Common use of Repair Obligations Clause in Contracts

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease pursuant to Section 12.1 or neither party is entitled to terminate this Lease on account of such casualty, then Landlord will repair and restore only such damage to the Building and reinstall the Base Building Work, with reasonable promptness, subject to delays for insurance adjustments and delays caused by Force Majeure, the Tenant and the Tenant Parties. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 11; Tenant agrees to repair, restore or replace such property as soon as is reasonably possible, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with its repair and restoration of such damage, Landlord may, in its reasonable discretion, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and Alterations required to be insured by Tenant according to Section 11. If Landlord makes such election, Tenant shall assign and Landlord will be entitled to all proceeds of the insurance policy described in Section 11 applicable to the leasehold improvements Landlord so elects to repair or restore, plus Tenant shall pay Landlord the amount of any deductible under the applicable insurance policy.

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease pursuant according to Section 12.1 or neither party is entitled to terminate this Lease on account of such casualty10.1, then Landlord will repair and restore only such damage to the Building with due diligence, reasonable promptness and reinstall the Base Building Work, with reasonable promptnessin a good and workmanlike manner, subject to force majeure, delays for insurance adjustments and delays caused by Force Majeurematters beyond Landlord’s control. Unless (i) Landlord was in breach of its obligations under Section 9.1 of this Agreement at the time of the damage; or (ii) the damage was caused in part by the negligence or willful misconduct of the Landlord and if as a result thereof Landlord does not receive all of the full replacement insurance proceeds, Landlord will not be required to spend more for such repair and restoration than the insurance proceeds available to Landlord as a result of the fire or other casualty other than the deductible under said policy; provided, however, that Landlord notifies Tenant promptly after Landlord learns that the insurance proceeds expected to be available to Landlord will not be sufficient for such repair and restoration, but no later than 170 days from the Tenant Partiesdate of such damage. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 11; Tenant agrees to repair, restore or replace such property as soon as is reasonably possible, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with its repair and restoration of such damage, Landlord may, in its reasonable discretion, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and Alterations required to be insured by Tenant according to Section 11. If Landlord makes such election, Tenant shall assign and Landlord will be entitled to all proceeds of the insurance policy described in Section 11 applicable to the leasehold improvements Landlord so elects to repair or restore, plus Tenant shall pay Landlord the amount of any deductible under the applicable insurance policy9.2.

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease pursuant to Section 12.1 or neither party is entitled to Tenant does not terminate this Lease on account of such casualtyaccording to Section 11.1, then Landlord will repair and restore only such damage to the Building and reinstall the Base Building Work, with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by Force Majeure, the Tenant and the Tenant Partiesmatters beyond Landlord’s control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 11; 10.1. Tenant agrees to repair, restore or replace such property replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.1 as soon as is reasonably possible, possible after the date of damage to at least the condition existing prior to its damage, using materials at least equal to Building standardcondition. However, in connection with its repair and restoration of such damage, Landlord may, in at its reasonable discretionoption, elect to repair and restore the damage, if any, caused to any or all of the such leasehold improvements and Alterations required to be insured by Tenant according to Section 11Tenant. If Landlord makes such election, Tenant shall assign and Landlord will be entitled to all proceeds of the insurance policy described in Section 11 9.1 applicable to the leasehold improvements Landlord so elects to repair or restore, plus Tenant shall pay Landlord the amount restore and may limit its repair or restoration of any deductible under the applicable insurance policysuch leasehold improvements to that which may be paid for in full by such proceeds.

Repair Obligations. If the Premises Building or the Building Premises are damaged by fire or other casualty and neither party terminates this Lease pursuant according to Section 12.1 or neither party is entitled to terminate this Lease on account of such casualty14.1, then Landlord will repair and restore only such damage with reasonable promptness to the Building and reinstall condition existing prior to the Base Building Work, with reasonable promptnessdamage or better, subject to delays for insurance adjustments and delays caused by Force Majeureforce majeure (as described in Section 29 below). However, Landlord will not be required to spend more for such repair and restoration than the insurance proceeds available to Landlord as a result of the fire or other casualty. To the extent Tenant is responsible for insuring Tenant’s furniture and equipment, Tenant agrees, promptly upon notice from Landlord that Landlord is repairing the Tenant PartiesPremises, to file such claims necessary to reopen Tenant’s business within 20 days after the completion of Landlord’s repairs. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such Landlord’s repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 11; Tenant agrees to repair, restore or replace such property as soon as is reasonably possible, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with its repair and restoration of such damage, Landlord may, in its reasonable discretion, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and Alterations required to be insured by Tenant according to Section 11. If Landlord makes such election, Tenant shall assign and Landlord will be entitled to all proceeds of the insurance policy described in Section 11 applicable to the leasehold improvements Landlord so elects to repair or restore, plus Tenant shall pay Landlord the amount of any deductible under the applicable insurance policy.to

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease pursuant according to Section 12.1 or neither party is entitled to terminate this Lease on account of such casualty12.1, then Landlord will repair and restore only such damage to the Building and reinstall the Base Building Work, with reasonable promptness, subject to delays for insurance adjustments and delays caused by Force Majeure, the Tenant and the Tenant Partiesmatters beyond Landlord's control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. Notwithstanding anything to the contrary contained herein, if such repair or restoration work is not completed by Landlord within 180 days from the date of such damage, Tenant shall have the right to terminate this Lease. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 1111.2; Tenant agrees to repair, restore or replace such property as soon as is reasonably possiblepossible after the date of damage, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with its repair and restoration of such damage, Landlord may, in at its reasonable discretionoption, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and Alterations required to be insured by Tenant according to Section 1111.2(b). If Landlord makes such election, Tenant shall assign and Landlord will be entitled to all those proceeds of the insurance policy described in Section 11 applicable 11.2(b) required to the complete those leasehold improvements which Landlord so elects to repair or restore, plus Tenant shall pay Landlord the amount of any deductible under the applicable insurance policy.

Repair Obligations. If the Premises or the Building Improvements are damaged by fire or other casualty and neither party terminates this Lease pursuant according to Section 12.1 or neither party is entitled to terminate this Lease on account of such casualty11.1, then Landlord will repair and restore only such damage to the Building and reinstall the Base Building Work, with reasonable promptness, subject to delays for insurance adjustments and delays caused by Force Majeure, the Tenant and the Tenant Partiesmatters beyond Landlord's control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completioncompletion and provided further that, if Landlord fails to complete such repairs and restoration within 270 days after the date of the damage, Tenant may terminate this Lease by notice given to Landlord within 20 days after the expiration of such 270-day period. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 118.2; however, if Tenant agrees to repairand Landlord so agree, restore or replace such property as soon as is reasonably possible, to at least the condition existing prior to its damage, using materials at least equal to Building standard. HoweverLandlord will, in connection with its repair and restoration of such damage, Landlord may, in its reasonable discretion, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and Alterations alterations required to be insured by Tenant according to Section 118.2(b). If Landlord makes In such electionevent, Tenant shall assign and Landlord will be entitled to all proceeds of the insurance policy described in Section 11 8.2(b) applicable to the leasehold improvements alterations that Landlord so elects to will repair or restore, plus Tenant shall pay Landlord the amount of any deductible under the applicable insurance policy.