Common use of Landlord’s Restoration Obligations Clause in Contracts

Landlord’s Restoration Obligations. (a) Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminated, or Landlord or Tenant have no right to terminate this Lease, Landlord promptly after such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion of the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net insurance proceeds (plus the amount of any deductible maintained by Landlord under such property insurance).

Landlord’s Restoration Obligations. (a) Unless terminated If neither Landlord nor Tenant has the right to terminate this Lease pursuant to the foregoing provisions, provisions of this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminatedArticle 21, or Landlord if the party or Tenant parties that have no the right to terminate this Lease, Landlord promptly after Lease do not exercise such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (right as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion of the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12hereinabove provided, Landlord shall not have the property damaged by such Casualty repaired or restored to the condition in all material respects that existed prior to the Casualty at the sole expense of the Landlord but Landlord's repair obligations as to the leasehold improvements shall be obligated limited to expend the work provided with and paid for by the Construction Allowance. Tenant shall pay all other costs of repairing the leasehold improvements in the Demised Premises. An equitable abatement in Rent shall be allowed from the Damage Date for Tenant's loss of use or access until such time that the damage has been repaired or restored in all material respects to its condition prior to the Casualty. Landlord's architect shall deliver a notice to both parties within sixty (60) days after the Damage Date stating the time required to repair and restoration restore the damage caused by any amount Casualty and if Landlord is obligated hereunder to repair and restore such damage, Landlord shall use all reasonable efforts in excess of good faith to repair and restore such damage within the net insurance proceeds (plus the amount of any deductible maintained by Landlord estimated time period, subject to Tenant's rights under such property insurance)Article 22.2 hereof.

Landlord’s Restoration Obligations. (a) Unless terminated If neither Landlord nor Tenant has the right to terminate this Lease pursuant to the foregoing provisions, provisions of this Lease shall remain in full force and effect following any such damage subject, however, to the following provisions. If the Building or the Site or any part thereof are damaged by a Casualty and this Lease is not so terminatedArticle, or Landlord if the party or Tenant parties that have no the right to terminate this Lease, Landlord promptly after Lease do not exercise such damage and the determination of the net amount of insurance proceeds available shall use due diligence to restore the Premises and the Building in the event of damage thereto (excluding “Tenant’s Property” (right as defined in Section 8.4 hereof), except as expressly provided in the immediately following paragraph of this Section 6.1) into proper condition for use and occupation and a just proportion of the Annual Fixed Rent, Tenant’s share of Operating Costs and Tenant’s share of real estate taxes according to the nature and extent of the injury to the Premises shall be abated until any such work to restore the Premises and Tenant’s access to substantially the same condition as existing immediately prior to such Casualty there to have been substantially completed, except for punch list items. Notwithstanding anything herein contained to the contrary, provided that Landlord complies with its obligations to maintain the property insurance required to be maintained by Landlord pursuant to Section 8.12hereinabove provided, Landlord shall not have the property damaged by such Casualty repaired or restored to the condition in all material respects that existed prior to the Casualty at the sole expense of Landlord but Landlord's repair obligations as to the leasehold improvements will be obligated limited to expend the insurance proceeds actually received by Landlord for such repairs. Tenant shall pay all other costs of repairing the leasehold improvements in the Demised Premises. An equitable abatement in Rent will be allowed from the Damage Date for Tenant's loss of use or access until such time that the damage has been repaired or restored in all material respects to its condition prior to the Casualty. Landlord's architect will deliver a notice to both parties within sixty (60) days after the Damage Date stating the time required to repair and restoration restore the damage caused by any amount Casualty and if Landlord is obligated hereunder to repair and restore such damage, Landlord shall use all reasonable efforts in excess of good faith to repair and restore such damage within the net insurance proceeds (plus the amount of any deductible maintained by Landlord estimated time period, subject to Tenant's rights under such property insurance)Article l5(b) hereof.