Common use of Repair of Damage by Landlord Clause in Contracts

Repair of Damage by Landlord. Tenant shall promptly notify Landlord of any damage to, or affecting, the Premises resulting from fire or any other casualty. If the Premises, the Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other delays due to Force Majeure, and subject to all other TCCs of this ARTICLE 11, restore the Premises, the Building and such Common Areas. Such restoration shall be to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and any common restrooms serving the Premises and Tenant’s use of the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “LANDLORD REPAIR NOTICE”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, Landlord shall allow Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand).

Repair of Damage by Landlord. Tenant shall promptly notify Landlord of any damage to, or affecting, the Premises resulting from fire or any other casualty. If the Premises, the Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other delays due to Force Majeure, and subject to all other TCCs of this ARTICLE 11, restore the Premises, the Building and such Common Areas. Such restoration shall be to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and any common restrooms serving the Premises and Tenant’s 's use of the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “"LANDLORD REPAIR NOTICE”") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s 's insurance required under SECTION 10.3.2 of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s 's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s 's contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s 's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s 's occupancy, Landlord shall allow Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s 's Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand).

Repair of Damage by Landlord. Tenant shall promptly notify Landlord (a) In the event all or any part of any damage to, or affecting, the Premises resulting is damaged during the Lease Term from fire or any other casualty. If the Premises, the Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, then Landlord shall promptly conduct the repair and diligentlydiligently pursue the same to completion, subject to reasonable delays for insurance adjustment or and other delays due to Force Majeurematters beyond Landlord’s reasonable control (in which event the provisions of Section 17.20 below shall apply), and subject to all other TCCs terms and conditions of this ARTICLE 11Article VIII; provided, restore the Premiseshowever, the Building Tenant (and not Landlord) shall promptly repair all damage to those items as to which Tenant is required to maintain property insurance under Section 7.02 above. Except as otherwise provided in Section 8.01(b) below, no such Common Areasdamage shall terminate this Lease. Such restoration shall be to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and any common restrooms serving the Premises and Tenant’s use of the Premises shall not be materially impaired. Upon the occurrence of any damage to the PremisesBase, upon notice (the “LANDLORD REPAIR NOTICE”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 of this Lease to the extent Shell and Core of the value Building (as defined in Section 1.1 of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure Work Letter) and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed Common Areas prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery Laws or by the holder of a Landlord Repair Notice, prior mortgage on the Building or Project or any other modifications to the commencement of construction, Tenant shall submit to Common Areas deemed desirable by Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant provided that access to the provisions of ARTICLE 8. Landlord Premises shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if materially impaired. If such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancyPremises, then Landlord shall allow Tenant a proportionate abatement of Base Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the actually receives proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, Insurance Expenses during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; providedprovided that, in any event, Tenant’s right to xxxxx Base Rent shall terminate as of the later to occur of (i) the date on which Landlord completes its repairs under this Section 8.01(a), or (ii) the date (as reasonably determined by Landlord) on which Tenant should have completed its repairs under this Section 8.01(a) assuming Tenant used reasonable diligence in pursuing the same and provided further, however, that if the damage or destruction is due to the negligence or intentional willful misconduct of TenantTenant or any of its agents, employees, contractors, invitees or guests, then there shall be no rent abatement. Unless this Lease is terminated pursuant to Section 8.01(b), Tenant shall be responsible for any reasonable, pay to Landlord Tenant’s Share (if the applicable insurance policy insures only the Premises and not other parts of the Project) or Tenant’s Share (if the applicable insurance policy insures the Premises as well as some or all of the Project) of any insurance deductible within ten (which shall be payable to Landlord upon 10) business days after written demand).

Repair of Damage by Landlord. Tenant shall promptly notify Landlord of any damage to, or affecting, the Premises resulting from fire or any other casualty. If the Premises, the Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other delays due to Force Majeure, and subject to all other TCCs of this ARTICLE Article 11, restore the Premises, the Building and such Common Areas. Such restoration shall be to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and any common restrooms serving the Premises and Tenant’s use of the Premises shall not be materially impaired. Within sixty (60) days after the occurrence of such fire or other casualty, Landlord shall provide Tenant with a statement setting forth the time within which Landlord expects such restoration to be substantially completed. Upon the occurrence of any damage to the Premises, upon notice (the “LANDLORD REPAIR NOTICE”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Noticenotice to Tenant from Landlord, and provided this Lease has not terminated as provided in this ARTICLE Article 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), any Alterations which have been completed or installed by or on behalf of Tenant, Tenant in accordance with ARTICLE 8 the Premises after the Lease Commencement Date and which will be retained by Landlord upon the expiration or earlier termination of this Lease, in the Premises and . Tenant shall return restore such Alterations, trade fixtures and equipment Alterations to substantially the same condition as existed immediately prior to the casualty, except for modifications required by zoning and building codes and but Tenant shall otherwise have no obligation to restore any other Applicable LawsAlterations, equipment or trade fixtures within the Premises. Following delivery of a Landlord Repair Notice, prior Prior to the commencement of constructionany restoration work in the Premises, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE Article 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy, Landlord shall allow Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand).

Repair of Damage by Landlord. Tenant shall promptly agrees to notify Landlord in writing promptly of any damage to, or affecting, to the Premises resulting from fire fire, earthquake, or any other casualtyidentifiable event of a sudden, unexpected, or unusual nature (“Casualty”). If the Premises, Premises are damaged by a Casualty or any common areas of the Building or any Common Areas serving or providing access to the Premises shall be are damaged by fire or other casualtyto the extent that Tenant does not have reasonable access to the Premises and if neither Landlord nor Tenant has elected to terminate this Lease in the manner provided below, Landlord shall promptly and diligentlydiligently restore such damaged areas (excluding Tenant’s Alterations) to substantially the same condition as existed before the Casualty, except for modifications required by building codes and other laws and except for any other modifications to the common areas considered desirable by Landlord. In making these modifications, Landlord shall not materially impair Tenant’s access to the Premises. Landlord’s obligation to restore is subject to reasonable delays for insurance adjustment or and other delays due to Force Majeure, matters beyond Landlord’s reasonable control and subject to all the other TCCs clauses of this ARTICLE 11Article. If Tenant requests that Landlord modify the original Landlord constructed tenant improvements in connection with the rebuilding, restore the Premises, the Building and such Common Areas. Such restoration shall be Landlord may condition its consent to substantially the same condition as existed prior to the casualty, except for those modifications required by zoning and building codes and other laws, provided that access to the Premises and any common restrooms serving the Premises and on: (a) Tenant’s use payment to Landlord before construction is begun of any sums in excess of the Premises shall not be materially impaired. Upon amount of insurance proceeds received by Landlord that are needed to complete the occurrence of any damage to the Premises, upon notice tenant improvements; and (the “LANDLORD REPAIR NOTICE”b) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated Confirmation by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 architect or contractor that the modifications will not materially increase the scope of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas time necessary to Tenant’s occupancy, Landlord shall allow Tenant a proportionate abatement of Rent (and, to complete the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand)tenant improvements.

Repair of Damage by Landlord. Tenant shall promptly agrees to notify Landlord in writing promptly of any damage to, or affecting, to the Premises resulting from fire fire, earthquake, or any other casualtyidentifiable event of a sudden, unexpected, or unusual nature ("Casualty"). If the Premises, Premises are damaged by a Casualty or any common areas of the Building or any Common Areas serving or providing access to the Premises shall be are damaged by fire or other casualtyto the extent that Tenant does not have reasonable access to the Premises and if neither Landlord nor Tenant has elected to terminate this Lease in the manner provided below, Landlord shall promptly and diligentlydiligently restore such damaged areas (excluding Tenant's Alterations) to substantially the same condition as existed before the Casualty, except for modifications required by building codes and other laws and except for any other modifications to the common areas considered desirable by Landlord. In making these modifications, Landlord shall not materially impair Tenant's access to the Premises. Landlord's obligation to restore is subject to reasonable delays for insurance adjustment or and other delays due to Force Majeure, matters beyond Landlord's reasonable control and subject to all the other TCCs clauses of this ARTICLE 11Article. If Tenant requests that Landlord modify the original Landlord constructed tenant improvements in connection with the rebuilding, restore the Premises, the Building and such Common Areas. Such restoration shall be Landlord may condition its consent to substantially the same condition as existed prior those modifications on: (a) Tenant's payment to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and Landlord before construction is begun of any common restrooms serving the Premises and Tenant’s use sums in excess of the Premises shall not be materially impaired. Upon amount of insurance proceeds received by Landlord that are needed to complete the occurrence of any damage to the Premises, upon notice tenant improvements; and (the “LANDLORD REPAIR NOTICE”b) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated Confirmation by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 's architect or contractor that the modifications will not materially increase the scope of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas time necessary to Tenant’s occupancy, Landlord shall allow Tenant a proportionate abatement of Rent (and, to complete the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand)tenant improvements.

Repair of Damage by Landlord. Tenant shall promptly notify Landlord of any damage to, or affecting, to the Premises resulting from fire or any other casualty. If the Premises, the Base Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other delays due to Force Majeurematters beyond Landlord’s reasonable control, and subject to all other TCCs terms of this ARTICLE Article 11, restore the Premises, the Base Building and such Common Areas, provided that Tenant has assigned to and diligently transfers to Landlord all insurance proceeds relating to the insurance required under Section 10.3.2 (other than for Tenant’s Property) and has paid to THE WATER GARDEN Cornerstone OnDemand, Inc. Landlord all deductibles applicable under such policies, except that if such amount is greater than $500,000, Tenant may deposit such amount into escrow with a title company or other institutional escrow holder acceptable to Landlord with irrevocable instructions that such amount be paid to Landlord for repair costs on a pro rata basis as repairs progress. Such Subject to the foregoing qualifications, such restoration shall be to substantially the same condition as existed of the Premises, Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other lawslaws or by the holder of a mortgage on the Building or Project or, provided that such modifications do no not unreasonably interfere with Tenant’s use of or access to the Premises and or parking rights or materially increase the obligations or decrease the rights of Tenant under this Lease or reduce the quality of the Building or Project, any common restrooms serving other modifications to the Premises and Base Building or the Common Areas reasonably deemed desirable by Landlord. Tenant may, at Tenant’s use of the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premisessole cost and expense, upon notice (the “LANDLORD REPAIR NOTICE”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant’s Property, in accordance with ARTICLE Article 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8above. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereofof the Premises, Base Building or the Common Areas; provided provided, however, that if Tenant has assigned and transferred to Landlord the insurance proceeds and paid the deductible(s) referenced in the second sentence of this Section 11.1, and if such fire or other casualty shall have damaged the Premises Premises, Base Building or Common Areas necessary to Tenant’s occupancyoccupancy of the Premises, Landlord shall allow Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this LeaseLease as the sole result of the damage to the Premises, Base Building or the Common Areas, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand).

Repair of Damage by Landlord. Tenant shall promptly notify Landlord of any damage to, or affecting, the Premises resulting from fire or any other casualty. If the Premises, the Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other delays due to Force Majeure, and subject to all other TCCs of this ARTICLE 11, restore the Premises, the Building and such Common Areas. Such restoration shall be to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and any common restrooms serving the Premises and Tenant’s 's use of the Premises shall not be materially impaired. Within sixty (60) days after the occurrence of such fire or other casualty, Landlord shall provide Tenant with a statement setting forth the time within which Landlord expects such restoration to be substantially completed. Upon the occurrence of any damage to the Premises, upon notice (the “LANDLORD REPAIR NOTICE”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Noticenotice to Tenant from Landlord, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), any Alterations which have been completed or installed by or on behalf of Tenant, Tenant in accordance with ARTICLE 8 the Premises after the Lease Commencement Date and which will be retained by Landlord upon the expiration or earlier termination of this Lease, in the Premises and . Tenant shall return restore such Alterations, trade fixtures and equipment Alterations to substantially the same condition as existed immediately prior to the casualty, except for modifications required by zoning and building codes and but Tenant shall otherwise have no obligation to restore any other Applicable LawsAlterations, equipment or trade fixtures within the Premises. Following delivery of a Landlord Repair Notice, prior Prior to the commencement of constructionany restoration work in the Premises, Tenant shall submit to Landlord, for Landlord’s 's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s 's contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s 's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s 's occupancy, Landlord shall allow Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand).

Repair of Damage by Landlord. Tenant shall promptly agrees to notify Landlord in writing promptly of any damage to, or affecting, to the Premises resulting from fire fire, earthquake, or any other casualtyidentifiable event of a sudden, unexpected, or unusual nature (Casualty). If the Premises, Premises are damaged by a Casualty or any common areas of the Building or any Common Areas serving or providing access to the Premises shall be are damaged by fire to the extent that Tenant does not have reasonable access to the Premises and if neither Landlord nor Tenant has elected to terminate this Lease under section 14.3 or other casualty14.4, Landlord shall promptly and diligentlydiligently restore such common areas, subject to reasonable delays for insurance adjustment or other delays due to Force Majeure, and subject to all other TCCs the Base Building of this ARTICLE 11, restore the Premises, and the Building and such Common Areas. Such restoration shall be Tenant Improvements originally constructed by Landlord to substantially the same condition as existed prior to before the casualtyCasualty, except for modifications required by zoning and building codes and other lawslaws and except for any other modifications to the common areas considered desirable by Landlord. In making these modifications, provided that Landlord shall not materially impair Tenant’s access to the Premises Premises. Landlord’s obligation to restore is subject to reasonable delays far insurance adjustment and any common restrooms serving other matters beyond Landlord’s reasonable control and subject to the Premises and other clauses of this Article 14. If Tenant requests that Landlord modify the Tenant Improvements in connection with the rebuilding, Landlord may condition its consent to those modifications on: (a) Tenant’s use payment to Landlord before construction is begun of any sums in excess of the Premises shall not be materially impaired. Upon amount of insurance proceeds received by Landlord that are needed to complete the occurrence of any damage to the Premises, upon notice Tenant Improvements; and (the “LANDLORD REPAIR NOTICE”b) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated Confirmation by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 architect or contractor that the modifications will not increase the scope of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas time necessary to Tenant’s occupancy, Landlord shall allow complete the Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand)Improvements.

Repair of Damage by Landlord. Tenant shall promptly notify Landlord of any damage to, or affecting, the Premises resulting from fire or any other casualty. If the Premises, the Base Building or any Common Areas serving or providing access to the Premises shall be physically damaged by fire or other casualtycasualty (“Damage”), Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other delays due to Force Majeurematters beyond Landlord’s reasonable control, and subject to all other TCCs terms and conditions of this ARTICLE Article 11, restore the Premises, the Base Building and such Common Areas. Such restoration shall be to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and Upon any common restrooms serving the Premises and Tenant’s use of the Premises shall not be materially impaired. Upon the occurrence of any damage Damage to the Premises, upon notice (the “LANDLORD REPAIR NOTICE”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord’s mortgagee or other designee) all insurance proceeds payable to Tenant under Tenant’s the insurance required under SECTION pursuant to Section 10.3.2 of this Lease to the extent of the value of the Furniture(other than Section 10.3.2(i)), and Landlord shall replace repair the Furniture to Tenant Improvements and Alterations installed in the extent Premises; provided that if the cost of such repair by Landlord exceeds the insurance proceeds orreceived by Landlord from Tenant’s insurance carrier, if such shortfall shall be paid by Tenant to Landlord prior to Landlord’s repair of the Damage. Upon termination of this Lease is terminated due to any Damage, the proceeds of insurance shall be paid to Landlord and Xxxxxx as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, their interests appear in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8insured property. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage any Damage or the repair thereofthereof by or on behalf of Landlord; provided however, that if such fire Damage is not the result of Landlord’s gross negligence or other casualty shall have damaged willful misconduct. If the Premises or Common Areas necessary to access the Premises suffer Damage, and such Damage is not the result of the negligence or willful misconduct of Tenant or Tenant’s occupancyemployees, contractors, licensees, or invitees, Landlord shall allow Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for rendered untenantable as the purposes permitted under this Leasesole result of the Damage, and not occupied by Tenant as a result thereof; provided. Landlord and Tenant agree that the provisions of this Article 11 shall only apply when the Premises, further, however, that if Base Building or Common Areas are physically damaged or the structural integrity of the Premises or Base Building is degraded as a result of a fire or other casualty. In no event shall a temporary closure of the Building or the Project for the purpose of protecting public health constitute physical damage or destruction is due to the negligence Premises, Base Building or intentional misconduct of Common Areas, nor shall Tenant, Tenant shall ’s inability to productively use the Premises during any such temporary closure be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand)deemed a casualty.

Repair of Damage by Landlord. Tenant shall promptly agrees to notify Landlord in writing promptly of any damage to, or affecting, to the Premises resulting from fire fire, earthquake, or any other casualtyidentifiable event of a sudden, unexpected, or unusual nature (Casualty). If the Premises, Premises are damaged by a Casualty or any common areas of the Building or any Common Areas serving or providing access to the Premises shall be are damaged by fire to the extent that Tenant does not have reasonable access to the Premises and if neither Landlord nor Tenant has elected to terminate this Lease under Section 15.3 or other casualty15.4, Landlord shall promptly and diligentlydiligently restore such common areas, the Base Building of the Premises, and the Tenant Improvements originally constructed by Landlord to substantially the same condition as existed before the Casualty, except for modifications required by building codes and other laws and except for any other modifications to the common areas considered desirable by Landlord. In making these modifications, Landlord shall not materially impair Tenant's access to the Premises. Landlord's obligation to restore is subject to reasonable delays for insurance adjustment or and other delays due to Force Majeure, matters beyond Landlord's reasonable control and subject to all the other TCCs clauses of this ARTICLE 11Article 15. If Tenant requests that Landlord modify the Tenant Improvements in connection with the rebuilding, restore the Premises, the Building and such Common Areas. Such restoration shall be Landlord may condition its consent to substantially the same condition as existed prior those modifications on: (a) Tenant's payment to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and Landlord before construction is begun of any common restrooms serving the Premises and Tenant’s use sums in excess of the Premises shall not be materially impaired. Upon amount of insurance proceeds received by Landlord that are needed to complete the occurrence of any damage to the Premises, upon notice Tenant Improvements; and (the “LANDLORD REPAIR NOTICE”b) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated Confirmation by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 's architect or contractor that the modifications will not increase the scope of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas time necessary to Tenant’s occupancy, Landlord shall allow complete the Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand)Improvements.

Repair of Damage by Landlord. Tenant shall promptly notify Landlord of any damage to, or affecting, the Premises or the Building resulting from fire or any other casualty, promptly after Tenant becomes aware of such damage. If Landlord shall, within thirty (30) days if only one floor of the Building has been damaged (i.e. all damage is confined to one floor and the other two floors are not damaged) and the cost to repair is not more than $500,000.00 ("MINOR DAMAGE"), or sixty (60) days if more one full floor of the Building has been damaged or the cost to repair is over $500,000.00 ("MAJOR DAMAGE"), after Landlord receives such notice from Tenant, deliver to Tenant a reasonable estimate ("RESTORATION PERIOD ESTIMATE") from a reputable contractor, of the date by which the repair and restoration necessary as a result of such fire or other casualty can be substantially completed. Subject to the provisions of SECTIONS 11.2 and 11.3 below, if the Premises, the Building or any Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, to the extent of insurance proceeds made available to Landlord specifically for such repair, and subject to reasonable delays for insurance adjustment or adjustment, delays caused by Tenant, and other delays due to Force Majeure, and subject to all other TCCs of this ARTICLE 11, restore the Premises, the Building and such Common Areas. Such restoration shall be Areas to substantially the same condition as existed prior when possession was initially delivered to the casualty, except for modifications required by zoning and building codes and other laws, provided that access to the Premises and any common restrooms serving the Premises and Tenant’s use of the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice (the “LANDLORD REPAIR NOTICE”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice; provided, prior to the commencement of constructionhowever, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review not be required to rebuild, restore, repair or replace Tenant's Alterations (other than Building Standard Alterations) or other improvements, alterations and approve such plans additions (other than Building Standard Alterations), inventory, fixtures, furniture, furnishings, floor coverings (other than Building Standard floor coverings), equipment and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8other personal property. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s 's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s 's occupancy, Landlord shall allow Tenant a proportionate an equitable abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto any restoration or repairs which Landlord is required to undertake are restored substantially to their condition prior to the casualty)completed, regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon within thirty (30) days of demand).

Repair of Damage by Landlord. Tenant shall agrees to promptly notify Landlord in writing of any damage to, or affecting, to the Premises resulting from fire fire, earthquake or any other casualtycasualty (such events referred to collectively as "Casualty"). If the Premises, or any common areas of the Building or any Common Areas serving or providing access to the Premises (such that Tenant does not have reasonable access to the Premises) shall be damaged by fire or other casualtya Casualty, Landlord shall, as soon as possible using diligent efforts but in no event later than sixty (60) days after the date of the Casualty, provide written notice to Tenant indicating the anticipated time period for repairing the Casualty (the "Repair Period Notice"). In the event the Repair Period Notice indicates that the time period for repairing the Casualty is estimated to exceed two hundred seventy (270) days from the date of the Repair Period Notice, Landlord (pursuant to the provisions of Section 13.3 below) or Tenant may elect to terminate this Lease ("Tenant's Termination Election"). Such election must be made by Tenant within sixty (60) days after the receipt of the Repair Period Notice or will be deemed waived by Tenant. If Tenant elects to terminate the Lease, the termination shall be effective thirty (30) days after Landlord's receipt of Tenant's Termination Election. If the Repair Period Notice indicates that the time period for repairing the Casualty is estimated to not exceed two hundred seventy (270) days from the date of the Repair Period Notice, or if Tenant does not exercise Tenant's Termination Election as provided above, then subject to the other provisions of this Article, Landlord will repair the damage pursuant to the provisions hereof. If Landlord is obligated to or elects to repair the Casualty as provided herein, Landlord agrees to promptly and diligently, subject to reasonable delays for insurance adjustment or and other delays due to Force Majeurematters beyond Landlord's reasonable control, and subject to all the other TCCs provisions of this ARTICLE 11Article, restore the Premises, Premises and the Building and such Common Areas. Such restoration shall be Tenant Improvements originally constructed by Landlord to substantially the same condition as existed prior to the casualtyCasualty, except for modifications required by zoning and building codes and other laws, and any other modifications to the common areas deemed desirable by Landlord provided that access to the Premises and any common restrooms serving the Premises and Tenant’s use of the Premises shall not thereby be materially impaired. Upon If Tenant requests that Landlord make any modifications to the occurrence Tenant Improvements in connection with the rebuilding, Landlord may condition its consent to such modifications on (i) Tenant's payment to Landlord prior to commencement of construction of any damage sums necessary to complete the Premises, upon notice Tenant Improvements in excess of the amount of insurance proceeds received by Landlord and (the “LANDLORD REPAIR NOTICE”ii) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated confirmation by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under SECTION 10.3.2 's architect that the modifications will not increase the scope of this Lease to the extent of the value of the Furniture, and Landlord shall replace the Furniture to the extent of such insurance proceeds or, if this Lease is terminated as a result of such casualty, Landlord shall retain such proceeds. Upon receipt of any Landlord Repair Notice, and provided this Lease has not terminated as provided in this ARTICLE 11, Tenant shall proceed to restore and repair any injury work or damage to the Alterations, trade fixtures and equipment (to the extent the Building Structure and the Premises are in commercially acceptable condition to proceed with restoration of Alterations, trade fixtures and equipment), which have been completed or installed by or on behalf of Tenant, in accordance with ARTICLE 8 of this Lease, in the Premises and shall return such Alterations, trade fixtures and equipment to substantially the same condition as existed prior to the casualty, except for modifications required by zoning and building codes and other Applicable Laws. Following delivery of a Landlord Repair Notice, prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall review and approve such plans and specifications and Tenant’s contractors to be used for such work pursuant to the provisions of ARTICLE 8. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or Common Areas time period necessary to Tenant’s occupancy, Landlord shall allow complete the Tenant a proportionate abatement of Rent (and, to the extent applicable, an adjustment to Tenant’s Share), to the extent Tenant is unable to operate its business in the Premises (measured by the proportion of square feet of the Premises in which Tenant is unable to operate as compared to the total size of the Premises, and continuing until such time as such areas and access thereto are restored substantially to their condition prior to the casualty), regardless of whether Landlord is reimbursed from the proceeds of rental interruption insurance purchased or required to be purchased by Landlord as part of Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease, and not occupied by Tenant as a result thereof; provided, further, however, that if the damage or destruction is due to the negligence or intentional misconduct of Tenant, Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand)Improvements.