Common use of Restoration of the Premises Clause in Contracts

Restoration of the Premises. If the Premises or any part thereof shall be damaged or rendered untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article 12, after the collection of the insurance proceeds attributable to such damage, Landlord shall, at its expense (but only to the extent of insurance proceeds made available to Landlord, after deduction therefrom of Landlord’s expenses in obtaining such proceeds and, provided that Landlord shall have carried the insurance it is required to carry under this Lease, and in any event Landlord shall be required to fund the amount of any deductible thereunder), proceed with reasonable diligence to repair or cause to be repaired Landlord’s Restoration Work, and Tenant, at its sole cost and expense, promptly and with due diligence shall proceed to repair or cause to be repaired Tenant’s Restoration Work. Where Landlord is obligated or otherwise elects to effect restoration of the Landlord’s Restoration Work, unless such restoration is completed within one hundred fifty (150%) percent of the period of time in the original Restoration Work Schedule (such period to be subject, however, to extension where the delay in completion of such work is due to Force Majeure or to Tenant Delays; provided, however, that such extension shall be limited to a period of not more than six (6) additional months solely with respect to delays due to Force Majeure), Tenant shall have the right to terminate this Lease at any time after the expiration of such period (as extended) but prior to the time that Landlord’s Restoration Work is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date hereof unless, within such thirty (30) day period Landlord’s Restoration Work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effect.

Restoration of the Premises. Tenant shall notify Landlord promptly of any Casualty in the Premises. If the Building or the Premises or any part thereof shall be partially or totally damaged or rendered untenantable destroyed by fire or other insured casualty (each, a “Casualty”) and Tenant gives prompt notice thereof to Landlord and if this Lease is not terminated pursuant as provided below, then (a) Landlord shall repair and restore the Building and the Premises (but excluding Leasehold Improvements and Tenant’s Property) (“Landlord’s Restoration Work”) to any provision a condition substantially similar to the condition existing before such Casualty with reasonable dispatch (but Landlord shall not be required to perform the same on an overtime or premium pay basis) after notice to Landlord of this Article 12, after the Casualty and the collection of the insurance proceeds attributable to such damage, Landlord shall, at its expense Casualty and (but only to the extent of insurance proceeds made available to Landlord, after deduction therefrom of Landlord’s expenses in obtaining such proceeds and, provided that Landlord b) Tenant shall have carried the insurance it is required to carry under this Lease, repair and in any event Landlord shall be required to fund the amount of any deductible thereunder), proceed with reasonable diligence to repair or cause to be repaired Landlord’s Restoration Work, restore all Leasehold Improvements and Tenant, at its sole cost and expense, promptly and with due diligence shall proceed to repair or cause to be repaired ’s Property (“Tenant’s Restoration Work”) to a condition substantially similar to the condition existing before such Casualty with reasonable dispatch after the Casualty. Where Landlord is obligated The performance by Tenant of Tenant’s Restoration Work shall be subject to all of the applicable terms, covenants and conditions of this Lease governing Alterations (including the provisions of Article 14). Notwithstanding anything to the contrary contained herein, if in Landlord’s judgment, it would be appropriate for safety reasons, health reasons or otherwise elects to effect the efficient operation or restoration of the Landlord’s Restoration Work, unless such restoration is completed within one hundred fifty (150%) percent Building or the Premises for Landlord to perform all or a portion of the period of time in the original Restoration Work Schedule (such period to be subject, however, to extension where the delay in completion of such work is due to Force Majeure or to Tenant Delays; provided, however, that such extension shall be limited to a period of not more than six (6) additional months solely with respect to delays due to Force Majeure), Tenant shall have the right to terminate this Lease at any time after the expiration of such period (as extended) but prior to the time that LandlordTenant’s Restoration Work is substantially completedon behalf of Tenant, such termination to take effect as then (i) Landlord shall give Tenant a notice specifying the portion of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date hereof unless, within such thirty (30) day period LandlordTenant’s Restoration Work is substantially completedto be performed by Landlord (the “Specified Restoration Work”), (ii) Landlord shall perform the Specified Restoration Work and (iii) Tenant shall pay to Landlord, or authorize the Depositary to pay to Landlord (as the case may be), within 30 days following the giving of Landlord’s written demand therefor, the actual, out-of-pocket reasonable cost of such Specified Restoration Work (unless Landlord shall then be holding the insurance proceeds, in which case Tenant’s notice event, Landlord shall retain from such proceeds the cost of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effectsuch Specified Restoration Work).

Restoration of the Premises. If the Premises Building or any part portion thereof shall be is damaged or rendered untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article 12Section 12.1, Landlord, promptly after such damage and the collection determination of the net amount of insurance proceeds attributable available, shall use due diligence to restore the Premises and the Building as nearly as possible to their condition prior to such damagefire or other casualty. Notwithstanding the foregoing, Landlord shall, at its expense (but only shall not be obligated to expend for such repairs and restoration any amount in excess of the extent of net insurance proceeds made available to Landlord, Landlord after deduction therefrom of Landlord’s expenses in obtaining such proceeds andand any amounts applied by any Overlandlord or Mortgagee to obligations other than restoration of the Building, provided that any such shortfall shall not have been occasioned by reason of a default by Landlord shall have carried the insurance it is required under any Mortgage or Underlying Lease unrelated to carry a default by Tenant under this Lease. If such proceeds shall be insufficient to effect such restoration and Landlord elects not to effect such restoration, Landlord shall promptly notify Tenant of such fact, and in any within thirty (30) days thereafter, Tenant may terminate this Lease by notice to Landlord and the Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the Expiration Date hereof. In no event shall Landlord shall be required to fund the amount of any deductible thereunder), proceed with reasonable diligence obligated to repair or cause to be repaired Landlordrestore Tenant’s Restoration Work, and TenantAlterations, at its sole cost and expense, promptly and with due diligence shall proceed to repair or cause to be repaired Tenant’s Restoration WorkProperty or paneling or other finishes, carpeting or wall coverings. Where Landlord is obligated or otherwise elects to effect restoration of the Landlord’s Restoration WorkPremises, unless such restoration is completed within one hundred fifty twelve (150%12) percent months from the date of the period of time in the original Restoration Work Schedule casualty (such period to be subject, however, to extension where the delay in completion of such work is due to Force Majeure or causes beyond Landlord’s reasonable control (but in no event beyond eighteen (18) months from the date of the casualty)), Tenant shall have the right to deliver to Landlord a written non-binding notice of Tenant’s intent to terminate this Lease (a “Notice of Intent to Terminate”). Following Tenant’s delivery of any such Notice of Intent to Terminate, Landlord shall have thirty (30) days (“Landlord’s 30-Day Completion Period”) to substantially complete such restoration. If Landlord shall have failed to substantially complete such restoration within Landlord’s 30-Day Completion Period, Tenant shall then have the right to deliver to Landlord, not later than thirty (30) days after the expiration of Landlord’s 30-Day Completion Period, a written notice of termination, and such termination to take effect as of the date of delivery with the same force and effect as if such date were the date originally established as the Expiration Date hereof. If at any time during such 12 month period (as extended) Landlord reasonably believes that such restoration shall not be completed within such period, Landlord shall give notice to Tenant Delays; providedof such reason, however, that such extension shall be limited to a period of not more than six (6) additional months solely with respect to delays due to Force Majeure), and Tenant shall have the right to terminate this Lease at any time within thirty (30) days after the expiration of such period (as extended) but prior to the time that Landlord’s Restoration Work notice is substantially completedgiven, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date hereof unless, within such thirty (30) day period Landlord’s Restoration Work is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effecthereof.

Restoration of the Premises. If the Premises Unit or the Building or any part portion thereof shall be is damaged or rendered untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article 12Section 12.1, then (a) Landlord, promptly after such damage and the collection determination of the insurance proceeds attributable to such damage, Landlord shall, at its expense (but only to the extent net amount of insurance proceeds available, shall use due diligence to repair and restore or cause the Board to repair and restore the Premises (other than Tenant’s Work, Alterations and Tenant’s Property), the Unit and the Building as nearly as possible to their condition prior to such fire or other casualty, and (b) Tenant, promptly after the substantial completion of Landlord’s restoration work, shall use due diligence to repair and restore Tenant’s Work, Alterations and Tenant’s Property to a condition suitable for normal office use and to accommodate Tenant’s business. Notwithstanding the foregoing, neither Landlord nor the Board shall be obligated to expend for such repairs and restoration any amount in excess of the net insurance proceeds that would be made available to Landlord if Landlord carried the insurance required by this Lease or actually made available to Landlord, whichever is greater, after deduction therefrom of Landlord’s expenses or Board’s expenses, as the case may be, in obtaining such proceeds and, and any amounts applied by any Overlandlord or Mortgagee to obligations other than restoration of the Unit or the Building; provided that Landlord shall have carried the insurance it is required to carry under this Lease, and in any event Landlord shall be required to fund the amount of any deductible thereunder)and self-insurance shall be deemed to be proceeds available to Landlord. If such proceeds shall be insufficient to effect such restoration and Landlord elects not to effect such restoration, proceed Landlord shall promptly notify Tenant of such fact, and within thirty (30) days thereafter, Tenant may terminate this Lease by notice to Landlord and the Lease shall terminate as of the date of such notice with reasonable diligence the same force and effect as if such date were the date originally established as the Expiration Date hereof. In no event shall Landlord or the Board be obligated to repair or cause to be repaired Landlordrestore Tenant’s Restoration Work, and Tenant, at its sole cost and expense, promptly and with due diligence shall proceed to repair Alterations or cause to be repaired Tenant’s Restoration WorkProperty or paneling or other finishes, carpeting or wall coverings. Where Landlord is obligated or otherwise elects to effect the repair and restoration of the LandlordPremises (other than Tenant’s Restoration Work, Alterations and Tenant’s Property), unless such repair and restoration is completed within one hundred fifty twelve (150%12) percent months from the date of the period of time in the original Restoration Work Schedule casualty (such period to be subject, however, to extension where the delay in completion of such work is due to Force Majeure causes beyond Landlord’s or to Tenant Delays; provided, however, that such extension shall be limited to a period the Board’s reasonable control (but in no event beyond eighteen (18) months from the date of not more than six (6) additional months solely with respect to delays due to Force Majeurethe casualty)), Tenant shall have the right to terminate this Lease at any time after the expiration of such 12-month period (as extended) but prior to the time that Landlord’s Restoration Work the repair and restoration is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date hereof unless, within such thirty (30) day period Landlord’s Restoration Work such restoration is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effect.

Restoration of the Premises. If the Premises Building or any part portion thereof shall be is damaged or rendered untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision Section 12.1, then (a) Landlord, promptly after such damage and the determination of this Article 12the net amount of insurance proceeds available, shall use due diligence to repair and restore the Premises (other than the Leasehold Improvements and Tenant’s Property) and the Building as nearly as possible to their condition prior to such fire or other casualty, and (b) Tenant, promptly after the collection substantial completion of Landlord’s restoration work, shall use due diligence to repair and restore the Leasehold Improvements and Tenant’s Property as nearly as possible to their condition prior to such fire or other casualty. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repairs and restoration any amount in excess of the insurance proceeds attributable to such damage, Landlord shall, at its expense (but only to the extent of net insurance proceeds made available to Landlord, Landlord after deduction therefrom of Landlord’s expenses in obtaining such proceeds andand any amounts applied by any Overlandlord or Mortgagee to obligations other than restoration of the Building. If Landlord is not obligated to and elects not to complete such restoration pursuant to the previous sentence, provided that Landlord shall have carried the insurance it is required to carry under this Leasepromptly notify Tenant of such fact, and within thirty (30) days thereafter, Tenant may terminate this Lease by notice to Landlord and the Lease shall terminate as of a date specified by Tenant in any such notice to Landlord, which date shall not be earlier than thirty (30) and not later than ninety (90) days after the date of Tenant’s notice, with the same force and effect as if such date were the date originally established as the Expiration Date hereof. In no event shall Landlord shall be required to fund the amount of any deductible thereunder), proceed with reasonable diligence obligated to repair or cause to be repaired Landlord’s Restoration Work, and Tenant, at its sole cost and expense, promptly and with due diligence shall proceed to repair restore the Leasehold Improvements or cause to be repaired Tenant’s Restoration WorkProperty. Where Landlord is obligated or otherwise elects to effect the repair and restoration of the LandlordPremises (other than the Leasehold Improvements and Tenant’s Restoration WorkProperty), unless such repair and restoration is completed within one hundred fifty eighteen (150%18) percent months from the date of the period of time in the original Restoration Work Schedule (such period to be subject, however, to extension where the delay in completion of such work is due to Force Majeure or to Tenant Delays; provided, however, that such extension shall be limited to a period of not more than six (6) additional months solely with respect to delays due to Force Majeure)casualty, Tenant shall have the right to terminate this Lease at any time after the expiration of such 18-month period (as extended) but prior to the time that Landlord’s Restoration Work the repair and restoration is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date hereof unless, within such thirty (30) day period Landlord’s Restoration Work such restoration is substantially completed, in which case Tenant’s notice of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effect.

Restoration of the Premises. If the Premises or any part thereof shall be damaged or rendered untenantable by fire or other insured casualty and Tenant gives prompt notice thereof to Landlord and this Lease is not terminated pursuant to any provision of this Article 12, after the collection of the insurance proceeds attributable to such damage, Landlord shall, at its expense (but only to the extent of insurance proceeds made available to Landlord, after deduction therefrom of Landlord’s 's expenses in obtaining such proceeds and, provided that Landlord shall have carried the insurance it is required to carry under this Lease, and in any event Landlord shall be required to fund the amount of any deductible thereunder), proceed with reasonable diligence to repair or cause to be repaired Landlord’s 's Restoration Work, and Tenant, at its sole cost and expense, promptly and with due diligence shall proceed to repair or cause to be repaired Tenant’s 's Restoration Work. Where Landlord is obligated or otherwise elects to effect restoration of the Landlord’s 's Restoration Work, unless such restoration is completed within one hundred fifty (150%) percent of the period of time in the original Restoration Work Schedule (such period to be subject, however, to extension where the delay in completion of such work is due to Force Majeure or to Tenant Delays; provided, however, that such extension shall be limited to a period of not more than six (6) additional months solely with respect to delays due to Force Majeure), Tenant shall have the right to terminate this Lease at any time after the expiration of such period (as extended) but prior to the time that Landlord’s 's Restoration Work is substantially completed, such termination to take effect as of the thirtieth (30th) day after such notice is given, with the same force and effect as if such date were the date originally established as the Expiration Date hereof unless, within such thirty (30) day period Landlord’s 's Restoration Work is substantially completed, in which case Tenant’s 's notice of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effect.

Restoration of the Premises. Tenant shall notify Landlord promptly of any Casualty in the Premises. If the Building or the Premises or any part thereof shall be partially or totally damaged or rendered untenantable destroyed by fire or other insured casualty (each, a “Casualty”) and Tenant gives prompt notice thereof to Landlord and if this Lease is not terminated pursuant as provided below, then (i) Landlord shall repair and restore the Building and the Premises (but excluding Leasehold Improvements and Tenant’s Property) (“Landlord’s Restoration Work”) with reasonable dispatch (but Landlord shall not be required to any provision perform the same on an overtime or premium pay basis) after notice to Landlord of this Article 12, after the Casualty and the collection of the insurance proceeds attributable to such damageCasualty and (ii) Tenant shall repair and restore all Leasehold Improvements (which may include demolition of the same) and Tenant’s Property, Landlord shall, at its expense (but only to the extent of insurance proceeds made available to Landlord, after deduction therefrom of Landlord’s expenses in obtaining such proceeds and, provided that Landlord shall have carried the insurance it is required to carry under this Leaseas determined by Tenant, and in any event Landlord shall be required to fund accordance with the amount provisions of any deductible thereunder), proceed with reasonable diligence to repair or cause to be repaired Landlord’s Restoration Work, and Tenant, at its sole cost and expense, promptly and with due diligence shall proceed to repair or cause to be repaired this Lease (“Tenant’s Restoration Work”) with reasonable dispatch after the Casualty. Where Landlord is obligated The performance by Tenant of Tenant’s Restoration Work shall be subject to all of the applicable terms, covenants and conditions of this Lease governing Alterations (including the provisions of Article 14). Notwithstanding anything to the contrary contained herein, if in Landlord’s judgment, it would be appropriate for safety reasons, health reasons or otherwise elects to effect the efficient operation or restoration of the Landlord’s Restoration Work, unless such restoration is completed within one hundred fifty (150%) percent Building or the Premises for Landlord to perform all or a portion of the period of time in the original Restoration Work Schedule (such period to be subject, however, to extension where the delay in completion of such work is due to Force Majeure or to Tenant Delays; provided, however, that such extension shall be limited to a period of not more than six (6) additional months solely with respect to delays due to Force Majeure), Tenant shall have the right to terminate this Lease at any time after the expiration of such period (as extended) but prior to the time that LandlordTenant’s Restoration Work is substantially completedon behalf of Tenant, such termination then (x) Landlord shall give Tenant a notice specifying the portion of Tenant’s Restoration Work to take effect as of be performed by Landlord (the thirtieth “Specified Restoration Work”), (30thy) day after such notice is givenLandlord shall perform the Specified Restoration Work and (z) Tenant shall pay to Landlord, with or authorize the same force and effect as if such date were the date originally established Depositary to pay to Landlord (as the Expiration Date hereof unlesscase may be), within such thirty (30) day period days following the giving of Landlord’s written demand therefor, the cost of such Specified Restoration Work is substantially completed(unless Landlord shall then be holding the insurance proceeds, in which case Tenant’s notice event, Landlord shall retain from such proceeds the cost of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effectsuch Specified Restoration Work).