Repair Obligation. If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or replace any Alterations or betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this Section 15, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all Alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease).
Repair Obligation. If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, commence to repair the Building and the Premises and shall proceed with reasonable diligence to restore the Building and Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any part of the furniture, equipment, fixtures, and other improvements which may have been placed by, or at the request of, Tenant or other occupants in the Building or the Premises, and Landlord's obligation to repair or restore the Building or Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question.
Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenant.
Repair Obligation. If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, , Landlord shall not be required to repair or replace any Alterations or betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building. If Landlord fails to complete repairs to the Premises within three hundred sixty-five (365) days after the date of the casualty, subject to force majeure delays, then Tenant shall have the right to terminate the Lease upon written notice delivered to Landlord at any time after such three hundred sixty-five (365) day period and prior to Landlord’s Substantial Completion of such repairs. If this Lease is terminated under the provisions of this Section 15, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all Alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease).
Repair Obligation. If Landlord is obligated to or elects to ----------------- repair or restore as herein provided, Landlord shall repair or restore only those portions of the Building and Premises which were originally provided at Landlord's expense; and the repair and restoration of areas or items not provided at Landlord's expense shall be the obligation of Tenant.
Repair Obligation. Subject to the terms and conditions of this Lease, Landlord shall maintain in good operating repair (which may be effected by Landlord’s replacement of worn-out items) and condition, reasonable wear and tear and damage by fire or casualty excepted, (i) the structural portions of the Building, (ii) the exterior wall of the Building, including glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems, serving to the perimeter of the Leased Premises (together with any base building equipment, if any, located within the Leased Premises that does not exclusively serve the Leased Premises), and (v) Common Areas, Building Common Areas and General Common Areas. Upon reasonable prior notice to Tenant (which may be given orally or in writing, except in the case of an emergency when no such notice shall be required, it being acknowledged that the reasonableness of such prior notice may take into account, among other things, the risk to persons or property, the potential adverse effect on other tenants, building systems, or common areas, and/or the visibility of the affected areas outside of the Leased Premises), Landlord shall have the right, but not the obligation, to undertake maintenance or repair work which Tenant is required to perform pursuant to Section 4.04 and which Tenant fails or refuses to perform in a timely and efficient manner; and all costs reasonably incurred by Landlord in performing any such repair for the account of Tenant that Tenant has so failed to perform shall be repaid by Tenant to Landlord upon demand, together with an amount equal to ten percent (10%) of such costs, to reimburse Landlord for its administration and managerial effort arising from Tenant’s failure to perform its repair obligations hereunder.
Repair Obligation. 8 TAXES............................................................................................................ 8
Repair Obligation. 16 (e) Abatement of Rent..............................................................................17
Repair Obligation. Developer, at its own cost, shall repair any damage to the Improvements in the Development caused by Developer or its parent, subsidiaries, or affiliates, or their respective employees, representatives, subcontractors or agents arising directly or indirectly out of or in connection with the construction of the Homes or other improvements on or to the vacant lots, in accordance with currently applicable ordinances, regulations, standards and specifications, or other requirements of the City in the particular circumstances of the Development herein specified (“Developer’s Repair Obligations”).
Repair Obligation. The Seller of the Sycamore Creek Property is currently in the process of repairing twelve (12) fire-damaged units at the Sycamore Creek Property. To the extent that such Seller has not completed such repairs by the Closing Date, then (a) the Seller of the Sycamore Creek Property shall have until March 31, 2009 (the “Sycamore Completion Date”) to complete such repairs, and (b) the Seller of the Sycamore Creek Property shall pay to Purchaser’s Designated Entity for Sycamore Creek the sum of Seven Thousand Six Hundred Dollars ($7,600.00) (the “Lost Rent Amount”), per month beginning on the later to occur of November 1, 2008 or the actual Closing Date for the Sycamore Creek Property, as revenue for “lost rents” for the down units, from the Closing Date until that date that is thirty (30) days after all the Certificates of Occupancy for such down units have been received by the Seller of the Sycamore Creek Property or Purchaser’s Designated Entity therefore. All repairs required by the Seller of the Sycamore Creek Property hereunder shall be completed in a good and workmanlike manner, shall return the Sycamore Creek Property to its condition prior to the damage, shall comply with all applicable zoning and building codes, and shall be at the Sycamore Creek Property Seller’s sole cost and expense. Upon completion of the repairs, the Sycamore Creek Seller shall assign to Purchaser all warranties, if any, held by such Seller with respect to the materials or labor used in performing the repairs.
