Common use of Repair of the Premises Clause in Contracts

Repair of the Premises. If the cost of repair of any Casualty is covered under one or more of the insurance policies Landlord is required herein to provide, then, Landlord shall restore the base core and shell of the Premises to its condition prior to the Casualty and repair and/or replace the Improvements previously installed in the Premises, to a maximum of $35.00 per usable square foot. Tenant shall have the option to either, at Tenant's sole expense, complete the balance of repairs needed to restore the Improvements contained in the Premises to their condition prior to the Casualty or to continue Tenant's normal business operations in the Premises in the condition to which Landlord has so restored the Improvements. If Landlord has elected to complete repairs to the Premises, and has not elected to terminate this Lease, as specified in Section 12.3, then Landlord shall complete such repairs within the Repair Period, in a manner, and at times, which do not unreasonably interfere with Tenant's use of that portion of the Premises remaining unaffected by the Casualty. Provided Landlord has elected to make the repairs required hereunder, this Lease shall not be void or voidable during the Repair Period, nor shall Landlord be deemed to have constructively evicted Tenant thereby, nor shall Landlord be liable for any inconvenience or annoyance to Tenant or Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, or for injury to the business of Tenant resulting in any way from such Casualty, or from Landlord's undertaking of such repairs in accordance with the terms of this Lease.

Repair of the Premises. If the cost of repair Tenant shall promptly notify Landlord in writing (a "Damage Notice") of any Casualty casualty event, damage or condition to which this Article 12 is covered under one or more may be applicable. Landlord shall, within a reasonable time after the discovery by Landlord of any damage resulting from any casualty event ("Casualty"), subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 12, notify Tenant of Landlord's good faith best estimate of the insurance policies Landlord is time required to repair such damage in the manner described herein to provide("Landlord's Repair Notice"), thenprovided that, in all events, Landlord shall restore must deliver Landlord's Repair Notice no later than sixty (60) days after the base core and shell date of the Premises Casualty. Landlord shall thereafter begin to its condition prior repair the damage to the Project and the Premises resulting from such Casualty and repair and/or replace the Improvements previously installed in the Premises, to a maximum of $35.00 per usable square foot. Tenant shall have the option to either, at Tenant's sole expense, complete the balance of repairs needed proceed with reasonable diligence to restore the Improvements contained in the Project and Premises to their substantially the same condition prior as existed immediately before such Casualty, except for modifications required by applicable Laws or covenants, conditions and restrictions, and modifications to the Casualty Building or to continue Tenant's normal business operations the Project deemed reasonably desirable in the Premises in the condition to which good faith by Landlord; provided, however, that Landlord has so restored the Improvements. If Landlord has elected to complete repairs to the Premises, and has not elected to terminate this Lease, as specified in Section 12.3, then Landlord shall complete such repairs within the Repair Period, in a manner, and at times, which do not unreasonably interfere with Tenant's use of that portion of the Premises remaining unaffected by the Casualty. Provided Landlord has elected to make the repairs required hereunder, this Lease shall not be void required to repair or voidable during replace any of the Repair PeriodAlterations, nor furniture, equipment, fixtures, and other improvements which may have been placed by, or at the request of, Tenant or other occupants in the Project or the Premises other than those Tenant Improvements constructed by Landlord pursuant to the Work Letter. Landlord shall Landlord be deemed to have constructively evicted Tenant thereby, nor shall Landlord be liable no liability for any inconvenience or annoyance to Tenant or injury to Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, or for injury to the business as a result of Tenant resulting in any way from such Casualty, or from Landlord's undertaking Restoration (defined in Section 12.2) activities hereunder, regardless of the cause therefor. Base Rent, and Additional Rent payable under Article 4, shall xxxxx if and to the extent a Casualty damages the Premises and as a result thereof all or any material portion of the Premises are rendered unfit for occupancy, and are not occupied by Tenant, for the period of time commencing on the date Tenant vacates the portion of the Premises affected on account thereof and continuing until the date the Restoration to be performed by Landlord hereunder with respect to the Premises is substantially complete, as determined by Landlord's architect; provided, however, that such abatement shall be limited to the proceeds of rental interruption insurance proceeds with respect to the Premises and such Casualty collected by 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 this Lease with respect to the leasehold improvements in the Premises, provided that if the cost of Restoration of improvements in the Premises by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of repairs to such improvements shall be paid by Tenant to Landlord prior to Landlord's repair of the damage, or at Landlord's election, at any later time following Landlord's discovery of any insufficiency of such repairs in accordance with the terms of this Leaseinsurance proceeds.

Repair of the Premises. If Lessor shall warrant the cost Lessor's work for the greater of repair (i) one (1) year from the Delivery Date or (ii) the period of any Casualty time that such work is covered under one or more of the insurance policies Landlord is required herein to provide, then, Landlord shall restore the base core and shell of the Premises to its condition prior to the Casualty and repair and/or replace the Improvements previously installed in the Premises, to a maximum of $35.00 per usable square footby warranty. Tenant shall have agrees that, thereafter as to Lessor's Work and during the option Lease Term as to eitheritems not part of Lessor's Work, at Tenant's sole expenseexcept as otherwise provided in this Article 10, complete the balance of repairs needed to restore the Improvements contained in the Premises to their condition prior to the Casualty or to continue Tenant's normal business operations in the Premises in the condition to which Landlord has so restored the Improvements. If Landlord has elected to complete it will perform all necessary non-structural interior repairs to the Premises, including repair or replacement of damaged or broken doors and has windows and routine maintenance of the heating, ventilating, air-conditioning, plumbing, gas, electrical and similar systems which are located in and exclusively the Premises. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant shall not elected be required to terminate make any repairs which are the responsibility of Lessor pursuant to this Article 10 or elsewhere under this Lease. As and to the extent specified herein and to the extent not caused by Tenant's negligent or willful act or omission, as specified in Section 12.3Lessor shall (i) make all structural repairs to the Premises, then Landlord shall complete such repairs within whether interior or exterior, keep the Repair Period, in a mannerPremises watertight, and at timesshall repair, replace and maintain in good condition the exterior of the Premises including without limitation the slab, roof, walls, foundations, gutters, utility lines from the point of connection to the Premises to the main line, and downspouts; (ii) make all necessary replacements of obsolete or unrepairable heating, ventilation, air conditioning, plumbing, gas, electrical and other systems and components thereof which do service all or any part of the Premises; (iii) make all repairs to the Premises necessitated by fire, casualty or the elements as provided in Article 19; and (iv) make any repairs to the Premises necessitated by any neglect, fault or default of Lessor, its agents, employees or contractors. In performing its obligations under this Article 10, Lessor shall not unreasonably interfere with Tenant's use normal business operations. If Lessor fails to undertake and complete the repairs required under this Article 10 or elsewhere under this Lease within a reasonable time after written notice from Tenant, Tenant shall have the right to make such repairs on behalf of Lessor and, if the reasonable cost thereof, plus five percent 5% of such cost to cover its overhead and administrative costs is not paid by Lessor within thirty (30) days of billing thereof (together with invoice(s) for same), Tenant may deduct same from the fixed rent and other charges otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Lessor agrees that portion in the event of an emergency which necessitates prompt maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired to replaced by Lessor, and Tenant is unable to contact Lessor and advise it of such emergency condition, Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Lessor agrees to reimburse Tenant for the cost of such repairs, plus five percent (5%) of such cost for Tenant's overhead and administrative costs, on demand. If Lessor does not reimburse Tenant within 60 days of written demand and submission of proof of expenditure, then Tenant may deduct such amount from the fixed rent and other charges otherwise payable hereunder. If at any time during the term of this Lease or any extension thereof any governmental agency or other authority with jurisdiction over the Premises requires structural modification or repairs of the Premises remaining unaffected which are necessitated by reasons other than Tenant's peculiar use of the Casualty. Provided Landlord has elected to make Premises, all such repairs, alterations, and additions or remodeling shall be at Lessor's sole cost and expense; provided however, if (i) the repairs repair, alteration or remodelling is so required hereunder, this Lease shall not be void or voidable during the Repair Periodlast twenty four (24) months of the Lease Term; or (ii) if at any time during the Lease Term, nor shall Landlord be deemed to have constructively evicted Tenant therebythe cost of same would exceed one hundred twenty percent (120%) of one month's fixed rent, nor shall Landlord be liable for any inconvenience at the time or annoyance to Tenant or Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, or for injury to (iii) if same occurs during the business of Tenant resulting in any way from such Casualty, or from Landlord's undertaking of such repairs in accordance with the terms of this Lease.Initial Term and

Repair of the Premises. If the cost of repair Tenant shall promptly notify Landlord in writing (a “Damage Notice”) of any casualty event, damage or condition to which this Article 16 is or may be applicable. Landlord shall, within a reasonable time after the discovery by Landlord of any damage resulting from any casualty event (“Casualty”), subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, and subject to all other terms of this Article 16, begin to repair the damage to the Premises resulting from such Casualty is covered under one or more of the insurance policies Landlord is required herein and shall proceed with reasonable diligence to provide, then, Landlord shall restore the base core and shell of the Premises to its substantially the same condition prior as existed immediately before such Casualty, except for modifications required by Applicable Laws or covenants, conditions and restrictions, and modifications to the Casualty Premises deemed desirable in good faith by Landlord; provided, however, that Landlord shall not be required to repair or replace any of the Alterations, furniture, equipment, fixtures, and repair and/or replace other improvements which may have been placed by, or at the Improvements previously installed request of, Tenant or other occupants in the Premises, to a maximum of $35.00 per usable square foot. Tenant Landlord shall have the option to either, at Tenant's sole expense, complete the balance of repairs needed to restore the Improvements contained in the Premises to their condition prior to the Casualty or to continue Tenant's normal business operations in the Premises in the condition to which Landlord has so restored the Improvements. If Landlord has elected to complete repairs to the Premises, and has not elected to terminate this Lease, as specified in Section 12.3, then Landlord shall complete such repairs within the Repair Period, in a manner, and at times, which do not unreasonably interfere with Tenant's use of that portion of the Premises remaining unaffected by the Casualty. Provided Landlord has elected to make the repairs required hereunder, this Lease shall not be void or voidable during the Repair Period, nor shall Landlord be deemed to have constructively evicted Tenant thereby, nor shall Landlord be liable no liability for any inconvenience or annoyance to Tenant or Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, or for injury to the Tenant’s business as a result of Tenant resulting in any way from such Casualty, or Landlord’s Restoration (defined in Section 16.2) activities hereunder, regardless of the cause therefor. Base Rent and Additional Rent shall xxxxx if and to the extent a Casualty damages the Premises and as a result thereof all or any material portion of the Premises are rendered unfit for occupancy, and are not occupied by Tenant, for the period of time commencing on the date Tenant vacates the portion of the Premises affected on account thereof and continuing until the date the Restoration to be performed by Landlord hereunder with respect to the Premises is substantially complete, as determined by Landlord’s architect; provided, however, that such abatement shall be limited to the proceeds of rental interruption insurance proceeds with respect to the Premises and such Casualty collected by 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 this Lease with respect to the leasehold improvements in the Premises, provided that, if the cost of Restoration of improvements in the Premises by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of repairs to such improvements shall be paid by Tenant to Landlord prior to Landlord's undertaking ’s repair of the damage, or at Landlord’s election, at any later time following Landlord’s discovery of any insufficiency of such repairs in accordance with the terms of this Leaseinsurance proceeds.

Repair of the Premises. If the cost of repair Tenant will promptly notify Landlord in writing (a “Damage Notice”) of any Casualty event, damage, or condition to which this Article is covered under one or more may be applicable. Landlord will, within a reasonable time after the discovery by Landlord of any damage, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, and subject to all other terms of this Article, begin to repair the insurance policies Landlord is required herein to provide, then, Landlord shall restore the base core and shell of the Premises to its condition prior damage to the Casualty Building for which Landlord has an obligation to maintain under this Lease, resulting from such damage and repair and/or replace the Improvements previously installed in the Premises, to a maximum of $35.00 per usable square foot. Tenant shall have the option to either, at Tenant's sole expense, complete the balance of repairs needed will proceed with reasonable diligence to restore the Improvements contained in Building to substantially the Premises to their condition prior as existed immediately before such damage, except for modifications required by applicable Laws or covenants, conditions, and restrictions, and modifications to the Casualty Building deemed desirable in good faith by Landlord. Landlord will not be required to repair or to continue Tenant's normal business operations in the Premises in the condition to which Landlord has so restored the Improvements. If Landlord has elected to complete repairs to the Premisesreplace any Alterations, furniture, equipment, fixtures, and has not elected to terminate other improvements that may, at any time, have been placed by, or at the request of, Tenant. Except as provided for in this Lease, as specified in Section 12.3, then Landlord shall complete such repairs within the Repair Period, in a manner, and at times, which do not unreasonably interfere with Tenant's use of that portion of the Premises remaining unaffected by the Casualty. Provided Landlord has elected to make the repairs required hereunder, this Lease shall not be void or voidable during the Repair Period, nor shall Landlord be deemed to will have constructively evicted Tenant thereby, nor shall Landlord be liable no liability for any inconvenience or annoyance to Tenant or injury to Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders’s business as a result of any damage, or for injury Landlord’s Restoration (defined in Section 12.2) activities hereunder, regardless of the cause therefor. Base Rent and Additional Rent, payable under Article 3, will xxxxx if and to the business extent damage which the Landlord is obliged to repair occurs to the Premises and as a result all or any material portion of Tenant resulting in any way from such Casualtythe Premises are rendered unfit for occupancy, and are not occupied by Tenant, or from Tenant cannot carry on the Permitted Use for its intended purposes, commencing on the date Tenant vacates the affected portion of the Premises and continuing until the date the Restoration to be performed by Landlord with respect to the Premises is substantially complete. Tenant will assign to Landlord (or to any party designated by Landlord's undertaking ) all insurance proceeds payable to Tenant under Tenant’s insurance required under this Lease with respect to the leasehold improvements in the Premises that are part of such repairs in accordance with the terms of this LeaseRestoration work.

Repair of the Premises. If the cost of repair Tenant shall promptly notify Landlord in writing (a "DAMAGE NOTICE") of any Casualty casualty event, damage or condition to which this Article 12 is covered under one or more may be applicable. Landlord shall, within a reasonable time after the discovery by Landlord of any damage resulting from any casualty event ("CASUALTY"), subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 12, begin to repair the insurance policies Landlord is required herein damage to provide, then, Landlord shall restore the base core Project and shell of the Premises to its condition prior to the resulting from such Casualty and repair and/or replace the Improvements previously installed in the Premises, to a maximum of $35.00 per usable square foot. Tenant shall have the option to either, at Tenant's sole expense, complete the balance of repairs needed proceed with reasonable diligence to restore the Improvements contained in the Project and Premises to their substantially the same condition prior as existed immediately before such Casualty, except for modifications required by applicable Laws or covenants, conditions and restrictions, and modifications to the Casualty Building or to continue Tenant's normal business operations the Project deemed desirable in the Premises in the condition to which good faith by Landlord; provided, however, that Landlord has so restored the Improvements. If Landlord has elected to complete repairs to the Premises, and has not elected to terminate this Lease, as specified in Section 12.3, then Landlord shall complete such repairs within the Repair Period, in a manner, and at times, which do not unreasonably interfere with Tenant's use of that portion of the Premises remaining unaffected by the Casualty. Provided Landlord has elected to make the repairs required hereunder, this Lease shall not be void required to repair or voidable during replace any of the Repair PeriodAlterations, nor furniture, equipment, fixtures, and other improvements which may have been placed by, or at the request of, Tenant or other occupants in the Project or the Premises. Landlord shall Landlord be deemed to have constructively evicted Tenant thereby, nor shall Landlord be liable no liability for any inconvenience or annoyance to Tenant or injury to Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, or for injury to the business as a result of Tenant resulting in any way from such Casualty, or from Landlord's undertaking Restoration (defined in Section 12.2) activities hereunder, regardless of the cause therefor. Base Rent and Additional Rent, payable under Article 4, shall xxxxx if and to the extent a Casualty damages the Premises and as a result thereof all or any material portion of the Premises are rendered unfit for occupancy, and are not occupied by Tenant, for the period of time commencing on the date Tenant vacates the portion of the Premises affected on account thereof and continuing until the date the Restoration to be performed by Landlord hereunder with respect to the Premises is substantially complete, as determined by Landlord's architect; provided, however, that such abatement shall be limited to the proceeds of rental interruption insurance proceeds with respect to the Premises and such Casualty collected by 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 this Lease with respect to the leasehold improvements in the Premises, provided that, if the cost of Restoration of improvements in the Premises by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant's insurance carrier, as assigned by Tenant, the cost of repairs to such improvements shall be paid by Tenant to Landlord prior to Landlord's repair of the damage, or at Landlord's election, at any later time following Landlord's discovery of any insufficiency of such repairs in accordance with the terms of this Leaseinsurance proceeds.

Repair of the Premises. If the cost of repair Tenant will promptly notify Landlord in writing (a “Damage Notice”) of any Casualty event, damage or condition to which this Article is covered under one or more may be applicable. Landlord will, within a reasonable time after the discovery by Landlord of any damage, subject to reasonable delays for insurance adjustment or other matters beyond Landlord’s reasonable control, and subject to all other terms of this Article, begin to repair the insurance policies Landlord is required herein damage to provide, then, Landlord shall restore the base core Building and shell of the Premises to its condition prior to the Casualty resulting from such damage and repair and/or replace the Improvements previously installed in the Premises, to a maximum of $35.00 per usable square foot. Tenant shall have the option to either, at Tenant's sole expense, complete the balance of repairs needed will proceed with reasonable diligence to restore the Improvements contained Building and Premises to substantially the condition as existed immediately before such damage, except for modifications required by applicable Laws or covenants, conditions and restrictions, and modifications to the Building deemed desirable in good faith by Landlord. Landlord will not be required to repair or replace any of the Alterations, furniture, equipment, fixtures, and other improvements that may have been placed by, or at the request of, Tenant or other occupants in the Premises to their condition prior to the Casualty Building or to continue Tenant's normal business operations in the Premises in the condition to which Landlord has so restored the Improvements. If Landlord has elected to complete repairs to the Premises, and has not elected to terminate this Lease, as specified in Section 12.3, then . Landlord shall complete such repairs within the Repair Period, in a manner, and at times, which do not unreasonably interfere with Tenant's use of that portion of the Premises remaining unaffected by the Casualty. Provided Landlord has elected to make the repairs required hereunder, this Lease shall not be void or voidable during the Repair Period, nor shall Landlord be deemed to will have constructively evicted Tenant thereby, nor shall Landlord be liable no liability for any inconvenience or annoyance to Tenant or injury to Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders’s business as a result of any damage, or for injury Landlord’s Restoration (defined in Section 13.2) activities hereunder, regardless of the cause therefor. Base Rent and Additional Rent, payable under Article 3, will axxxx if and to the business extent damage occurs to the Premises and as a result all or any material portion of the Premises are rendered unfit for occupancy, and are not occupied by Tenant, commencing on the date Tenant resulting vacates the affected portion of the Premises and continuing until the date the Restoration to be performed by Landlord with respect to the Premises is substantially complete. The abatement will be limited to the proceeds of rental interruption insurance proceeds with respect to the Premises and such damage collected by Landlord. Tenant will assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under this Lease with respect to the leasehold improvements in any way the Premises. If the cost of Restoration or improvements in the Premises by Landlord exceeds the amount of insurance proceeds received by Landlord from Tenant’s insurance carrier, as assigned by Tenant, the cost of repairs to such Casualtyimprovements will be paid by Tenant to Landlord prior to Landlord’s repair of the damage, or from at Landlord's undertaking ’s election, at any later time fol1owing Landlord’s discovery of any insufficiency of such repairs in accordance with the terms of this Leaseinsurance proceeds.