Common use of Obligation to Rebuild Clause in Contracts

Obligation to Rebuild. If any portion of the Premises is damaged or destroyed by fire or other casualty, Tenant shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain an estimate from a licensed architect or contractor of the cost to complete such repair, restoration, rebuilding or replacement, and Tenant shall, at its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in prior to such damage or destruction, except for such changes in design or materials as may then be required by law. In such event, Landlord shall, to the extent and at the times the proceeds of the insurance are made available to Landlord, and only so long as Tenant shall not be in default under this Lease, reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, Tenant shall pay the remainder. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of this Article 8 shall govern and control in all events.

Obligation to Rebuild. If any portion of the Premises is damaged or destroyed by fire or other casualty, Tenant shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain an estimate from a licensed architect or contractor of the cost to complete such repair, restoration, rebuilding or replacement, and Tenant shall, at its sole cost and expense, promptly diligently repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and diligently complete the same as soon as reasonably possible, to the condition they were in prior to such damage or destruction, except for permitted Alterations and such changes in design or materials as may then be required by lawapplicable Laws. In Landlord, in such event, Landlord shall, to the extent and at the times the proceeds of the insurance are made available to Landlord, and only so long as Tenant shall not be in default under this Lease, reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements on such terms as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requestedLandlord may reasonably require. To the extent, if any, extent that the available proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, and notwithstanding the expiration or termination of the Lease Term of this Lease, Tenant shall pay the remainderamount by which such costs exceed the available insurance proceeds. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable out-of-pocket expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to LandlordTenant. Notwithstanding the foregoing, if any such damage or destruction occurs during any Extension Period, Tenant hereby waives may elect to terminate this Lease upon written notice to Landlord within sixty (60) days after the occurrence of such damage or destruction provided Tenant pays to Landlord all rent and other amounts accruing under this Lease through the date of termination, and except as to obligations hereunder which expressly survive any statutory right termination of this Lease. In the event of any such termination of this Lease, Landlord shall be entitled to retain all proceeds of insurance relating to casualtiessuch damage and destruction, it being understood and agreed Tenant shall promptly pay to Landlord any such insurance proceeds received by the parties that the provisions Tenant and hereby assigns to Landlord all rights of this Article 8 shall govern and control in all eventsTenant to receive such insurance proceeds.

Obligation to Rebuild. If In the event that all or any portion of the Building and/or the Premises is itself are damaged or destroyed destroyed, partially or totally, from (a) an insured loss, (b) a loss due to earthquake, (c) a loss which would have been insured but for the actions or failure to act of Lessor, its agents, employees or invitees, or (d) a loss arising from a peril not required to be insured against pursuant to Section 8 hereof or that is uninsurable (either, an “Uninsured Loss”) which would cost less than One Million Dollars ($1,000,000.00) to repair (as reasonably determined by fire or other casualtyan independent licensed architect retained by Lessor) (collectively, a “Casualty Event”), then Lessor shall, within thirty (30) days of the date of such damage, provide Tenant shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain with an estimate from a licensed prepared by Xxxxxxxx’s architect or contractor of the cost time required to complete such repairs, and shall repair, restoration, rebuilding or replacement, restore and Tenant shall, at rebuild the Premises to its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in existing immediately prior to such damage or destruction. For the duration of such repair work, except for such changes this Lease shall remain in design full force and effect; provided that, Rent shall be reduced in the proportion that the floor area of the Premises damaged or materials as may then be required by law. In such event, Landlord shall, destroyed bears to the extent Premises Rentable Area prior to such Casualty Event. Such repair, restoration and at the times the proceeds rebuilding, all of which are herein individually and collectively called “repair”, shall be commenced within as soon as reasonably practicable after such damage or destruction has occurred and shall be diligently pursued to completion. Lessor shall pay all costs of such repair in excess of the available insurance are made available to Landlord, and only so long as Tenant proceeds. The appearance of Hazardous Material shall not be deemed an occurrence of damage or destruction which is subject to the terms of this Section. Notwithstanding anything to the contrary in default under this LeaseSection 9.1, reimburse Tenant if such repair work is estimated by Xxxxxx’s architect to take longer than twelve (12) months to complete after the date of such damage and the Premises is rendered untenantable as a result of such damage for the costs of making such repairs12-month period, restoration, rebuilding and replacements as they are completed, but not more often than once each month, Lessee may terminate this Lease upon written notice to Lessor within ten (10) business days after receipt of a written request thereforsuch estimate. In the event of an Uninsured Loss which would cost One Million Dollars ($1,000,000.00) or more to repair, which request as reasonably determined by an independent licensed architect retained by Lessor, Lessor may elect, within ten (10) days following the date (“Determination Date”) of such cost estimate, to make such repair at its cost and, if Lessor does not so elect, Lessee shall be accompanied by a certification from Tenant's architect certifying as have the option to completion contribute Lessee’s Proportionate Share of the work cost for such repair in excess of One Million Dollars ($1,000,000.00), and require Lessor to repair the Premises at Lessor’s cost, in which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient event Lessee’s obligation to pay Rent shall not terminate during the entire cost period of making reconstruction. Lessee shall notify Lessor of its election to require such repairsrepair within thirty (30) days after the Determination Date. In the event of an Uninsured Loss where Lessor elects not to repair the Premises at its cost, restoration, rebuilding and replacements, Tenant shall pay Lessee elects not to exercise its option pursuant to the remainder. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions first sentence of this Article 8 paragraph, this Lease shall govern and control in all eventsterminate as of the date of such damage.

Obligation to Rebuild. If any portion In the event that some or all of the --------------------- improvements constituting a part of the Premises is or the Premises itself are damaged or destroyed destroyed, partially or totally, from an insured loss or earthquake or a loss which would have been insured but for the actions or failure to act of Lessee, its agents, employees or invitees, or from an uninsured loss which would cost less than One Million Dollars ($1,000,000. 00) to repair, as reasonably determined by fire or other casualty, Tenant shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain an estimate from a independent licensed architect or contractor of the cost to complete such retained by Lessor, then Lessee shall repair, restoration, rebuilding or replacement, restore and Tenant shall, at rebuild the Premises to its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in existing immediately prior to such damage or destructiondestruction and this Lease shall remain in full force and effect. Such repair, except for restoration and rebuilding (all of which are herein individually and collectively called "repair") shall be commenced within a reasonable time after such changes damage or destruction has occurred and shall be diligently pursued to completion. Lessee shall pay all costs of such repair in design or materials as may then be required by law. In such event, Landlord shall, to the extent and at the times the proceeds excess of the available insurance are made available to Landlord, and only so long proceeds. The appearance of "Hazardous Material" (as Tenant defined in Paragraph 45.2 below) shall not be deemed an occurrence of damage or destruction which is subject to the terms of this Section. In the event of an uninsured loss for which Lessee does not have the obligation to repair, as set forth above, Lessor shall have the option, at its sole discretion, to contribute the uninsured amount and repair or contribute the uninsured amount and require Lessee to repair the Premises, in default under which event Lessee's obligation to pay rent shall not terminate during the period of reconstruction. Lessor shall notify Lessee of its election to require such repair within thirty (30) days after the date of occurrence of such damage. In the event Lessor elects not to repair the Premises, this Lease, reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements Lease shall terminate as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requesteddate of occurrence of such damage. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, Tenant Nothing herein shall pay the remainder. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of this Article 8 shall govern and control in all eventsobviate Lessee's obligations under Paragraph 8.

Obligation to Rebuild. If any portion of the Premises is damaged or destroyed by fire or other casualty, casualty Tenant shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain an estimate from a licensed architect or contractor of the cost to complete such repair, restoration, rebuilding or replacement, and Tenant shall, at its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in prior to such damage or destruction, except for such changes in design or materials as may then be required by law. In such event, Landlord shall, to the extent and at the times the proceeds of the insurance are made available to Landlord, and only so long as Tenant shall not be in default under this Lease, reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, Tenant shall pay the remainder. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of this Article 8 shall govern and control in all events.

Obligation to Rebuild. If all or any portion of the Premises is damaged or destroyed by fire or other casualtycasualty and this Lease is not terminated in accordance with the provisions of Section 14.01 above, then all insurance proceeds under the policies referred to in Sections 13.01 and 13.02 hereof that are recovered on account of any such damage by fire or casualty shall be made available for the payment of the cost of repair, replacing and rebuilding, and as soon as practicable after such damage occurs Landlord shall, using the proceeds provided for by Section 13.01 (and, to the extent applicable, proceeds from insurance policies provided for by Section 13.02) hereof, repair or rebuild the PRemises or such portion thereof to its condition immediately prior to such occurrence to the extent the cost therefor is fully funded by insurance proceeds. In no event shall Landlord be obligated to repair or replace Tenant's movable trade fixtures, equipment or personalty. In addition, Tenant shall, using the remaining procees from policies provided for in Section 13.02 hereof, repair, restore and replace Tenant's movable trade fixtures, personalty and equipment. If the aforesaid insurance proceeds under the insurance proceeds under the insurance provided for in Section 13.02 hereof shall be less than the cost of repairing or replacing Tenant's movable trade fixtures, equipment and personalty, or other items required to be insured by Tenant pursuant to Section 13.02 hereof, Tenant shall forthwith give notice thereof to Landlord. Tenant pay the entire excess cost thereof; and if such insurance proceeds shall promptly obtain an estimate from a licensed architect or contractor of be greater than the cost to complete of such repair, restoration, rebuilding replacement or replacementrebuilding, the excess proceeds shall belong to, and Tenant shallbe the property of, at its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, Tenant. Notwithstanding anything herein to the condition they were contrary, Landlord shall have no obligation to repair or rebuild the Premises and/or the Building in prior the event (a) the holder of any mortgage fails or refuses to such damage or destruction, except make insurance proceeds available for such changes in design or materials as may then be required by law. In such event, Landlord shall, to the extent repair and at the times the proceeds of the insurance are made available to Landlord, and only so long as Tenant shall not be in default under this Lease, reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requested. To the extent, if any, that the or such proceeds of insurance made available by Landlord are insufficient to pay cover the entire cost of making repair; or (b) zoning or other applicable laws do not permit such repairsrepair and restoration. Notwithstanding the foregoing, restorationLandlord shall use its best efforts to notify Tenant of its intention to rebuild within ninety (90) days of the casualty damage, rebuilding and replacementsif it determines not to rebuild or cannot commence to rebuild within such ninety (90) day period, Tenant shall pay have the remainder. Any surplus right to terminate this Lease by written notice to Landlord delivered within thirty (30) days of insurance proceeds over the cost notice from Landlord of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of this Article 8 shall govern and control in all eventsits intentions.

Obligation to Rebuild. If In the event of damage to or destruction of the Premises, or any portion thereof, by casualty or any other cause whatsoever, then Tenant, and not Landlord, shall be obligated to complete the restoration and repair thereof in accordance with the terms of this Section 8.1; provided, however, that Tenant shall have the right to use the casualty insurance proceeds for such restoration and repair in accordance with the terms set forth herein and shall be obligated to repair the Premises only to their condition on the Delivery Date pursuant to the Plans and Specifications (subject to alterations thereof required by changes in any governmental codes). Tenant shall have the sole right to negotiate, prosecute and adjust any clain1 for casualty insurance proceeds. Any repair or restoration of the Premises is damaged or destroyed shall be commenced by fire or other casualtyTenant within sixty (60) days after receipt of casualty insurance proceeds and all necessary approvals for repair and restoration (but in no event greater than two hundred seventy (270) days following the casualty , not including delays in obtaining the necessary approvals for repair and restoration which are beyond Tenant's control) and Tenant shall forthwith give notice thereof make diligent efforts to Landlord. Tenant shall promptly obtain an estimate from a licensed architect or contractor complete the repair and restoration within one hundred eighty (180) days following commencement of the cost to complete such repair, restoration, rebuilding or replacement, and Tenant shall, at its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in prior to such . Within thirty (30) days after an event of damage or destruction, except Tenant shall deliver to Landlord notice of the anticipated period of restoration. Unless this Lease is terminated in accordance with Section 8.2 below, all casualty insurance proceeds for such changes in design the Premises shall be paid into a construction escrow account to ensure that the Premises will be restored as required herein to be held by a title company selected jointly 'by Landlord, Landlord's lender and Tenant. The construction escrow account shall be released to Tenant to restore or materials as may then be required by law. In such event, Landlord shall, rebuild the Premises pursuant to the extent and at the times the proceeds terms of the insurance are made available an agreement to be agreed to by Landlord, Landlord's lender and only so long Tenant, all acting reasonably, allowing for draws by Tenant on at least a monthly basis as Tenant shall not be in default under this Leaseconstruction proceeds and requiring the' customary presentation of architects certifications, reimburse Tenant title policy updates and lien waivers or releases for the costs disbursement of making money from such repairs, restoration, rebuilding construction escrow account. Upon Tenant's completion of any repair or restoration as required herein and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied certification by a certification from Tenant's architect certifying as that such repair and restoration has been completed in accordance with the plans and specifications for such restoration, Tenant's obligation to completion repair or restore following the casualty shall be satisfied and thereafter Tenant shall have no further obligation or liability to Landlord with respect to the condition of the work for which reimbursement is being requested. To Premises and the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, Tenant shall pay the remainder. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable expenses incurred by Landlord Building other than as specifically set forth in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of this Article 8 shall govern and control in all eventsLease.

Obligation to Rebuild. If any portion In the event that some or all of the improvements constituting a part of the Premises or the Premises itself are damages or destroyed, partially or totally, from any cause whatsoever, whether or not such damage or destruction is damaged or destroyed covered by fire or other casualtyany insurance required to be maintained under Paragraph 8.3 hereof, Tenant then Lessee shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain an estimate from a licensed architect or contractor of the cost to complete such repair, restoration, rebuilding or replacement, restore and Tenant shall, at rebuild the Premises to its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in existing immediately prior to such damage or destructiondestruction and this Lease shall remain in full force and effect. Such repair, except restoration and rebuilding (all of which are herein called "repair") shall be commenced within a reasonable time after such damage or destruction has occurred and shall be diligently pursued to completion. If the building cannot be lawfully rebuilt, then Lessee shall be responsible to rebuild a structure of comparable size and value as reasonably approved by Lessor. Notwithstanding the foregoing, in the event environmental or other conditions of reconstruction imposed by any governmental authority would make Lessee's continued use of the Premises infeasible for such changes operational or economic reasons, then upon delivery of written notice to Lessor, Lessee may terminate this Lease and surrender possession of the Premises to Lessor, in design or materials as may then which event: (a) Lessor shall be required by law. In such evententitled to all insurance proceeds available for repairs, Landlord shallrenovation and loss of rents; (b ) Lessor shall proceed with reasonable diligence to settle the insurance claims, to repair and rebuild the extent Premises and at to lease the times Premises to a suitable replacement tenant; and (c) Lessee shall remain liable to pay Lessor, as and when due, the amount by which Lessee's Rent obligations under this Lease exceed the amounts received by Lessor from the carriers as rental loss insurance proceeds and from the replacement tenant as rent, but only during the then-current term, and not during any extension of the insurance are made available current term regardless of whether Lessee previously notified Lessor of its election to Landlordextend the term, as provided in Section 4.4(c) and only so long as Tenant shall not be in default under 51 of this Lease, reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, Tenant shall pay the remainder. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of this Article 8 shall govern and control in all events.

Obligation to Rebuild. If any portion of the buildings, improvements, fixtures, equipment or property on the Leased Premises is shall be damaged or destroyed destroyed, in whole or in part, by fire or any other casualtycasualty during the term hereof, Tenant shall forthwith give notice thereof agrees to Landlord. Tenant shall promptly obtain an estimate from a licensed architect or contractor of the cost to complete such restore, repair, restoration, rebuilding or replacement, replace and Tenant shall, at its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon nearly as reasonably possible, possible to the condition they the same were in immediately prior to such damage or destruction. Such restoration, except for repairs, replacements or rebuilding shall be commenced within sixty (60) days from the date of settlement within the insurance covenants but in no event later than one hundred twenty (120) days after the date of destruction, and prosecuted with reasonable diligence; or if the improvements are not economically tenantable because of such changes destruction, and/or in design or materials as may then be required by law. In such event, Landlord shall, to the extent and at the times the proceeds event more than fifty percent (50%) of the insurance are made available to Landlordbuilding area upon the Leased Premises is damaged or destroyed, and only so long as Tenant shall not be in default under this Lease, reimburse Tenant for during the costs of making such repairs, restoration, rebuilding and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion last year of the work for which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacementslease term, Tenant shall pay have the remainderright to terminate this Lease by written notice to the Landlord given within sixty (60) days after such damage or destruction, to be effective sixty (60) days from the date of receipt of such notice. Any surplus In the event of such termination all such insurance proceeds over payable by virtue of such damage or destruction to the cost building improvements and fixtures (but not furniture, furnishings, equipment or goods of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, Tenant) shall be promptly paid over to Landlord. If at any time during the term hereof the Leased Premises are damaged or destroyed and Tenant hereby waives any statutory right relating to casualties, it being understood and agreed is finally precluded by the parties that public authorities from rebuilding, restoring or repairing the provisions Leased Premises, then this Lease shall automatically terminate, and all the insurance proceeds payable by virtue of this Article 8 such damage or destruction to the building improvements and fixtures (but not furniture, furnishings, equipment or goods of the Tenant) shall govern and control in all eventsbe paid to Landlord.

Obligation to Rebuild. If any portion of the Premises is damaged or destroyed by fire or other casualty, Tenant shall forthwith give notice thereof to Landlord. Tenant shall Sterling Master Form Lease 11/07/00 promptly obtain an estimate from a licensed architect or contractor of the cost to complete such repair, restoration, rebuilding or replacement, and Tenant tenant shall, at its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in prior to such damage or destruction, except for such changes in design or materials as may then be required by law. In such event, Landlord shall, to the extent and at the times the proceeds of the insurance are made available to Landlord, and only so long as Tenant shall not be in default under this Lease, reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, Tenant shall pay the remainder. Any surplus of insurance proceeds over the cost of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration thereof, shall be promptly paid over to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of this Article 8 shall govern and control in all events.

Obligation to Rebuild. If any portion of the Premises is damaged or destroyed by fire or other casualty, Tenant shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain an estimate from a licensed architect or contractor of the cost to complete such repair, restoration, rebuilding or replacement, and Tenant shall, at . At its sole cost and expense, Tenant shall promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon as reasonably possible, to the condition they were in prior to such damage or destruction, except for such changes in design or materials as may then be required by law. In such event, Landlord shall, shall (to the extent and at the times the proceeds of the insurance are made available to Landlord, and only so long as Tenant shall is not be in default under this Lease), reimburse Tenant for the costs of making such repairs, restoration, rebuilding and replacements as they are completed, but not more often than once each month, upon receipt of a written request therefor, which . Such request shall be accompanied by a certification from Tenant's architect certifying as to the completion of the work for which reimbursement is being requested. To the extent, if any, that the insurance proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairs, restoration, rebuilding and replacements, Tenant shall pay the remainder. Any surplus of In the event that Tenant elects to terminate this Lease and the insurance proceeds over are less than the cost amount of restorationthe unpaid rent under the Ground Lease for the balance of the Ground Lease term, net of all reasonable expenses incurred by Tenant agrees to pay the difference to Landlord in connection with the administration thereof, shall be promptly paid over to cash (or cash equivalent) within thirty (30) days after receipt of a xxxx from Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the The provisions of this Article 8 shall govern and control in all eventsbe governed by Article 17 of the Ground Lease.

Obligation to Rebuild. If Subject to the provisions of Section 14.5 below, if, at any portion of time during the Premises is Term, the Improvements or any part thereof shall be damaged or destroyed by fire or other casualtycasualty (including any casualty for which insurance coverage was not obtained or obtainable) of any kind or nature, Tenant shall forthwith give notice thereof to Landlord. Tenant shall promptly obtain an estimate from a licensed architect ordinary or contractor of the cost to complete such repairextraordinary, restorationforeseen or unforeseen, rebuilding or replacement, and Tenant shallTenant, at its sole cost and expenseexpense (if the Insurance proceeds are payable in connection with such damage, promptly or destruction, but are inadequate to pay the costs of restoration, Tenant shall nonetheless be obligated to restore and repair the Improvements), and shall commence (within a reasonable time after the occurrence of such fire or other casualty, subject to allowance for the purpose of adjusting the insurance loss, unavoidable delay and time reasonably necessary to complete plans and specifications and obtain necessary building and other permits) to repair, alter, restore, replace or rebuild or replace the damaged or destroyed improvements, fixtures or equipment, and complete the same as soon nearly as reasonably possible, practicable to the its condition they were in prior to such damage or destruction, except for subject to such changes or alterations as Tenant may elect to make in design or materials as conformity with the provisions of Article IX hereof, and those which may then be required by lawapplicable Law including, without limitation, rules, regulations, codes or ordinances and shall thereafter diligently complete such repair and restoration. In such event, Landlord shall, to the extent and at the times the proceeds of the insurance are made available to Landlord, and only so long as Notwithstanding that Tenant shall not be in default under this Leaseobligated to commence such repair, reimburse Tenant for the costs of making such repairsalteration, restoration, replacement or rebuilding until a reasonable time after the date of such fire or other casualty, Tenant shall promptly remove all debris and replacements as they are completedrubble caused thereby and place the Premises in a clean, but not more often than once each monthsafe and sightly condition. Such repair, upon receipt of a written request therefor, which request shall be accompanied by a certification from Tenant's architect certifying as to completion of the work for which reimbursement is being requested. To the extent, if any, that the proceeds of insurance made available by Landlord are insufficient to pay the entire cost of making such repairsalteration, restoration, rebuilding replacement or rebuilding, including such changes and replacements, Tenant shall pay alterations as aforementioned and including temporary repairs for the remainder. Any surplus protection of insurance proceeds over other property pending the cost completion of restoration, net of all reasonable expenses incurred by Landlord in connection with the administration any thereof, shall be promptly paid over are sometimes referred to Landlord. Tenant hereby waives any statutory right relating to casualties, it being understood and agreed by the parties that the provisions of in this Article 8 shall govern and control in all eventsXIV as the “Work”.