Common use of Restoration of Improvements Clause in Contracts

Restoration of Improvements. (a) In the event the Demised Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premises, but only to the extent of available insurance proceeds. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Premises, if any, that is unusable by Tenant in the conduct of its business. (b) If (1) the Demised Premises shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently covered by insurance or, even if covered by insurance, which cannot be restored to tenantable condition within 180 days after the casualty, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that substantial alteration, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s insurance, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or to terminate this Lease, effective upon giving notice of such election to the other within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstances. Landlord’s obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s leasehold improvements, fixtures, equipment, furniture, furnishings and personal property). Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such right.

Restoration of Improvements. (aA) In the event the Demised Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed promptly with reasonable diligence and at its sole cost and expense to repair the Demised Premises, but only to the extent of available insurance proceeds. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Monthly Fixed Rent shall be abated in proportion to the part of the Demised Premises, if any, that is unusable by Tenant in the conduct of its business. (bB) If (1) the Demised Premises shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently covered by insurance orwhich, even if covered by insurancein Landlord’s sole but reasonable judgment, which cannot be restored to tenantable condition within 180 one hundred eighty (180) days after the casualty, or (2) the Building shall be destroyed to the extent of one-quarter half or more of its then value or so damaged that that, in Landlord’s sole but reasonable judgment, substantial alteration, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s insurance, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or to terminate this Lease, effective upon giving notice of such election to the other Tenant within 30 thirty (30) days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstances. Landlord’s obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s leasehold improvements, fixtures, equipment, furniture, furnishings and personal property). Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (cC) If Landlord has either elected to or is required to restore the Demised Premises pursuant to this Article 12, then prior to commencing such restoration, Landlord’s architect shall determine how long it will take to restore the Demised Premises following the damage or destruction. If Landlord’s architect certifies that such restoration can be completed within such twelve (12) month period or such shorter period of time as is reasonable given the nature of the damage, then this Lease shall remain in full force and effect and Landlord shall exercise due diligence to complete such restoration and repair within such twelve (12) month period or such shorter period of time as is reasonable given the nature of the damage. If Landlord’s architect certifies that such restoration will take more than twelve (12) months from the date of damage or destruction, then Tenant shall have the option to terminate this Lease upon ten (10) days’ written notice given within twenty (20) days after receipt of such architect’s certificate. If Tenant does not timely exercise the foregoing right to terminate this Lease, the Lease shall remain in full force and effect; provided, however, if Landlord has not completed its restoration of the Demised Premises within thirty (30) days following such period of time Landlord’s architect reasonably relieves such repairs can be completed if less than twelve (12) months or fifteen (15) months following the damage or destruction if such repairs are estimated to take at least twelve (12) months, Tenant shall again have the option to terminate this Lease at the expiration of said thirty (30) day or fifteen (15) month period, as applicable, by notice given, if at all, within ten (10) days’ thereafter. If Tenant does not timely exercise the foregoing right to terminate this Lease, Tenant shall have no further right to terminate the Lease and Landlord shall use due diligence to complete the restoration as soon as reasonably practicable. (D) Section 1932(2) of the California Civil Code provides that the “hirer of a thing” may terminate upon partial or total destruction of the thing hired and Section 1933(4) provides that the “hiring of a thing” terminates by the destruction of the thing hired. Such statutes conflict with certain provisions of this Lease in Lease. Accordingly, Tenant waives any rights it has or could have under these statutes or similar or successor statutes. In the event of the such damage or destruction destruction, the rights, duties and obligations of the Demised Premises other than as set forth in this Section 12.2 and hereby waives parties shall be governed solely by the applicable provisions of any Applicable Law granting Tenant such rightthis Lease with respect thereto.

Restoration of Improvements. (a) In in the event the Demised Leased Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter providedprovided below, Landlord shall proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premises, but only to the extent of available insurance proceeds. Tenant shall promptlydiligence, at its sole cost and expense, remove to repair the Leased Premises. If such repairs cannot, in Landlord's sole determination, be made within 120 days after the occurrence of its furniture and such damage (without the payment of overtime or other belongings from the Demised Premises as premiums), Landlord shall require in order notify Tenant within 30 days after such casualty of the approximate length of time Landlord estimates will be required to repair complete such repairs, and restore either party may terminate this Lease by written notice to the Demised Premisesother within 15 days after Landlord notifies Tenant of the estimated time for completion of such repairs. Until any such repairs to the Demised Leased Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Leased Premises, if any, that is unusable by Tenant in the conduct of its businessbusiness (but there shall be no abatement of Fixed Rent by reason of any portion of the Leased Premises being unusable for a period of five business days or less). If the fire or other casualty is due to the negligence or misconduct of Tenant, its agents, employees, contractors, or invitees, there shall be no abatement of Fixed Rent, and Tenant shall be liable to Landlord for the amount by which the cost of such repairs exceeds the insurance proceeds received by Landlord or the amount of insurance proceeds that would have been received by Landlord had Landlord maintained the insurance required under this Lease, whichever is greater. If any deadline for the giving of any notice required from Landlord under this Section or for the completion of repairs is delayed because of (a) insurance settlement procedures, (b) failure of any mortgagees to agree to or approve the repair, changes, deletions or additions in construction requested by Tenant, or (c) strikes, lockouts, casualties, acts of God, war, material or labor shortages, government regulations or control or other causes beyond the control of Landlord, then the period for the giving of such notice or the completion of such repair shall be extended for the amount of time Landlord is so delayed. (b) If (1) the Demised Building or the Leased Premises shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently covered by or if insurance or, even if covered by insurance, which canproceeds from any insured casualty shall not be restored made available to tenantable condition within 180 days after Landlord by the casualtyholder of any mortgages affecting the Building, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that substantial alterationthen, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s insurance, then in either such event event, Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed either to rebuild and repair the Demised Building and the Leased Premises or to terminate this Lease, effective upon giving notice of such election election, in writing, to the other Tenant within 30 days after the occurrence of such casualty. HoweverWithout limiting the generality of the foregoing, notwithstanding anything the Building shall be deemed to have been substantially damaged if more than one-third of the rentable square feet of the Building (as stated In Article 1) has been damaged or destroyed or if the Building shall be so damaged that Landlord shall decide to demolish it. Damage to the contrary set forth aboveBuilding or the Leased Premises caused by a casualty not covered by Landlord's insurance shall be deemed substantial if the cost of repairing such damage will, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth aboveLandlord's sole determination, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstancesexceed $50,000. Landlord’s 's obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Leased Premises to substantially the condition in which they existed prior to the casualty (in casualty. In no event shall Landlord be required to repair any of Tenant’s 's leasehold improvements, fixtures, equipment, furniture, furnishings furnishings, and personal property). , and Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair repair, and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such right.

Restoration of Improvements. (a) In Mortgagor will promptly, regardless whether the event the Demised Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premises, but only to the extent of available insurance proceeds. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Premises, if any, that is unusable shall be sufficient for the purpose, restore, replace, rebuild or reinstall any part of the buildings, structures, Improvements, and equipment now or hereafter constructed, placed or installed on the Property, which may be damaged or destroyed by Tenant any casualty whatsoever. Any such restoration, replacement, rebuilding or reinstallation of such buildings, structures, Improvements, or equipment shall be promptly commenced and diligently pursued to completion, shall be as nearly as possible to their value, condition and character immediately prior to such casualty, and shall be in the conduct of its businessaccordance with plans and specifications, if any, approved by Mortgagee. (b) If (1) In the Demised Premises shall event that any portion of the Property is so damaged, destroyed or lost, and such damage, destruction or loss is covered, in whole or in part, by insurance required to be maintained pursuant to this Mortgage or the other Transaction Documents, then: (i) totally destroyed Mortgagee may, but shall not be obligated to, make proof of loss if not made promptly by Mortgagor, and, during the continuance of an Event of Default, is hereby authorized and empowered by Mortgagor to settle, adjust or substantially damagedcompromise any claims for damage, destruction or loss thereunder; (ii) partially destroyed or damaged by a casualty not sufficiently covered by each insurance orcompany concerned is hereby authorized and directed to make payment therefor directly to Mortgagee; and (iii) Mortgagee shall apply the insurance proceeds, even if covered by insurancefirst, which cannot be restored to tenantable condition within 180 days after reimburse Mortgagee for all reasonable costs and expenses, including adjustors’ and reasonable attorneys’ fees and disbursements, incurred in connection with the casualtycollection of such proceeds, or (2) and, second, subject to Applicable Law, the Building remainder of such proceeds shall be destroyed applied at Mortgagee’s option, in payment of all or any part of the obligations secured hereunder, in the order and manner determined by Mortgagee and whether or not the same may be due and payable (provided that, to the extent of one-quarter that any obligations shall remain outstanding after such application, such unpaid or more unperformed obligations shall continue in full force and effect, and Mortgagor shall not be excused in the payment or performance thereof) or held by Mortgagee as part of its security, or to the cure of any then value current Event of Default hereunder and, so long as there is no Event of Default, shall be subject to withdrawal by Xxxxxxxxx in installments on a cost to complete basis for the restoration, replacement, rebuilding or so damaged that substantial alterationreinstallation, demolition in whole or reconstruction in part, of the Building portion of the Property so damaged, destroyed or lost; provided, however, that any insurance proceeds held by Mortgagee to be applied to the restoration, replacement, rebuilding or reinstallation of the Property shall be requiredso held without payment or allowance of interest thereon, and shall be paid out from time to time upon compliance by Mortgagor with such provisions and requirements as may be reasonably imposed by Mortgagee, including Mortgagee’s receipt of appropriate certificates, opinions and other documents as required by Mortgagee, Mortgagee’s insurance consultant, and/or Mortgagee’s legal counsel. In the event that Mortgagor shall have received all or any portion of such insurance proceeds or any other proceeds in respect of such damage or destruction, Mortgagor, upon demand from Mortgagee, shall pay to Mortgagee an amount equal to the amount so received by Xxxxxxxxx, to be applied as Mortgagee shall have the right pursuant to clause (iii) of the immediately preceding sentence. Notwithstanding anything herein or at law or in equity to the contrary, none of the insurance proceeds or payments in lieu thereof paid to Mortgagee as herein provided shall be deemed trust funds, and Mortgagee shall be entitled to dispose of such proceeds as provided in this paragraph. Mortgagor expressly assumes all risk of loss, including a decrease in the use, enjoyment or value, of the Property, from any casualty whatsoever, whether or not covered by Landlord’s insurance, then in either such event Landlord insurable or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or to terminate this Lease, effective upon giving notice of such election to the other within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstances. Landlord’s obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s leasehold improvements, fixtures, equipment, furniture, furnishings and personal property). Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installationsinsured against. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such right.

Restoration of Improvements. (a) In the event of damage to or destruction of the Demised Improvements, then, within a reasonable period of time after the date of the damage or destruction, Tenant shall proceed to repair, restore, and replace the Improvements. The proceeds received from Tenant’s property insurance on the Premises and Improvements shall be placed in an escrow account and shall be applied exclusively to the costs of repairs and replacements. The escrow account shall be maintained by Landlord or by Tenant’s leasehold mortgagee, if required, and shall be disbursed during the course of the repairs. If the insurance proceeds are damaged by fire or other casualtyinsufficient to pay the costs of the repair work, Tenant shall pay any and all deficiency. Except as expressly provided to the contrary in this Lease, Landlord shallshall not be obligated to make any payment, unless this Lease is terminated as hereinafter provideddisbursement or contribution towards the cost of the repairs or replacements. If the proceeds exceed the cost of such work, proceed with reasonable diligence and at its sole cost and expense to repair Tenant may retain the Demised Premisesexcess, but only to except that, where any leasehold mortgage contains a contrary provision regarding the extent excess, such provision shall govern the application of available the excess insurance proceeds. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from Notwithstanding the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Premisesforegoing, if any, that is unusable by Tenant in the conduct of its business. (b) If (1) the Demised Premises shall be (i) totally destroyed such damage or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently covered by insurance or, even if covered by insurance, which cannot be restored to tenantable condition destruction occurs within 180 days after the casualty, or two (2) the Building shall be destroyed years prior to the extent of one-quarter or more of its then value or so damaged that substantial alteration, demolition or reconstruction end of the Building shall be required, whether or not covered by Landlord’s insuranceTerm, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or to terminate this Lease, effective upon giving notice of such election to the other within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in by giving Landlord written notice of the same within thirty (30) days following such circumstances. Landlord’s obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition damage or destruction, in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s leasehold improvements, fixtures, equipment, furniture, furnishings and personal property). Tenant agrees that, promptly after the completion all insurance proceeds by reason of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of shall be payable to Landlord. Promptly following any fire or other casualty damage to the Demised Premises Improvements, Tenant shall remove any debris or other than as set forth in this Section 12.2 and hereby waives materials that may interfere with or create a hazard with respect to the provisions of any Applicable Law granting Tenant such rightShopping Center.

Restoration of Improvements. (a) In the event the Demised Premises are Building is damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed with reasonable diligence and at its sole cost and expense to repair the Demised PremisesBuilding, but only to the extent of available insurance proceedsproceeds or, if Landlord fails to maintain the insurance required to be procured and maintained by Landlord pursuant to Section 10.1(b) above, which should have been available had Landlord procured and maintained such insurance. Tenant shall promptly, at its sole cost and expense, remove such of its furniture equipment and other belongings from the Demised Premises Building as Landlord shall require in order to repair and restore the Demised PremisesBuilding. Until any such repairs to the Demised Premises Building are completed, the Fixed Rent shall be abated in proportion to the part of the Demised PremisesBuilding, if any, that is unusable by Tenant in the conduct of its business. If the fire or other casualty is due to the negligence or misconduct of Tenant, its agents, employees, contractors or invitees, there shall be no abatement of Fixed Rent. (b) If (1) the Demised Premises Building shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently fully covered by insurance oror which, even if covered by insurancein Landlord's good faith reasonable judgment, which cannot be restored to tenantable condition within 180 days after the casualty, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that that, in Landlord's good faith reasonable judgment, substantial alteration, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s 's insurance, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises Building or to terminate this Lease, effective upon giving notice of such election to the other Tenant within 30 thirty (30) days after the occurrence of such casualty. HoweverIn either of such event, notwithstanding anything to the contrary set forth above, providing Tenant has if Landlord does not elected elect to terminate this Lease, Landlord shall notify Tenant within thirty (30) days following such casualty of Landlord's good faith estimate of the time Landlord expects it will take to complete such restoration. Within ten (10) business days following receipt of such notice, Tenant may elect to terminate this Lease or keep this Lease in accordance with the provisions set forth aboveeffect, and Landlord’s rental interruption insurance will provide benefits to in the latter case Landlord for the period of time which is required for Landlord shall proceed to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstanceswith due diligence. Landlord’s 's obligation to rebuild and repair under this Section 12.2 11.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s 's leasehold improvements, fixtures, equipment, furniture, furnishings and personal property)) and then only to the extent that insurance proceeds shall be sufficient to pay for such restoration or, if Landlord fails to maintain the insurance required to be procured and maintained by Landlord pursuant to Section 10.1(b) above, which should have been available had Landlord procured and maintained such insurance. Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such right.

Restoration of Improvements. (a) In the event the Demised Leased Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter providedprovided below, Landlord shall proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premises, but only to the extent of available insurance proceeds. Tenant shall promptlydiligence, at its sole cost and expense, remove to repair the Leased Premises. If such repairs cannot, in Landlord's sole determination, be made within 120 days after the occurrence of its furniture and such damage (without the payment of overtime or other belongings from the Demised Premises as premiums), Landlord shall require in order notify Tenant within 30 days after such casualty of the approximate length of time Landlord estimates will be required to repair complete such repairs, and restore either party may terminate this Lease by written notice to the Demised Premisesother within 15 days after Landlord notifies Tenant of the estimated time for completion of such repairs. Until any such repairs to the Demised Leased Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Leased Premises, if any, that is unusable by Tenant in In the conduct of its businessbusiness (but there shall be no abatement of Fixed Rent by reason of any portion of the Leased Premises being unusable for a period of five business days or less). If the fire or other casualty is due to the negligence or misconduct of Tenant, its agents, employees, contractors, or invitees, there shall be no abatement of Fixed Rent, and Tenant shall be liable to Landlord for the amount by which the cost of such repairs exceeds the insurance proceeds received by Landlord or the amount of insurance proceeds that would have been received by Landlord had Landlord maintained the insurance required under this Lease, whichever is greater. If any deadline for the giving of any notice required from Landlord under this Section or for the completion of repairs is delayed because of (a) insurance settlement procedures, (b) failure of any mortgagees to agree to or approve the repair, changes, deletions or additions in construction requested by Tenant, or (c) strikes, lockouts, casualties, acts of God, war, material or labor shortages, government regulations or control or other causes beyond the control of Landlord, then the period for the giving of such notice or the completion of such repair shall be extended for the amount of time Landlord is so delayed. (b) If (1) the Demised Building or the Leased Premises shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently covered by or if insurance or, even if covered by insurance, which canproceeds from any insured casualty shall not be restored made available to tenantable condition within 180 days after Landlord by the casualtyholder of any mortgages affecting the Building, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that substantial alterationthen, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s insurance, then in either such event event, Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed either to rebuild and repair the Demised Building and the Leased Premises or to terminate this Lease, effective upon giving notice of such election election, in writing, to the other Tenant within 30 days after the occurrence of such casualty. HoweverWithout limiting the generality of the foregoing, notwithstanding anything the Building shall be deemed to have been substantially damaged if more than one-third of the rentable square feet of the Building (as stated in Article 1) has been damaged or destroyed or if the Building shall be so damaged that Landlord shall decide to demolish it. Damage to the contrary set forth aboveBuilding or the Leased Premises caused by a casualty not covered by Landlord's insurance shall be deemed substantial if the cost of repairing such damage will, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth aboveLandlord's sole determination, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstancesexceed $50,000. Landlord’s 's obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Leased Premises to substantially the condition in which they existed prior to the casualty (in casualty. In no event shall Landlord be required to repair any of Tenant’s 's leasehold improvementsImprovements, fixtures, equipment, furniture, furnishings furnishings, and personal property). , and Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair repair, and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such right.

Restoration of Improvements. (a) In the event the Demised Premises are Building is damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premisesshell and core of the Building, but only to the extent of the insurance proceeds that are available to Landlord or that would have been available if Landlord had carried the insurance proceedsrequired under this Lease. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from the Demised Premises Building as Landlord shall require in order to repair and restore the Demised Premisesshell and core of the Building. Until any such repairs to the Demised Premises Building are completed, the Fixed Rent shall be abated in proportion to the part of the Demised PremisesBuilding, if any, that is unusable by Tenant in the conduct of its business. If the fire or other casualty is due to the negligence or misconduct of Tenant, its agents, employees, contractors or invitees, there shall be no abatement of Fixed Rent, and Tenant shall be liable to Landlord for the amount by which the cost of such repairs exceeds the insurance proceeds received by Landlord. (b) If (1) the Demised Premises shell and core of the Building shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently sufficiently, in Landlord’s sole judgment, covered by insurance or, even if covered by insurance, which which, in Landlord’s sole judgment, cannot be restored to tenantable condition within 180 days after the casualty, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that substantial alteration, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s insurance, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises shell and core of the Building or to terminate this Lease, effective upon giving notice of such election to the other Tenant within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstances. Landlord’s obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the shell and core of the Building and the Demised Premises to substantially the condition in which they it existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s leasehold improvements, fixtures, equipment, furniture, furnishings and personal property)) and then only to the extent that insurance proceeds shall be sufficient to pay for such restoration. Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) If the Demised Premises shall be destroyed or damaged by a casualty such that, in Landlord’s reasonable judgment, the Demised Premises cannot be restored (including Tenant’s tenant improvements and trade fixtures) to a tenantable condition for the operation of Tenant’s business therein within 270 days after the casualty, and Landlord has not elected to terminate this Lease pursuant to Section 12(b) above, then Tenant may elect to terminate this Lease, effective upon giving notice of such election to Landlord within 30 days after the occurrence of such casualty. In the event of any such termination by Tenant pursuant to this Section 12.2(c) Tenant shall provide Landlord with the proceeds of any insurance carried by Tenant (or required to be carried by Tenant under this Lease) with respect to the Tenant Improvements and any Alterations and any coverage for the removal of debris. (d) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such right, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code.

Restoration of Improvements. (a) In the event the Demised Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premises, but only to the extent of available insurance proceedsproceeds plus the deductible amount thereunder. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Premises, if any, that is unusable by Tenant in the conduct of its business. If the fire or other casualty is due to the negligence or misconduct of Tenant, its agents, employees, contractors or invitees, there shall be no abatement of Fixed Rent, and Tenant shall be liable to Landlord for the amount by which the cost of such repairs exceeds the insurance proceeds received by Landlord. (b) If (1) the Demised Premises shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently sufficiently, in Landlord's sole judgment, covered by insurance or, even if covered by insurance, which which, in Landlord's sole judgment, cannot be restored to tenantable condition within 180 days after the casualty, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that that, in Landlord's sole judgment, substantial alteration, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s 's insurance, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or Landlord or Tenant may elect to terminate this Lease, effective upon giving notice of such election to the other party within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstances. Landlord’s 's obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s 's leasehold improvements, fixtures, equipment, furniture, furnishings and personal property)) and then only to the extent that insurance proceeds shall be sufficient to pay for such restoration. Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 unless the Demised Premises is not restored within 2 0 days after the date of the casualty and hereby waives the provisions of any Applicable Law granting Tenant such right.

Restoration of Improvements. (a) In the event of damage to or destruction of the Demised Improvements, then, within a reasonable period of time after the date of the damage or destruction, Tenant shall proceed to repair, restore, and replace the Improvements. The proceeds received from Tenant’s property insurance on the Premises and any Improvements shall be placed in an escrow account and shall be applied exclusively to the costs of repairs and replacements. The escrow account shall be maintained by Landlord or by Tenant’s leasehold mortgagee, if required, and shall be disbursed during the course of the repairs. If the insurance proceeds are damaged by fire or other casualtyinsufficient to pay the costs of the repair work, Tenant shall pay any and all deficiency. Except as expressly provided otherwise in this Lease, Landlord shallshall not be obligated to make any payment, unless this Lease is terminated as hereinafter provideddisbursement or contribution towards the cost of the repairs or replacements. If the proceeds exceed the cost of such work, proceed with reasonable diligence and at its sole cost and expense to repair Tenant may retain the Demised Premisesexcess, but only to except that, where any leasehold mortgage contains a contrary provision regarding the extent excess, such provision shall govern the application of available the excess insurance proceeds. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from Notwithstanding the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Premisesforegoing, if any, that is unusable by Tenant in the conduct of its business. (b) If (1) the Demised Premises shall be (i) totally destroyed such damage or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently covered by insurance or, even if covered by insurance, which cannot be restored to tenantable condition destruction occurs within 180 days after the casualty, or two (2) the Building shall be destroyed years prior to the extent of one-quarter or more of its then value or so damaged that substantial alteration, demolition or reconstruction end of the Building shall be required, whether or not covered by Landlord’s insuranceTerm, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or to terminate this Lease, effective upon giving notice of such election to the other within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in by giving Landlord written notice of the same within thirty (30) days following such circumstances. Landlord’s obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition damage or destruction, in which they existed prior event all insurance proceeds by reason of such damage or destruction shall be payable to the casualty (in no event shall Landlord be required subject to repair any superior right of Tenant’s leasehold improvementsmortgages in such proceeds under a deed of trust or other similar instrument evidencing indebtedness. Promptly following any fire or other casualty damage to the Improvements, fixtures, equipment, furniture, furnishings and personal property). Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) Tenant shall have no right remove any debris or other materials that may interfere with or create a hazard with respect to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such rightShopping Center.”

Restoration of Improvements. (a) In the event the Demised Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premises, including the Insurable Items of Landlord’s Work (but not including, however, any tenant improvements, alterations or additions made after the initial improvements made pursuant to Landlord’s Work or trade fixtures, moveable office furniture and movable equipment which Tenant is entitled to remove at the expiration or earlier termination of this Lease), and then only to the extent of available insurance proceedsproceeds received. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Fixed Rent and Additional Rent shall be abated in proportion to the part of the Demised Premises, if any, that is unusable by Tenant in the conduct of its business. If the fire or other casualty is due to the gross negligence or willful misconduct of Tenant, its agents, employees, contractors or invitees, there shall be no abatement of Fixed Rent or Additional Rent. (b) If (1) the Demised Premises shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently sufficiently, in Landlord’s reasonable judgment, covered by insurance or, even if covered by insurance, which which, in Landlord’s reasonable judgment, cannot be restored to tenantable condition within 180 days after the casualty, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that that, in Landlord’s reasonable judgment, substantial alteration, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s insurance, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or to terminate this Lease, effective upon giving notice of such election to the other Tenant within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstances. Landlord’s obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s leasehold improvements, fixtures, equipment, furniture, furnishings and personal property)property or any improvements, fixtures, equipment, furniture, furnishing and personal property of any third party provider of Tenant, such as Tenant’s telecommunications provider) and then only to the extent that insurance proceeds shall be sufficient to pay for such restoration. Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions provision of any Applicable Law granting Tenant such right.

Restoration of Improvements. (a) In the event the Demised Premises are damaged by fire or other casualty, Landlord shall, unless this Lease is terminated as hereinafter provided, proceed with reasonable diligence and at its sole cost and expense to repair the Demised Premises, but only to the extent of available insurance proceeds. Tenant shall promptly, at its sole cost and expense, remove such of its furniture and other belongings from the Demised Premises as Landlord shall require in order to repair and restore the Demised Premises. Until any such repairs to the Demised Premises are completed, the Fixed Rent shall be abated in proportion to the part of the Demised Premises, if any, that is unusable by Tenant in the conduct of its business. If the fire or other casualty is due to the negligence or willful misconduct of Tenant, its agents, employees, contractors or invitees, there shall be no abatement of Fixed Rent, and Tenant shall be liable to Landlord for the amount by which the cost of such repairs exceeds the insurance proceeds received by Landlord. (b) If (1) the Demised Premises shall be (i) totally destroyed or substantially damaged, or (ii) partially destroyed or damaged by a casualty not sufficiently sufficiently, in Landlord's sole judgment, covered by insurance or, even if covered by insurance, which which, in Landlord's sole judgment, cannot be restored to tenantable condition within 180 days after the casualty, or (2) the Building shall be destroyed to the extent of one-quarter or more of its then value or so damaged that that, in Landlord's sole judgment, substantial alteration, demolition or reconstruction of the Building shall be required, whether or not covered by Landlord’s 's insurance, then in either such event Landlord or Tenant (unless the casualty is caused by Tenant, Tenant’s employees or Tenant’s agents) may elect to proceed to rebuild and repair the Demised Premises or to terminate this Lease, effective upon giving notice of such election to the other Tenant within 30 days after the occurrence of such casualty. However, notwithstanding anything to the contrary set forth above, providing Tenant has not elected to terminate the Lease in accordance with the provisions set forth above, and Landlord’s rental interruption insurance will provide benefits to Landlord for the period of time which is required for Landlord to rebuild and repair the Building pursuant to this paragraph, Landlord shall proceed to so rebuild and repair the Building, and Landlord shall not have the right to terminate this Lease in such circumstances. Landlord’s 's obligation to rebuild and repair under this Section 12.2 shall in any event be limited to restoring the Building and the Demised Premises to substantially the condition in which they existed prior to the casualty (in no event shall Landlord be required to repair any of Tenant’s 's leasehold improvements, fixtures, equipment, furniture, furnishings and personal property)property or any improvements, fixtures, equipment, furniture, furnishing and personal property of any third party provider of Tenant, such as Tenant's telecommunications provider) and then only to the extent that insurance proceeds shall be sufficient to pay for such restoration. Tenant agrees that, promptly after the completion of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and restore its fixtures, equipment and other installations. (c) Tenant shall have no right to terminate this Lease in the event of the damage or destruction of the Demised Premises other than as set forth in this Section 12.2 and hereby waives the provisions of any Applicable Law granting Tenant such right.