Restoration by Landlord. If there shall be a partial taking and this Lease shall continue as to the remaining balance of the Demised Premises, Landlord, at its own expense and as promptly as practicable, shall restore the remaining building and land as nearly as may be practicable to their former condition.
Restoration by Landlord. If, at any time during the Term, the Project or the Premises are damaged or destroyed by a fire or other insured casualty (“Casualty”), Landlord shall notify Tenant within 60 days after discovery of such Casualty as to the amount of time Landlord reasonably estimates it will take to restore the Project or the Premises, as applicable (the “Restoration Period”). If the Restoration Period is estimated to exceed 12 months (the “Maximum Restoration Period”), Landlord may, in such notice, elect to terminate this Lease as of the date that is 75 days after the date of discovery of such damage or destruction; provided, however, that notwithstanding Landlord’s election to restore, Tenant may elect to terminate this Lease by written notice to Landlord delivered within 5 business days of receipt of a notice from Landlord estimating a Restoration Period for the Premises longer than the Maximum Restoration Period. Unless either Landlord or Tenant so elects to terminate this Lease, upon receipt of sufficient insurance proceeds, Landlord shall promptly restore the Premises (excluding the improvements installed by Tenant or by Landlord and paid for by Tenant unless covered by the insurance Landlord maintains as an Operating Expense hereunder, in which case such improvements shall be included, to the extent of such insurance proceeds, in Landlord’s restoration), subject to delays arising from the collection of insurance proceeds, from Force Majeure events or as needed to obtain any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any Governmental Authority having jurisdiction over the use, storage, handling, treatment, generation, release, disposal, removal or remediation of Hazardous Materials (as defined in Section 30 hereof) in, on or about the Premises (collectively referred to herein as “Hazardous Materials Clearances”); provided, however, that if repair or restoration of the Premises is not substantially complete as of the end of the Maximum Restoration Period or, if longer, the Restoration Period, Landlord may, in its sole and absolute discretion, elect not to proceed with such repair and restoration, or Tenant may by written notice to Landlord delivered within 5 business days of the expiration of the Maximum Restoration Period or, if longer, the Restoration Period, elect to terminate this Lease, in which event Landlord shall be relieved of its obligation to make such repairs or restoration and this Lease...
Restoration by Landlord. If there is a taking of all or any portion of the Premises and this Lease is continued, then Landlord shall, to the extent of the available takings award, proceed with reasonable diligence to repair, replace and restore the Premises as a complete architectural unit of substantially the same proportionate usefulness, design and construction existing immediately prior to the date of taking.
Restoration by Landlord. If the whole or any part of the Premises or Building shall, during the Term, be damaged or destroyed by fire or other casualty, or any portion of the Premises be Taken, and this Lease is not terminated pursuant to the terms hereof, Landlord shall, to the extent of insurance proceeds or award received by Landlord, repair, restore and/or rebuild the Premises and or Building substantially to the condition and character existing as of the Commencement Date. In no event shall Landlord be required to repair or replace any Personalty.
Restoration by Landlord. If Landlord makes the Restoration at the Condominium Association’s expense, as provided in Section 11.1(e) hereof, then Depositary shall pay over the Restoration Funds to Landlord, upon request, to the extent not previously paid to the Condominium Association pursuant to this Section 11.2, and the Condominium Association shall pay to Landlord, within seven (7) Business Days after demand, any sums in excess of the portion of the Restoration Funds received by Landlord necessary to complete the Restoration. Upon completion of the Restoration, Landlord shall deliver to the Condominium Association a certificate setting forth the expenditures made by Landlord for such Restoration and Landlord shall pay to the Condominium Association any amount of Restoration Funds received by Landlord in excess of the amount necessary to complete the Restoration.
Restoration by Landlord. If there is a taking hereunder and ------------------------ this Lease is continued, Landlord shall, at its expense, proceed with reasonable diligence to repair, alter and restore the Building as a complete architectural unit of substantially the same proportionate usefulness, design and construction existing immediately prior to the date of taking.
Restoration by Landlord. If the Premises shall be damaged by fire or other casualty, Landlord shall use available insurance proceeds to repair the Premises, except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishings, fixtures or equipment, or any alterations or improvements installed by or for Tenant, and Landlord's obligations shall be subject to any governmental requirements or requirements of any Lender and such Lender's right to control, apply or withhold such insurance proceeds. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to Xxxxxx's business resulting in any way from such damage or the repair thereof.
Restoration by Landlord. If the Premises shall be damaged by fire or other casualty, Landlord shall use available insurance proceeds to repair the Premises to the condition as exists on the Commencement Date, except that Landlord shall not be required to repair or replace any of Tenant’s furniture, furnishings, fixtures or equipment, or any alterations or improvements by Tenant after the Commencement Date unless insurance proceeds are payable on account of same. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant’s business resulting in any way from such damage or the repair thereof.
Restoration by Landlord. In the event of any taking of less than the whole of the Premises which does not result in a termination of this Lease, Landlord, at its expense, to the extent feasible shall proceed with reasonable diligence to repair, alter and restore (i) the 20 4312031 v7-078791002
Restoration by Landlord. In the event the Premises, or access to them, are wholly or partially destroyed by fire or other casualty covered by the form of fire and extended coverage insurance maintained by Landlord, Landlord shall rebuild, repair or restore the Premises and access thereto to substantially the same condition as the same were in prior to such casualty, excluding Non-Building Standard Work and Materials and improvements installed by Tenant, and this Lease Shall continue in full force and effect. Provided, however, Landlord may elect, by written notice to Tenant within thirty (30) days after such casualty, to terminate this Lease in lieu a restoring the Premises if: (a) the Building is damaged or destroyed to the extent of more than twenty-five percent (25%) of its replacement cost; (b) the Building is damaged or destroyed by a casualty not covered by such insurance; (c) the damage is such that the Premises cannot be repaired and restored within 120 days after the casualty; or (c) the damage occurs during the last twelve (12) months of the Lease Term or any extension thereof; or (d) laws and governmental regulations as of the date of the proposed restoration do not permit or unreasonably restrict such restoration. Either party may terminate this Lease if Landlord is delayed or prevented from completing repairs or restoration to the damaged Premises within six (6) months after occurrence of the casualty as result of any cause described in Section 16.3 ("Force Majeure"), by written notice to the other party within fifteen (15) days after expiration of the end of said six-month period. Tenant waives the provisions of California Civil Code Section 1932, Subsection 2, and Section 1933, Subsection 4.
