Common use of Repair of Damage to Premises by Landlord Clause in Contracts

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises 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 matters beyond Landlord’s reasonable control (specifically including, without limitation, if Tenant utilizes all or any portion of the Premises for Lab Use, any requirement to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any governmental or quasi-governmental agency having jurisdiction over the use, storage, release or removal of “Hazardous Materials,” as that term is set forth in Section 29.33 of this Lease, below, in, on or about the Premises (collectively, the “Hazardous Materials Clearances”), which Hazardous Materials Clearances shall be obtained by Tenant), and subject to all other terms of this Article 11, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving 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(ii) of this Lease, and Landlord shall repair any injury or damage to the Original Improvements installed in the Premises and shall return the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, and provided that Landlord does not elect to terminate this Lease pursuant to Section 11.2 below, Tenant shall, at its sole cost and expense, repair any injury or damage to the Original Improvements installed in the Premises and shall return the Original Improvements to their original condition. Whether or not Landlord delivers 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 reasonably approve the contractors to perform such improvement work. Landlord shall use commercially reasonable efforts to minimize, to the extent practicable, interference with Tenant’s use of the Premises resulting from repairs performed by Landlord pursuant to this Section 11.1, and Landlord shall use reasonable due diligence in performing the same. Notwithstanding the foregoing, 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 for the purposes permitted under this Lease, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for use for the purposes permitted under this Lease and are not used by Tenant for purposes of conducting business as a result thereof, the Base Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for use for the purposes permitted under this Lease, and which is not so used by Tenant, bears to the total rentable square feet of the Premises; provided further, however, that, if, as a result of Tenant’s utilization of all or any portion of the Premises for Lab Use, any Hazardous Materials Clearances are required to be obtained by Tenant before such restoration can begin, such abatement of Base Rent shall continue for only so long as Tenant, in Landlord’s reasonable judgment, diligently pursues obtaining such required Hazardous Materials Clearances. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to Base Rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith, subject to extension for Force Majeure (which shall in no event include the casualty event which necessitated the repairs).

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any Common Areas common areas of the Building serving or providing access to the Premises shall be damaged by fire or other casualty, within sixty (60) days of notice to Landlord of the damage or destruction, Landlord shall give notice to Tenant that Landlord elects, promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s 's reasonable control (specifically including, without limitation, if Tenant utilizes all or any portion of the Premises for Lab Use, any requirement to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any governmental or quasi-governmental agency having jurisdiction over the use, storage, release or removal of “Hazardous Materials,” as that term is set forth in Section 29.33 of this Lease, below, in, on or about the Premises (collectively, the “Hazardous Materials Clearances”), which Hazardous Materials Clearances shall be obtained by Tenant)control, and subject to all other terms of this Article 11, to restore the Base Base, Shell, and Core of the Premises and improvements to the Building not built by or for a tenant (collectively, the "Base, Shell and Core") and such Common Areascommon areas and the Tenant Improvements and Alterations made to the Premises by Tenant. Such restoration shall be to substantially the same condition of the Base Building Base, Shell, and the Common Areas Core and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Building, or Project the lessor of a ground or underlying lease with respect to the Real Property and/or the Building, or any other modifications to the Common Areas common areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlordif this Lease is not terminated as a result thereof, 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(ii) 10.3 of this LeaseLease which pertains to work to be performed by Landlord, and Landlord shall repair any injury or damage to the Original Improvements installed in the Premises and shall return the such Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s 's insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior in accordance with a reasonable progress payment schedule. Upon Landlord's request, such insurance proceeds will be placed in an escrow account or other account reasonably acceptable to Tenant, subject to a progress payment disbursement procedure reasonably acceptable to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, connection with such repairs and provided that Landlord does not elect to terminate this Lease pursuant to Section 11.2 belowreplacements, Tenant shall, at its sole cost and expense, repair any injury or damage to the Original Improvements installed in the Premises and shall return the Original Improvements to their original condition. Whether or not Landlord delivers 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 reasonably approve select the contractors to perform such improvement work. Landlord Such submittal of plans and construction of improvements shall use commercially reasonable efforts to minimize, to be performed in substantial compliance with the extent practicable, interference with Tenant’s use terms of the Premises resulting from repairs performed by Landlord pursuant to this Section 11.1, and Landlord shall use reasonable due diligence in performing Tenant Work Letter as though such construction of improvements were the sameinitial construction of the Tenant Improvements. Notwithstanding the foregoing, 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 common areas necessary to Tenant’s occupancy for the purposes permitted under this Lease's occupancy, and the Premises are not occupied by Landlord shall allow Tenant as a result thereof, then during the time and an abatement of Rent to the extent the Premises are unfit for use for the purposes permitted under this Lease and are not used by Tenant for purposes of conducting business as a result thereof, the Base Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for use for the purposes permitted under this Lease, and which is not so used by Tenant, bears to the total rentable square feet of the Premises; provided further, however, that, if, as a result of Tenant’s utilization of all or any portion of the Premises for Lab Use, any Hazardous Materials Clearances are required to be obtained by Tenant before such restoration can begin, such abatement of Base Rent shall continue for only so long as Tenant, in Landlord’s reasonable judgment, diligently pursues obtaining such required Hazardous Materials Clearances. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to Base Rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith, subject to extension for Force Majeure (which shall in no event include the casualty event which necessitated the repairs)Section 19.9 below.

Repair of Damage to Premises by Landlord. To the extent that Landlord does not have actual knowledge of the same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Premises, Building Structure, Building Systems, 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 matters beyond Landlord’s 's reasonable control (specifically including, without limitation, if Tenant utilizes all or any portion of the Premises for Lab Use, any requirement to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any governmental or quasi-governmental agency having jurisdiction over the use, storage, release or removal of “Hazardous Materials,” as that term is set forth in Section 29.33 of this Lease, below, in, on or about the Premises (collectively, the “Hazardous Materials Clearances”), which Hazardous Materials Clearances shall be obtained by Tenant)control, and subject to all other terms of this Article 11, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or reasonably required by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall such modifications will not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice violate clauses (the “Landlord Repair Notice”a) to Tenant from Landlord, Tenant shall assign to Landlord through (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(iie) of this Lease, and Landlord shall repair any injury or damage to Section 1.1.3 above without the Original Improvements installed in the Premises and shall return the Original Improvements to their original condition; provided that if the cost prior written consent of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall which may be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damagegiven or withheld in Tenant's reasonable discretion. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, and provided that Landlord does not elect to terminate this Lease is not terminated pursuant to Section 11.2 belowthis Article 11, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return the such Tenant Improvements and Original Improvements substantially to their original condition, except for modifications required by zoning and building codes and Applicable Laws. Whether or not Landlord delivers a Landlord Repair Notice, prior Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s 's review and approvalapproval (which approval shall not be withheld unless a Design Problem exists), all plans, specifications and working drawings relating thereto, and Landlord Tenant shall reasonably approve select the contractors to perform such improvement work, subject to Landlord's reasonable approval. Landlord shall use commercially reasonable efforts to minimize, to the extent practicable, interference with Tenant’s use of the Premises resulting from repairs performed by Landlord pursuant to this Section 11.1, and Landlord shall use reasonable due diligence in performing the same. Notwithstanding the foregoing, 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 Landlord shall use commercially reasonable efforts to minimize any such inconvenience or annoyance. If any such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy for the purposes permitted under this Lease's occupancy, and the Premises (or the affected portion thereof) are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for use for the purposes permitted under this Lease and are not used by Tenant for purposes of conducting business as a result thereofoccupancy, the Base Rent shall be abated in proportion to the ratio that the amount of rentable square feet RSF of the Premises which is unfit for use occupancy for the purposes permitted under this Lease, and which is not so used by Tenant, Lease bears to the total rentable square feet RSF of the Premises; provided further, however, that, if, as a result of . Tenant’s utilization of all or any portion of the Premises for Lab Use, any Hazardous Materials Clearances are required to be obtained by Tenant before such restoration can begin, such abatement of Base Rent shall continue for only so long as Tenant, in Landlord’s reasonable judgment, diligently pursues obtaining such required Hazardous Materials Clearances. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s 's right to Base Rent rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises (and including a reasonable period for the re-installation of Tenant's furniture, fixtures and equipment and moving back into the damaged portion of the Premises) assuming Tenant used reasonable due diligence in connection therewith, subject to extension for Force Majeure therewith (which shall provided that in no event include shall 788288.01/WLA 375755-00007/8-9-18//ejw -24- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, Inc. such Rent re-commence until such time as Landlord has restored the casualty event Base Building and the Common Areas necessary for Tenant’s use of the Premises to a commercially reasonable condition and Landlord has obtained all occupancy permits that are required to allow the legal occupancy of the affected Building and to allow the Tenant to conduct business operations from its Premises (assuming that Tenant has received a certificate of occupancy, temporary certificate of occupancy, or its legal equivalent, for its Premises, which necessitated shall remain Tenant’s obligation)); provided that Landlord shall be deemed to have restored the repairs)Base Building and the Common Areas on the date that Landlord would have completed such work, but for any delays caused by Tenant or any of Tenant's agents.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises 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 matters beyond Landlord’s 's reasonable control (specifically including, without limitation, if Tenant utilizes all or any portion of the Premises for Lab Use, any requirement to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any governmental or quasi-governmental agency having jurisdiction over the use, storage, release or removal of “"Hazardous Materials,” " as that term is set forth in Section 29.33 of this Lease, below, in, on or about the Premises (collectively, the “"Hazardous Materials Clearances”"), which Hazardous Materials Clearances shall be obtained by Tenant), and subject to all other terms of this Article 11, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving 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(ii) of this Lease, and Landlord shall repair any injury or damage to the Original Improvements installed in the Premises and shall return the Original Improvements to their original condition; provided that if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damage. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, and provided that Landlord does not elect to terminate this Lease pursuant to Section 11.2 below, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return the such Tenant Improvements and Original Improvements to their original conditionthe condition existing immediately prior to such casualty (provided such Tenant Improvements and Original Improvements were properly maintained pursuant to the TCCs of this Lease prior to such casualty), except for modifications required by "Applicable Laws," as that term is set forth in Article 24 of this Lease. Whether or not Landlord delivers a Landlord Repair Notice, prior 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 Tenant shall reasonably approve select the contractors contractors, subject to Landlord's reasonable approval, to perform such improvement work. Landlord shall use commercially reasonable efforts to minimize, to the extent practicable, interference with Tenant’s use of the Premises resulting from repairs performed by Landlord pursuant to this Section 11.1, and Landlord shall use reasonable due diligence in performing the same. Notwithstanding the foregoing, 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 occupancy for the purposes permitted under this Lease's occupancy, and the Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for use for the purposes permitted under this Lease and are not used by Tenant for purposes of conducting business as a result thereofoccupancy, the Base Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the Premises which is unfit for use occupancy for the purposes permitted under this Lease, and which is not so used by Tenant, Lease bears to the total rentable square feet of the Premises; provided further, however, that, if, as a result of Tenant’s utilization of all or any portion of the Premises for Lab Use, that if any Hazardous Materials Clearances are required to be obtained by Tenant before such restoration can begin, such abatement of Base Rent shall continue for only so long as Tenant, in Landlord’s 's reasonable judgment, diligently pursues obtaining such required Hazardous Materials Clearances. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s 's right to Base Rent rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises assuming Tenant used reasonable due diligence in connection therewith, subject to extension for Force Majeure (which shall in no event include the casualty event which necessitated the repairs).

Repair of Damage to Premises by Landlord. To the extent that Landlord does not have actual knowledge of the same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises Premises, Building Structure, Building Systems, 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 matters beyond Landlord’s 's reasonable control (specifically including, without limitation, if Tenant utilizes all or any portion of the Premises for Lab Use, any requirement to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any governmental or quasi-governmental agency having jurisdiction over the use, storage, release or removal of “Hazardous Materials,” as that term is set forth in Section 29.33 of this Lease, below, in, on or about the Premises (collectively, the “Hazardous Materials Clearances”), which Hazardous Materials Clearances shall be obtained by Tenant)control, and subject to all other terms of this Article 11, restore the Base Building and such Common Areas. Such restoration shall be to substantially the same condition of the Base Building and the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or reasonably required by the holder of a mortgage on the Building Buildings or Project or any other modifications to the Common Areas deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises and any common restrooms serving the Premises shall such modifications will not be materially impaired. Upon the occurrence of any damage to the Premises, upon notice violate clauses (the “Landlord Repair Notice”a) to Tenant from Landlord, Tenant shall assign to Landlord through (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(iie) of this Lease, and Landlord shall repair any injury or damage to Section 1.1.3 above without the Original Improvements installed in the Premises and shall return the Original Improvements to their original condition; provided that if the cost prior written consent of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of such repairs shall which may be paid by Tenant to Landlord prior to Landlord’s commencement of repair of the damagegiven or withheld in Tenant's reasonable discretion. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, and provided that Landlord does not elect to terminate this Lease is not terminated pursuant to Section 11.2 belowthis Article 11, Tenant shall, at its sole cost and expense, repair any injury or damage to the Tenant Improvements and the Original Improvements installed in the Premises and shall return the such Tenant Improvements and Original Improvements substantially to their original condition, except for modifications required by zoning and building codes and Applicable Laws. Whether or not Landlord delivers a Landlord Repair Notice, prior Prior to the commencement of construction, Tenant shall submit to Landlord, for Landlord’s 's review and approvalapproval (which approval shall not be withheld unless a Design Problem exists), all plans, specifications and working drawings relating thereto, and Landlord Tenant shall reasonably approve select the contractors to perform such improvement work, subject to Landlord's reasonable approval. Landlord shall use commercially reasonable efforts to minimize, to the extent practicable, interference with Tenant’s use of the Premises resulting from repairs performed by Landlord pursuant to this Section 11.1, and Landlord shall use reasonable due diligence in performing the same. Notwithstanding the foregoing, 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 Landlord shall use commercially reasonable efforts to minimize any such inconvenience or annoyance. If any such fire or other casualty shall have damaged the Premises or Common Areas necessary to Tenant’s occupancy for the purposes permitted under this Lease's occupancy, and the Premises (or the affected portion thereof) are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for use for the purposes permitted under this Lease and are not used by Tenant for purposes of conducting business as a result thereofoccupancy, the Base Rent shall be abated in proportion to the ratio that the amount of rentable square feet RSF of the Premises which is unfit for use occupancy for the purposes permitted under this Lease, and which is not so used by Tenant, Lease bears to the total rentable square feet RSF of the Premises; provided further, however, that, if, as a result of . Tenant’s utilization of all or any portion of the Premises for Lab Use, any Hazardous Materials Clearances are required to be obtained by Tenant before such restoration can begin, such abatement of Base Rent shall continue for only so long as Tenant, in Landlord’s reasonable judgment, diligently pursues obtaining such required Hazardous Materials Clearances. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s 's right to Base Rent rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises (and including a reasonable period for the re-installation of Tenant's furniture, fixtures and equipment and moving back into the damaged portion of the Premises) assuming Tenant used reasonable due diligence in connection therewith, subject to extension for Force Majeure therewith (which shall provided that in no event include shall such Rent re-commence until such time as Landlord has restored the casualty event Base Building and the Common Areas necessary for Tenant’s use of the Premises to a commercially reasonable condition and Landlord has obtained all occupancy permits that are required to allow the legal occupancy of the affected Building and to allow the Tenant to conduct business operations from its Premises (assuming that Tenant has received a certificate of occupancy, temporary certificate of occupancy, or its legal equivalent, for its Premises, which necessitated shall remain Tenant’s obligation)); provided that Landlord shall be deemed to have restored the repairs)Base Building and the Common Areas on the date that Landlord would have completed such work, but for any delays caused by Tenant or any of Tenant's agents.

Repair of Damage to Premises by Landlord. To the extent Landlord does not have actual knowledge of same, Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualtycasualty or any condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 11. If the Premises Premises, the Building Structure, the Building Systems or any Common Areas of the Project serving or providing access to the Premises shall be damaged by fire or other casualty or be subject to a condition existing as a result of a fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control (specifically including, without limitation, if Tenant utilizes all or any portion of the Premises for Lab Use, any requirement to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any governmental or quasi-governmental agency having jurisdiction over the use, storage, release or removal of “Hazardous Materials,” as that term is set forth in Section 29.33 of this Lease, below, in, on or about the Premises (collectively, the “Hazardous Materials Clearances”), which Hazardous Materials Clearances shall be obtained by Tenant)control, and subject to all other terms of this Article 11, restore the Base Building (including the Building Structure and the Building Systems) and such Common Areas. Such restoration shall be Areas to substantially the same condition of the Base Building and the Common Areas as existed prior to the casualty, except for modifications required by zoning and building codes and other laws Applicable Laws or by the holder of a mortgage on the Building Buildings or Project or any other nonmaterial modifications to the Common Areas reasonably deemed desirable by Landlord, which are consistent with the character of the Project, provided that access to the Premises Premises, Project parking facility and any common restrooms serving the Premises shall not be materially impaired. In connection with the foregoing, Tenant shall provide Landlord with all insurance proceeds payable under any insurance carried by Tenant pursuant to the terms of Section 10.2.2 of this Lease (except to the extent applicable to Tenant’s personal property). Upon the occurrence of any damage to the Premises, upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, if the Lease is not terminated, Tenant shall assign put into a third party escrow account reasonably acceptable to Landlord (which escrow shall be jointly paid for by Landlord and Tenant) for distribution to Landlord (or to any party designated by Landlord) on a progress payment basis upon receipt of the appropriate conditional and/or unconditional lien releases, all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 10.3.2(iiSections 10.3.2 (ii) and (iii) of this Lease, Lease and Landlord shall repair any injury or damage to the Original Tenant Improvements and subsequent Alterations installed in the Premises and shall return the Original such Tenant Improvements and Alterations to their original condition; provided that (a) if the cost of such repair by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the incremental cost differential of such repairs shall be paid by Tenant to Landlord prior on a progress payment basis (after exhaustion of insurance proceeds), and (b) Tenant’s insurance proceeds shall be disbursed for all costs and expenses incurred by Landlord in connection with the repair of any such damage pursuant to a disbursement procedure mutually approved by Landlord and Tenant. As long as the Tenant Improvements in the Premises are rebuilt, Tenant shall be entitled to retain any portion of the proceeds of the insurance described in Sections 10.3.2 (ii) and (iii) in excess of the cost of such restoration or if this Lease terminates, Tenant will receive all of such insurance proceeds to the extent the such proceeds exceed Landlord’s commencement of repair of the damageTI Proceeds. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, and provided that Landlord if this Lease does not elect to terminate this Lease pursuant to Section 11.2 belowof this Lease or for any other reason, Tenant shall, at its sole cost and expense, repair any injury or damage to the Original Tenant Improvements installed in the Premises and shall return the Original such Tenant Improvements to their original condition. Whether or not Landlord delivers a Landlord Repair Notice, Tenant shall, 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 reasonably approve Tenant may select, subject to Landlord’s reasonable approval, the contractors to perform such improvement work. Landlord Such submittal of plans and construction of improvements shall use commercially reasonable efforts to minimize, to be performed in substantial compliance with the extent practicable, interference with Tenant’s use terms of the Premises resulting from repairs performed by Landlord pursuant to this Section 11.1, and Landlord shall use reasonable due diligence in performing Tenant Work Letter as though such construction of improvements were the sameinitial construction of the Tenant Improvements. Notwithstanding the foregoing, 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 for Tenant to reasonably conduct Tenant’s occupancy for Permitted Use from the purposes permitted under this LeasePremises, and the Premises are not occupied by Landlord shall allow Tenant as a result thereofproportionate abatement of Rent, then during the time and to the extent the Premises are unfit for use occupancy for the purposes permitted under this Lease Tenant’s Permitted Use, and are not used occupied by Tenant for purposes of conducting business as a result thereof, including abatement during a commercially reasonable period of build-out and move time; provided, further, if the Base Premises is damaged such that the remaining portion thereof is not sufficient to allow Tenant to conduct its business operations from such remaining portion and Tenant does not conduct its business operations therefrom, Landlord shall allow Tenant a total abatement of Rent shall be abated in proportion during the time and to the ratio that the amount of rentable square feet of extent the Premises which is are unfit for use occupancy for the purposes permitted under this LeaseTenant’s Permitted Use, and which is not so used occupied by Tenant, bears to the total rentable square feet of the Premises; provided further, however, that, if, Tenant as a result of Tenant’s utilization of all or any portion of the Premises for Lab Use, any Hazardous Materials Clearances are required to be obtained by Tenant before such restoration can begin, such abatement of Base Rent shall continue for only so long as Tenant, in Landlord’s reasonable judgment, diligently pursues obtaining such required Hazardous Materials Clearancessubject damage. In the event that Landlord shall not deliver the Landlord Repair Notice, Tenant’s right to Base Rent rent abatement pursuant to the preceding sentence shall terminate as of the date which is reasonably determined by Landlord to be the date Tenant should have completed repairs to the Premises and moved back into the Premises assuming Tenant used reasonable due diligence in connection therewith, subject to extension for Force Majeure (which shall in no event include the casualty event which necessitated the repairs).