Common use of Repair Obligations Clause in Contracts

Repair Obligations. In the event the Leased Premises or the improvements thereon are damaged or destroyed by fire or other casualty and subject to the Leasehold Mortgagee (as defined in Article 22), if any, making any insurance proceeds available to Tenant (which Tenant shall diligently pursue with the Leasehold Mortgagee using Tenant's reasonable efforts), Tenant shall promptly and with reasonable diligence and in no event later than one hundred eighty (180) days after such fire or other casualty, commence to repair, rebuild and restore such to substantially the same condition in which they were immediately prior to the happening of such casualty (the "Restoration Work"), and continue with due diligence until completion thereof. Rent and all other amounts payable to Landlord shall not be abated or reduced as a result of fire or other casualty. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not execute a Leasehold Mortgage (as defined in Article 22) of its interest in this Lease with any Leasehold Mortgagee unless such Leasehold Mortgage (i) provides that the Leasehold Mortgagee shall make all insurance proceeds available to Tenant for repair, rebuilding and/or restoration provided that Tenant is not then in default of its Leasehold Mortgage and (ii) provides that in the event that such Leasehold Mortgagee elects, pursuant to its rights under such Leasehold Mortgage, not to make insurance proceeds available for the restoration, repair or rebuilding of the improvements on the Leased Premises, then such Leasehold Mortgage shall provide that before the Leasehold Mortgage applies any such insurance proceeds against its loan balance, the Leasehold Mortgagee shall first use such portion or all such insurance proceeds as may be necessary to demolish and remove the remaining portion of the improvements from the Leased Premises to return the Leased Premises to essentially the condition that existed on the date hereof. If Tenant shall fail or refuse to commence the Restoration Work as provided above, Landlord may, at its option, (A) terminate this Lease, or (B) raze (or cause to be razed) any improvements on the Leased Premises, rough grade (or cause to be rough graded) the land on which the improvements had been built and restore (or cause to be restored) the cleared area to either a hard surface condition or a landscaped condition until a replacement building is erected, if ever, in accordance with the terms of this lease. Tenant shall reimburse Landlord for any costs associated with (b) above within thirty (30) days after Landlord's demand for payment thereof. In addition to all rights to terminate this Lease granted to the parties in this Section, if the Leased Premises (or improvements thereon) are destroyed or damaged during the last two (2) years of the Term to the extent that the cost to repair and restore the same is fifty percent (50% ) or more of the value of the Leased Premises immediately prior to such damage or destruction, then Tenant shall have the right to terminate this Lease as of the date of such damage or destruction by giving written notice thereof within thirty (30) days after the date of said damage or destruction. If this Lease shall be terminated pursuant to this Subsection, any annual minimum rental and other charges paid in advance shall be immediately refunded to Tenant.

Repair Obligations. In If the event the Leased Premises or the improvements thereon Building are damaged or destroyed by fire or other casualty and neither party terminates this Lease according to Section 12.1, Landlord shall be required to restore the Building and Premises to their condition prior to such destruction or damage, with reasonable promptness, subject to the Leasehold Mortgagee (as defined in Article 22), if any, making any delays for insurance proceeds available adjustments and delays caused by matters beyond Landlord's control. Landlord will have no liability to Tenant (which and Tenant shall 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 pursue with pursues such repairs and restoration to completion. Notwithstanding what is set forth herein, Tenant may terminate this Lease if Landlord fails to repair the Leasehold Mortgagee using Premises or any portion of the Building necessary for Tenant's occupancy within 270 days from the date of casualty, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's reasonable efforts)control, then Tenant may terminate the Lease by written notice to Landlord. which notice shall promptly and with reasonable diligence and in be delivered to Landlord no event later than one hundred eighty fifteen (18015) days after the date that such fire or other casualtyrepairs should have been completed pursuant to the terms of the previous sentence, commence and then, unless such repairs have been completed the Lease will terminate thirty (30) days after Landlord's receipt of such notice. In no event will Landlord be obligated to repair, rebuild and restore or replace any of the property required to be insured by Tenant according to Section 11.2; Tenant agrees to repair, restore or replace such property as soon as possible after the date of damage, to substantially at least the same condition in which they were immediately existing prior to the happening its damage, using materials at least equal to Building standard. However, in connection with its repair and restoration of such casualty (the "Restoration Work"), and continue with due diligence until completion thereof. Rent and all other amounts payable to Landlord shall not be abated or reduced as a result of fire or other casualty. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not execute a Leasehold Mortgage (as defined in Article 22) of its interest in this Lease with any Leasehold Mortgagee unless such Leasehold Mortgage (i) provides that the Leasehold Mortgagee shall make all insurance proceeds available to Tenant for repair, rebuilding and/or restoration provided that Tenant is not then in default of its Leasehold Mortgage and (ii) provides that in the event that such Leasehold Mortgagee elects, pursuant to its rights under such Leasehold Mortgage, not to make insurance proceeds available for the restoration, repair or rebuilding of the improvements on the Leased Premises, then such Leasehold Mortgage shall provide that before the Leasehold Mortgage applies any such insurance proceeds against its loan balance, the Leasehold Mortgagee shall first use such portion or all such insurance proceeds as may be necessary to demolish and remove the remaining portion of the improvements from the Leased Premises to return the Leased Premises to essentially the condition that existed on the date hereof. If Tenant shall fail or refuse to commence the Restoration Work as provided abovedamage, Landlord may, at its option, (A) terminate this Lease, or (B) raze (or cause to be razed) any improvements on the Leased Premises, rough grade (or cause to be rough graded) the land on which the improvements had been built and restore (or cause to be restored) the cleared area to either a hard surface condition or a landscaped condition until a replacement building is erected, if ever, in accordance with the terms of this lease. Tenant shall reimburse Landlord for any costs associated with (b) above within thirty (30) days after Landlord's demand for payment thereof. In addition to all rights to terminate this Lease granted to the parties in this Section, if the Leased Premises (or improvements thereon) are destroyed or damaged during the last two (2) years of the Term to the extent that the cost elect to repair and restore the same is fifty percent (50% ) or more damage, if any, caused to all of the value leasehold improvements required to be insured by Tenant according to Section 11.2(b). If Landlord makes such election, Landlord will be entitled to all proceeds of the Leased Premises immediately prior insurance policy described in Section 11.2(b) applicable to such damage the leasehold improvements Landlord so elects to repair or destruction, then Tenant shall have the right to terminate this Lease as of the date of such damage or destruction by giving written notice thereof within thirty (30) days after the date of said damage or destruction. If this Lease shall be terminated pursuant to this Subsection, any annual minimum rental and other charges paid in advance shall be immediately refunded to Tenantrestore.

Repair Obligations. In the event the Leased Premises or the improvements thereon are damaged or destroyed by fire or other casualty and subject to the Leasehold Mortgagee (as defined in Article 22), if any, making any insurance proceeds available to Tenant (which Tenant shall diligently pursue with the Leasehold Mortgagee using Tenant's reasonable efforts), Tenant shall promptly and with reasonable diligence and in no event later than one hundred eighty (180) days after such of a fire or other casualty, commence Tenant may, at Tenant's sole cost and expense, repair or restore any items included in Tenant's Work and all Alterations; provided, however, if (i) Tenant assigns to Landlord Tenant’s property and casualty insurance proceeds plus the amount of the deductible, if any, for all items included in Tenant's Work and Alterations to the extent paid for by Landlord, Tenant shall not be required to repair or restore the same; and (ii) if Tenant does not assign such property and casualty insurance proceeds, Landlord shall have no further obligation to repair or restore the Leased Premises pursuant to this Article 13, and Tenant may restore same at its sole cost and expense (provided, however, that Tenant may only elect not to restore same so long as Tenant continues to pay Rent to Landlord with respect to such damaged portion of the Leased Premises). In the event of a fire or other casualty, Landlord shall be responsible for repairing or restoring all other portions of the Leased Premises not mentioned in the foregoing sentence to the extent of property and casualty insurance proceeds recovered with respect to said casualty. Tenant acknowledges that Landlord shall be entitled to the full proceeds of any property insurance coverage, whether carried by Landlord or Tenant, for damage to those items or decorations which Landlord is obligated to repair, rebuild and restore such to substantially the same condition in which they were immediately prior it being agreed that Tenant shall be entitled to the happening of such casualty (proceeds from any property insurance for items insured by Tenant which Landlord has no obligation to repair. Notwithstanding the "Restoration Work")foregoing to the contrary, and continue with due diligence until completion thereof. Rent and all other amounts payable to Landlord shall not be abated or reduced in the event this Lease is terminated in its entirety as a result of fire or other such casualty: (i) all proceeds of Landlord's insurance shall be payable to Landlord; and (ii) Tenant shall reimburse Landlord only for a sum equal to the amount of the unamortized portion of Landlord's Maximum Contribution (determined at the time such casualty occurs). Notwithstanding anything contained in this Lease the foregoing to the contrary, Tenant shall not execute a Leasehold Mortgage (as defined in Article 22) of its interest in the event this Lease is terminated as to only a portion of the Leased Premises ("Terminated Premises") as a result of such casualty, then with any Leasehold Mortgagee unless such Leasehold Mortgage respect to the Terminated Premises: (i) provides that all proceeds of Landlord's insurance relative to the Leasehold Mortgagee Terminated Premises shall make all insurance proceeds available be payable to Tenant for repair, rebuilding and/or restoration provided that Tenant is not then in default of its Leasehold Mortgage Landlord; and (ii) provides that in Tenant shall reimburse Landlord only for a sum which is equal to the event that such Leasehold Mortgagee elects, pursuant to its rights under such Leasehold Mortgage, not to make insurance proceeds available for the restoration, repair or rebuilding amount of the improvements on the Leased Premises, then such Leasehold Mortgage shall provide that before the Leasehold Mortgage applies any such insurance proceeds against its loan balance, the Leasehold Mortgagee shall first use such portion or all such insurance proceeds as may be necessary to demolish and remove the remaining unamortized portion of Landlord's Maximum Contribution (determined at the improvements from time such casualty occurs) applicable to the Leased Premises Terminated Premises. Thus, by way of example, if the Lease is terminated with respect to return the Leased Premises to essentially the condition that existed on the date hereof. If Tenant shall fail or refuse to commence the Restoration Work as provided above, Landlord may, at its optionentire second floor only, (Ai) terminate this Lease, or Landlord shall receive all proceeds of Landlord's insurance relative to the second floor; and (Bii) raze (or cause to be razed) any improvements on the Leased Premises, rough grade (or cause to be rough graded) the land on which the improvements had been built and restore (or cause to be restored) the cleared area to either a hard surface condition or a landscaped condition until a replacement building is erected, if ever, in accordance with the terms of this lease. Tenant shall reimburse Landlord for any costs associated with the unamortized portion of Two Million Seven Hundred Thirty Five Thousand One Hundred and Twenty and 00/100 Dollars (b$2,735,120.00) above within thirty (30) days after determined at the time such casualty occurs), which amount represents that portion Landlord's demand for payment thereof. In addition to all rights to terminate this Lease granted Maximum Contribution ($80.00 per Rentable Square Foot) applicable to the parties in this Section, if the Leased Premises second floor (or improvements thereon) are destroyed or damaged during the last two (2) years which consists of the Term to the extent that the cost to repair and restore the same is fifty percent (50% ) or more of the value of the Leased Premises immediately prior to such damage or destruction, then Tenant shall have the right to terminate this Lease as of the date of such damage or destruction by giving written notice thereof within thirty (30) days after the date of said damage or destruction. If this Lease shall be terminated pursuant to this Subsection, any annual minimum rental and other charges paid in advance shall be immediately refunded to Tenant34,189 Rentable Square Feet).

Repair Obligations. In Tenant’s ObligationsExcepting those maintenance, repair and restoration obligations that have been expressly delegated to Landlord under other provisions of this Lease, Tenant, at its sole cost and expense, shall keep the event interior of the Leased Premises and every part thereof in good, clean, pest-free, and sanitary condition and repair at all times during the Term. All damage, injury or breakage to any part or portion of the Premises or the improvements thereon are damaged Facility caused by Tenant, any of its affiliates, constituent partners, subtenants or destroyed by fire licensees, or other casualty agents, or any of their respective officers, directors, trustees, employees, contractors and subject to licensees (collectively, the Leasehold Mortgagee (as defined in Article 22), if any, making any insurance proceeds available to “Tenant (which Tenant shall diligently pursue with the Leasehold Mortgagee using Tenant's reasonable efforts), Tenant shall promptly and with reasonable diligence and in no event later than one hundred eighty (180) days after such fire or other casualty, commence to repair, rebuild and restore such to substantially the same condition in which they were immediately prior to the happening of such casualty (the "Restoration Work"Parties”), and continue with due diligence until completion thereofany invitee, visitor, or customer of any Tenant Party (a “Tenant Invitee”) shall be promptly repaired at Tenant’s sole cost and expense, to the reasonable satisfaction of Landlord. Rent and all other amounts payable If Tenant fails to perform any such repair obligation within thirty (30) days, then Landlord shall not be abated have the right to perform such repair work at Tenant’s expense. If any such damage occurs outside of the Premises or reduced as a result of fire or other casualty. Notwithstanding anything contained in this Lease to the contraryBase Building or a Base Building item, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant shall not execute a Leasehold Mortgage (as defined in Article 22) repair such damage. The cost of its interest in this Lease with any Leasehold Mortgagee unless such Leasehold Mortgage (i) provides that the Leasehold Mortgagee shall make all insurance proceeds available to Tenant for repair, rebuilding and/or restoration provided that Tenant is not then in default of its Leasehold Mortgage and (ii) provides that in the event that such Leasehold Mortgagee elects, pursuant to its rights under such Leasehold Mortgage, not to make insurance proceeds available for the restorationmaintenance, repair or rebuilding of the improvements on the Leased Premises, then such Leasehold Mortgage replacement work performed by Landlord under this Section 11 shall provide that before the Leasehold Mortgage applies any such insurance proceeds against its loan balance, the Leasehold Mortgagee shall first use such portion or all such insurance proceeds as may be necessary paid by Tenant to demolish and remove the remaining portion of the improvements from the Leased Premises to return the Leased Premises to essentially the condition that existed on the date hereof. If Tenant shall fail or refuse to commence the Restoration Work as provided above, Landlord may, at its option, (A) terminate this Lease, or (B) raze (or cause to be razed) any improvements on the Leased Premises, rough grade (or cause to be rough graded) the land on which the improvements had been built and restore (or cause to be restored) the cleared area to either a hard surface condition or a landscaped condition until a replacement building is erected, if ever, in accordance with the terms of this lease. Tenant shall reimburse Landlord for any costs associated with (b) above within thirty (30) days after Landlord's demand Landlord has invoiced Tenant therefor. Tenant shall be solely responsible for payment thereofthe design and function of all of the Tenant Improvements, whether or not installed by Landlord at Xxxxxx’s request. In addition to Tenant waives all rights to terminate this Lease granted make repairs to the parties in Premises or to the Facility at the expense of Landlord, or to deduct the cost of such repairs from any payment owed to Landlord under this SectionLease. All maintenance and repairs made by Tenant must comply with Landlord’s sustainability practices, if including any third-party rating system concerning the Leased Premises (or improvements thereon) are destroyed or damaged during the last two (2) years environmental compliance of the Term to Building or the extent that the cost to repair and restore Premises, as the same is fifty percent (50% ) or more of the value of the Leased Premises immediately prior may change from time to such damage or destruction, then Tenant shall have the right to terminate this Lease as of the date of such damage or destruction by giving written notice thereof within thirty (30) days after the date of said damage or destruction. If this Lease shall be terminated pursuant to this Subsection, any annual minimum rental and other charges paid in advance shall be immediately refunded to Tenanttime.