Common use of Insured Loss Clause in Contracts

Insured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is an Insured Loss and which falls into the classification of either Premises Partial Damage or Premises Building Partial Damage, then Lessor shall, at Lessor's expense, repair such damage to the Premises, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. Uninsured Loss: Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within 30 days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Insured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which If Premises Partial Damage that is an Insured Loss and which falls into the classification of either Premises Partial Damage or Premises Building Partial Damageoccurs, then Lessor shall, at Lessor's expense, repair such damage to the Premises, (but not Lessee's fixtures, equipment Trade Fixtures or tenant improvements, Lessee-Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect. Uninsured Loss: Subject In the event, however, that there is a shortage of insurance proceeds and such shortage is due to the provisions fact that, by reason of paragraphs 9.4 and 9.5, if at any time during the term unique nature of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (improvements in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, full replacement cost insurance coverage was not commercially reasonably and available, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effecthave no obligation to pay for the shortage of insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or (ii) give written notice to Lessee within 30 days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Leaseadequate assurance thereof, Lessee shall have the right within ten (10) days after the following receipt of such notice to give written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof satisfactory to Lessor of Lessee's intention to repair in its sole discretion within said ten (10) day period, Lessor shall complete such damage at Lessee's expense, without reimbursement from Lessor, in which event restoration and repairs as soon as reasonably possible and this Lease shall continue remain in full force and effect. If Lessor does not receive such funds or assurance within said period, and Lessor may nevertheless elect by written notice to Lessee shall proceed within ten (10) days thereafter to make such repairs restoration and repair as soon as reasonably possible. If Lessee does not give such notice within such 10-day period is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall be canceled remain in full force and terminated as of the date of effect. If Lessor does not receive such funds or assurance within such ten (10) day period, and if Lessor does not so elect to restore and repair, then this Lease shall terminate sixty (60) days following the occurrence of the damage or destruction. Unless otherwise agreed, Lessee shall in no event have any right to reimbursement from Lessor for any funds contributed by Lessee to repair any such damagedamage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to PARAGRAPH 11.2(b) rather than PARAGRAPH 11.2(a), notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either party.

Insured Loss. Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is If an Insured Loss and which falls into the classification of either Premises Partial Damage or Premises Building Partial Damageoccurs, then Lessor shall, at Lessor's expense, repair such damage to the Premises, (but not Lessee's fixtures, equipment Trade Fixtures or tenant improvements, Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect. Uninsured Loss: Subject to ; provided, however, that Lessee shall, at Lessor's election, make the provisions repair of paragraphs 9.4 and 9.5any damage or destruction and, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damagein such event, unless caused by a negligent or willful act of Lessee (in which event Lessee Lessor shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice insurance proceeds available to Lessee within 30 days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damageon a reasonable basis for that purpose. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Leaserequire that Lessee restore the Premises, Lessee shall have twelve (12) months to restore the right Premises (during which rent shall be abated) to complete restoration of the Premises (the "Lessee Restoration Period"). Rent shall recommence at the end of the Lessee Restoration Period. The Lessee Restoration Period shall be extended to the extent any delay in restoration is caused by a force majeure even including, but not limited to, strike, labor troubles, acts of God, acts of government, unavailability of materials or labor, or any other cause beyond the control of Lessee. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee's responsibility) as and when required to complete said repairs. In the event, however, the shortage in proceeds was due to the fact that, by reason of the unique nature of the improvements, full replacement cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within ten (10) days after the following receipt of such notice to give written notice to of such shortage and request therefor. If Lessor of Lessee's intention to repair such damage at Lessee's expensereceives said funds or adequate assurance thereof within said ten (10) day period, without reimbursement from Lessor, in which event the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall continue remain in full force and effect. If Lessor does not receive such funds or within said period assurance, and Lessor may nevertheless elect by written notice to Lessee shall proceed within ten (10) days thereafter to make such repairs restoration and repair as soon as reasonably possible. If Lessee does not give such notice within such 10-day period is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall be canceled remain in full force and terminated as of the date of effect. If in such case Lessor does not so elect, then this Lease shall terminate sixty (60) days following the occurrence of such damage.the damage or destruction. Unless otherwise agreed, Lessee shall in no event have any right to reimbursement from Lessor for

Insured Loss. If (i) there is a Tenant Insured Loss or a Landlord Insured Loss and (ii)Tenant exercises Tenant's Casualty Loss Termination Right, then (a) Tenant shall assign to Landlord and Landlord's lender, as their interests may appear, all of its right, title and interest in the Property Insurance covering the Insured Premises obtained by Tenant pursuant to Section 14.1.2 or otherwise, and (b) if Tenant has breached its obligation to obtain Property Insurance pursuant to Section 14.1.2, then Tenant shall cause to be paid to Landlord the full amount of the proceeds that would have been made available by the insurer for such loss as if Tenant had in fact carried the insurance required of Tenant pursuant to Section 14.1.2. Subject to the other provisions of paragraphs 9.4 and 9.5this Section 27, if at any time during the term of this Lease (i) there is damage which is an a Tenant Insured Loss or Landlord Insured Loss and which falls into the classification of either Premises Partial Damage (ii) neither Landlord nor Tenant exercises their respective Landlord's Casualty Loss Termination Right or Premises Building Partial DamageTenant's Casualty Loss Termination Right in accordance with this Section 27, then Lessor shall, at Lessor's expense, repair such damage to the Premises, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. Uninsured Loss: Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (ia) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice Tenant shall restore the Insured Premises and, if Tenant so elects, such other Tenant Improvements and other Tenant's Property as Tenant may elect to Lessee within 30 days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs restore as soon as reasonably possible, and (c) subject to any contrary provision of any Subordination Agreement, all of the proceeds of the Property Insurance covering the Insured Premises (and any additional sum that Landlord may elect to contribute to the restoration pursuant to Section 27.2.2.2) shall be disbursed for use by Tenant for such restoration of the Insured Premises. If Lessee does any lender, after having consented to the use of insurance proceeds for restoration, should cut off the availability of such proceeds and such proceeds are not give replaced by Landlord, then in addition to its other rights and remedies, Tenant shall have the right to cease restoration of the Insured Premises. At any time when Tenant is to undertake the restoration of the Insured Premises in accordance with this Lease, such notice within such 10-day period this Lease restoration planning and work shall be canceled performed by the Tenant in accordance with the provisions of Section 12 above and terminated as the provisions of the date Work Letter relating to work which was to be performed by Tenant under such Work Letter. If Landlord carries the Property Insurance pursuant to Section 27.7 , then, subject to any contrary provisions of any Subordination Agreement executed by Landlord and Tenant, in the event of a Landlord Insured Loss, the proceeds of the occurrence Property Insurance for the Insured Premises shall be disbursed by the insurer for use as the restoration work progresses in accordance with procedures (comparable to construction loan disbursement procedures) reasonably acceptable to Tenant, Landlord and any Landlord's lender named as an additional insured or loss payee with respect to such Property Insurance covering the Insured Premises. Any proceeds of insurance attributable to any Tenant's Property, other than the Required Surrender Improvements, shall be disbursed as the insurer and Tenant shall agree. If Landlord has elected to provide any Insurance Proceeds Reduction Amount pursuant to Section 27.2.2.2, then, as the restoration work progresses, such damageInsurance Proceeds Reduction Amount shall be disbursed in accordance with procedures (comparable to construction loan disbursement procedures) reasonably acceptable to Landlord, Tenant and Landlord's lender. If Landlord fails to provide the Proceeds Reduction Amount, in addition to its other rights and remedies, Tenant shall have the right to halt restoration of the Insured Premises.