Common use of Damage/Restoration Clause in Contracts

Damage/Restoration. 14.1. Tenant shall notify Landlord in writing of any Damage to the Premises or the Building promptly after learning of the same. 14.2. In the case of Damage to the Building or the Premises, Landlord shall promptly commence and diligently proceed to Restore the Damaged area as nearly as possible to the value, condition and character of the same immediately before the Damage, subject, however, to Sections 12.4. and 14.3. 14.3. If the Building is so Damaged (whether or not the Premises are Damaged) as to require, for Restoration, a reasonably estimated expenditure of more than thirty per cent (30%) of the value of the Building as actually insured under Landlord's insurance policies immediately prior to such Damage, Landlord may terminate this Lease by notice to Tenant within one hundred eighty (180) days after the date of such Damage provided that at such time Landlord also terminates eighty percent (80%) of all leases at The Childrenswear Center. 14.4. In the event of Damage to the Building or the Premises, if Landlord is obligated to repair the same under Section 14.2 (or elects to repair the same under Section 14.3) but has not completed the required repairs within one hundred and eighty (180) days after the date of such Damage (unless Landlord has been prevented from proceeding by causes beyond Landlord's control, including insurance adjustments and negotiations) and if the Damage has deprived (and then continues to deprive) Tenant of reasonable access to the Premises or the use and enjoyment of the Premises, Tenant may, within fifteen (15) days thereafter, terminate this Lease by written notice to Landlord. 14.5. If Landlord or Tenant terminates this Lease pursuant to Section 14.3 or 14.4, this Lease shall expire as of the date of Landlord's or Tenant's notice, as the case may be, as if such date were the Expiration Date. Upon such date, Tenant shall quit, surrender and vacate the Premises as if upon expiration of the Term; and all Rents shall be apportioned as of such date (subject to Section 14.6).

Damage/Restoration. 14.1. (a) Tenant shall notify Landlord in writing of any Damage to the Premises or the Building promptly after learning Tenant learns of the same. 14.2. (b) In the case event of Damage to the Building or the Premises, Landlord shall promptly commence and diligently proceed to Restore the Damaged area and repair or replace Landlord’s personal property in the Premises as nearly as possible to the value, condition and character of the same immediately before the Damage, subject, however, to Sections 12.4. 9.4 and 14.311.3. 14.3. (c) If the Building is so Damaged (whether or not the Premises are Damaged) as to require, for Restoration, a reasonably estimated expenditure of more than thirty per cent (30%) % of the value of the Building as actually insured under Landlord's ’s insurance policies immediately prior to such Damage, and Landlord elects not to Restore the Building, Landlord may terminate this Lease by notice to Tenant within one hundred eighty (180) 120 days after the date of such Damage provided that at such time Landlord also terminates eighty percent (80%) of all leases at The Childrenswear CenterDamage. 14.4. (d) In the event of Damage to the Building or the Premises, if Landlord is obligated to repair the same under Section 14.2 (or elects to repair the same under Section 14.3) 11.2 but has not completed the required repairs within one hundred and eighty (180) 270 days after the date of such Damage (unless Landlord has been prevented from proceeding by causes beyond Landlord's control, including insurance adjustments and negotiations) and if the Damage has deprived (and then continues to deprive) Tenant of reasonable access to the Premises or the use and enjoyment of more than 10% of the Premises, Tenant may, within fifteen (15) days thereafter, may terminate this Lease by written notice to LandlordLandlord given within 30 days after the end of such 270 days. 14.5. (e) If Landlord or Tenant terminates this Lease pursuant to Section 14.3 11.3 or 14.411.4, this Lease shall expire as of the date of Landlord's ’s or Tenant's ’s notice, as the case may be, as if such date were the Expiration Date. Upon such date, Tenant shall quit, surrender and vacate the Premises as if upon expiration of the Term; and all Rents shall be apportioned as of such date (subject to Section 14.611.6). (f) If the Premises become unusable by Tenant for more than five consecutive Business Days from Damage to the Premises or the Building (except any Damage caused by the acts or omissions of Tenant or its Employees or invitees), Tenant shall receive an abatement of Fixed Rent and Additional Rent from the date of the Damage to the date when such Damage is Restored. Such abatement shall be proportional to the ratio which the square footage of the Damaged area of Premises bears to the total square footage of the Premises. (g) This Article shall be considered an express agreement governing Damage to the Premises and/or the Building; and (to the extent permitted by law) any statute purporting to govern in such cases, now or subsequently in force, shall have no application under this Lease.

Damage/Restoration. 14.111.1. Tenant shall notify Landlord in writing of any Damage to the Premises or the Building promptly after learning Tenant learns of the same. 14.211.2. In the case event of Damage to the Building or the Premises, Landlord shall promptly commence and diligently proceed to Restore the Damaged area and repair or replace Landlord's personal property in the Premises as nearly as possible to the value, condition and character of the same immediately before the Damage, subject, however, to Sections 12.4. 9.4 and 14.311.3. 14.311.3. If the Building is so Damaged (whether or not the Premises are Damaged) as to require, for Restoration, a reasonably estimated expenditure of more than thirty per cent (30%) % of the value of the Building as actually insured under Landlord's insurance policies immediately prior to such Damage, and Landlord elects not to Restore the Building, Landlord may terminate this Lease by notice to Tenant within one hundred eighty (180) 120 days after the date of such Damage provided that at such time Landlord also terminates eighty percent (80%) of all leases at The Childrenswear CenterDamage. 14.411.4. In the event of Damage to the Building or the Premises, if Landlord is obligated to repair the same under Section 14.2 (or elects to repair the same under Section 14.3) 11.2 but has not completed the required repairs within one hundred and eighty (180) 270 days after the date of such Damage (unless Landlord has been prevented from proceeding by causes beyond Landlord's control, including insurance adjustments and negotiations) and if the Damage has deprived (and then continues to deprive) Tenant of reasonable access to the Premises or the use and enjoyment of more than 10% of the Premises, Tenant may, within fifteen (15) days thereafter, may terminate this Lease by written notice to LandlordLandlord given within 30 days after the end of such 270 days. 14.511.5. If Landlord or Tenant terminates this Lease pursuant to Section 14.3 11.3 or 14.411.4, this Lease shall expire as of the date of Landlord's or Tenant's notice, as the case may be, as if such date were the Expiration Date. Upon such date, Tenant shall quit, surrender and vacate the Premises as if upon expiration of the Term; and all Rents shall be apportioned as of such date (subject to Section 14.611.6). 11.6. If the Premises become unusable by Tenant for more than five consecutive Business Days from Damage to the Premises or the Building (except any Damage caused by the acts or omissions of Tenant or its Employees or invitees), Tenant shall receive an abatement of Fixed Rent and Additional Rent from the date of the Damage to the date when such Damage is Restored. Such abatement shall be proportional to the ratio which the square footage of the Damaged area of Premises bears to the total square footage of the Premises. 11.7. This Article shall be considered an express agreement governing Damage to the Premises and/or the Building; and (to the extent permitted by law) any statute purporting to govern in such cases, now or subsequently in force, shall have no application under this Lease.