Common use of Minor Insured Damage Clause in Contracts

Minor Insured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord pursuant to Section XIV. above, then Landlord shall rebuild, repair and restore the damaged portion thereof, provided that (1) the amount of insurance proceeds available to Landlord equals or exceeds the cost of such rebuilding, restoration and repair, (2) such rebuilding, restoration and repair can be completed within one hundred twenty (120) days after the Premises or the Building is so damaged or destroyed in the opinion of a registered architect or engineer appointed by Landlord, (3) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term and (4) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises, Building or Project, such proceeds, for the purposes of this Subsection shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord shall have no obligation to repair any damage to, or to replace any of, Tenant's personal property, furnishings, trade fixtures, equipment or other such property or effects of Tenant.

Minor Insured Damage. In the event the Premises premises or the Buildingbuilding, or any portion thereof, is damaged or destroyed by any casualty that is covered by insurance, the insurance maintained by Landlord pursuant to Section XIV. above, then Landlord Lessor shall rebuild, repair and restore the damaged portion thereof, provided that (1) the amount of insurance proceeds available to Landlord Lessor or such amounts, together with additional amounts supplied by Lessee, equals or exceeds the cost of such rebuilding, restoration and repair, (2) such rebuilding, restoration and repair can be completed within one hundred twenty eighty (120180) days after the Premises or the Building is so damaged or destroyed work commences in the opinion of a registered architect or engineer appointed by LandlordLessor, (3) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term term and (4) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee mortgage or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premisespremises, Building building or Projectproject, such proceeds, for the purposes of this Subsection subsection, shall be deemed not available to Landlord Lessor unless such mortgagee or beneficiary permits Landlord Lessor to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord Lessor shall have no obligation to repair any damage to, or to replace any of, TenantLessee's personal property, furnishings, trade fixtures, equipment or other such property or effects of TenantLessee.

Minor Insured Damage. In the event the Premises or the Buildingpremises, or any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord pursuant to Section XIV. aboveinsurance, then Landlord Lessor shall promptly and in any event within 180 days after such damage or destruction occurs rebuild, repair and restore the damaged portion thereof, provided that (1) the amount of insurance proceeds available proceeds, and any amounts Lessee elects to Landlord provide, to Lessor equals or exceeds the cost of such rebuilding, restoration and repair, (2) such rebuilding, restoration and repair can be completed within one hundred twenty eighty (120180) days after the Premises or the Building is so damaged or destroyed work commences in the opinion of a registered architect or engineer appointed by LandlordLessor, (3) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term and (4) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee mortgage or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises, Building or Projectpremises, such proceeds, for the purposes of this Subsection subsection, shall be deemed not available to Landlord unless Lessor regardless of whether such mortgagee or beneficiary permits Landlord Lessor to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord Lessor shall have no obligation to repair any damage to, or to replace any of, TenantLessee's personal property, furnishings, trade fixtures, equipment or other such property or effects of TenantLessee unless this damage or destruction was caused by the negligence of Lessor in an amount in excess of $10,000.00 in any one occurrence, or the intentional acts of Lessor, and is not covered by insurance. Any rebuilding or repairs referred to in this section shall be performed as promptly as reasonably possible under the circumstances subject to matters outside of Lessor's control.

Minor Insured Damage. In the event the Premises or the Buildingpremises, or any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord pursuant to Section XIVinsurance. above, then Landlord Lessor shall promptly and in any event within 180 days after such damage or destruction occurs rebuild, repair and restore the damaged portion thereof, provided that (1) the amount of insurance proceeds available proceeds, and any amounts Lessee elects to Landlord provide to Lessor equals or exceeds the cost of such rebuilding, restoration and repair, . (2) such rebuilding, restoration and repair can be completed within one hundred twenty eighty (120180) days after the Premises or the Building is so damaged or destroyed work commences in the opinion of a registered architect or engineer appointed by LandlordLessor, (3) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term and (4) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee mortgage or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises, Building or Projectpremises, such proceeds, for the purposes of this Subsection subsection shall be deemed not available to Landlord unless Lessor regardless of whether such mortgagee or beneficiary permits Landlord Lessor to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord Lessor shall have no obligation to repair any damage to, or to replace any of, TenantLessee's personal property, furnishings, trade fixtures, equipment or other such property or effects of TenantLessee unless this damage or destruction was caused by the negligence of Lessor in an amount in excess of S10,000.00 in any one occurrence, or the intentional acts of Lessor, and is not covered by insurance. Any rebuilding or repairs referred to in this section shall be performed as promptly as reasonably possible under the circumstances subject to matters outside of Lessor's control.

Minor Insured Damage. In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord pursuant to Section XIV. above, then Landlord shall rebuild, repair and restore the damaged portion thereof, provided that (1) the amount of insurance proceeds available to Landlord equals or exceeds the cost of such rebuilding, restoration and repair, (2) such rebuilding, restoration and repair can be completed within one hundred twenty eighty (120180) days after the Premises or the Building is so damaged or destroyed work commences in the opinion of a registered architect or engineer appointed by Landlord, (3) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term Term, and (4) such rebuilding, restoration, restoration or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises, Building or Project, such proceeds, for the purposes of this Subsection subsection, shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, restoration and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord shall have no obligation to repair any damage to, or to replace any of, Tenant's personal property, furnishings, trade fixtures, equipment or other such property or effects of Tenant.

Minor Insured Damage. In the event the Premises or the Building, or -------------------- any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord pursuant to Section XIV. aboveLandlord, then Landlord shall rebuild, repair and restore the damaged portion thereof, provided that (1i) the amount of insurance proceeds available to Landlord equals or exceeds the cost of such rebuilding, restoration and repair, (2ii) such rebuilding, restoration and repair can be completed within one hundred twenty eighty (120180) days after the Premises or the Building is so damaged or destroyed work commences in the opinion of a registered architect or engineer appointed by Landlord, (3iii) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term and (4iv) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises, Building Premises or ProjectBuilding, such proceeds, for the purposes of this Subsection subsection, shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord shall have no obligation to repair any damage to, or to replace any of, Tenant's personal property, furnishings, trade fixtures, equipment or other such property or effects of Tenant.