Common use of Repair by Landlord Clause in Contracts

Repair by Landlord. Except where Landlord or Tenant elects to terminate this Lease as hereinafter provided, Landlord shall use reasonable diligence to repair any casualty to the Premises, Building or Common Areas to the extent of available insurance proceeds (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained by Landlord under this Lease), subject to delays and adjustment of insurance proceeds (provided that Tenant shall be responsible for the repair of Tenant's furniture, fixtures, equipment and personal property). In the event of the total destruction of the Premises or Project, or in the event of the partial destruction of the Premises or Project which is the result of an event not required to be covered by the insurance to be maintained by Landlord pursuant to this Lease and the costs of repair of which exceed five percent (5%) of the replacement cost of the Building, or requiring repair for which Landlord is unable (despite the exercise of commercially reasonable efforts) to obtain necessary governmental permits or approvals without being subject to unreasonable expense or condition, then Landlord shall have the right to elect to terminate this Lease by written notice to Tenant delivered within ninety (90) days following the occurrence of the casualty, unless (in the case of uninsured casualty damage) Tenant elects by written notice delivered to Landlord within twenty (20) days following Landlord's election to so terminate, to pay the amount by which Landlord's costs of repair of the Building not covered by Landlord's insurance exceed five percent (5%) of the replacement cost of the Building, in which case Landlord's election to terminate shall be nullified and Tenant shall be responsible for such costs in accordance with customary construction funding disbursement procedures. The proceeds from any insurance paid by reason of damage to or destruction of the Project or any part thereof insured by Landlord, shall belong to and be paid to Landlord. Tenant shall not be entitled to any compensation or damages from Landlord or Landlord's insurance provider for loss in the use of the whole or any part of the Premises and/or any inconvenience or annoyance by such damage, repair, reconstruction or restoration.

Repair by Landlord. Except where If the Premises shall be damaged by fire or other casualty insured against by Landlord's fire and extended coverage insurance policy covering the Building, and if Tenant shall give prompt notice to Landlord or Tenant elects to terminate this Lease as hereinafter providedof such damage, Landlord shall use reasonable diligence repair such damage; provided however, that Landlord shall have no obligation to repair any casualty damage to or to replace Tenant's Property, Approved Alterations (except as described below) or any other property or effects of Tenant and Landlord shall have no liability for, or obligation to repair, water damage caused by sprinkler leakage, blocked or burst pipes or otherwise; provided further, Landlord's obligation to repair any damage to the Premises, Building or Common Areas Premises and the Approved Alterations shall be limited to the extent of available the proceeds of any insurance proceeds (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained policy carried by Landlord under or Tenant which are disbursed to the Landlord. Except as otherwise provided in this Lease)Section 12, subject to delays and adjustment of insurance proceeds (provided that Tenant if the entire Premises shall be responsible for rendered untenantable by reason of any such damage, the repair Basic Rent shall abatx xxx the period from the date of Tenant's furniture, fixtures, equipment and personal property). In such damage to the event of the total destruction of date when the Premises or Projectshall again be available for occupancy by Tenant, or in which date shall not exceed one hundred twenty (120) days from the event date of such damage and if the partial destruction period of the Premises or Project which is the result of an event not required to be covered by the insurance to be maintained by Landlord pursuant to time does exceed this Lease and the costs of repair of which exceed five percent one hundred twenty (5%120) of the replacement cost of the Buildingdays, or requiring repair for which Landlord is unable (despite the exercise of commercially reasonable efforts) to obtain necessary governmental permits or approvals without being subject to unreasonable expense or condition, then Landlord shall have Tenant has the right to elect to terminate cancel this Lease by with thirty (30) days written notice to Tenant delivered within ninety (90) days following the occurrence of the casualty, unless (in the case of uninsured casualty damage) Tenant elects by written notice delivered to Landlord within twenty (20) days following Landlord's election to so terminate, to pay the amount by which Landlord's costs of repair of the Building not covered by Landlord's insurance exceed five percent (5%) of the replacement cost of the Building, in which case Landlord's election to terminate shall be nullified and Tenant shall be responsible for such costs in accordance with customary construction funding disbursement procedures. The proceeds from any insurance paid by reason of damage to or destruction of the Project or any part thereof insured by Landlord, shall belong to and be paid to Landlord. Tenant shall not be entitled to any compensation or damages from Landlord or Landlord's insurance provider for loss in the use of the whole or any If only a part of the Premises and/or any inconvenience or annoyance by shall be rendered untenantable, the Basic Rent shall abatx xxx such damage, repair, reconstruction or restorationperiod in the proportion that the rentable area of the part of the Premises so rendered untenantable bears to the total rentable area of the Premises.

Repair by Landlord. Except where Landlord If the Premises shall be partially destroyed or damaged or totally destroyed by fire or other casualty so as to become unusable for the business of Tenant elects in whole or in part, Landlord, at its option, may elect to either (a) repair and restore the Premises, (b) direct Tenant to repair and restore the Premises, or (c) terminate this Lease as on the terms hereinafter provided, set forth. In the event Landlord shall use reasonable diligence elects to require Tenant to repair any casualty to and restore the Premises, Building or Common Areas then Tenant shall repair and restore the Premises to a condition equal to the extent size, floor area and quality of the Premises prior to such destruction. In the event Landlord elects to repair and restore the Premises, then Landlord’s obligation hereunder shall be limited to repairing and restoring the Premises similar in size, floor area and quality to the Premises prior to such destruction, the cost of which shall not exceed the available insurance proceeds (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained received by Landlord under this Leaseless the costs and expenses (including attorneys’ fees), subject to delays and adjustment of if any, incurred by Landlord in recovering such insurance proceeds (provided that Tenant shall be responsible for the repair of Tenant's furniture, fixtures, equipment and personal property“Net Proceeds”). In the event Tenant has not insured the Premises in accordance with the provisions of this Article, Tenant shall pay Landlord the amount of any such shortfall between the Net Proceeds and the actual cost of repairing and restoring the Premises. In the event Landlord elects to terminate the Lease, Landlord shall be entitled to retain all of the total proceeds of the Fire Insurance and Tenant irrevocably appoints Landlord as Tenant’s attorney-in-fact to sign all documents necessary in order for Landlord to receive the Fire Insurance proceeds from the insurance carrier. Tenant shall be liable for Minimum Rent and Additional Rent only up to the time of such destruction of the Premises or Project, or in the event Landlord elects to terminate the Lease. In the event Landlord elects to require Tenant to repair and restore the Premises, then Tenant’s obligation to pay Minimum Rent or Additional Rent shall continue throughout the repair and restoration of the partial destruction Premises, with a credit to Tenant’s account each month for the amount actually and not constructively received by Landlord each month from the Net Proceeds of the Premises rent insurance policy. Tenant shall give Landlord notice of any fire and any accident, damage, dangerous or Project which is defective condition relating to the result of an event not required to be covered by the insurance to be maintained by Landlord pursuant to this Lease and the costs of repair of which exceed five percent (5%) of the replacement cost of the Building, or requiring repair for which Landlord is unable (despite the exercise of commercially reasonable efforts) to obtain necessary governmental permits or approvals without being subject to unreasonable expense or condition, then Premises. Landlord shall have the right no responsibility to elect to terminate this Lease by written notice to Tenant delivered within ninety (90) days following the occurrence repair or replace any of the casualtyTenant’s equipment, unless (in the case of uninsured casualty damage) Tenant elects by written notice delivered to Landlord within twenty (20) days following Landlord's election to so terminatefixtures, to pay the amount by which Landlord's costs of repair of the Building furnishings or decorations and shall not covered by Landlord's insurance exceed five percent (5%) of the replacement cost of the Building, in which case Landlord's election to terminate shall be nullified and Tenant shall be responsible for such costs delays in accordance with customary construction funding disbursement procedures. The proceeds from any settling insurance paid by reason of damage to claims or destruction of repairing and restoring the Project or any part thereof insured by Landlord, shall belong to and be paid to Landlord. Tenant shall not be entitled to any compensation or damages from Landlord or Landlord's insurance provider for loss in the use of the whole or any part of the Premises and/or any inconvenience or annoyance by such damage, repair, reconstruction or restorationPremises.

Repair by Landlord. Except where If the Demised Premises shall be partially or totally destroyed by fire or other casualty, so as to become unusable for the business of Tenant, Landlord, at its option, may elect to either (a) repair and restore the Demised Premises, or (b) terminate this Lease. In the event a duly licensed contractor retained by Landlord or determines that repair and restoration of the Demised Premises will require more than 180 days, Tenant elects shall have the option to terminate this Lease as hereinafter providedprovided written notice thereof is received by Landlord within 10 days after notice to Tenant of the contractor's determination. In the event Tenant so exercises such option, this Lease shall terminate at the expiration of such thirty-day period. In the event Tenant does not so exercise such option and in the event Landlord shall use reasonable diligence elects to repair any casualty and restore the Demised Premises, then Landlord's obligation hereunder shall be limited to repairing and restoring the Demised Premises similar in size, floor area and quality to the Premises, Building or Common Areas Demised Premises prior to such destruction the extent cost of which shall not exceed the available insurance proceeds (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained received by Landlord under this Leaseless the costs and expenses (including attorneys' fees), subject to delays and adjustment of if any, incurred by Landlord in recovering such insurance proceeds (provided that Tenant shall be responsible for the repair of Tenant's furniture, fixtures, equipment and personal property"Net Proceeds"). In the event Landlord elects to terminate the Lease, then Tenant shall be liable for rent only up to the time of the total such destruction of the Premises or Project, or in Demised Premises. In the event Landlord elects to repair and restore the Demised Premises, Tenant shall pay all amounts payable hereunder as rent or additional rent until completion of such repair and restoration. Landlord shall credit Tenant's account each month with the amount received by Landlord each month from the Net Proceeds of the partial destruction rent insurance policy. Tenant shall give Landlord notice of any fire and any accident, damage, dangerous or defective condition relating to the Premises or Project which is the result of an event not required to be covered by the insurance to be maintained by Landlord pursuant to this Lease and the costs of repair of which exceed five percent (5%) of the replacement cost of the Building, or requiring repair for which Landlord is unable (despite the exercise of commercially reasonable efforts) to obtain necessary governmental permits or approvals without being subject to unreasonable expense or condition, then Demised Premises. Landlord shall have the right no responsibility to elect to terminate this Lease by written notice to Tenant delivered within ninety (90) days following the occurrence repair or replace any of the casualtyTenant's equipment, unless (in the case of uninsured casualty damage) Tenant elects by written notice delivered to Landlord within twenty (20) days following Landlord's election to so terminatefixtures, to pay the amount by which Landlord's costs of repair of the Building furnishings or decorations and shall not covered by Landlord's insurance exceed five percent (5%) of the replacement cost of the Building, in which case Landlord's election to terminate shall be nullified and Tenant shall be responsible for such costs delays in accordance with customary construction funding disbursement procedures. The proceeds from any settling insurance paid by reason of damage to claims or destruction of repairing and restoring the Project or any part thereof insured by Landlord, shall belong to and be paid to Landlord. Tenant shall not be entitled to any compensation or damages from Landlord or Landlord's insurance provider for loss in the use of the whole or any part of the Premises and/or any inconvenience or annoyance by such damage, repair, reconstruction or restorationDemised Premises.

Repair by Landlord. Except where Landlord or Tenant elects to terminate this Lease as hereinafter provided, Landlord shall use reasonable diligence to repair any casualty to the Premises, Building or Common Areas to the extent of available insurance proceeds (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained by Landlord under this Lease), subject to delays and adjustment of insurance proceeds (provided that Tenant shall be responsible for the repair of Tenant's furniture, fixtures, equipment and personal property)10.3.1. In the event Landlord either shall elect to repair or is required to repair under Section 10.1 the Project, Building or the Premises (or any combination thereof) after any of the total destruction or damage described in Section 10.1, the destruction or damage shall be repaired by and at the expense of the Premises or ProjectLandlord (except as provided in Section 10.3.2 below), or in the event of the partial destruction of the Premises or Project which is the result of an event not required to be covered by the insurance to be maintained by Landlord pursuant to this Lease shall continue in full force and the costs of repair of which exceed five percent (5%) of the replacement cost of the Buildingeffect and, or requiring repair for which Landlord is unable (despite the exercise of commercially reasonable efforts) to obtain necessary governmental permits or approvals without being subject to unreasonable expense or condition, then Landlord shall have the right to elect to terminate this Lease by written notice to Tenant delivered within ninety (90) days following the occurrence of the casualty, unless (in the case of uninsured casualty damage) Tenant elects by written notice delivered to Landlord within twenty (20) days following Landlord's election to so terminate, to pay the amount by which Landlord's costs of repair of the Building not covered by Landlord's insurance exceed five percent (5%) of the replacement cost of the Building, in which case Landlord's election to terminate until such repairs shall be nullified completed, the Base Annual Rent and Tenant Tenant's Share of Taxes and Operating Costs shall be responsible for such costs in accordance with customary construction funding disbursement procedures. The proceeds from any insurance paid by reason of damage apportioned according to or destruction of the Project or any part thereof insured by Landlord, shall belong to and be paid to Landlord. Tenant shall not be entitled to any compensation or damages from Landlord or Landlord's insurance provider for loss in the use of the whole or any part of the Premises and/or which is tenantable or used by Tenant; provided however, to the extent such partial damage is due to the fault or neglect of Tenant or Tenant's agents, employees, contractors, licensees, visitors, guests or invitees, then there shall be no apportionment or abatement of Base Annual Rent or Tenant's share of Taxes and Operating Costs, unless Landlord is reimbursed for such abatement of Base Annual Rent and Taxes and Operating Costs pursuant to any inconvenience or annoyance by such damagerental insurance policies that Landlord may, in its sole discretion, elect to carry. 10.3.2. Notwithstanding anything contained in this Article 10 to the contrary, in no event shall Landlord be required to spend for any repair, replacement or reconstruction of the Premises, the Building or restorationthe Project an amount greater than the sum of (i) the insurance proceeds (less any costs of collection thereof) actually received by Landlord as a result of the fire or other casualty causing such loss, damage or destruction plus (ii) any portion of the deductible amount under such policy which has been collected as a portion of Operating Costs. In no event shall Landlord be required to replace Alterations to the Premises made by Tenant. No liability of Landlord shall accrue for delay which may arise by reason of adjustment of insurance on the part of Landlord or Tenant, for delay on account of labor disputes, or any other cause beyond Landlord's reasonable control.

Repair by Landlord. Except where Landlord or Subject to the provisions of Paragraphs 13(a), 21 and 22, Landlord, at its own cost and expense, agrees to repair and replace the Structural Components and, during the initial Term of this Lease, at the request of Tenant elects (which request shall be based on the recommendation of a reputable roofing consultant that replacement of the roof is necessary) to terminate this Lease as hereinafter replace the roof; provided, Landlord shall use reasonable diligence to repair any casualty however, with respect to the Premisesroof replacement, Building or Common Areas to the extent of available insurance proceeds (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained by Landlord under this Lease), subject to delays replacement shall take place during regular business hours and adjustment of insurance proceeds (provided that Tenant shall be responsible for have the repair responsibility, at its cost and expense, of moving any of Tenant's furnitureequipment located on the roof as necessary for such roof replacement and Landlord shall have no liability to Tenant as a result of any interference with Tenant's business as a result of such roof replacement or movement of such equipment; further provided that Landlord shall reasonably cooperate with Tenant to minimize any interference with Tenant's business during such replacement, fixtures, equipment and personal property). In Tenant shall pay any resulting increase in the event cost of replacement of the total destruction of roof required by Tenant in order to minimize the Premises or Projectinterference with Tenant's business. Notwithstanding anything in this Paragraph 13 to the contrary, or in the event of the partial destruction of the Premises or Project which is the result of an event not required to be covered by the insurance to be maintained by Landlord pursuant to this Lease and the costs of repair of which exceed five percent (5%) of the replacement cost of the Building, or requiring repair for which Landlord is unable (despite the exercise of commercially reasonable efforts) to obtain necessary governmental permits or approvals without being subject to unreasonable expense or condition, then Landlord shall have the right to elect either repair or to terminate this Lease require Tenant to repair any damage to any portion of the Premises, the Building and/or the Project, caused by written notice or created due to any act, omission, negligence or willful misconduct of Tenant delivered within ninety (90) days following or Tenant's Agents, and require Tenant to restore the Premises, the Building and/or the Project, as applicable, to the condition existing prior to the occurrence of the casualtysuch damage; provided, unless (however, that in the case event Landlord elects to perform such repair and restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith; and further provided that the foregoing obligations of uninsured casualty damage) Tenant elects by written notice delivered for such repairs or cost of repairs shall be limited to Landlord within twenty (20) days following Landlord's election to so terminate, to pay the amount by which Landlord's any repairs or costs of repair of the Building repairs not covered by any net insurance proceeds received by Landlord under any fire, extended coverage or "all risk" insurance policy which Landlord is obligated to maintain at Tenant's expense, . Landlord's insurance exceed five percent (5%) obligation hereunder to repair and maintain is subject to the condition precedent that Landlord shall have received written notice of the replacement cost of the Building, in which case Landlord's election need for such repairs and maintenance and a reasonable time to terminate shall be nullified perform such repair and maintenance. Tenant shall be promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible to Landlord for such costs in accordance with customary construction funding disbursement procedures. The proceeds from any insurance paid liability incurred by Landlord by reason of damage such condition. If Landlord fails to reasonably act to perform its repair obligations of this Paragraph 13 (b) or destruction to restore any existing utilities interrupted between the street and the Building caused by Landlord's or any of its Agents' gross negligence or willful misconduct, and such failure materially affects Tenant's ability to use and occupy the Premises for the purposes permitted herein, Tenant shall have the right, but not the obligation, to perform such repairs and/or maintenance if such failure continues for more than ten (10) business days after written notice from Tenant; provided, however, that if the nature of the Project repairs and/or maintenance to be completed by Landlord is such that more than ten (10) business days are required to complete such repairs and/or maintenance, Landlord shall have such additional time as is reasonably necessary to complete such repairs and/or maintenance and thereafter diligently pursue such repairs and/or maintenance to completion. In such event, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs and/or maintenance within thirty (30) days after receipt of Tenant's written demand therefor, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs and/or maintenance permitted herein shall be performed in a good and workmanlike manner by licensed contractors. If Landlord objects to the repairs and/or maintenance performed or any part thereof insured the expenses incurred by LandlordTenant in performing such work, Landlord shall belong to and be paid to Landlord. Tenant shall not be entitled to any compensation or damages from Landlord or deliver a written notice of Landlord's insurance provider objection to Tenant within thirty (30) days after Landlord's receipt of Tenant's invoice evidencing the expenses incurred by Tenant. Landlord's notice shall set forth in reasonable detail Landlord's reasons for loss its claim that such repairs and/or maintenance were not required or were not Landlord's obligations in the use terms of this Lease and/or the reasons for Landlord's dispute of the whole or expenses incurred by Tenant in performing such work. If Landlord and Tenant fail to resolve any part such dispute within said thirty (30) day period, after Landlord has notified Tenant of Landlord's objections, the Premises and/or any inconvenience or annoyance matter shall be resolved by such damage, repair, reconstruction or restorationbinding arbitration.