Common use of Premises Partial Damage Clause in Contracts

Premises Partial Damage. If Premises Partial Damage occurs, then Landlord shall, at Landlord's expense, repair such damage (but not Tenant's Trade Fixtures or Tenant-Owned Alterations and Utility Installations) as soon as reasonably possible, but only to the extent of the available insurance proceeds. In the event that the available insurance proceeds are insufficient to enable Landlord to fully restore the Premises to the condition they were in prior to any Premises Partial Damage and, as a result, Landlord elects not to fully restore the Premises to such condition, Landlord shall promptly notify Tenant to that effect in writing in which case Tenant shall elect one of the following options: (a) agree to supply Landlord with funds equal to the difference between the available insurance proceeds and the cost to fully restore the Premises, in which case Landlord shall promptly fully restore the Premises to the condition they were in prior to the Premises Partial Damage, (b) terminate the Lease by written notice of termination to Landlord, in which case Tenant shall be entitled to continue to occupy the Premises, subject to all of the terms of the Lease, for a reasonable period of time (not to exceed 12 months, while Tenant secures another comparable facility to relocate to, or (c) continue to occupy the Premises for the remainder of the Lease Term, in which case Landlord shall promptly restore the Premises to the extent permitted by the available insurance proceeds and this Lease shall continue in full force and effect (and Tenant, at its option and expense, may make additional repairs to the Premises to more fully restore them to the condition they were in prior to the Premises Partial Damage). Tenant shall advise Landlord in writing as to which option Tenant elects within sixty (60) days after Tenant's receipt of Landlord's initial notice. Unless otherwise agreed, Tenant shall in no event have any right to reimbursement from Landlord for any funds contributed or costs incurred by Tenant to repair any Premises Partial Damage. For purposes of the foregoing, "available insurance proceeds" shall include any amounts which would have been available in the absence of Landlord's failure to maintain the insurance required under, or otherwise comply with the provisions of Paragraph 8.3 (a).

Premises Partial Damage. If at any time during the term of this Lease there is damage which falls into the classification of Premises Partial Damage occurs(including damage required by any authorized public authority) and Landlord's insurance is sufficient to repair such damage, then this Lease shall remain in full force and effect and Landlord shallshall within one hundred eighty (180) days of receiving such notice, repair the Leased Premises to a condition that remedies any material interference with Tenant's normal operations at Landlord's expense, the Leased Premises and promptly thereafter permanently repair such damage (but not Tenant's Trade Fixtures or Tenant-Owned Alterations and Utility Installations) as soon as reasonably possible, but only to a condition substantially equivalent to its former condition to the extent permitted by law; provided that (i) if construction is delayed because of changes, deletions, or additions in construction requested by Tenant or because of one or more strikes, lockouts, labor troubles, civil disorders, failures of power, riots, insurrections, accidents, casualties, acts of God, war, adverse weather conditions, material or labor shortages, unusual transportation delays, governmental regulation or control, acts caused directly by Tenant or Tenant's agents, employees and invitees, other causes beyond the control of the available insurance proceedsLandlord or other so called "force majeure" conditions, (collectively, "Excusable Delays"), the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed and (ii) Landlord shall not be required to rebuild, repair or replace any part of partitions, fixtures, additions and other improvements which may have been placed in, on or about the Leased Premises by Tenant. Provided that the damage or destruction is covered as an insured peril under Landlord's rent loss policy, for any period and to the extent that Tenant cannot conduct its operations in the Leased Premises on account of such damage, destruction, repair or rebuilding, the Base Rent and other charges payable by Tenant hereunder shall be abated during the period of restoration, repair or rebuilding in an equitable manner as reasonably determined by Landlord. In the event that Landlord is obligated or elects to repair or restore any damage or destruction and fails to timely substantially complete the available insurance proceeds are insufficient to enable Landlord to fully restore same within the Premises to the condition they were in prior to any Premises Partial Damage andperiods provided above, as a result, Landlord elects not to fully restore the Premises to such condition, Landlord shall promptly notify Tenant to that effect in writing in which case Tenant shall elect one of the following options: (a) agree to supply Landlord with funds equal to the difference between the available insurance proceeds and the cost to fully restore the Premises, in which case Landlord shall promptly fully restore the Premises to the condition they were in prior to the Premises Partial Damage, (b) terminate the Lease by written notice of termination to Landlord, in which case Tenant shall be entitled to continue to occupy the Premises, subject to all of the terms of the Lease, for a reasonable period of time (not to exceed 12 months, while Tenant secures another comparable facility to relocate to, or (c) continue to occupy the Premises for the remainder of the Lease Term, in which case Landlord shall promptly restore the Premises to the extent permitted by the available insurance proceeds and this Lease shall continue in full force and effect (and then Tenant, at its option and expenseas its exclusive remedy, may make additional repairs to the Premises to more fully restore them to the condition they were in prior to the Premises Partial Damage). Tenant shall advise terminate and cancel this Lease upon giving Landlord in writing as to which option Tenant elects within sixty thirty (6030) days after Tenant's receipt of Landlord's initial written notice, provided that, within such thirty (30) days, Landlord shall not have substantially complied with its repair and restoration obligations in this Section 6.1; in which case all rights and obligations hereunder shall cease and terminate. Unless otherwise agreedNotwithstanding the above, Tenant shall in no event have any right to reimbursement from Landlord for any funds contributed or costs incurred by Tenant to repair any Premises Partial Damage. For purposes of the foregoing, "available insurance proceeds" shall include any amounts which would have been available in the absence of Landlord's failure to maintain if the insurance required underproceeds received by Landlord are not sufficient to effect such repair, or otherwise comply with if such casualty was caused by the provisions negligent or willful act or omission of Paragraph 8.3 (a)Tenant, Landlord may elect but shall have no obligation to complete such repair.