No Restoration. Advance (including the final Restoration Advance) in respect of any fire or other casualty or any Partial Taking shall be due unless:
No Restoration. The Plan Administrator will not restore a re-employed Participant's Account Balance under this Section 5.04 (B) if:
No Restoration. Because the 3-5-6 Floor Premises will after the 3-5-6 Floor Surrender Date be occupied by CPS under a direct lease between Landlord and CPS, Tenant shall have no obligation or right to make or remove any tenant improvements or alterations with respect to the 3-5-6 Floor Premises before or after the 3-5-6 Floor Surrender Date, or, subject to Section 3(e) below with respect to the Third Floor Premises, any obligation to repair or restore any portions of the 3-5-6 Floor Premises, notwithstanding any of the surrender provisions of the Lease to the contrary; provided, however, that (i) Tenant shall remain responsible to repair any damage caused to any portion of the 3-5-6 Floor Premises caused by Tenant or its agents, employees or contractors; and (ii) if Xxxxxxx damages any portion of the Third Floor Premises under the Xxxxxxx Sublease, Xxxxxxx shall remain responsible to repair such damage and Tenant shall promptly at Landlord’s request assign to Landlord all of Tenant’s rights, claims and causes of action that Tenant may have against Xxxxxxx under the Xxxxxxx Sublease with respect thereto (provided, however, that Landlord shall indemnify, defend, protect and hold harmless Tenant from and against any claims and causes of action that Xxxxxxx may bring against Tenant as a result of Landlord’s exercise of any such assigned rights, claims and causes of action against Xxxxxxx, except to the extent arising from Tenant’s default under the Xxxxxxx Sublease); and (iii) on or before the 3-5-6 Floor Surrender Date, Tenant shall remove its security and communications systems and cabling from the 3-5-6 Floor Premises and repair any damage resulting therefrom; provided, however, that to the extent that CPS requests in writing prior to the 3-5-6 Floor Surrender Date for some or all of the security and communications systems and cabling to remain in the 3-5-6 Floor Premises, Tenant shall leave such systems and cabling in place and the same shall be deemed abandoned and become the property of Landlord (or, at Landlord’s election, of CPS).
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the Premises refuses to make the proceeds of Landlord’s insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by this Lease to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord’s option, shall be released from the obligation to restore the Premises by giving notice of such and of Landlord’s election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage, in which event Tenant may terminate this Lease effective upon the date of destruction and receive a refund of any rents paid for the period of time after the destruction.
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the premises, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within forty-five (45) days of the date of the damage, in which event Tenant may terminate the Lease effective upon the date of destruction and receive a refund of any rents paid for the period of time after the destruction.
No Restoration. If the Premises or the Building are damaged by fire or other casualty to the extent that reconstruction cannot reasonably be completed within nine (9) months after the date of damage, as determined by Landlord, or more than fifty percent (50%) of the rentable square feet of the Interior Premises becomes untenantable due to casualty damage within the last twelve (12) months of the Term, then either Landlord or Tenant may, by written notice given within ninety (90) days of such damage, terminate this Lease effective as of the date of such notice, in which event Tenant shall be entitled to a fair diminution of Base Rent while and to the extent Tenant is unable to conduct its business in the Premises prior to such termination, or to an abatement of Base Rent if Tenant is not able to conduct business in the Premises.
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that (i) any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, (ii) such damage is the result of any casualty other than a casualty for which Landlord is required to provide insurance, (iii) the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the Building and Property, (iv) the casualty renders any substantial part of the Premises untenantable and at the time, less than two (2) years remain until the expiration of the Term, or (v) any part of the Building or Property is damaged to the extent that in Landlord’s judgment, restoration is not practical (whether or not the Premises have been damaged by the casualty), then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage and Landlord or Tenant may terminate this Lease by providing the other with thirty (30) days prior written notice.
No Restoration. Notwithstanding anything in the Lease to the contrary, Tenant shall have no obligation to remove or restore any of the Work actually approved and funded by Landlord under this Exhibit. Nothing in this Section 8 shall be deemed as a waiver of or limitation on Landlord’s right to require Tenant to restore other areas of the Premises and other, prior Tenant-made alterations, specifically including but without limitation the older, existing lab areas in the Premises, as permitted pursuant to the terms and conditions of the Lease.
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that the cost of restoration exceeds $350,000 and any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by Section 14.2 of this lease to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within thirty (30) sixty (60) days of the date of the damage, provided, however, that should Landlord elect to not restore the premises, Tenant may, at its option, terminate this Lease by sending written notice of termination to Landlord within forty-five (45) days of the date Tenant receives written notice of Landlord's election. In the event that the Leased Premises cannot be restored within one hundred twenty (120) days of the date of such damage, then
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the Building and Land, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage, and Landlord or Tenant may terminate this Lease by providing the other with thirty (30) days prior written notice.
