgage encumbering the Shopping Center and/or the PremisesCenter, the damage to the Premises shall be promptly repaired by Landlord, Landlord to the extent, however, of the proceeds received from such insurance, unless Landlord shall elect not to rebuild as hereinafter provided, and a just and proportionate part of Rent and Additional Rent shall be abated abated, and the minimum Gross Sales above which annual Percentage Rent is computed shall be reduced by the same proportion, until so repaired. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial plans and specifications for the construction of the Premises. In no event shall Landlord be required to repair or replace Tenant's merchandise, trade fixtures, furnishings or equipment. If more than thirty-five (35%) percent of the Premises or of the floor area of the building in which the Premises is 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 is 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 ninety one hundred twenty (90120) days after the occurrence of such damage or destruction. If Landlord is required or elects to repair or rebuild the Premises premises as herein provided, Tenant shall repair or replace its merchandise, trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that prior to its damage or destruction.

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 pursuant Standard Provisions shall apply. References in the Standard Provisions, Article 10, to this Lease, as to become partially or totally untenantable, subject to the requirements of any first mortgagee and to the terms of any first mortgage encumbering the Shopping Center and/or the Premises, the damage to the Premises "concession fees" shall be promptly repaired by Landlord, deemed for the purpose of this Lease to include the extent, however, Rental. Payment of the proceeds received from such insurance, unless Landlord shall elect not to rebuild as hereinafter provided, and a just and proportionate part of full Guaranteed Rent and Additional Rent Rent, as abated pursuant to the Standard Provisions (if any) shall commence, and Contractor shall be abated until so repaired. The obligation of Landlord hereunder shall be limited obligated to reconstructing reopen for business on the thirtieth (30th) day following the date that Airports Authority advises Contractor that the Premises are tenantable, unless Contractor opens at an earlier time or remains open following such damage or destruction. Contractor hereby waives the provisions of any statute or other law that may be in accordance with effect at the initial plans and specifications for the construction time of the Premisesoccurrence of any such damage or destruction under which a lease is automatically terminated or pursuant to which a Contractor is given the right to terminate a lease by reason of such an event of damage or destruction. Airports Authority shall have no obligation to make any repairs as the result of any damage or destruction except as provided in the Contract. In no event shall Landlord Airports Authority be required to repair or replace TenantContractor's merchandise, Fixed Improvements, Operating Equipment, trade fixtures, furnishings signs, furnishings, equipment or equipment. If more than thirty-five (35%) percent other items of personal property, but the Premises same shall be damaged repaired or destroyed by fire or other casualty, then Landlord may elect either replaced promptly to repair or rebuild the Premises or to terminate this Lease by giving written notice to Tenant of its election to so terminate, such notice to be given within ninety (90) days after the occurrence of such damage or destruction. If Landlord is required or elects to repair or rebuild the Premises as herein provided, Tenant shall repair or replace its merchandise, trade fixtures, furnishings and equipment in a manner and to condition at least a condition equal to that prior to its the damage or destructiondestruction thereof by Contractor at its cost and expense.