Common use of Repair by Landlord Clause in Contracts

Repair by Landlord. 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 determines that repair and restoration of the Demised Premises will require more than 180 days, Tenant shall have the option to terminate this Lease provided 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 elects to repair 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 Demised Premises prior to such destruction the cost of which shall not exceed the available insurance proceeds received by Landlord less the costs and expenses (including attorneys' fees), if any, incurred by Landlord in recovering such insurance proceeds ("Net Proceeds"). In the event Landlord elects to terminate the Lease, then Tenant shall be liable for rent only up to the time of such destruction of the 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 rent insurance policy. Tenant shall give Landlord notice of any fire and any accident, damage, dangerous or defective condition relating to the Demised Premises. Landlord shall have no responsibility to repair or replace any of Tenant's equipment, fixtures, furnishings or decorations and shall not be responsible for delays in settling insurance claims or repairing and restoring the Demised Premises.

Repair by Landlord. If the Demised Premises shall be partially destroyed or damaged or totally destroyed by fire or other casualty, casualty so as to become unusable for the business of TenantTenant in whole or in part, Landlord, at its option, may elect to either (a) repair and restore the Demised Premises, (b) direct Tenant to repair and restore the Premises, or (bc) terminate this LeaseLease on the terms hereinafter set forth. In the event a duly licensed contractor retained by Landlord determines that elects to require Tenant to repair and restoration restore the Premises, then Tenant shall repair and restore the Premises to a condition equal to the size, floor area and quality of the Demised Premises will require more than 180 days, Tenant shall have the option prior to terminate this Lease provided written notice thereof is received by Landlord within 10 days after notice to Tenant of the contractor's determinationsuch destruction. 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 elects to repair and restore the Demised Premises, then Landlord's ’s obligation hereunder shall be limited to repairing and restoring the Demised Premises similar in size, floor area and quality to the Demised Premises prior to such destruction destruction, the cost of which shall not exceed the available insurance proceeds received by Landlord less the costs and expenses (including attorneys' ’ fees), if any, incurred by Landlord in recovering such insurance proceeds ("“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, then Landlord shall be entitled to retain all of the 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 rent Minimum Rent and Additional Rent only up to the time of such destruction of the Demised PremisesPremises in the event Landlord elects to terminate the Lease. In the event Landlord elects to require Tenant to repair and restore the Demised Premises, Tenant then Tenant’s obligation to pay Minimum Rent or Additional Rent shall pay all amounts payable hereunder as rent or additional rent until completion of such continue throughout the repair and restoration. Landlord shall restoration of the Premises, with a credit to Tenant's ’s account each month with for the amount actually and not constructively received by Landlord each month from the Net Proceeds of the rent insurance policy. Tenant shall give Landlord notice of any fire and any accident, damage, dangerous or defective condition relating to the Demised Premises. Landlord shall have no responsibility to repair or replace any of Tenant's ’s equipment, fixtures, furnishings or decorations and shall not be responsible for delays in settling insurance claims or repairing and restoring the Demised Premises.

Repair by Landlord. If the Demised Premises shall be partially Except where Landlord 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 determines that repair and restoration of the Demised Premises will require more than 180 days, Tenant shall have the option elects to terminate this Lease provided written notice thereof is received by as hereinafter provided, 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 elects use reasonable diligence to repair and restore any casualty to 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 Building or Common Areas to the Demised Premises prior to such destruction the cost extent of which shall not exceed the available insurance proceeds received (or such proceeds as would have been so available had Landlord maintained the insurance required to be maintained by Landlord less the costs and expenses (including attorneys' feesunder this Lease), if any, incurred by Landlord in recovering such subject to delays and adjustment of insurance proceeds ("Net 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 elects 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 Leaseoccurrence of the casualty, then 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 liable responsible for rent only up such costs in accordance with customary construction funding disbursement procedures. The proceeds from any insurance paid by reason of damage to the time of such or destruction of the Demised Premises. In the event Landlord elects Project or any part thereof insured by Landlord, shall belong 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 rent insurance policybe paid to Landlord. Tenant shall give not be entitled to any compensation or damages from Landlord notice or Landlord's insurance provider for loss in the use of the whole or any fire and part of the Premises and/or any accident, inconvenience or annoyance by such damage, dangerous repair, reconstruction or defective condition relating to the Demised Premises. Landlord shall have no responsibility to repair or replace any of Tenant's equipment, fixtures, furnishings or decorations and shall not be responsible for delays in settling insurance claims or repairing and restoring the Demised Premisesrestoration.

Repair by Landlord. If Subject to the Demised Premises shall be partially or totally destroyed by fire or other casualtyprovisions of Paragraphs 13(a), so as to become unusable for the business of Tenant21 and 22, Landlord, at its optionown cost and expense, may elect agrees to either (a) repair and restore replace the Demised PremisesStructural Components and, or (b) terminate during the initial Term of this Lease. In , at the event request of Tenant (which request shall be based on the recommendation of a duly licensed contractor retained by Landlord determines reputable roofing consultant that repair and restoration replacement of the Demised Premises will require more than 180 daysroof is necessary) to replace the roof; provided, however, with respect to the roof replacement, such replacement shall take place during regular business hours and Tenant shall have the option to terminate this Lease provided written notice thereof is received by responsibility, at its cost and expense, of moving any of Tenant's equipment located on the roof as necessary for such roof replacement and Landlord within 10 days after notice 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, and Tenant shall pay any resulting increase in the cost of replacement of the contractorroof required by Tenant in order to minimize the interference with Tenant's determinationbusiness. In Notwithstanding anything in this Paragraph 13 to the event contrary, Landlord shall have the right to either repair or to require Tenant so exercises such optionto repair any damage to any portion of the Premises, this Lease shall terminate at the expiration Building and/or the Project, caused by or created due to any act, omission, negligence or willful misconduct of Tenant 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 such thirty-day period. In the event Tenant does not so exercise such option and damage; provided, however, that in the event Landlord elects to perform such repair and restore restoration work, Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection therewith; and further provided that the Demised Premises, then Landlord's obligation hereunder foregoing obligations of Tenant for such repairs or cost of repairs shall be limited to repairing and restoring the Demised Premises similar in size, floor area and quality to the Demised Premises prior to such destruction the cost any repairs or costs of which shall repairs not exceed the available covered by any net insurance proceeds received by Landlord less under any fire, extended coverage or "all risk" insurance policy which Landlord is obligated to maintain at Tenant's expense, . Landlord's obligation hereunder to repair and maintain is subject to the costs condition precedent that Landlord shall have received written notice of the need for such repairs and expenses (including attorneys' fees)maintenance and a reasonable time to perform such repair and maintenance. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, if any, and failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord in recovering such insurance proceeds ("Net Proceeds"). In the event Landlord elects to terminate the Lease, then Tenant shall be liable for rent only up to the time by reason of such destruction condition. If Landlord fails to reasonably act to perform its repair obligations of this Paragraph 13 (b) or to restore any existing utilities interrupted between the Demised Premises. In street and the event Landlord elects Building caused by Landlord's or any of its Agents' gross negligence or willful misconduct, and such failure materially affects Tenant's ability to repair use and restore occupy the Demised PremisesPremises for the purposes permitted herein, Tenant shall pay all amounts payable hereunder as rent or additional rent until completion 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 such repair and restoration. Landlord shall credit Tenant's account each month with the amount received repairs and/or maintenance to be completed by Landlord each month from the Net Proceeds of the rent insurance policy. Tenant shall give Landlord notice of any fire and any accidentis such that more than ten (10) business days are required to complete such repairs and/or maintenance, damage, dangerous or defective condition relating to the Demised Premises. Landlord shall have no responsibility such additional time as is reasonably necessary to repair or replace any 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 equipmentwritten demand therefor, fixturestogether 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 the expenses incurred by Tenant in performing such work, furnishings Landlord shall deliver a written notice of Landlord's 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 its claim that such repairs and/or maintenance were not required or decorations were not Landlord's obligations in the terms of this Lease and/or the reasons for Landlord's dispute of the expenses incurred by Tenant in performing such work. If Landlord and Tenant fail to resolve any such dispute within said thirty (30) day period, after Landlord has notified Tenant of Landlord's objections, the matter shall not be responsible for delays in settling insurance claims or repairing and restoring the Demised Premisesresolved by binding arbitration.

Repair by Landlord. If the Demised Premises shall be partially or totally destroyed damaged by fire or other casualtycasualty insured against by Landlord's fire and extended coverage insurance policy covering the Building, so and if Tenant shall give prompt notice to Landlord of such damage, Landlord shall repair such damage; provided however, that Landlord shall have no obligation to repair any damage to or to replace Tenant's Property, Approved Alterations (except as to become unusable for the business described below) or any other property or effects of Tenant, Landlord, at its option, may elect to either (a) repair Tenant and restore the Demised PremisesLandlord shall have no liability for, or (b) terminate this Lease. In the event a duly licensed contractor retained obligation to repair, water damage caused by Landlord determines that repair and restoration of the Demised Premises will require more than 180 dayssprinkler leakage, Tenant shall have the option to terminate this Lease blocked or burst pipes or otherwise; provided 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 optionfurther, 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 elects to repair and restore the Demised Premises, then Landlord's obligation hereunder to repair any damage to the Premises and the Approved Alterations shall be limited to repairing and restoring the Demised Premises similar in size, floor area and quality extent of the proceeds of any insurance policy carried by Landlord or Tenant which are disbursed to the Demised Landlord. Except as otherwise provided in this Section 12, if the entire Premises prior shall be rendered untenantable by reason of any such damage, the Basic Rent shall abatx xxx the period from the date of such damage to such destruction the cost of date when the Premises shall again be available for occupancy by Tenant, which date shall not exceed one hundred twenty (120) days from the available insurance proceeds received by Landlord less date of such damage and if the costs and expenses period of time does exceed this one hundred twenty (including attorneys' fees)120) days, if any, incurred by Landlord in recovering such insurance proceeds Tenant has the right to cancel this Lease with thirty ("Net Proceeds")30) days written notice to Landlord. In If only a part of the event Landlord elects to terminate the Lease, then Tenant Premises shall be liable for rent only up rendered untenantable, the Basic Rent shall abatx xxx such period in the proportion that the rentable area of the part of the Premises so rendered untenantable bears to the time of such destruction total rentable area of the 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 rent insurance policy. Tenant shall give Landlord notice of any fire and any accident, damage, dangerous or defective condition relating to the Demised Premises. Landlord shall have no responsibility to repair or replace any of Tenant's equipment, fixtures, furnishings or decorations and shall not be responsible for delays in settling insurance claims or repairing and restoring the Demised Premises.