Rebuilding. In the event that this Lease is not terminated by reason of such condemnation, Landlord shall, to the extent of the awards applicable to the building of which the Premises are a part actually received by Landlord and Tenant in connection with such condemnation, and subject to the provisions of any Landlord's mortgage concerning the application of condemnation proceeds, cause such restoration and repair to the remaining portion of the Premises to be done as may be necessary to restore them to an architectural and usable whole reasonably suitable for the conduct of the business of Tenant.
Rebuilding. We are not required to rebuild or reinstate your home in the case of destruction, serious structural damage or deterioration. We will ensure alternative housing is provided so long as the destruction, serious structural damage or deterioration is not as a result of a tenancy breach.
Rebuilding. In the event, during the Lease Term, the improvements on the Demised Premises are damaged or destroyed in whole or in part by fire or other casualty insured under the insurance carried by Tenant pursuant to Section 13.1 and the insurance proceeds are not required to be paid to any mortgagee under any mortgage upon the Demised Premises, then Landlord shall, after the adjustment of the insurance loss and receipt of insurance proceeds, immediately commence and diligently pursue the restoration of such improvements to good and tenantable condition unless Landlord shall elect not to rebuild as hereinafter provided. If (a) the insurance proceeds are insufficient to pay the full cost of the repairs (unless Tenant deposits sufficient funds with Landlord pursuant to Section 13.3 to pay the full cost of the repairs), (b) more than thirty-five percent (35%) of the improvements on the Demised Premises shall be destroyed by fire or other casualty, or (c) during the last twelve (12) months of the Lease Term (unless Tenant has previously exercised its option to renew), more than twenty percent (20%) of the improvements on the Demised Premises shall be destroyed by fire or other casualty, then each of Landlord and Tenant may, at its option, terminate this Lease by notice in writing delivered to the other within one hundred twenty (120) days after the occurrence of such fire or other casualty. If Landlord is obligated or elects to perform such repairs, the improvements on the Demised Premises are partially or totally untenantable, the fire or other casualty occurred through no fault directly or indirectly or Tenant, its employees, agents, contractors, customers or invitees and provided that rental interruption insurance is available at the time in question for similar properties in the locality in which the Demised Premises are located, then the Rent shall be proportionately reduced during the period of rebuilding, based upon the untenantable portion of the improvements on the Demised Premises, provided that Tenant does not in fact occupy such untenantable portion of the Demised Premises.
Rebuilding. If this Lease is not terminated pursuant to Section 13.2, the Lease will remain in full force and the Landlord will, to the extent of insurance proceeds made available, cause the damage or destruction to the Landlord’s Work and to the Building damaged or destroyed to be promptly repaired, restored or reconstructed and the Tenant will promptly repair, restore or reconstruct Tenant’s Work. The Landlord will not be required to repair, restore or reconstruct any other part of the Building. It is expressly understood that all repair and rebuilding by the Landlord under any provision of this Article 13 may be carried out by the Landlord, as the Landlord, in its discretion, determines and, without limiting the generality of the foregoing, in no event shall the Landlord be bound to repair or rebuild the Premises or the Building to their original form, specification or dimension, except that the materials used shall not be of a quality inferior to the materials used in the Building at the Commencement Date. The obligation to resume paying Rent shall, subject to Section 13.1 hereof, resume on the later of (i) thirty (30) days following the Landlord’s completion of its repairs or rebuilding of the Premises or (ii) on the day the Parts of the Building that are necessary for the Tenant’s operation are completed.
Rebuilding. If less than 10% of the Premises or less than 15% of the Shopping Center or of the parking spaces in the Common Areas are condemned, or if Landlord does not terminate this Lease under Section 12.02, then Landlord shall promptly rebuild the Premises and the Shopping Center on the land remaining to a complete unit of a quality and character as close as practical to that which existed before the condemnation (excluding Tenant's merchandise, trade fixtures, furnishings, and equipment). Tenant shall promptly replace its merchandise, trade fixtures, furnishings, and equipment in the Premises within 30 days after Landlord substantially completes its rebuilding work. Tenant also shall rebuild Tenant's Work within the same time period if that part of the condemnation award received by Landlord that is attributable to the Premises is not sufficient for Landlord to rebuild the Premises. Tenant may close Tenant's business during the rebuilding only with Landlord's approval, and if Tenant has so closed, it shall reopen for business by the 30th day after Landlord substantially completes its rebuilding work. However, Landlord is not required to spend more on the rebuilding than that part of the condemnation award received by Landlord that is attributable to the area to be rebuilt, less that part of'all expenses, costs, legal fees and court costs incurred by Landlord in connection with such award and that are attributable to that part of the award.
Rebuilding. If neither Landlord nor Tenant elects to ---------- terminate this Lease as provided in Paragraph 12(A), then this Lease shall continue in full force and effect and Landlord shall, at his expense, but only from insurance proceeds released by the holder of any mortgage lien upon the Leased Premises, restore the same to substantially the condition the Leased Premises were in immediately prior to such damage or destruction except as otherwise provided in this Paragraph 12."
Rebuilding. If Landlord fails to terminate this Lease in accordance with the foregoing Article 8.01, Landlord will commence to restore the Building and the Premises to substantially the condition that existed prior to the occurrence of such casualty, subject to (a) modifications required by zoning and building codes and other applicable laws, (b) modifications required by any Mortgagee, and (c) provided that access to the Premises or the Building is not materially impaired, any modifications to the parking, landscaping and open areas surrounding the Building deemed desirable by Xxxxxxxx. Landlord shall not be required to rebuild, repair or replace any part of Tenant’s removable partitions, furniture, fixtures, and equipment, or any alterations or improvements made to the Premises after the Commencement Date, and will not be required to spend an amount in excess of the insurance proceeds (plus the deductible amount) actually received by Landlord due to the casualty. Landlord will not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from the casualty or its repair. TENANT ACKNOWLEDGES THAT IT HAS BEEN ADVISED THAT IF THE PREMISES OR BUILDING ARE DAMAGED OR DESTROYED BY FIRE OR OTHER CASUALTY THERE WILL BE NO ABATEMENT OF BASE RENT OR ADDITIONAL RENT AND THAT TENANT SHOULD OBTAIN INSURANCE TO PROVIDE FOR SUCH PAYMENTS.
Rebuilding. If Landlord fails to terminate this Lease in accordance with the foregoing Article 8.01, Landlord will commence to restore the Building and the Premises to substantially the condition that existed prior to the occurrence of such casualty, subject to (a) modifications required by zoning and building codes and other applicable laws, (b) modifications required by any Mortgagee, and (c) provided that access to the Premises or the Building is not materially impaired, any modifications to the parking, landscaping and open areas surrounding the Building deemed desirable by Xxxxxxxx. Landlord shall not be required to rebuild, repair or replace any part of Tenant’s removable partitions, furniture, fixtures, and equipment, or any alterations or improvements made to the Premises after the Commencement Date, and will not be required to spend an amount in excess of the insurance proceeds (plus the deductible amount) actually received by Landlord due to the casualty. Landlord will not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from the casualty or its repair.
Rebuilding. In the event that all or any part of phases one and two of the Project is destroyed or damaged, said Project can be legally reconstructed to its condition prior to such damage or destruction, and thereafter exist for the same use without violating any zoning or other ordinances applicable thereto and without the necessity of obtaining any variances or special permits, other than customary demolition, building and other construction related permits.
Rebuilding. If neither party elects to so terminate the Lease, Landlord shall promptly rebuild the Premises to a complete unit of a quality and character as close as practical to that which existed before the condemnation, using available condemnation proceeds.
