Common use of Repair and Restoration Clause in Contracts

Repair and Restoration. In the event of a taking which does not result in the termination of this Lease pursuant to Section 14.1 above, or a casualty which does not result in the termination of this Lease pursuant to Section 14.3 above, the Premises shall be repaired and restored in the manner provided in this Section. Lessor shall diligently act to restore the Building and the Premises (exclusive of Lessee's Work, any Alterations made by Lessee, and Lessee's Property) or, in case of taking, what remains thereof, to substantially the condition in which they existed prior to the occurrence of such taking or casualty, provided, however, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount of insurance proceeds or taking award actually received and allocable thereto (except that this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 above); (ii) Lessor shall not be required to restore or replace any of Lessee's Work, Alterations or Lessee's Property; and (iii) promptly upon completion of such work by Lessor, Lessee shall diligently act to restore and/or replace Lessee's Work, the Alterations and all of Lessee's Property to substantially the same condition they were in prior to the occurrence of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good and workerlike manner, and in compliance with all Legal Requirements. Lessor shall not be liable for any inconvenience or annoyance to Lessee or injury to the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and after the date of such taking or damage to the date on which Lessor substantially completes the restoration described above, to the extent the Premises are unusable for the Permitted Uses, but the amount of such abatement shall in no event exceed the amount received by Lessor under the rental loss insurance policy required by Section 8.2 above. Notwithstanding the foregoing provisions of this Section:

Repair and Restoration. In If the event Building should be damaged by any peril covered by the insurance to be provided by Landlord under Paragraph 12.A, but only to such extent that rebuilding or repairs can, in Landlord's sole estimation, be completed within two hundred (200) days after the date upon which Landlord is notified by Tenant of a taking which does not result in the termination of such damage, this Lease pursuant Agreement shall not terminate, and Landlord shall, at its sole cost and expense, thereupon proceed with reasonable diligence to Section 14.1 above, or a casualty which does not result in the termination of this Lease pursuant to Section 14.3 above, the Premises shall be repaired rebuild and restored in the manner provided in this Section. Lessor shall diligently act to restore repair the Building and the Premises (exclusive of Lessee's Work, any Alterations made by Lessee, and Lessee's Property) or, in case of taking, what remains thereof, to substantially the condition in which they it existed prior to the occurrence of such taking or casualty, provided, however, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount of insurance proceeds or taking award actually received and allocable thereto (except that Landlord may elect not to rebuild if such damage occurs during the last year of the term of this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 above); (ii) Lessor Lease Agreement, and except further than Landlord shall not be required to restore rebuild, repair or replace any part of Lessee's Workthe partitions, Alterations fixtures, additions and other personal property and improvements that may have been placed in, on or Lessee's Property; and (iii) promptly upon completion of about the Premises by Tenant. If the Premises are untenantable in whole or in part following such work by Lessor, Lessee shall diligently act to restore and/or replace Lessee's Workcasualty, the Alterations Base Rent and Additional Rent payable hereunder during the period in which they are untenantable shall be adjusted to such extent as may be fair and reasonable under all of Lessee's Property the circumstances. In the event Landlord fails to substantially the same condition they were in prior to the occurrence of complete such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good repairs and workerlike manner, and in compliance with all Legal Requirements. Lessor shall not be liable for any inconvenience or annoyance to Lessee or injury to the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and rebuilding within two hundred (200) days after the date upon which Landlord is notified by Tenant of such taking damage (unless any delay is due to changes, deletions or damage to additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulations or control or other causes beyond the date on reasonable control of Landlord, in which Lessor substantially completes the restoration described above, to the extent the Premises are unusable event such period shall be extended for the Permitted Uses, but the amount of such abatement time Landlord is so delayed), Tenant may, at its option, upon thirty (30) days prior written notice, terminate this Lease Agreement as Tenant's exclusive remedy, whereupon all rights and obligations hereunder shall in no event exceed the amount received by Lessor under the rental loss insurance policy required by Section 8.2 abovecease and terminate. Notwithstanding anything contained herein to the foregoing provisions contrary, Tenant shall also have the right to terminate this Lease in the event of this Section:damage or destruction to the Premises that makes such Premises untenable for Tenant's purposes if such damage or destruction occurs within the last year of the term hereof.

Repair and Restoration. In the event of a taking which does not result in the termination of this Lease pursuant to Section 14.1 12.1 above, or a casualty which does not result in the termination of this Lease pursuant to Section 14.3 12.4 above, or if, notwithstanding the occurrence of a substantial casualty described in Section 12.4, Lessor decides not to demolish the Building, the Premises shall be repaired and restored in the manner provided in this Section. Lessor shall diligently act to restore the Building and the Premises (exclusive of Lessee's Work, any all items or components of Alterations made which Lessee is by Lesseethis Lease either entitled to or required to remove upon the expiration or earlier termination of this Lease, and Lessee's Property) or, in case of taking, what remains thereof, to substantially the condition in which they existed prior to the occurrence of such taking or casualty, providedPROVIDED, howeverHOWEVER, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount of insurance proceeds or taking award actually received and allocable thereto (except that this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 7.4 above); (ii) Lessor shall not be required to restore or replace any Alterations which Lessee is by this Lease either entitled to or required to remove upon the expiration or earlier termination of Lessee's Work, Alterations or Lessee's Propertythis Lease; and (iii) promptly upon completion of such work by Lessor, Lessee Lessor shall diligently act not be required to restore and/or or replace Lessee's Work, the Alterations and all any of Lessee's Property to substantially the same condition they were in prior to the occurrence of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good and workerlike manner, and in compliance with all Legal RequirementsProperty. Lessor shall not be liable for any inconvenience or annoyance to Lessee or injury to the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and after the date of such taking or damage to the date on which Lessor substantially completes the restoration described above, to the extent the Premises are unusable for the Permitted Uses, but the amount of such abatement shall in no event exceed the amount received by Lessor under the rental loss insurance policy required by Section 8.2 above. Notwithstanding the foregoing provisions of this Section:.

Repair and Restoration. In If Lessee is required to repair and restore the event of a taking which does not result in the termination of this Lease pursuant to Section 14.1 aboveFacility 3 Property following any Material Casualty or any Condemnation, or a casualty which does not result in the termination of this Lease pursuant to Section 14.3 above, the Premises shall be repaired and restored in the manner provided in this Section. Lessor Lessee shall diligently act proceed to repair and restore the Building and the Premises (exclusive of Lessee's Work, any Alterations made by Lessee, and Lessee's Property) or, in case of taking, what remains thereof, Facility 3 Property to substantially the condition in which they it existed immediately prior to the occurrence of such taking Material Casualty or casualty, such Condemnation and shall complete all such repairs and restoration as soon as reasonably practicable; provided, however, that: (i) that Lessee shall in no any event shall Lessor be required to spend in connection with restoring the Premises more complete all such repairs and restoration not later than the amount earlier of (y) six (6) months after the occurrence of the Material Casualty or the Condemnation, and (z) six (6) months prior to the Scheduled Expiration Date unless (I) Lessee currently is exercising either the Term Purchase Option or the Expiration Date Purchase Option or (II) the Material Casualty or Condemnation occurs during the Construction Period and is not caused by any failure by Lessee to comply with any of its obligations under the Operative Documents (including its insurance proceeds obligations), any representation by Lessee in any of the Operative Documents not being true, any negligence or taking award actually received and allocable thereto willful misconduct of Lessee, or any claim by any third-party against Lessee (except that this limitation with respect to insurance proceeds shall not apply to casualties or against any Lessor Party) based upon any alleged action or inaction by Lessee). In the case of a Casualty or Condemnation occurring during such time as Lessor self-insures pursuant to Section 8.4 above); (ii) Lessor shall not be required to restore or replace any of Lessee's Work, Alterations or Lessee's Property; and (iii) promptly upon completion of such work by Lessorthe Construction Period, Lessee shall diligently act to restore and/or replace Lessee's Work, the Alterations make such repairs and all of Lessee's Property to substantially the same condition they were in prior to the occurrence of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good and workerlike manner, and in compliance with all Legal Requirements. Lessor shall not be liable for any inconvenience or annoyance to Lessee or injury to the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and after the date of such taking or damage to the date on which Lessor substantially completes the restoration described aboveusing, to the extent the Premises available, any Casualty and Condemnation Proceeds that are unusable available and are released to Lessee for the Permitted Uses, but the amount of such abatement shall in no event exceed the amount received by Lessor under the rental loss insurance policy required by Section 8.2 above. Notwithstanding the foregoing provisions of this Section:purpose pursuant to Subparagraph 3.04(f)

Repair and Restoration. In the event the use of a taking which does not result in any Easement or the termination maintenance of this Lease pursuant any Easement Area by the Owner of the dominant Parcel causes damage to Section 14.1 abovethe surface of the servient Parcel, or a casualty which does not result in the termination damage to or destruction of this Lease pursuant to Section 14.3 aboveany improvements located thereon (including buildings, structures, lawns, shrubbery or trees), the Premises Owner of the dominant Parcel shall be repaired and restored in repair and/or restore such surface or improvements to the manner provided in this Sectioncondition existing immediately prior to the event of damage. Lessor shall diligently act In the event the Owner of the dominant Parcel fails to restore commence the Building and repair or restoration of any such damage within thirty (30) days after its receipt of written notice from the Premises Owner of the servient Parcel (exclusive of Lessee's Work, any Alterations made by Lessee, and Lessee's Property) or, in case the event of takingan emergency or material impairment of access as soon as possible under the circumstances), what remains thereofand diligently pursue such cure to completion, the Owner of the servient Parcel shall have the right and license to substantially enter upon the condition Easement Area and undertake the necessary repair or restoration. All costs and expenses reasonably incurred by the Owner of the servient Parcel in which they existed prior performing such repair or restoration shall be payable by the Owner of the dominant Parcel. The Owner of the servient Parcel may deliver written notice (the "Reimbursement Notice") to the occurrence Owner of such taking the dominant Parcel specifying the nature of work done, and the payments made. In the event the Owner of the dominant Parcel fails to reimburse the Owner of the servient Parcel for the costs and expenses so incurred within ten (10) days after delivery of the Reimbursement Notice, (1) the overdue amount shall thereafter bear interest until paid at the lesser of one and one-half percent (1 1/2%) per month or casualty, provided, however, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount of insurance proceeds or taking award actually received and allocable thereto (except that this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 above); (ii) Lessor shall not be required to restore or replace any of Lessee's Work, Alterations or Lessee's Property; highest legally permitted rate and (iii2) promptly upon completion the Owner of the servient Parcel shall have the right to obtain a lien on the dominant Parcel as provided in Section 4(e) below in an amount equal to such work by LessorOwner's costs and expenses, Lessee shall diligently act to restore and/or replace Lessee's Work, the Alterations and all of Lessee's Property to substantially the same condition they were in prior to the occurrence of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good and workerlike manner, and in compliance together with all Legal Requirements. Lessor shall not be liable for any inconvenience or annoyance to Lessee or injury to the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and after the date of such taking or damage to the date on which Lessor substantially completes the restoration described interest as provided above, to the extent the Premises are unusable for the Permitted Uses, but the amount of such abatement shall in no event exceed the amount received by Lessor under the rental loss insurance policy required by Section 8.2 above. Notwithstanding the foregoing provisions of this Section:.

Repair and Restoration. In the event of a taking which does not result in the termination of If neither party elects to terminate this Lease pursuant to under Section 14.1 above15.1, or a casualty which does not result then except as provided below in Section 15.3 respecting uninsured damage, the termination Project and the structural components of this Lease pursuant to Section 14.3 above, the Premises shall be repaired reconstructed and restored in the manner provided in this Section. Lessor shall diligently act to restore the Building and the Premises (exclusive of Lesseeby Landlord, at Landlord's Workexpense, any Alterations made by Lessee, and Lessee's Property) or, in case of taking, what remains thereof, to substantially the condition in which they existed prior to the occurrence of such taking or casualty, provided, however, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount of insurance proceeds or taking award actually received and allocable thereto (except that this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 above); (ii) Lessor shall not be required to restore or replace any of Lessee's Work, Alterations or Lessee's Property; and (iii) promptly upon completion of such work by Lessor, Lessee shall diligently act to restore and/or replace Lessee's Work, the Alterations and all of Lessee's Property to substantially the same condition as they were in prior to the occurrence casualty (except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Building or Project or any other modification to the Common Areas deemed desirable by Landlord), and the Tenant Improvements and other nonstructural elements of the Premises shall be reconstructed and restored by Tenant, at Tenant's expense, to substantially the same condition as they were prior to the casualty (unless Landlord as an additional insured, elects, in its sole discretion, to take all, or a portion, of Tenant's insurance proceeds, in an amount satisfactory to Landlord in its sole discretion, in which event Landlord shall reconstruct and restore the Tenant Improvements and other nonstructural elements of the Premises to the extent of Tenant's insurance proceeds actually received by Landlord); provided, however, that Landlord may at its option elect to supervise and contract for the repair or reconstruction of the Tenant Improvements and other nonstructural elements of the Premises, which work shall nonetheless be paid for by Tenant. In the event of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good and workerlike mannerreconstruction, and in compliance with all Legal Requirements. Lessor Landlord shall not be liable for any inconvenience or annoyance to Lessee Tenant or its visitors, or injury to the Tenant's business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent ; provided, however, that rent shall be abated in the proportion which the approximate area of the damaged or destroyed portion of the Premises (which are not occupied by Tenant as a result of such damage) bears to the total area of the Premises from and after the date of such taking the casualty until the earlier of substantial completion of the reconstruction or damage to the date on which Lessor substantially completes Tenant occupies such portion of the restoration described abovePremises, and this Lease shall continue in full force and effect for the balance of the Term. Notwithstanding the foregoing, if the damage or destruction were caused by Tenant, rent shall only be abated to the extent of Landlord's recovery for lost rental from the Premises are unusable for the Permitted Uses, but the amount of such abatement shall in no event exceed the amount received by Lessor under the any rental loss insurance policy required maintained by Section 8.2 above. Notwithstanding the foregoing provisions of this Section:Landlord.

Repair and Restoration. In the event of a taking which does not result in the termination of this Lease pursuant to Section 14.1 13.1 above, or a casualty which does not result in the termination of this Lease pursuant to Section 14.3 13.4 above, the Premises shall be repaired and restored in the manner provided in this Section. Lessor shall diligently act to restore the Building and the Premises (exclusive of all items or components of Lessee's Work, any Work or Alterations made which Lessee is by Lesseethis Lease either entitled to or required to remove upon the expiration or earlier termination of this Lease, and Lessee's Property) or, in case of taking, what remains thereof, to substantially the condition in which they existed prior to the occurrence of such taking or casualty, provided, however, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount of insurance proceeds or taking award actually received and allocable thereto (except that this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 above7.4 above or to the extent Lessor insures the Premises for less than full replacement value as set forth in Section 7.4); (ii) Lessor shall not be required to restore or replace any of Lessee's Work, Work or any Alterations which Lessee is by this Lease either entitled to or required to remove upon the expiration or earlier termination of this Lease; (iii) Lessor shall not be required to restore or replace any of Lessee's Property; and (iiiiv) promptly upon substantial completion of such work by Lessor, Lessee shall diligently act to repair and/or restore and/or replace Lessee's Work, the Alterations and all of Lessee's Property and all items or components of Lessee's Work or Alterations which Lessee is by this Lease either entitled to or required to remove upon the expiration or earlier termination of this Lease, to substantially the same condition they were in prior to the occurrence of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good and workerlike manner, and in compliance with all Legal Requirements. Lessor shall not be liable for any inconvenience or annoyance to Lessee or injury to the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and after the date of such taking or damage to the date on which Lessor substantially completes the restoration described above, to the extent the Premises are unusable for the Permitted Uses. In the event that, but having commenced its repair, restoration and reconstruction work pursuant to this Section 13.5, Lessor fails to substantially complete such work either (i) within six (6) months from the amount date of such abatement casualty, with respect to work to be performed within the Premises, or (ii) nine (9) months from the date of such casualty, with respect to work to be performed elsewhere in the Building which is required for the operation of Lessee's business in the Premises (which periods shall in no event exceed the amount received be extended for any delays suffered by Lessor under as the rental loss insurance policy required by Section 8.2 above. Notwithstanding result of Force Majeure or the foregoing provisions acts or omissions of Lessee, its employees, agents, contractors or servants), Lessee shall have the further right to terminate this Section:Lease on at least thirty (30) days' prior written notice to Lessor, such notice to be given within thirty (30) days of the expiration of such six (6) or (9) month period (as applicable).

Repair and Restoration. In the event of a taking which does not result in the termination of this Lease pursuant to Section 14.1 13.1 above, or a casualty which does not result in the termination of this Lease pursuant to Section 14.3 13.4 above, the Premises shall be repaired and restored in the manner provided in this Section. Lessor shall diligently act to restore the Building and the Premises (exclusive of Lessee's Work, any Alterations made by Lessee, and Lessee's Property) or, in case of taking, what remains thereof, to substantially the condition in which they existed prior to the occurrence of such taking or casualty, provided, however, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount of insurance proceeds or taking award actually received and allocable thereto (except that this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 7.4 above); (ii) Lessor shall not be required to restore or replace any of Lessee's Work, Alterations or Lessee's Property; and (iii) promptly upon substantial completion of such work by Lessor, Lessee shall diligently act to repair and/or restore and/or replace Lessee's Work, the Alterations and all of Lessee's Property to substantially the same condition they were it was in prior to the occurrence of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed in a good and workerlike manner, and in compliance with all Legal Requirements. Lessor shall not be liable for any inconvenience or annoyance to Lessee or injury to the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and after the date of such taking or damage to the date on which Lessor substantially completes the restoration described above, to the extent the Premises are unusable for the Permitted Uses, but the amount of such abatement shall in no event exceed the amount received by Lessor under the rental loss insurance policy required by Section 8.2 above. Notwithstanding the foregoing provisions of this Section:Section 13.5, in the event that within six months after the date of such taking or damage (other than damage resulting from a casualty which Lessor establishes was caused by Lessee, or anyone claiming by, through or under Lessee, or the officers, agents, servants, contractors or employees thereof), Lessor has not substantially completed the restoration work which it is required by this Section to perform, then Lessee shall have the right to terminate this Lease by giving thirty (30) days' written notice to Lessor within thirty (30) days after the end of such 6-month period.

Repair and Restoration. In the event of a taking which does not result in the termination of this Lease pursuant to Section 14.1 above, or a casualty which does not result in the termination of this Lease pursuant to Section 14.3 above, the Premises shall be repaired and restored in the manner (a) Except as otherwise specifically provided in this Section. Lessor shall diligently act to restore Section 12, if the Premises, the Building or any other leasable buildings or improvements located on Shopping Center are damaged by any cause whatsoever, this Lease shall remain in full force and effect and Landlord shall, at its sole expense, repair, restore and rebuild the Premises (exclusive of Lessee's Worksame with all reasonable dispatch and diligence, any Alterations made by Lessee, so far as practicable and Lessee's Property) or, in case of taking, what remains thereoflawful, to substantially complete units of like quality, nature and condition, with the condition in same layout and parking to floor area ratios as that which they existed immediately prior to the occurrence of such taking damage. Landlord's obligation to repair, restore and rebuild as set forth in this Paragraph 12.1(a) shall supersede any ---------------- provision of applicable law to the contrary, which provisions the parties hereby waive. Any such repair, restoration and rebuilding of the Premises shall be performed in accordance with plans and specifications approved in writing by Tenant, prepared by a licensed architect selected and employed by Landlord and approved in writing by Tenant, and performed by a licensed general contractor selected and employed by Landlord and approved in writing by Tenant. None of the approvals to be obtained from Tenant in the previous sentence shall be unreasonably withheld, conditioned or casualtydelayed. During such repair, restoration and rebuilding of the Premises, Tenant shall at all times have access to the Premises for the purpose of inspecting the work in progress and for the purpose of installing trade fixtures, equipment, merchandise, advertising and signs; provided, however, that: (i) in no event shall Lessor be required to spend in connection with restoring the Premises more than the amount that Tenant's rights of insurance proceeds or taking award actually received and allocable thereto (except that this limitation with respect to insurance proceeds shall not apply to casualties occurring during such time as Lessor self-insures pursuant to Section 8.4 above); (ii) Lessor access shall not be required to restore or replace any of Lessee's Work, Alterations or Lessee's Property; and (iii) promptly upon completion of such work by Lessor, Lessee shall diligently act to restore and/or replace Lessee's Work, the Alterations and all of Lessee's Property to substantially the same condition they were in prior to the occurrence of such taking or casualty. All work performed by Lessor or by Lessee pursuant to this Section shall be performed exercised in a good and workerlike mannermanner which materially impedes Landlord's repair, and in compliance with all Legal Requirements. Lessor shall not be liable for any inconvenience restoration or annoyance to Lessee or injury to rebuilding of the business of Lessee resulting in any way from such taking or damage or the repair thereof. Rent shall be abated from and after the date of such taking or damage to the date on which Lessor substantially completes the restoration described above, to the extent the Premises are unusable for the Permitted Uses, but the amount of such abatement shall in no event exceed the amount received by Lessor under the rental loss insurance policy required by Section 8.2 above. Notwithstanding the foregoing provisions of this Section:Premises.