Common use of Repair and Restoration Clause in Contracts

Repair and Restoration. All casualty insurance payments for damage to the Building shall be used for the sole purpose of repairing, rebuilding and/or restoring the Building. From the date hereof and throughout the Initial Term, as it may be extended, if the Building is damaged or destroyed by fire or other casualty Tenant shall promptly rebuild and restore the Building to the extent of insurance proceeds and any deductible to its condition existing immediately prior to such fire or other casualty, provided that if Tenant reasonably estimates that it will take more than one hundred eighty (180) days from the date of damage to restore the Premises, or if the Building is damaged by an uninsured casualty Tenant, may elect to terminate this Lease upon thirty (30) days written notice to Landlord, given within thirty (30) days after such damage. Any such proceeds not required for such rebuilding or repairing shall be paid to and belong to Landlord. If the Lease is not so terminated, the Building shall be repaired in the manner and subject to the conditions provided for above and elsewhere in this Lease. If the conditions set forth above which enable Tenant to terminate this Lease occur during the last Lease Year, Landlord shall also have the right to terminate this Lease, unless Tenant, within twenty (20) days of receipt of Landlord's notice of termination, exercises the next remaining Option to Renew, if any.

Appears in 2 contracts

Samples: Real Property Lease (Esterline Technologies Corp), Real Property Lease (Esterline Technologies Corp)

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Repair and Restoration. All casualty insurance payments for damage to If the Building shall be used for the sole purpose of repairing, rebuilding and/or restoring the Building. From the date hereof and throughout the Initial Term, as it may be extended, if the Building is premises are damaged or destroyed by fire fire, or other casualty included in the standard extended coverage endorsement to fire insurance policies used in Maryland, Landlord shall, with reasonable diligence, but subject to delays in adjusting the insurance loss and excusable delays, repair the damage to (or replace) those parts of the premises and the facilities therein which were originally constructed and/or installed by Landlord. Tenant shall promptly rebuild with reasonable diligence repair the damage to (or replace) those parts of the premises and restore the Building to facilities therein which were originally constructed and/or installed by Tenant, and all other leasehold improvements made by Tenant. Notwithstanding the extent foregoing, if as a result of insurance proceeds and any deductible to its condition existing immediately prior to such fire casualty the premises is substantially destroyed, or other casualty, provided that if Tenant reasonably estimates that it will take more than one hundred eighty the building in which the premises are located is substantially destroyed or damaged (180) days from the date irrespective of damage to restore the Premisespremises), or if the Building is damaged then Landlord may, by an uninsured casualty Tenant, may elect to terminate this Lease upon thirty (30) days written notice to Landlord, given Tenant within thirty (30) days one month after such damage. Any such proceeds not required for such rebuilding or repairing shall be paid to and belong to Landlord. If the Lease is not so terminatedoccurrence, the Building shall be repaired in the manner and subject to the conditions provided for above and elsewhere in this Lease. If the conditions set forth above which enable Tenant to terminate this Lease occur during the last Lease Year, Landlord shall also have the right elect to terminate this Lease, unless in which event this Lease shall terminate on the date specified in such notice and all obligations of the parties hereunder shall be adjusted as of such date. Except as otherwise provided in this Section, this Lease shall not terminate as a result of any damage or destruction to the premises. If the premises are rendered untenantable, in whole or in part, because of such casualty, the minimum rent payable by Tenant shall axxxx proportionately to Tenant, within twenty (20) days ’s loss of receipt of Landlord's notice of termination, exercises use until the next remaining Option to Renew, if anydamage has been repaired.

Appears in 1 contract

Samples: Lease Agreement (Monro Muffler Brake Inc)

Repair and Restoration. All casualty insurance payments for damage to If during the Building term of this Lease any building or improvement on the Leased Premises or any part thereof shall be used for the sole purpose of repairing, rebuilding and/or restoring the Building. From the date hereof and throughout the Initial Term, as it may be extended, if the Building is damaged or destroyed by fire or other casualty casualty, Tenant shall, at its sole cost and expense, repair or restore the same according to the original plans thereof or to such modified plans as shall be previously approved in writing by Landlord pursuant to Section 8. If such damage or destruction occurs during the last eighteen (18) months of the Lease term Tenant shall promptly rebuild have no duty to repair or restore, and restore the Building if Tenant elects not to the extent of repair or restore, this Lease shall terminate, and Landlord shall receive all insurance proceeds that are attributable to those improvements that would become the property of the Landlord pursuant to Section 17. Such work of repair or restoration shall be commenced within one hundred twenty (120) days after the damage or loss occurs and any deductible to its condition existing immediately prior to such fire or other casualty, provided that if Tenant reasonably estimates that it will take more shall be completed with diligence but not longer than one hundred eighty (1801) days from year after such work is commenced, provided, however, that the date time for completion of damage to restore such repair and restoration shall be extended as appropriate in accordance with the Premisesprovisions of Section 21.15 below. If insurance proceeds provided for above shall be insufficient for the purpose of such restoration and repair, or if the Building casualty is damaged by an uninsured casualty Tenant, may elect to terminate this Lease upon thirty (30) days written notice to Landlord, given within thirty (30) days after such damage. Any such proceeds one not required for such rebuilding or repairing to be insured against, then Tenant shall be paid make up the deficiency out of its own funds. Tenant waives the provisions of Civil Code Sections 1932(2) and 1933(4) with respect to and belong to Landlord. If any destruction of the Lease is not so terminated, the Building shall be repaired in the manner and subject to the conditions provided for above and elsewhere in this Lease. If the conditions set forth above which enable Tenant to terminate this Lease occur during the last Lease Year, Landlord shall also have the right to terminate this Lease, unless Tenant, within twenty (20) days of receipt of Landlord's notice of termination, exercises the next remaining Option to Renew, if anyPremises.

Appears in 1 contract

Samples: Municipal Airport Property Lease

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Repair and Restoration. All casualty insurance payments for damage to If during the Building term of this Lease any building or improvement on the Leased Premises or any part thereof shall be used for the sole purpose of repairing, rebuilding and/or restoring the Building. From the date hereof and throughout the Initial Term, as it may be extended, if the Building is damaged or destroyed by fire or other casualty casualty, Tenant shall, at its sole cost and expense, repair or restore the same according to the original plans thereof or to such modified plans as shall be previously approved in writing by Landlord pursuant to Section 8. If such damage or destruction occurs during the last eighteen (18) months of the Lease term Tenant shall promptly rebuild have no duty to repair or restore, and restore the Building if Tenant elects not to the extent of repair or restore, this Lease shall terminate and Landlord shall receive all insurance proceeds that are attributable to those improvements that would become the property of the Landlord pursuant to Section 17. Such work of repair or restoration shall be commenced within one hundred twenty (120) days after the damage or loss occurs and any deductible to its condition existing immediately prior to such fire or other casualty, provided that if Tenant reasonably estimates that it will take more shall be completed with diligence but not longer than one hundred eighty (1801) days from year after such work is commenced, provided, however, that the date time for completion of damage to restore such repair and restoration shall be extended as appropriate in accordance with the Premisesprovisions of Section 21.15 below. If insurance proceeds provided for above shall be insufficient for the purpose of such restoration and repair, or if the Building casualty is damaged by an uninsured casualty Tenant, may elect to terminate this Lease upon thirty (30) days written notice to Landlord, given within thirty (30) days after such damage. Any such proceeds one not required for such rebuilding or repairing to be insured against, then Tenant shall be paid make up the deficiency out of its own funds. Tenant waives the provisions of Civil Code Sections 1932(2) and 1933(4) with respect to and belong to Landlord. If any destruction of the Lease is not so terminated, the Building shall be repaired in the manner and subject to the conditions provided for above and elsewhere in this Lease. If the conditions set forth above which enable Tenant to terminate this Lease occur during the last Lease Year, Landlord shall also have the right to terminate this Lease, unless Tenant, within twenty (20) days of receipt of Landlord's notice of termination, exercises the next remaining Option to Renew, if anyPremises.

Appears in 1 contract

Samples: Municipal Airport Property Lease

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