Common use of Restoration and Repair Clause in Contracts

Restoration and Repair. In the event that the Improvements and/or Personalty shall be destroyed or damaged in whole or in part by fire or any cause whatsoever ("Casualty"), Tenant shall give Landlord immediate notice thereof and shall repair, reconstruct or replace the Improvements and/or Personalty, or the portion thereof so destroyed or damaged (whichever is reasonably required), at least to the extent of the value and character thereof existing immediately prior to such occurrence, and in accordance with Legal Requirements. All work shall be started as soon as practicable and completed at Tenant's sole cost and expense. Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof) does not constitute a nuisance or otherwise presents a health or safety hazard. Tenant shall continue to pay all Rent without abatement. Notwithstanding the foregoing, in the event that a period of two (2) years or less remains on the Term, Tenant may elect to terminate this Lease upon the occurrence of a Casualty in which the Property as a whole is rendered Unsuitable for its Intended Use by Notice to Landlord within thirty (30) days following the date of such Casualty which termination shall be effective on the last day of the calendar month in which such Notice is given. Upon such termination Tenant shall assign all insurance proceeds for such damage or destruction to Landlord and any applicable Facility Mortgagee.

Restoration and Repair. In the event that during the Initial ---------------------- Term the Improvements and/or Personalty shall be destroyed or damaged in whole or in part by fire or any cause whatsoever ("Casualty"), Tenant shall give Landlord immediate notice thereof and shall repair, reconstruct or replace the Improvements and/or Personalty, or the portion thereof so destroyed or damaged (whichever is reasonably required), at least to the extent of the value and character thereof existing immediately prior to such occurrence, and in accordance with Legal Requirements. All work shall be started as soon as practicable and completed at Tenant's sole cost and expense. Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property Premises (or any portion thereof) does not constitute a nuisance or otherwise presents a health or safety hazard. Tenant shall continue to pay all Rent and additional charges due hereunder without abatement. Notwithstanding the foregoing, in the event that a period of two (2) years or less remains on the Term of this Lease and the Tenant has not given Landlord notice of its intent to renew the Lease for a Renewal Term, Tenant Landlord may elect to terminate this the Lease upon the occurrence of a Casualty in which the Property as a whole is rendered Unsuitable for its Intended Use by Notice to Landlord within thirty more than eighty percent (3080%) days following the date of such Casualty which termination shall be effective on the last day of the calendar month value of the Improvements and/or Personalty is damaged or destroyed and, in which such Notice is given. Upon such termination case, Tenant shall assign all insurance proceeds for such damage or destruction to Landlord and any applicable Facility MortgageeLandlord.