Common use of Restoration of Premises Clause in Contracts

Restoration of Premises. If there is a partial taking of any Leased Property and the subject Lease remains in full force and effect pursuant to Section 11.02, and so long as no Event of Default has occurred, Landlord shall furnish to Tenant the amount of the Award actually received by Landlord (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property), as provided herein, in order for Tenant to accomplish all necessary restoration. If Tenant receives an Award under Section 11.02, Tenant shall repair or restore any Tenant Improvements up to but not exceeding the amount of the Award payable to Tenant therefor. Before beginning such restoration, or letting any contracts in connection with such restoration, Tenant will submit for Landlord's approval, which approval Landlord will not unreasonably withhold or delay, complete and detailed plans and specifications for such restoration. Promptly after receiving Landlord's approval of the plans and specifications, Tenant will begin such restoration and will prosecute the repairs and rebuilding to completion with diligence, subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, terroristic threats or actions, and other causes beyond Tenant's reasonable control. Landlord will make available to Tenant the net proceeds of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' fees and expenses. Payment will be made against properly certified vouchers of a competent architect in charge of the work and approved by Landlord. Prior to commencing the restoration, Tenant shall deliver to Landlord for Landlord's approval a schedule setting forth the estimated monthly draws for such work. Landlord, however, may withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien, including, but not limited to any mechanics' or construction lien, or liability has attached or will attach to the Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance of the Award will be paid to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Leased Property is reoccupied for any purpose. Tenant shall complete such restoration free and clear of mechanic's, construction or other liens, and in accordance with the building codes and all applicable laws, ordinances, rules, regulations, permits, approvals or orders of any state, municipal, or other public authority affecting the restoration, and also in accordance with all requirements of the insurance rating organization, or similar body applicable to the Leased Property. Any remaining proceeds of the Award otherwise payable to Tenant (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property) after such restoration is completed will be Tenant's property.

Restoration of Premises. If there is a partial taking All furniture, furnishings and movable fixtures installed by Tenant must be removed from the Premises by Tenant (other than in connection with Tenant’s initial occupancy of the Premises), at Tenant's expense, prior to the Expiration Date. All Alterations in and to the Premises which may be made by Landlord or Tenant (exclusive of Landlord’s Work) prior to and during the Term, or any Leased Property and renewal thereof, shall become the subject Lease remains in full force and effect pursuant to Section 11.02property of Landlord upon the Expiration Date or earlier end of the Term or any renewal thereof, and so long as no Event of Default has occurredshall not be removed from the Premises by Tenant unless Landlord, Landlord shall furnish at Landlord's option by notice to Tenant prior to the amount of Expiration Date, elects to have them removed from the Award actually received Premises by Landlord (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property), as provided hereinTenant, in order for which event the same shall be removed from the Premises by Tenant, at Tenant's expense, prior to the Expiration Date. In the event Landlord elects to have Tenant to accomplish all necessary restoration. If Tenant receives an Award under Section 11.02remove such Alterations, Tenant shall repair and restore in a good and workmanlike manner to Building standard original condition (reasonable wear and tear excepted) any damage to the Premises or restore any the Building caused by such removal. Any of such Alterations or other property not so removed by Tenant Improvements up at or prior to but not exceeding the amount Expiration Date or earlier termination of the Award payable Term shall become the property of Landlord, but nothing herein shall be deemed to relieve Tenant thereforof responsibility for the cost of removal of any such Alterations or other property which Tenant is obligated to remove hereunder. Before beginning such restorationNotwithstanding anything to the contrary contained herein, Tenant shall have the right during the Term to remove any Alterations, Specialty Alterations, installations or letting any contracts improvements upon the Premises in connection with such restoration, Tenant will submit for Landlord's approval, which approval Landlord will not unreasonably withhold or delay, complete and detailed plans and specifications for such restoration. Promptly after receiving Landlord's approval the performance of any Alterations in the area of the plans and specificationsPremises where such Alterations, Tenant will begin such restoration and will prosecute the repairs and rebuilding to completion with diligenceSpecialty Alterations, subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, terroristic threats installations or actions, and other causes beyond Tenant's reasonable control. Landlord will make available to Tenant the net proceeds of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' fees and expenses. Payment will be made against properly certified vouchers of a competent architect in charge of the work and approved by Landlord. Prior to commencing the restoration, Tenant shall deliver to Landlord for Landlord's approval a schedule setting forth the estimated monthly draws for such work. Landlord, however, may withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien, including, but not limited to any mechanics' or construction lien, or liability has attached or will attach to the Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance of the Award will be paid to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Leased Property is reoccupied for any purpose. Tenant shall complete such restoration free and clear of mechanic's, construction or other liens, and in accordance with the building codes and all applicable laws, ordinances, rules, regulations, permits, approvals or orders of any state, municipal, or other public authority affecting the restoration, and also in accordance with all requirements of the insurance rating organization, or similar body applicable to the Leased Property. Any remaining proceeds of the Award otherwise payable to Tenant (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property) after such restoration is completed will be Tenant's propertyimprovements are located.

Restoration of Premises. If there is a partial taking All furniture, furnishings and movable fixtures and removable partitions installed by Tenant must be removed from the Premises by Xxxxxx, at Tenant's expense, prior to the Expiration Date. Except for Specialty Alterations (as defined herein), all Alterations in and to the Premises which may be made by Tenant prior to and during the Term, or any renewal thereof, shall become the property of Landlord upon the Expiration Date or earlier end of the Term or any Leased Property and the subject Lease remains in full force and effect pursuant to Section 11.02renewal thereof, and so long as no Event of Default has occurredshall not be removed from the Premises by Tenant. Tenant shall be obligated to remove Specialty Alterations from the Premises, Landlord shall furnish at Tenant's expense, prior to Tenant the amount of the Award actually received by Landlord (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property), as provided herein, in order for Tenant to accomplish all necessary restorationExpiration Date. If Tenant receives an Award under Section 11.02, Tenant shall repair and restore in a good and workmanlike manner to Building standard original condition (reasonable wear and tear excepted) any damage to the Premises or restore any the Building caused by such removal. Any other property not so removed by Tenant Improvements up at or prior to but not exceeding the amount Expiration Date or earlier termination of the Award payable Term shall become the property of Landlord, but nothing herein shall be deemed to relieve Tenant thereforof responsibility for the cost of removal of any such Specialty Alterations or other property which Tenant is obligated to remove hereunder. Before beginning such restoration“Specialty Alterations” shall include Alterations consisting of kitchens, pantries, executive bathrooms, computer installations, safe deposit boxes, vaults, libraries or letting any contracts in connection with such restorationfile rooms requiring reinforcement of floors, Tenant will submit for Landlord's approvalinternal staircases, conveyors, dumbwaiters and other Alterations of a similar character, which approval Landlord will would be unusually difficult and expensive to remove and are not unreasonably withhold typical for normal office space and which were not installed or delay, complete and detailed plans and specifications for such restoration. Promptly after receiving performed as part of Landlord's approval of the plans and specifications, Tenant will begin such restoration and will prosecute the repairs and rebuilding to completion with diligence, subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, terroristic threats or actions, and other causes beyond Tenant's reasonable control. Landlord will make available to Tenant the net proceeds of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' fees and expenses. Payment will be made against properly certified vouchers of a competent architect in charge of the work and approved by Landlord. Prior to commencing the restoration, Tenant shall deliver to Landlord for Landlord's approval a schedule setting forth the estimated monthly draws for such work. Landlord, however, may withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien, including, but not limited to any mechanics' or construction lien, or liability has attached or will attach to the Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance of the Award will be paid to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Leased Property is reoccupied for any purpose. Tenant shall complete such restoration free and clear of mechanic's, construction or other liens, and in accordance with the building codes and all applicable laws, ordinances, rules, regulations, permits, approvals or orders of any state, municipal, or other public authority affecting the restoration, and also in accordance with all requirements of the insurance rating organization, or similar body applicable to the Leased Property. Any remaining proceeds of the Award otherwise payable to Tenant (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property) after such restoration is completed will be Tenant's property’s Work.

Restoration of Premises. If there is a partial taking of any Leased Property and the subject Lease remains in full force and effect pursuant to Section 11.02Premises are damaged by fire, and so long as no Event of Default has occurred, Landlord shall furnish to Tenant the amount of the Award actually received by Landlord (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property), as provided herein, in order for Tenant to accomplish all necessary restoration. If Tenant receives an Award under Section 11.02earthquake or other casualty, Tenant shall repair or restore any Tenant Improvements up give immediate written notice thereof to but not exceeding the amount of the Award payable to Tenant therefor. Before beginning such restoration, or letting any contracts in connection with such restoration, Tenant will submit for Landlord's approval, which approval Landlord will not unreasonably withhold or delay, complete and detailed plans and specifications for such restoration. Promptly after receiving Landlord's approval of the plans and specifications, Tenant will begin such restoration and will prosecute the repairs and rebuilding to completion with diligence, subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, terroristic threats or actions, and other causes beyond Tenant's reasonable control. Landlord will make available to Tenant the net proceeds of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' fees and expenses. Payment will be made against properly certified vouchers of a competent architect in charge of the work and approved by Landlord. Prior to commencing If Landlord estimates that the restoration, Tenant shall deliver to Landlord for Landlord's approval a schedule setting forth the estimated monthly draws for such work. Landlord, however, may withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien, including, but not limited to any mechanics' or construction lien, or liability has attached or will attach to the Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance of the Award will damage can be paid to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Leased Property is reoccupied for any purpose. Tenant shall complete such restoration free and clear of mechanic's, construction or other liens, and repaired in accordance with the building codes then established Governmental Requirements within two hundred ten (210) days after Landlord is notified by Tenant of such damage and all applicable lawsif there are sufficient insurance proceeds available to repair such damage, ordinancesthen Landlord shall proceed with reasonable diligence to restore the Premises to substantially the condition which existed prior to the damage and this Lease shall not terminate. If, rulesin Landlord's estimation, regulationsthe damage cannot be repaired within such 210 day period or if there are insufficient insurance proceeds available to repair such damage, permitsLandlord may elect in its absolute discretion to either: (a) terminate this Lease or (b) restore the Premises to substantially the condition which existed prior to the damage and this Lease will continue. If Landlord restores the Premises under this paragraph, approvals or orders then (1) the Lease Term shall be extended for the time required to complete such restoration, (2) Tenant shall pay to Landlord, upon demand, Tenant's Pro Rata Share of any stateapplicable commercially reasonable deductible amount specified under Landlord's insurance and (3) Landlord shall not be required to repair or restore Tenant Improvements, municipalTenant Alterations, or any or all furniture, fixtures, equipment, inventory, improvements or other public authority affecting property which was in or about the restoration, and also in accordance with all requirements Premises at the time of the insurance rating organization, or similar body applicable damage and was not owned by Landlord. Base Rent and Additional Rent due under this Lease during any untenantable period hereunder shall be abated in proportion to the Leased Property. Any remaining proceeds portion of the Award otherwise payable Premises rendered untenable during the untenantable period. Tenant agrees to Tenant (and not payable look to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property) after such restoration is completed will be provider of Tenant's propertyinsurance for coverage for the loss of Tenant's use of the Premises and any other related losses or damages incurred by Tenant during any reconstruction period. Notwithstanding anything to the contrary contained in Section 4.9.1 or 4.

Restoration of Premises. If there is a partial taking Condemnation of any the Aggregate Leased Property and the subject Lease remains Agreements remain in full force and effect pursuant to Section 11.02, and so long as no Event of Default has occurredin accordance herewith, Landlord shall furnish to Tenant the amount of the Award actually received by Landlord (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property), as provided herein, in order for Tenant to accomplish all necessary restorationrestoration as reasonably determined by Tenant in consultation with Landlord. If Tenant receives an Award under Section 11.02Award, Tenant shall repair or restore any Tenant Improvements up to but not exceeding the amount of the Award payable to Tenant therefor. Before beginning such restoration, or letting any contracts in connection with such restoration, Tenant will submit for Landlord's ’s approval, which approval Landlord will not unreasonably withhold or delay, complete and detailed plans and specifications for such restoration. Promptly after receiving Landlord's ’s approval of the plans and specifications, Tenant will begin such restoration and will prosecute the repairs and rebuilding to completion with diligence, subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, terroristic threats or actions, and other causes beyond Tenant's ’s reasonable control. Landlord will make available to Tenant the net proceeds of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' ’ fees and expenses. Payment will be made against properly certified vouchers of a competent architect in charge of the work and approved by Landlord. Prior to commencing the restoration, Tenant shall deliver to Landlord for Landlord's ’s approval a schedule setting forth the estimated monthly draws for such work. Landlord, however, may withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien, including, but not limited to any mechanics' or construction lien, or liability has attached or will attach to the Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance of the Award will be paid to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Aggregate Leased Property is reoccupied for any purpose. Tenant shall complete such restoration free and clear of mechanic's’s, construction or other liens, and in accordance with the building codes and all applicable laws, ordinances, rules, regulations, permits, approvals or orders of any state, municipal, or other public authority affecting the restoration, and also in accordance with all requirements of the insurance rating organization, or similar body applicable to the Aggregate Leased Property. Any remaining proceeds of the Award otherwise payable to Tenant (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property) after such restoration is completed will be Tenant's ’s property.

Restoration of Premises. If there is a partial taking All furniture, furnishings and movable fixtures and removable partitions installed by Tenant must be removed from the Premises by Tenant, at Tenant's expense, on or prior to the Expiration Date. All Alterations in and to the Premises which may be made by Landlord or Tenant prior to and during the Term, or any renewal thereof, shall become the property of Landlord upon the Expiration Date or earlier end of the Term or any Leased Property and the subject Lease remains in full force and effect pursuant to Section 11.02renewal thereof, and so long as shall not be removed from the Premises by Tenant unless Landlord, at Landlord's option, by notice to Tenant, prior to the Expiration Date, elects to have them removed from the Premises by Tenant, in which event the same shall be removed from the Premises by Tenant, at Tenant's expense, on or prior to the Expiration Date, but Tenant shall not be obligated to remove (a) typical office installations only (no Event of Default has occurredraised floor(s), vault(s), etc.), and (b) any Alterations installed unless Tenant requests in writing from Landlord whether the same shall furnish be required to Tenant be removed from the amount Premises and Landlord notifies Tenant, at the time Landlord reviews the plans and specifications therefore, that such Alterations will have to be removed upon the expiration of the Award actually received by Term, or (c) Tenant's Initial Alteration (except for non-typical office installations [i.e., safes, pantries and raised flooring], provided, however, Tenant shall be required to pay for the cost of removal of such raised flooring provided Landlord, within six (6) months from the Expiration Date determines, in its reasonable discretion, that such raised flooring be removed for the occupancy of a future tenant of the Premises and Landlord so notifies Tenant of its intention to do so and Landlord commences such removal within sixty (and not payable to and paid to 60) days from the date of Landlord's mortgagee pursuant notice to any mortgage recorded against Tenant.) In the applicable Leased Property), as provided herein, in order for event Landlord elects to have Tenant to accomplish all necessary restoration. If Tenant receives an Award under Section 11.02remove such Alterations, Tenant shall repair and restore in a good and workmanlike manner to Building standard original condition (reasonable wear and tear excepted) any damage to the Premises or restore any the Building caused by such removal. Any of such Alterations or other property not so removed by Tenant Improvements up at or prior to but not exceeding the amount Expiration Date or earlier termination of the Award payable Term shall become the property of Landlord, but nothing herein shall be deemed to relieve Tenant therefor. Before beginning such restoration, or letting any contracts in connection with such restoration, Tenant will submit of responsibility for Landlord's approval, which approval Landlord will not unreasonably withhold or delay, complete and detailed plans and specifications for such restoration. Promptly after receiving Landlord's approval the cost of the plans and specifications, Tenant will begin such restoration and will prosecute the repairs and rebuilding to completion with diligence, subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, terroristic threats or actions, and other causes beyond Tenant's reasonable control. Landlord will make available to Tenant the net proceeds removal of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' fees and expenses. Payment will be made against properly certified vouchers of a competent architect in charge of the work and approved by Landlord. Prior to commencing the restoration, Tenant shall deliver to Landlord for Landlord's approval a schedule setting forth the estimated monthly draws for such work. Landlord, however, may withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien, including, but not limited to any mechanics' or construction lien, or liability has attached or will attach to the Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance of the Award will be paid to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Leased Property is reoccupied for any purpose. Tenant shall complete such restoration free and clear of mechanic's, construction Alterations or other liens, and in accordance with the building codes and all applicable laws, ordinances, rules, regulations, permits, approvals or orders of any state, municipal, or other public authority affecting the restoration, and also in accordance with all requirements of the insurance rating organization, or similar body applicable property which Tenant is obligated to the Leased Propertyremove hereunder. Any remaining proceeds of the Award otherwise payable to Tenant (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property) after such restoration is completed will be Tenant's property.Notwithstanding

Restoration of Premises. If there is a partial taking All furniture, furnishings and movable fixtures and removable partitions installed by Tenant must be removed from the Premises by Tenant, at Tenant's expense, prior to the Expiration Date. All Alterations in and to the Premises which may be made by Landlord or Tenant prior to and during the Term, or any renewal thereof, shall become the property of Landlord upon the Expiration Date or earlier end of the Term or any Leased Property and the subject Lease remains in full force and effect pursuant to Section 11.02renewal thereof, and so long as no Event of Default has occurredshall not be removed from the Premises by Tenant unless Landlord, Landlord shall furnish at Landlord's option by notice to Tenant prior to the amount of Expiration Date, elects to have them removed from the Award actually received Premises by Landlord (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property), as provided hereinTenant, in order for which event the same shall be removed from the Premises by Tenant, at Tenant's expense, on or prior to the Expiration Date. In the event Landlord elects to have Tenant to accomplish all necessary restoration. If Tenant receives an Award under Section 11.02remove such Alterations, Tenant shall repair and restore in a good and workmanlike manner to Building standard original condition (reasonable wear and tear excepted) any damage to the Premises or restore any Tenant Improvements up to but not exceeding the amount of Building caused by such removal. Notwithstanding the Award payable to Tenant therefor. Before beginning such restoration, or letting any contracts in connection with such restorationforegoing, Tenant will submit for Landlord's approvalmay, which approval Landlord will not unreasonably withhold or delay, complete and detailed at the time of its initial submission of plans and specifications for such restoration. Promptly after receiving Landlord's approval of the plans and specifications, Tenant will begin such restoration and will prosecute the repairs and rebuilding to completion with diligence, subject, however, to strikes, lockouts, acts of God, embargoes, governmental restrictions, terroristic threats or actions, and other causes beyond Tenant's reasonable control. Landlord will make available to Tenant the net proceeds of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' fees and expenses. Payment will be made against properly certified vouchers of a competent architect in charge of the work and approved by Landlord. Prior to commencing the restoration, Tenant shall deliver showing proposed Alterations to Landlord for Landlord's review and approval, request in writing that Landlord waive its right to compel Tenant to remove the Alterations identified on such plans and specifications. If Landlord waives such right to compel Tenant to remove such Alterations, in whole or in part, Landlord shall notify Tenant at the time of the approval a schedule setting forth the estimated monthly draws for such work. Landlord, however, may withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien, including, but not limited to any mechanics' or construction lien, or liability has attached or will attach to the Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance plans and specifications of the Award will those Alterations which Tenant may be paid required to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Leased Property is reoccupied for any purpose. Tenant shall complete such restoration free and clear of mechanic's, construction or other liens, and remove in accordance with the building codes terms of this Article prior to the expiration of the Term or upon the occurrence of a termination of this Lease and all applicable lawsTenant shall, ordinancesupon the expiration of the Term or upon such termination, rulesunless instructed otherwise by Landlord, regulationsbe required to remove only such Alterations specified in Landlord's notice. Notwithstanding anything to the contrary contained herein, permitsLandlord hereby agrees to waive Tenant's restoration obligation with respect to any Alterations that are customary in nature for office installations and which shall not cause Landlord to incur extraordinary demolition expenses at the end of the Term hereof (by means of illustration only, approvals customary office installations shall mean built-in bookcases and kitchen pantry, but not raised flooring). Any of such Alterations or orders other property except for cash or cash equivalents (i.e., bonds, notes and securities) not so removed by Tenant at or prior to the Expiration Date or earlier termination of the Term shall become the property of Landlord, but nothing herein shall be deemed to relieve Tenant of responsibility for the cost of removal of any state, municipal, such Alterations or other public authority affecting the restoration, and also in accordance with all requirements of the insurance rating organization, or similar body applicable property which Tenant is obligated to the Leased Property. Any remaining proceeds of the Award otherwise payable to Tenant (and not payable to and paid to Landlord's mortgagee pursuant to any mortgage recorded against the applicable Leased Property) after such restoration is completed will be Tenant's propertyremove hereunder.