Common use of Minor Insured Damage Clause in Contracts

Minor Insured Damage. If the Premises (other than Tenant’s FF&E) are damaged by a casualty due to a risk covered by Landlord’s insurance (or that would have been covered but for Landlord’s election not to maintain all-risk or special form insurance for the full replacement cost of the Building) to such extent that repairs, rebuilding and/or restoration can be reasonably completed within two hundred seventy (270) days following delivery of Landlord’s Repair Estimate, this Lease shall not terminate and Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates the affected portions of the Premises until the earlier of thirty (30) days after any and all repairs required herein to be made by Landlord are substantially completed or the date Tenant re-commences operations from the affected portions of the Premises, but such abatement shall (i) only be to the extent of the portion of the Premises which is actually rendered unusable and unfit for occupancy, and (ii) only during the time Tenant is not actually using same. If less than all of the Premises is damaged, but the nature of the damage is such that Tenant cannot reasonably conduct its normal business from the Premises, then the “affected portions of the Premises” shall be deemed to be the entire Premises.

Minor Insured Damage. If the Premises (other than Tenant’s the Tenants FF&E) are damaged by a casualty due to a risk covered by Landlord’s insurance (or that would have been covered but for Landlord’s election not to maintain all-risk or special form insurance for the full replacement cost of the Building) only to such extent that repairs, rebuilding and/or restoration can be reasonably completed within two hundred seventy ninety (27090) days following delivery of Landlord’s Repair Estimatedays, this Lease shall not terminate and, provided that insurance proceeds are available and paid to Landlord (or would have been paid to Landlord had Landlord compiled with Section 12.6 of this Lease) to fully repair the damage and/or Tenant otherwise voluntarily contributes any shortfall thereof to Landlord, Landlord shall repair the Premises to substantially the same condition that existed prior to the occurrence of such casualty, except Landlord shall not be required to rebuild, repair, or replace any of Tenant’s FF&E. The Rent payable hereunder shall be abated proportionately from the date and to the extent Tenant vacates is unable to continue its business operations in the affected portions of the Premises (and Tenant actually discontinues such operations) until the earlier of thirty (30) days after any and all repairs required herein to be made by Landlord are substantially completed or the date Tenant re-commences operations from the affected portions of the Premises, but such abatement shall (i) only be to the extent (i) of the portion of the Premises which is actually rendered unusable and unfit for occupancy, continuance of Tenant’s business operations (and (iiTenant actually discontinues such operations) and only during the time Tenant is not actually using same. If less than all , and (ii) Landlord receives rental abatement insurance proceeds therefor (or would have received such proceeds had Landlord compiled with Section 12.6 of the Premises is damaged, but the nature of the damage is such that Tenant cannot reasonably conduct its normal business from the Premises, then the “affected portions of the Premises” shall be deemed to be the entire Premisesthis Lease).