Common use of Rebuilding Clause in Contracts

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 ▇▇▇▇▇▇▇▇. 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 elects to terminate rebuild the Leased ---------- Premises as provided by subparagraph A of this Lease paragraph, this lease shall continue in accordance with full force and effect and Landlord shall, at his expense, but only from insurance proceeds released by the foregoing Article 8.01holder of any mortgage lien upon the Leased Premises, Landlord will commence to restore the Building and the Premises same to substantially the condition that existed the Leased Premises were in immediately prior to such damage or destruction except as otherwise TENANT ___________________ provided in this paragraph 12. Landlord's obligation under this paragraph shall in no event exceed the occurrence scope of such casualty, subject to (a) modifications the work required by zoning and building codes and other applicable laws, (b) modifications required by any Mortgagee, and (c) provided that access to Landlord in the Premises or original construction of the Building is not materially impaired, any modifications to the parking, landscaping and open areas surrounding the Building deemed desirable by ▇▇▇▇▇▇▇▇Leased Premises. Landlord shall not be required to, but Tenant shall, replace or restore any furnishings, fixtures or equipment it may have installed in the Leased Premises pursuant to rebuildparagraph 5 of this Lease. The parties shall promptly commence and diligently proceed with their restoration obligations hereunder. If Landlord elects to rebuild as aforesaid, repair or replace any part of Tenant’s removable partitions, furniture, fixtures, then the rent and equipment, or any alterations or improvements made additional rent shall ▇▇▇▇▇ proportionately during the period and to the extent that the Leased Premises after are unfit for use by Tenant in the Commencement Dateordinary conduct of its permitted uses hereunder. Notwithstanding the foregoing provisions, and will not be required to spend an amount in excess of the insurance proceeds (plus event the deductible amount) actually received Leased Premises are damaged or destroyed by Landlord fire or other casualty due to the casualty. Landlord will not fault or neglect of Tenant, its agents, employees or invitees, then, without prejudice to any other rights and remedies of Landlord, there shall be liable for no apportionment or abatement of 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 PAYMENTSrent.