Common use of Partial Destruction Clause in Contracts

Partial Destruction. If following damage or destruction to the Premises by fire or other casualty, this Lease is not terminated pursuant to Section 7.1 hereof, Landlord shall proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same conditions in which they existed prior to the damage. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Tenant, its agents, employees, invitees or those for whom Tenant is responsible, the Base Rent payable under this Lease during the period for which the Premises are untenantable shall be reduced to an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the portion of the Premises not rendered untenantable bears to the total area of the Premises prior to the casualty, Landlord’s obligation to rebuild or restore under this Section shall be limited to restoring to substantially the condition in which the same-existed prior to the casualty, and Tenant shall, promptly after the completion of such work by Landlord, proceed with reasonable diligence and at Tenant’s sole cost and expense to otherwise make the Premises suitable for Tenant’s use.

Partial Destruction. If following damage or destruction In the event of Partial Destruction to the Premises by fire or other casualtyany Leased Property, this Lease is Rent shall not terminated pursuant to Section 7.1 hereof, Landlord shall proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same conditions in which they existed prior to the damage. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Tenant, its agents, employees, invitees or those for whom Tenant is responsible, the Base Rent payable under this Lease during the period for which the Premises are untenantable shall be reduced to an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the portion of the Premises not rendered untenantable bears to the total area of the Premises prior to the casualty, Landlord’s obligation to rebuild or restore under this Section shall be limited to restoring to substantially the condition in which the same-existed prior to the casualty, ▇▇▇▇▇ and Tenant shall, subject to the Secured Loan Documents, using the proceeds of insurance and with due diligence, repair, rebuild or replace the damaged Leased Property, such that following such repair, rebuilding or replacement such Leased Property shall be substantially the same as, or better than, prior to such damage or destruction. Tenant shall promptly notify Landlord and the applicable insurance carriers of all such casualties and fully cooperate in processing the claim with the applicable insurance carriers. Tenant shall promptly make all necessary arrangements for the appropriate contractors and suppliers to repair and/or replace the damaged portion of the Leased Property. All such work shall be undertaken by Tenant in a workmanlike manner and in accordance with plans and specifications approved by Landlord (which approval or disapproval shall be made within fifteen (15) business days after Landlord receives the completion applicable plans or specifications and, if applicable, within five (5) business after Landlord receives any modifications of said plans or specifications), failing which the Landlord shall be deemed to have approved, provided that the parties agree that the standard for such repair and/or replacement shall be to repair and/or replace the damaged portion of the Improvements to levels of quality and quantity that are equal to those that existed with respect to such portion of the Improvements prior to the occurrence of the damage at issue. If insurance proceeds are insufficient to pay all of the costs of such work by Landlordrepair, proceed with reasonable diligence rebuild, or replacement, Tenant shall use funds available in the Capital Renewals Reserve to fund such shortfall, and at Tenant’s sole cost and expense to otherwise make if there are inadequate funds in the Premises suitable for Tenant’s use.Capital Renewals Reserve, then the provisions of Section 5.3 regarding

Partial Destruction. If following damage or destruction to the Leased Premises by fire or other casualty, this Lease is not terminated pursuant to Section 7.1 hereof, Landlord shall proceed proceed, to the extent of insurance proceeds actually received by Landlord after the exercise by any mortgagee of the Property of an option to apply proceeds against Landlord's debt to such mortgagee, with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same conditions in which they existed prior to the damage. If the Leased Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Tenant, its agents, employees, invitees or those for whom Tenant is responsible, the Base Rent payable under this Lease during the period for which the Leased Premises are arc wholly or partially untenantable shall be reduced to in an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the portion of the Premises not rendered untenantable bears to the total area of the Premises prior to the casualty, equitable manner. Landlord’s 's obligation to rebuild or restore under this Section shall be limited to restoring the Leased Premises to substantially the condition in which the same-same existed prior to the casualty, exclusive of improvements for which Tenant is responsible under the terms of the Leasehold Improvements Agreement, if any, described above in Section 6.1, and Tenant shall, promptly after the completion of such work by Landlord, proceed with reasonable diligence and at Tenant’s 's sole cost and expense to restore those improvements for which Tenant is responsible under the terms of such Leasehold Improvements Agreement to substantially the condition in which the same existed prior to the casualty and to otherwise make the Leased Premises suitable for Tenant’s 's use.

Partial Destruction. (a) If following damage or destruction to the Premises building and/or other improvements comprising a part of the leased premises should be partially damaged by fire or other casualty, and rebuilding or repairs can reasonably be completed within ninety (90) working days from the date of written notification by Lessee to Lessor of the destruction, this Lease is shall not terminated pursuant to Section 7.1 hereofterminate, Landlord and Lessor shall proceed with reasonable diligence to rebuild or repair the Building building or other improvements to substantially the same conditions condition in which they existed prior to the damage. However, Lessor's duty or obligation to repair or rebuild the leased premises shall be limited to the extent, and only to the extent, that Lessor actually receives insurance proceeds in connection with any such damage or destruction after payment of all of Lessor's reasonable costs and expenses in obtaining such insurance proceeds. (b) Notwithstanding the preceding subsection, in the event that Lessor fails to substantially complete the necessary repairs or rebuilding within one hundred twenty (120) working days from the date of written notification by Lessee to Lessor of the destruction, Lessee may at its option terminate this Lease by delivering written notice of termination to Lessor before such time as Lessor has substantially completed the repairs or rebuilding, whereupon all rights and obligations under this Lease shall cease to exist. (c) If the Premises leased premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of TenantLessee, its agents, employees, invitees invitees, or those for whom Tenant Lessee is responsible, the Base Rent rent payable under this Lease during the period for which the Premises leased premises are untenantable shall be reduced adjusted to such an amount determined by multiplying extent as may be fair and reasonable under the Base Rent that would otherwise be payable but for this provision by the ratio that the portion of the Premises not rendered untenantable bears to the total area of the Premises prior to the casualty, Landlord’s obligation to rebuild or restore under this Section shall be limited to restoring to substantially the condition in which the same-existed prior to the casualty, and Tenant shall, promptly after the completion of such work by Landlord, proceed with reasonable diligence and at Tenant’s sole cost and expense to otherwise make the Premises suitable for Tenant’s usecircumstances.

Partial Destruction. If following damage In the event the Building or destruction to the Premises is damaged by fire fire, tornado or other casualty, but only to such extent that rebuilding or repairs can be completed within two hundred ten (210) days after the date of such damage, or if the damage is more serious but neither Landlord nor Tenant elects to terminate this Lease is not terminated pursuant to Section 7.1 hereofLease, Landlord shall proceed will, following Landlord's receipt of insurance proceeds with reasonable diligence respect to such damage in an amount sufficient (in Landlord's discretion) to pay the costs of the following rebuilding or repair, commence to rebuild or repair the Building or other improvements and/or the Premises and proceed with reasonable diligence to restore the Building and/or the Premises to substantially the same conditions condition in which they the same existed immediately prior to the damage. If happening of the Premises are casualty; provided, however, that (i) Landlord will not be required to be rebuilt rebuild, repair or repaired replace any part of the furniture, equipment, fixtures and are untenantable in whole leasehold improvements which have been placed by Tenant, or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence on behalf of Tenant, its agentson or within the Premises, employees, invitees or those for whom nor any Alterations which Tenant is responsiblerequired to insure pursuant to Section 9.1.2 above, (ii) Landlord shall not be required to rebuild or repair any damage to the Base Rent payable extent that such damage is not insured under the insurance policy or policies required to be carried by Landlord pursuant to Section 9.3 above, nor shall Landlord be required to spend more than the amount of insurance proceeds actually received, and (iii) in no event shall Landlord be required to rebuild or repair the Premises or Building to other than substantially the same condition each was in immediately prior to the happening of the fire or other casualty. In the event the repairs and rebuilding of the Building or the Premises (as the case may be) have not been substantially completed within two hundred forty (240) days following the occurrence of the subject casualty, and provided that the statement of the estimated time for rebuilding or repair delivered by Landlord indicated the repairs could be effectuated within two hundred ten (210) days, Tenant may elect to terminate this Lease during by providing Landlord with written notice of termination following the expiration of such two hundred forty (240) day period so long as notice is delivered to Landlord prior to Landlord's substantial completion of such rebuilding or repairs; provided, that for purposes of this paragraph, "substantial completion" of the repairs or rebuilding shall be deemed to have occurred when (a) the architect responsible for preparing the appropriate plans and construction drawings for such repair or rebuilding has certified in writing that the repairs and/or rebuilding have been completed in accordance with the agreed plans and that the repairs and rebuilding are in good and satisfactory condition, subject only to completion of minor punch list items which do not materially interfere with Tenant's use of the Premises are untenantable shall be reduced to an amount determined by multiplying as contemplated and permitted hereby, and (b) if applicable, a Certificate of Occupancy for the Base Rent that would otherwise be payable but for this provision by the ratio that the applicable portion of the Premises not rendered untenantable bears so repaired or rebuilt has been reissued by the City of Frisco, Texas, and obtained by Landlord. Following any such rebuilding or repair by Landlord, Tenant shall rebuild and repair Tenant's insured Alterations, fixtures and improvements in the Premises. Landlord will allow Tenant an equitable abatement of rent during the time the Premises are unfit for occupancy due to such damage or casualty. In the event any mortgagee under a deed of trust, security agreement or mortgage on the Building requires that the insurance proceeds be applied to the total area of the Premises prior to the casualtydebt secured thereby, Landlord’s Landlord will have no obligation to rebuild or restore under this Section shall be limited is unable to restoring to substantially the condition in which the same-existed prior to the casualtyby virtue of any such requirement or by virtue of any restrictions, prohibitions or requirements of law, and Tenant shallif Landlord elects not to rebuild or is unable to rebuild by virtue of any such requirement or by virtue of any restrictions, promptly after the completion prohibitions or requirements of law, this Lease will terminate upon notice of such work election given by LandlordLandlord to Tenant. Except as specifically provided above, proceed with reasonable diligence and at Tenant’s sole cost and expense to otherwise make the Premises suitable for Tenant’s usethere will be no reduction of rental.

Partial Destruction. If following damage or destruction to the Premises or Building are damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's contractor reasonably estimates in a writing delivered to Landlord and Tenant that the damage thereto may be repaired, reconstructed or restored to substantially its condition immediately prior to such damage within, subject to Paragraph 33 below, one hundred eighty (180) days from the date of such casualty, this Lease and Landlord will receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration (including proceeds from Tenant and/or Tenant's insurance which Tenant is not terminated required to deliver to Landlord pursuant to Section 7.1 hereofSubparagraph 20(e) below to cover Tenant's obligation for the costs of repair, Landlord shall proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same conditions in which they existed prior to the damage. If the Premises are to be rebuilt or repaired reconstruction and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence restoration of Tenant, its agents, employees, invitees or those for whom Tenant is responsible, the Base Rent payable under this Lease during the period for which the Premises are untenantable shall be reduced to an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the any portion of the Premises not rendered untenantable bears Tenant Improvements and any Alterations for which Tenant is responsible under this Lease), then Landlord agrees to commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease will continue in full force and effect. Notwithstanding anything to the total area contrary contained in this Lease (including, but not limited to, Paragraph 19 (c) above), Tenant shall only be responsible for the first $50,000 of the Premises prior deductible under any earthquake coverage carried by Landlord with respect to the casualtyBuilding with Landlord responsible for the next $50,000 of such deductible. In the event such deductible exceeds $100,000, Landlord’s obligation to rebuild or restore then, in the event of any earthquake triggering coverage under such earthquake policy, either party may terminate this Section shall be limited to restoring to substantially the condition in which the same-existed prior Lease by written notice to the casualty, and Tenant shall, promptly after other effective as of the completion date of such work by Landlordearthquake unless the other party, proceed with reasonable diligence and at Tenant’s sole within ten (10) days of receipt of such notice of termination, delivers written notice to the terminating party of its agreement to pay for the cost and expense of repairing such earthquake damage to otherwise make the Premises suitable for Tenant’s useBuilding in excess of $100,000.

Partial Destruction. If following damage or destruction to the Premises are damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's contractor reasonably estimates in a writing delivered to Landlord and Tenant that the damage thereto may be repaired, reconstructed or restored to substantially its condition immediately prior to such damage within one hundred eighty (180) days from the date of such casualty, this Lease and Landlord will receive insurance proceeds sufficient to cover the costs of such repairs, reconstruction and restoration (including any contributions required hereunder by Landlord or Tenant and proceeds from Tenant and/or Tenant's insurance which Tenant is not terminated required to deliver to Landlord pursuant to Section 7.1 hereofSubparagraph 20(e) below to cover Tenant's obligation for the costs of repair, reconstruction and restoration of any portion of the Tenant Improvements and any Alterations for which Tenant is responsible under this Lease), then Landlord shall agrees to commence and proceed diligently with reasonable diligence to rebuild or repair the work of repair, reconstruction and restoration of the Building or other improvements Shell and Core Improvements, and, to the extent of insurance proceeds paid to Landlord for loss to Tenant Improvements, to fund such costs toward the reconstruction of the Tenant Improvements by Tenant. Tenant shall be responsible, notwithstanding the availability to Tenant of insurance proceeds, to fund and reconstruct the Tenant Improvements to substantially the same conditions in which condition as they existed prior to the damage. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Tenant, its agents, employees, invitees or those for whom Tenant is responsible, the Base Rent payable under this Lease during the period for which the Premises are untenantable shall be reduced to an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the portion of the Premises not rendered untenantable bears to the total area of the Premises prior to the casualty, Landlord’s obligation to rebuild or restore under this Section shall be limited to restoring to substantially the condition in which the same-existed prior to the such casualty, and Tenant shallin the manner described in Paragraph 4(b) above, promptly after the completion of such work by Landlord, proceed with reasonable diligence and at Tenant’s sole cost this Lease will continue in full force and expense to otherwise make the Premises suitable for Tenant’s useeffect.

Partial Destruction. If following damage or destruction to the Premises or the Buildings are damaged by fire or other casualty to an extent not exceeding twenty-five percent (25%) of the full replacement cost thereof, and Landlord's contractor reasonably estimates in a writing delivered to Landlord and Tenant that the damage thereto may be repaired, reconstructed or restored to substantially its condition immediately prior to such damage within one hundred eighty (180) days from the date of such casualty, this Lease and Landlord will receive insurance --- proceeds sufficient to cover the costs of such repairs, reconstruction and restoration (including proceeds from Tenant and/or Tenant's insurance which Tenant is not terminated required to deliver to Landlord pursuant to Section 7.1 hereofSubparagraph 20(e) below to cover Tenant's obligation for the costs of repair, Landlord shall proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same conditions in which they existed prior to the damage. If the Premises are to be rebuilt or repaired reconstruction and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence restoration of Tenant, its agents, employees, invitees or those for whom Tenant is responsible, the Base Rent payable under this Lease during the period for which the Premises are untenantable shall be reduced to an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the any portion of the Premises not rendered untenantable bears Tenant Improvements and any Alterations for which Tenant is responsible under this Lease) or Tenant agrees in writing to promptly pay to Landlord sums sufficient (with insurance proceeds received by Landlord) to pay for all such work and Tenant promptly delivers to Landlord reasonable evidence that Tenant will be able to pay such sums without materially and adversely affecting Tenant's ability to operate its business or perform its obligations under this Lease, then Landlord shall commence and proceed diligently with the work of repair, reconstruction and restoration and this Lease shall continue in full force and effect. Tenant shall have no right to repayment or reimbursement of any sums paid by Tenant to fund the work, nor shall Tenant have any interest in or to the total area Premises, Building or Development as a result of the Premises prior to the casualty, Landlord’s obligation to rebuild or restore under this Section shall be limited to restoring to substantially the condition in which the same-existed prior to the casualty, and Tenant shall, promptly after the completion of any such work payment by Landlord, proceed with reasonable diligence and at Tenant’s sole cost and expense to otherwise make the Premises suitable for Tenant’s use.

Partial Destruction. If following damage or destruction to the Premises by fire or other casualty, this Lease is not terminated pursuant to Section 7.1 hereof, Landlord shall proceed with reasonable diligence to rebuild or repair the Building or other improvements to substantially the same conditions in which they existed prior to the damage. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the damage, and the damage or destruction was not caused or contributed to by act or negligence of Tenant, its agents, employees, invitees or those for whom Tenant is responsible, the Base Rent payable under this Lease during the period for which the Premises are untenantable shall be reduced to an amount determined by multiplying the Base Rent that would otherwise be payable but for this provision by the ratio that the portion of the Premises not rendered untenantable bears to the total area of the Premises prior to the casualty, Landlord’s obligation to rebuild or restore under this Section shall be limited to restoring to substantially the condition in which the same-same existed prior to the casualty, and Tenant shall, promptly after the completion of such work by Landlord, proceed with reasonable diligence and at Tenant’s sole cost and expense to otherwise make the Premises suitable for Tenant’s use.