Common use of REPAIRS AND RESTORATION Clause in Contracts

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in In the event of any Total Loss or Partial Loss (collectively, "Loss"), other than a Total Loss which, in the damage or destruction good faith judgment of the chief executive officer of Lessee renders the repair and restoration of the Leased PremisesProperty impractical or uneconomical including, Landlord forthwith shall proceed to repairwithout limitation, restore, replace or rebuild any condemnation of the Leased Premises Property resulting in the taking of all or substantially all of the Leased Property (excluding Tenant's leasehold improvementscollectively, a "Complete Taking"), to substantially then: (i) the condition Lessee and ADESA shall repair and restore the Leased Property such that the Leased Property as so repaired and restored is, in which the good faith judgment of the chief executive officer of Lessee adequate and appropriate for the conduct of an automobile auction and ancillary business of at least the same were type, quality and scale as that conducted by the Lessee on the Leased Property immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond Loss; (ii) the reasonable control of Landlord . Notwithstanding the foregoingAvailable Proceeds, if Landlord does not either obtain a building permit within ninety (90) days any, with respect to such Loss, if any, shall be disbursed by the Trustee as provided for in Section 6.3 of the date Indenture; (iii) the inadequacy of the Available Proceeds to fund the cost of any such repairs or restoration shall not diminish the obligation of the Lessee and ADESA to make such repairs or restoration, which obligation is unconditional and absolute; and (iv) upon completion of such damage or destruction, or complete such repairs, rebuilding or repairs and restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months at all times during the conduct of such damage or destructionrepairs and restoration, then Tenant may at any time thereafter cancel the Lessor and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant its representatives may, during said ninety upon three (903) day periodbusiness days' notice to Lessee, apply for inspect the same Leased Property and Landlord the progress of the restoration and rebuilding of the Improvement and the Land. All reasonable and documented out-of-pocket costs of such inspections incurred by Lessor and the Lender will be paid by Lessee promptly after written request. No such inspection shall cooperate unreasonably interfere with Tenant in TenantLessee's applicationoperations or the operations of any other occupant of the Leased Property. Notwithstanding None of the foregoing, if inspecting parties shall have any duty to make any such inspection or inquiry and none of the inspecting parties shall incur any liability or obligation by reason of not making any such inspection or inquiry. None of the inspecting parties shall incur any liability or obligation by reason of making any such inspection or inquiry unless and to the extent such inspecting party causes damage to the Leased Property or destruction shall occur any property of Lessee or any other Person during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice course of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arisinginspection.

REPAIRS AND RESTORATION. Landlord Xxxxxxxx agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord Xxxxxxxx thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunderxxxxxxxxx, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety ten (9010) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions within two (a), (b) and (c) in Section 1 of Article XIII within nine (92) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety ten (9010) days written notice thereof to Landlord Landlord, or, in the alternative, Tenant may, during said ninety ten (9010) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five fifty (2550%) percent ] or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty ten (3010) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord Xxxxxxxx agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in the event of ----------------------- the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.in

REPAIRS AND RESTORATION. Landlord agrees that in (a) In the event of a taking in respect of which Tenant shall not have the damage or destruction right to elect to terminate this Lease or, having such right, shall not elect to terminate this Lease, this Lease and the term hereof shall continue in full force and effect and Landlord, at Landlord's sole cost and expense, forthwith shall restore the Demised Premises, including any and all improvements made thereto, together with the remaining portions of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements)parking areas, to an architectural whole in substantially the same condition in which that the same were immediately in prior to such damage or destructiontaking. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days A just proportion of the date Base Rent, Tenant's Proportionate Share of the Operating Expenses and all other charges payable by Tenant hereunder, according to the amount of floor area taken, shall be suspended or abated until the completion of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), thereafter the such charges hereunder shall be reduced in proportion to the rentable square footage of the Demised Premises remaining after said taking. (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction taking shall occur during the last year five (5) years of the term of this Lease, or during any renewal term, and shall restoration would amount to twentyone-five third (25%1/3) percent or more of the replacement cost, cost of the Building (exclusive of the land and foundationsfoundation), this Lease, except as hereinafter provided in Section 3 of Article XV, Lease may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within by no later than thirty (30) days after possession shall have been taken by the occurrence of such damage or destructiontaking authority. Upon termination, termination as aforesaid, aforesaid by either party hereto, this Lease and the term thereof hereof shall cease and come to an end, end and any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, Tenant and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arisingarising under this Lease.

REPAIRS AND RESTORATION. (a) Landlord agrees that in the event of the damage or destruction of the Leased Demised Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding TenantDemised Premises, including any improvements made thereto by or on behalf of Tenant and insured under Landlord's leasehold improvements)policy of insurance, to substantially the same condition as the Demised Premises were in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion , without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either (i) obtain a building Building permit for the repairs, rebuilding or restoration required hereunder within ninety sixty (9060) days of the date of such damage or destruction, ; or (ii) substantially complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 3 of this Article XIII within nine one hundred twenty (9120) months days of such damage or destruction, then in either event Tenant may at any time thereafter cancel and terminate this Lease by sending ninety thirty (9030) days written notice thereof to Landlord, except, however, said notice of cancellation shall not be effective if Landlord , or, in the alternative, Tenant may, during within said ninety thirty (9030) day periodperiod shall obtain such permit or complete and comply as aforesaid, apply for as the same and Landlord shall cooperate with Tenant in Tenant's application. case may be. (b) Notwithstanding the foregoing, if such damage or destruction shall occur during the last year five (5) years of the term of this Lease, or during any renewal term, and shall amount to twentyone-five third (25%1/3) percent or more of the replacement cost, cost of the Building (exclusive of the land and foundationsfoundation), this Lease, except as hereinafter provided in Section 3 of Article XV, Lease may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, termination as aforesaid, aforesaid by either party hereto, this Lease and the term thereof hereof shall cease and come to an end, end and any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, Tenant and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arisingarising under this Lease.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days 90)days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XVprovided, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's ’s leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) 90 days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) six months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) 15 days written notice thereof to Landlord Landlord, or, in the alternative, Tenant may, during said ninety (90) 15 day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's ’s application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent ] or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) 15 days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the ----------------------- damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 I of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord Landlord, or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) [NUMBER] days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) [NUMBER] months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) [NUMBER] days written notice thereof to Landlord Landlord, or, in the alternative, Tenant may, during said ninety (90) [NUMBER] day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25[%) percent ] or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) [NUMBER] days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of to the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or substantially complete such repairs, rebuilding or restoration and comply with conditions within two (a), (b) and (c) in Section 1 of Article XIII within nine (92) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety thirty (9030) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's applicationLandlord. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five fifty (2550%) percent or more of the replacement costcost of the Leased Premises, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, Lease may be terminated at the election of either Landlord or Tenant (except this option shall not be available to Tenant if the destruction or damage is a result of a result of the willful misconduct or negligence on the part of Tenant or Tenant’s agents, employees or invitee) provided that notice of such election shall be sent by the party Party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party Party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and any payments due to the parties Landlord by tenant shall be released hereunder, each to the other, from all liability immediately made and obligations hereunder thereafter arisingthis Lease shall terminate.

REPAIRS AND RESTORATION. Landlord Xxxxxxxx agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace replace, or rebuild the Leased Premises (excluding Tenant's ’s leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding rebuilding, or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease Agreement by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's applicationLandlord. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this LeaseLease Agreement, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this LeaseLease Agreement, except as hereinafter provided in Section 3 of Article XVXIII, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease Agreement and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arisingarising under the lease.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's ’s leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's ’s application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.

REPAIRS AND RESTORATION. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising.. ARTICLE XV -