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

Repair of Damage to Premises by Lessor. Lessee shall promptly -------------------------------------- notify Lessor of any damage to the Premises resulting from fire or any other casualty or condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 10. If the Premises or any common areas of the Building 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. Lessor shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Lessor's reasonable control, and subject to all other terms of this Article 10, restore the base, shell, and core of the Premises and such common areas to substantially the same condition as existed prior to the casualty, expect for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or any other modifications to the common areas deemed desirable by Lessor, provided access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Lessee may assign to Lessor (or to any party designated by Lessor) all insurance proceeds payable to Lessee under Lessee's insurance required under this Lease, and along with the proceeds received by Lessor from the Tenant Improvement Insurance. Lessor shall repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Lessee Improvements to their original condition. In connection with such repairs and replacements. Lessee shall, prior to the commencement of construction, submit to Lessor for Lessor's review and approval, all plans, specifications and working drafts relating thereto, and Lessor shall reasonably approve the contractors selected by Lessee to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance with the terms of the Work Letter as though such construction of improvements were the initial construction of the Tenant Improvements. Neither Lessor nor Lessee shall be liable for any inconvenience or annoyance to Lessee or its visitors, or injury to Lessee'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 Lessee's occupancy. Lessor shall allow Lessee a proportionate abatement of Rent, during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's business, and not occupied by Lessee as a result thereof, provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Lessee to conduct its operations therefrom. Lessor shall allow Lessee a total abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's business, and not occupied by Lessee as a result of the subject damage.

Repair of Damage to Premises by Lessor. Lessee shall promptly -------------------------------------- notify Lessor of any damage to the Premises resulting from fire or any other casualty or condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 10. If the Premises or any common areas Common Areas of the Building 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. , Lessor shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Lessor's ’s reasonable control, and subject to all other terms of this Article 10Section 9, restore the base, shell, and core of the Project and Premises and such common areas Common Areas. Such restoration shall be to substantially the same condition as existed of the base, shell, and core of the Building and Premises and Common Areas prior to the casualty, expect except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or any other modifications to the common areas deemed desirable by Lessor, provided access to the Premises and any common restrooms serving the Premises shall not be materially impairedlaws. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the PremisesPremises and the commencement of Lessor’s repairs and restoration, Lessee may shall assign to Lessor (or to any party designated by Lessor) all insurance proceeds payable to Lessee under Lessee's ’s insurance required under this Lease, and along with the proceeds received by Lessor from the Tenant Improvement Insurance. Lessor shall repair any injury or damage to the Tenant Lessee Improvements installed in the Premises and shall return such Lessee Improvements to their original condition; provided that if the cost of such repair by Lessor exceeds the amount of insurance proceeds received by Lessor from Lessee’s insurance carrier, as assigned by Lessee, the cost of such repairs shall be paid by Lessee to Lessor prior to and as a condition of Lessor’s repair of the damage. In connection with such repairs and replacements. , Lessee shall, prior to the commencement of construction, submit to Lessor Lessor, for Lessor's ’s review and approval, all plans, specifications and working drafts drawings relating thereto, and Lessor shall reasonably approve select the contractors selected by Lessee to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance accordance with Lessor’s policies and practices. If the terms cost of repair is reasonably anticipated to exceed the Work Letter as though such construction amount of improvements were the initial construction of the Tenant Improvements. Neither Lessor nor insurance proceeds to be received therefor by Lessee from its insurance carrier, then Lessee shall have the right within five (5) days of Lessee’s receipt of notice to that effect to request changes to the work which will reduce the cost thereof. Lessor shall not be liable for any inconvenience or annoyance to Lessee or its visitors, or injury to Lessee'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 Lessee's ’s occupancy. , and if such damage is not the result of the negligence or willful misconduct of Lessee or Lessee’s employees, contractors, licensees, or invitees, Lessor shall allow Lessee a proportionate abatement of Rent, during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied by Lessee as a result thereof, ; provided, further, if the Premises is are damaged such that the remaining portion thereof is not sufficient to allow Lessee to conduct its business operations from such remaining portion and Lessee does not conduct its business operations therefrom. , Lessor shall allow Lessee a total abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied by Lessee as a result of the subject damage. Lessee’s abatement period hereunder shall continue until Lessee has been given sufficient time, and sufficient access to the Premises, to rebuild the portion of the Premises it is required to rebuild to substantially the same design concept, to install its property, furniture, fixtures, and equipment and to move in over one (1) weekend per full floor.

Repair of Damage to Premises by Lessor. Lessee shall promptly -------------------------------------- notify Lessor of any damage to the Premises resulting from fire or any other casualty or condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 10casualty. If the Premises or any common areas Common Areas of the Building 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. , Lessor shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Lessor's ’s reasonable control, and subject to all other terms of this Article 10, restore the base, shell, and core of the Premises and such common areas Common Areas. Such restoration shall be to substantially the same condition as existed of the Premises and common areas prior to the casualty, expect except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Project, or any other modifications to the common areas Common Areas deemed desirable by Lessor, provided access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Lessee may shall assign to Lessor (or to any party designated by Lessor) all insurance proceeds payable to Lessee under Lessee's ’s insurance required under Article 9 of this Lease, and along with the proceeds received by Lessor from the Tenant Improvement Insurance. Lessor shall repair any injury or damage to the Tenant Lessee Improvements installed in the Premises and shall return such Lessee Improvements to their original condition. In connection with ; provided that if the cost of such repair by Lessor exceeds the amount of insurance proceeds received by Lessor from Lessee’s insurance, the cost of such repairs and replacements. Lessee shall, prior to the commencement of construction, submit to Lessor for Lessor's review and approval, all plans, specifications and working drafts relating thereto, and Lessor shall reasonably approve the contractors selected be paid by Lessee to perform such improvement workLessor prior to Lessor’s repair of the damage. Such submittal of plans and construction of improvements Any other restoration shall be performed by Lessee, at its sole cost and expense, as an Alteration in substantial compliance accordance with the terms of the Work Letter as though such construction of improvements were the initial construction of the Tenant Improvementsthis Lease. Neither Lessor nor Lessee shall not be liable for any inconvenience or annoyance to Lessee or its visitors, or injury to Lessee's ’s business resulting in any way from such damage or the repair thereof: provided however. However, that if such fire or other casualty shall have damaged the Premises or common areas Common Areas necessary to Lessee's ’s occupancy. , Lessor shall allow Lessee a proportionate and equitable abatement of RentRent for any portion of the Premises Lessee cannot and does not use, but only to the extent Lessor is reimbursed from the proceeds of rental interruption insurance purchased by Lessor as a Basic Cost during the time and to the extent the Premises are materially damaged and unfit for occupancy use for the normal conduct of Lessee's businessPermitted Use under this Lease, and not occupied actually used by Lessee as a result thereof, provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Lessee to conduct its operations therefrom. Lessor shall allow Lessee a total abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's business, and not occupied by Lessee as a result of the subject damage.

Repair of Damage to Premises by Lessor. Lessee shall promptly -------------------------------------- notify Lessor of any damage to the Premises resulting from fire or any other casualty or condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 10casualty. If the Premises or any common areas Common Areas of the Building 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. , Lessor shall promptly and diligentlydiligently prosecute to completion, subject to reasonable delays for insurance adjustment or other matters beyond Lessor's ’s reasonable control, and subject to all other terms of this Article 10, restore the base, shell, restoration and core repair of the Premises and such common areas Common Areas; provided, however, that Lessor is only responsible for repairing any damage covered in this Section to Building Standards (as defined below in the attached Work Letter). Notwithstanding anything to the contrary set forth in this Section, such restoration shall be to substantially the same condition as existed of the Premises and Common Areas prior to the casualty, expect except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Project, or any other modifications to the common areas Common Areas deemed desirable by Lessor, provided Lessor and access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding ; provided, however, that Lessee shall be responsible for any other provision of this Lease, upon the occurrence of any damage restoration costs specific to the Premises, Lessee may assign to Lessor (or to any party designated by Lessor) all insurance proceeds payable to Lessee under Lessee's insurance required under this Lease, and along with Premises in excess of the proceeds received by Lessor from the Tenant Improvement InsuranceBuilding Standard. Lessor shall repair any injury or damage to the Tenant Improvements installed in the Premises and shall return such Lessee Improvements to their original condition. In connection with such repairs and replacements. Lessee shall, prior to the commencement of construction, submit to Lessor for Lessor's review and approval, all plans, specifications and working drafts relating thereto, and Lessor shall reasonably approve the contractors selected by Lessee to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance with the terms of the Work Letter as though such construction of improvements were the initial construction of the Tenant Improvements. Neither Lessor nor Lessee shall not be liable for any inconvenience or annoyance to Lessee or its visitors, or injury to Lessee's ’s business resulting in any way from such damage or the repair thereof: provided ; provided, however, that if such fire or other casualty shall have damaged the Premises or common areas Common Areas necessary to Lessee's ’s occupancy. , Lessor shall allow Lessee a proportionate abatement of Base Rent, to the extent Lessor is reimbursed from the proceeds of rental interruption of insurance purchased by Lessor in which case the Lessor will rely on such insurance proceeds in lieu of Lessee’s Base Rent, during the time and to the extent the Premises are damaged and unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied or only partially occupied by Lessee as a result thereof, provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Lessee to conduct its operations therefrom. Lessor shall allow Lessee a total abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's business, and not occupied by Lessee as a result of the subject damage.

Repair of Damage to Premises by Lessor. Lessee shall promptly notify -------------------------------------- notify Lessor of any damage to the Premises resulting from fire or any other casualty or condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 10casualty. If the Premises or any common areas of the Building 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. , Lessor shall promptly and diligentlydiligently prosecute to completion, subject to reasonable delays for insurance adjustment or other matters beyond Lessor's reasonable control, and subject to all other terms of this Article 10, restore the baseBase, shell, Shell and core Core of the Premises and such common areas areas. Such restoration shall be to substantially the same condition as existed of the Base, Shell and Core of the Premises and common areas prior to the casualty, expect except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building Project, or any other modifications to the common areas deemed desirable by Lessor, provided access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Lessee may shall assign to Lessor (or to any party designated by Lessor) all insurance proceeds payable to Lessee under Lessee's insurance required under Article 9 of this LeaseLease insofar as it applies to Improvements to the Premises (excluding Lessee's personal property), and along with the proceeds received by Lessor from the Tenant Improvement Insurance. Lessor shall repair any injury or damage to the Tenant Lessee Improvements installed in the Premises and shall return such Lessee Improvements to their original condition; provided that if the cost of such repair by Lessor exceeds the amount of insurance proceeds received by Lessor from Lessee's insurance, the cost of such repairs shall be paid by Lessee to Lessor prior to Lessor's repair of the damage. In connection with such repairs and replacements. replacements Lessee shall, prior to the commencement of construction, submit to Lessor for Lessor's review and approval, approval all plans, plans specifications and working drafts drawings relating thereto, and Lessor shall reasonably approve the contractors selected by Lessee to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance with the terms of the Work Letter as though such construction of improvements were the initial construction of the Tenant Lessee Improvements. Neither Lessor nor Lessee shall not be liable for any inconvenience or annoyance to Lessee or its visitors, or injury to Lessee'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 Lessee's occupancy. , Lessor shall allow Lessee a proportionate abatement of Rent, Rent to the extent Lessor is reimbursed from the proceeds of rental interruption insurance purchased by Lessor as a Basic Cost during the time and to the extent the Premises are materially damaged and unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied by Lessee as a result thereof, provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Lessee to conduct its operations therefrom. Lessor shall allow Lessee a total abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's business, and not occupied by Lessee as a result of the subject damage.

Repair of Damage to Premises by Lessor. Lessee shall promptly -------------------------------------- notify Lessor of any damage to the Premises or Building of which Lessee is aware resulting from fire or any other casualty or condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 10casualty. If the Premises or any common areas of the Building Common Areas 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. , Lessor shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Lessor's reasonable control, and subject to all other terms of this Article 10Paragraph 9, restore the base, shell, and core of the Premises Lessor's Property and such common areas Common Areas to substantially the same condition as existed prior to the casualty, expect except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Industrial Center or any other modifications to the common areas Common Areas deemed desirable by Lessor, provided that access to the Premises and any common restrooms serving the Premises number of Lessee's parking spaces shall not be materially impaired. Notwithstanding any other provision of this Lease, upon the occurrence of any damage to the Premises, Lessee may shall assign to Lessor (or to any party designated by Lessor) all insurance proceeds payable (and/or paid to Lessee) under physical damage and property damage insurance policies maintained by Lessee under with respect to damage to the Lessee's insurance required under this Lease-Owned Alterations and Utility Installations of the Premises, and along with the proceeds received by Lessor from the Tenant Improvement Insurance. Lessor shall repair any injury or damage to the Tenant Improvements installed Lessee-Owned Alterations and Utility Installations of the Premises; provided that if the cost to repair the Lessee-Owned Alterations and Utility Installations exceeds the amount of insurance proceeds actually received by Lessor from Lessee's insurance carrier, as assigned by Lessee, plus the amount of insurance proceeds received by Lessor from Lessor's insurance carrier to the extent allocable to the Lessee-Owned Alterations and Utility Installations, Lessee shall provide to Lessor the remaining costs to repair the Lessee-Owned Alterations and Utility Installations on a progress-payment basis during Lessor's repair of the damage. Notwithstanding the foregoing, Lessee shall be solely responsible, at Lessee's sole cost and expense, for repairing and restoring Lessee's Trade Fixtures and personal property in the Premises and shall return such Lessee Improvements to their original conditionPremises. In connection with such repairs and replacements. replacements of the Lessee-Owned Alterations and Utility Installations, Lessee shall, prior to the commencement of construction, submit to Lessor Lessor, for Lessor's review and approval, all plans, specifications and working drafts drawings relating thereto, and Lessor shall reasonably approve select the contractors selected by Lessee to perform such improvement work. Such submittal of plans and construction of improvements Lessor shall be performed in substantial compliance with the terms of the Work Letter as though such construction of improvements were the initial construction of the Tenant Improvements. Neither Lessor nor Lessee shall not be liable for any inconvenience or annoyance to Lessee or its visitors, or injury to Lessee'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 Lessee's occupancy. , and if such damage is not the result of the reckless acts or willful misconduct of Lessee or Lessee's employees, contractors, licensees or invitees, Lessor shall allow Lessee a proportionate abatement of RentBase Rent and Lessee's Share of Common Area Operating Expenses, during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied by Lessee as a result thereof, ; provided, further, if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Lessee to conduct its business operations from such remaining portion and Lessee does not conduct its business operations therefrom. , and if such damage is not the result of the reckless acts or willful misconduct of Lessee or any of Lessee's employees, contractors, licensees or invitees, Lessor shall allow Lessee a total abatement of Base Rent and Lessee's Share of Common Area Operating Expenses during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied by Lessee as a result of the subject damage.

Repair of Damage to Premises by Lessor. Lessee shall promptly -------------------------------------- notify Lessor of any damage to the Premises resulting from fire or any other casualty or condition existing in the Premises as a result of a fire or other casualty that would give rise to the terms of this Article 10. If the Premises or any common areas of the Building 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. , Lessor shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Lessor's ’s reasonable control, and subject to all other terms of this Article 10Section 15, restore the base, shell, Premises and core the common areas of the Premises and such common areas Project serving or providing access to the Premises. Such restoration shall be to substantially the same condition as existed of the Project, the Premises, and common areas prior to the casualty, expect except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or any other modifications to the common areas deemed desirable by Lessorlaws, provided access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Notwithstanding any other provision of this Lease, upon Upon the occurrence of any damage to the Premises, Lessee may assign to Lessor (or to any party designated by Lessor) all insurance proceeds payable to Lessee under Lessee's insurance required under this Lease, and along with the proceeds received by Lessor from the Tenant Improvement Insurance. Lessor shall repair any injury or damage to the Tenant Improvements and alterations installed in the Premises pursuant to Section 12, and shall return such Lessee Tenant Improvements and alterations to their original condition. In connection with such repairs and replacements. , Lessee shall, prior to the commencement of construction, submit to Lessor for Lessor's ’s review and approval, all plans, specifications and working drafts drawings relating thereto, and Lessor shall reasonably approve select the contractors selected by Lessee to perform such improvement work. Such submittal of plans and construction of improvements shall be performed in substantial compliance work with the terms input of the Work Letter as though such construction of improvements were the initial construction of the Tenant ImprovementsLessee. Neither Lessor nor Lessee shall not be liable for any inconvenience or annoyance to Lessee or its visitors, or injury to Lessee'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 Lessee's ’s occupancy. , Lessor shall allow Lessee a proportionate abatement of Rent, Rent during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied by Lessee as a result thereof, ; provided, furtherhowever, that if the Premises is damaged such that the remaining portion thereof is not sufficient to allow Lessee to conduct its business operations from such remaining portion and Lessee does not conduct its business operations therefrom. , Lessor shall allow Lessee a total abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the normal conduct of Lessee's businesspurposes permitted under this Lease, and not occupied by Lessee as a result of the subject damage.