Common use of Repair Obligations Clause in Contracts

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party shall terminate this Lease pursuant to the provisions of Section 13.1, then Landlord shall promptly commence and diligently prosecute Landlord’s Restoration Work, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in this Section, Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion, subject to the provisions of this Article 13, and further provided that if Landlord shall fail to substantially complete Landlord’s Restoration Work within fourteen (14) months after the date on which such fire or other casualty shall have occurred (or within 120 days, in the case of fire or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”), then Tenant shall have the right, at Tenant’s option, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) and prior to the date on which Landlord shall have substantially completed Landlord’s Restoration Work, time being of the essence. In no event shall Landlord be obligated to repair, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured by Tenant pursuant to Section 12.1; Tenant shall repair, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance of Landlord’s Restoration Work, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) to its condition prior to such fire or other casualty using materials at least equal to Building standard materials. If Landlord shall make such election, Landlord shall be entitled to all proceeds of the insurance policy described in Section 12.1(b) applicable to the leasehold improvements and Alterations Landlord so elects to repair or restore. Landlord and Tenant shall cooperate with each other in their respective efforts to collect insurance proceeds.

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party shall terminate this Lease pursuant to the provisions of Section 13.1, then Landlord shall promptly commence and diligently prosecute Landlord’s 's Restoration WorkWork out of the net proceeds of insurance received by Landlord, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s 's reasonable control. Except as otherwise expressly provided in this Section, Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion, subject to the provisions of this Article Section 13, and further provided that if Landlord shall fail to substantially complete Landlord’s Restoration Work within fourteen (14) months after the date on which such fire or other casualty shall have occurred (or within 120 days, in the case of fire or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”), then Tenant shall have the right, at Tenant’s option, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) and prior to the date on which Landlord shall have substantially completed Landlord’s Restoration Work, time being of the essence. In no event shall will Landlord be obligated to repair, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured by Tenant pursuant according to Section 12.112.2; Tenant shall agrees to repair, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly as soon as possible after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance of Landlord’s 's Restoration Work, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) to its condition prior to such fire or other casualty using materials at least equal to Building standard materials12.2(b). If Landlord shall make such election, Landlord shall be entitled to all proceeds of the insurance policy described in Section 12.1(b12 2(b) applicable to the leasehold improvements and Alterations Landlord so elects to repair or restore. Landlord and Tenant shall cooperate with each other other. in their respective efforts to collect insurance proceeds.

Repair Obligations. If Landlord shall maintain and keep in good repair and condition and operating order, in a manner substantially consistent with the Operations Standard, the structural portions of the Base Building, including the foundation, floor/ceiling slabs, roof, curtain wall (if applicable), sewer and water mains, exterior glass and mullions, columns, beams, shafts (including elevator shafts), parking areas, stairwells (excluding stairwells installed by Tenant only), elevator cabs and systems, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, unexposed portions of the men’s and women’s public washrooms, Building mechanical, electrical and telephone closets. Landlord shall also maintain and keep in good repair and first-class condition and operating order, in a manner substantially consistent with the Operations Standard, the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems and other building systems and equipment which were not constructed by Tenant or Tenant Parties (collectively, the “Building Systems”). Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the structural portions of the Base Building and/or the Building Systems to the extent required because of (i) Tenant’s use of the Premises for other than normal and customary creative and general office operations, or (ii) the negligence or willful misconduct of Tenant or the Building are damaged Tenant Parties, unless and to the extent such damage is covered by fire insurance carried or other casualty and neither party shall terminate this Lease required to be carried by Landlord pursuant to Article 10 and to which the provisions waiver of Section 13.1, then Landlord shall promptly commence subrogation is PEN FACTXXX [Awesomeness TV] applicable (such obligation to the extent applicable to Tenant as qualified and diligently prosecute Landlord’s Restoration Work, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable controlconditioned will hereinafter be defined as the “BS/BS Exception”). Except as otherwise expressly provided as part of Landlord’s obligations set forth above or elsewhere in this Sectionthe Lease, Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion, subject to the provisions of this Article 13, and further provided that if Landlord shall fail to substantially complete Landlord’s Restoration Work within fourteen (14) months after the date on which such fire or other casualty shall have occurred (or within 120 days, in the case of fire or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”), then Tenant shall have the right, at Tenant’s optionown expense, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after keep the expiration of said fourteen (14) month period (or 120 day periodnon-structural, as the case may be) and prior to the date on which Landlord shall have substantially completed Landlord’s Restoration Work, time being interior portions of the essence. In no event shall Landlord be obligated to repairPremises, restore or replace any of the including all improvements, Alterations, fixtures, furnishings, and systems and equipment therein (including, without limitation, any specialty or personal property required non-general office improvements and equipment, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), in reasonably good order, repair and condition at all times during the Lease Term (but such obligation shall not extend to be insured by Tenant the structural portions of the Base Building and the Building Systems, except pursuant to Section 12.1; Tenant shall repairthe BS/BS Exception). In addition, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance except as provided as part of Landlord’s Restoration Workrepair obligation set forth above or elsewhere in this Lease, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant (but such obligation shall not extend to the structural portions of the Base Building and the Building Systems, except pursuant to the BS/BS Exception); provided however, that, at Landlord’s option, but only if Tenant fails to make such repairs and replacements, Landlord may, but need not, make such repairs and replacements within thirty (30) days after notice thereof from Landlord (or such sooner period in the case of an emergency), and Tenant shall pay Landlord an amount sufficient to reimburse Landlord for the Actual Cost thereof to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements, to the extent not duplicative of Direct Expenses, forthwith upon being billed for same, plus a ten percent (10%) surcharge payable to Landlord on such costs to cover Landlord’s administrative costs. Landlord may, but shall not be required to, enter the Premises (but, except during emergencies, Landlord may not enter “Secured Areas,” as that term is defined in Article 27 of this Lease) at its optionall reasonable times to make such repairs, elect alterations, improvements or additions to repair and restore the damage, if any, caused Premises or to the Project or to any equipment located in the Project as Landlord shall desire or all of the leasehold improvements and/or Alterations deem necessary or as Landlord may be required to be insured do by Tenant according to Section 12.1(b) to its condition prior to applicable Laws; provided, however, except for emergencies, any such fire or other casualty using materials at least equal to Building standard materials. If Landlord shall make such election, entry into the Premises by Landlord shall be entitled performed in a manner so as to minimize any material, adverse effect upon Tenant’s use of, or ingress or egress to, the Premises. Tenant hereby waives any and all proceeds rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the insurance policy described California Civil Code or under any similar law, statute, or ordinance now or hereafter in Section 12.1(b) applicable to the leasehold improvements and Alterations Landlord so elects to repair or restore. Landlord and Tenant shall cooperate with each other in their respective efforts to collect insurance proceedseffect.

Repair Obligations. If the Premises, Office Component Elevators, or any portion of the Project affecting Tenant’s use and occupancy of the Premises or the Building are damaged by fire or other casualty and neither party Casualty following the Substantial Completion of Landlord’s Work, then (a) Landlord shall terminate this Lease pursuant notify Tenant in writing (a “Landlord’s Casualty Notice”) within sixty (60) days after discovery of such damage as to the provisions amount of Section 13.1, then time (the “Estimated Restoration Period”) Landlord shall promptly commence reasonably estimates it will take to restore the Project and/or the Premises and diligently prosecute Landlord’s Restoration Work, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in this Section, (b) Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completionshall, subject to the provisions of this Article 13Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and further provided that if complete or restore the Premises (including Tenant Improvements and Alterations (to the extent Landlord shall fail receives insurance proceeds pursuant to Section 12.3 below to repair and restore such Alterations)) and such portions of the Project to substantially complete Landlord’s the same condition as existed before the Casualty (collectively, “Restore” or “Restoration”); provided, however, that any such Restoration Work within fourteen shall be subject to (14i) months after the date on which such fire modifications required by zoning or building codes and other casualty shall have occurred (or within 120 daysApplicable Laws and, in the case of fire Restoration to the Common Areas, to modifications then considered desirable by Landlord; and (ii) delays resulting from a failure to promptly receive insurance proceeds or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”)Events. Notwithstanding the foregoing, then Tenant shall have the right, at Tenant’s option, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) and prior to the date on which Landlord shall have substantially completed Landlordno obligation with respect to, and if Landlord elects or is required to perform any Restoration hereunder, Tenant shall be responsible for and shall, repair and replace at its sole cost all of Tenant’s Restoration Workequipment, time being of the essence. In no event shall Landlord be obligated to repairfurniture, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or fixtures and other personal property required to be insured by Tenant pursuant to Section 12.1; Tenant shall repairin the Premises, restore including, without limitation, any telecommunication cables and related devices located in or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after serving the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance of Landlord’s Restoration Work, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) to its condition prior to such fire or other casualty using materials at least equal to Building standard materials. If Landlord shall make such election, Landlord shall be entitled to all proceeds of the insurance policy described in Section 12.1(b) applicable to the leasehold improvements and Alterations Landlord so elects to repair or restore. Landlord and Tenant shall cooperate with each other in their respective efforts to collect insurance proceedsPremises.

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party shall terminate this Lease Tenant shall; at Tenant’s own expense, pursuant to the provisions terms of this Lease, including without limitation Article 8 hereof, keep the portions of the Premises, including the Tenant Improvements in the Premises, and all other alterations, tenant fixtures and furnishings in the Premises (except the “Base Building,” as that term is defined in Section 13.18.2 of this Lease, then Landlord shall promptly commence and diligently prosecute Landlord’s Restoration Workany Base Building systems and equipment), in good order, repair and condition at all times during the Lease Term, subject to commercially reasonable delays for insurance adjustments wear and delays caused tear, and damage by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in this Section, Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty event or the repair thereofnegligence or misconduct of Landlord or any Landlord Party (defined below). In addition, Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion, subject to the provisions of this Article 13, and further provided that if Landlord shall fail to substantially complete Landlord’s Restoration Work within fourteen (14) months after the date on which such fire or other casualty shall have occurred (or within 120 days, in the case of fire or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”), then Tenant shall have the rightshall, at Tenant’s optionown expense, but under the supervision and subject to terminate the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by giving notice thereof ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to Landlord commence to make such repairs or replacements within ten thirty (1030) days after the expiration notice from Landlord (except in cases of said fourteen (14) month period (or 120 day period, as the case may beemergency in which no notice shall be required of Landlord) and prior to the date on which Landlord shall have substantially completed Landlord’s Restoration Work, time being of the essence. In no event shall Landlord be obligated to repair, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured by Tenant pursuant to Section 12.1; Tenant shall repair, restore or replace diligently complete such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance of Landlord’s Restoration Workrepairs, Landlord may, at its optionbut need not, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) to its condition prior to such fire or other casualty using materials at least equal to Building standard materials. If Landlord shall make such electionrepairs and replacements, and Tenant shall pay Landlord actual, out-of-pocket costs thereof, arising from Landlord’s involvement with such repairs and replacements within thirty (30) days after being billed for same (provided documentation evidencing the costs incurred by Landlord is provided to Tenant). Notwithstanding the foregoing, Landlord shall be entitled to all proceeds repair and maintain in first class condition and operating order the Project parking facilities, exterior landscaping and lighting, as well as the structural portions of the insurance policy described in Section 12.1(bBuilding, including, but not limited to, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs parking areas, stairwells, escalators, elevator cabs, plazas, mechanical, electrical and telephone closets (collectively, the “Building Structure”) applicable and the mechanical, electrical, life safety, plumbing, sprinkler systems (connected to the leasehold improvements core) and Alterations Landlord so elects base building HVAC systems (which shall in no event include any of the Tenant Repair Items) (collectively, the “Building Systems”), except to repair the extent such maintenance and repairs are caused by the act, neglect, fault or restoreomission of any duty by Tenant or contractors, agents, servants, employees, invitees, guests or licensees of Tenant, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Landlord may, but shall not be required to, subject to and in accordance with the provisions of Article 27 hereof, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall cooperate with each other hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in their respective efforts to collect insurance proceedseffect.

Repair Obligations. If the Premises or Landlord shall be responsible, as a part of Operating Expenses, for repairs to and routine maintenance of the Building are damaged by fire or other casualty including without limitation: (1) exterior windows, window frames, window casements (including the repairing, resealing, cleaning and neither party shall terminate this Lease pursuant replacing of exterior windows); (2) exterior doors, door frames and door closers; (3) the Building (as opposed to the provisions Premises) and Project plumbing, sewer, drainage, electrical, fire protection, life safety and security systems and equipment, existing heating, ventilation and air-conditioning ("HVAC") systems, and all other mechanical and HVAC systems and equipment (collectively, the "Building Systems"), (4) the exterior glass, exterior walls, foundation and roof of Section 13.1the Building, then the  8377633.2 (8383465.1) -00- Xxxxxxx Xxxxx Xxxx I Limited Partnership [Britannia Point Eden] [Pulse Biosciences, Inc.] structural portions of the floors of the Building, including, without limitation, any painting, sealing, patching and waterproofing of exterior walls, and (5) repairs to the elevator in the Building and underground utilities, except to the extent that any such repairs are required due to the negligence or willful misconduct of Tenant (the "Landlord shall promptly commence and diligently prosecute Landlord’s Restoration WorkRepair Obligations"); provided, subject however, that if such repairs are due to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in this Sectionthe negligence or willful misconduct of Tenant, Landlord shall have no liability to nevertheless make such repairs at Tenant's expense, including any liability for inconvenience or annoyance or injury to the business of Tenantor, resulting in any way from damage from fire or other casualty or the repair thereof. if covered by Landlord's insurance, Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion, subject to the provisions of this Article 13, and further provided that if Landlord shall fail to substantially complete Landlord’s Restoration Work within fourteen (14) months after the date on which such fire or other casualty shall have occurred (or within 120 days, in the case of fire or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”), then Tenant shall have the right, at Tenant’s option, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) and prior to the date on which Landlord shall have substantially completed Landlord’s Restoration Work, time being of the essence. In no event shall Landlord only be obligated to repair, restore or replace pay any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured deductible in connection therewith. Costs expended by Tenant pursuant to Section 12.1; Tenant shall repair, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, Landlord in connection with the performance of Landlord’s Restoration Work, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) to its condition prior to such fire or other casualty using materials at least equal to Building standard materials. If Landlord shall make such election, Landlord Repair Obligations shall be entitled to all proceeds of the insurance policy described included in Section 12.1(b) applicable Operating Expenses to the leasehold improvements and Alterations Landlord so elects extent allowed pursuant to repair or restorethe terms of Article 4, above. Landlord and Tenant shall cooperate with each other Tenant to enforce any warranties that Landlord holds that could reduce Tenant's maintenance obligations under this Lease. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in their respective efforts to collect insurance proceeds.effect. 

Repair Obligations. If the Premises or any portion of the Building Project affecting Tenant's use and occupancy of the Premises are damaged by fire or other casualty and neither party Casualty, then (a) Landlord shall terminate this Lease pursuant notify Tenant in writing (a "Landlord's Casualty Notice") within sixty (60) days after discovery of such damage as to the provisions amount of Section 13.1, then time (the "Estimated Restoration Period") Landlord shall promptly commence reasonably estimates it will take to restore the Project and/or the Premises and diligently prosecute Landlord’s Restoration Work, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in this Section, (b) Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completionshall, subject to the provisions of this Article 13Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and further provided that complete or restore the Premises (including, if Landlord shall fail to substantially complete Landlord’s Restoration Work within fourteen (14) months the Casualty occurs after the date on which Tenant commences business operations in the Premises, Tenant Improvements and Alterations (to the extent Landlord receives insurance proceeds pursuant to Section 12.3 below to repair and restore such fire Alterations)) and such portions of the Project to substantially the same condition as existed before the Casualty (collectively, "Restore" or "Restoration"); provided, however, that any such Restoration shall be subject to (i) modifications required by zoning or building codes and other casualty shall have occurred (or within 120 daysapplicable Requirements and, in the case of fire Restoration to the Common Areas, to modifications then reasonably considered desirable by Landlord and in keeping with the standards of Comparable Buildings; and (ii) delays resulting from a failure to promptly receive insurance proceeds or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”)Events. Notwithstanding the foregoing, then Tenant shall have the right, at Tenant’s option, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) and prior to the date on which Landlord shall have substantially completed Landlord’s no obligation with respect to, and if Landlord elects or is required to perform any Restoration Workhereunder, time being Tenant shall be responsible for and shall, repair and replace at its sole cost all of the essence. In no event shall Landlord be obligated to repairTenant's equipment, restore or replace any of the improvementsfurniture, Alterations, fixtures, furnishings, equipment or fixtures and other personal property required to be insured by Tenant pursuant to Section 12.1; Tenant shall repairin the Premises, restore including, without limitation, any telecommunication cables and related devices located in or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after serving the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance of Landlord’s Restoration Work, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) to its condition prior to such fire or other casualty using materials at least equal to Building standard materials. If Landlord shall make such election, Landlord shall be entitled to all proceeds of the insurance policy described in Section 12.1(b) applicable to the leasehold improvements and Alterations Landlord so elects to repair or restore. Landlord and Tenant shall cooperate with each other in their respective efforts to collect insurance proceedsPremises.

Repair Obligations. If the Premises or any portions of the Building Project affecting Tenant’s access, use and enjoyment of the Premises are damaged by fire or other casualty and neither party Casualty following the Lease Date, then (a) Landlord shall terminate this Lease pursuant notify Tenant in writing (a “Landlord’s Casualty Notice”) within sixty (60) days after discovery of such damage as to the provisions amount of Section 13.1, then time Landlord shall promptly commence reasonably estimates it will take to restore the Project and/or the Premises (the “Estimated Restoration Period”) and diligently prosecute Landlord’s Restoration Work, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in this Section, (b) Landlord shall have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall not be entitled to terminate this Lease if any required repairs or restoration are not in fact completed within the time period set forth in the Estimate, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completionshall, subject to the provisions of this Article 13Sections 12.2 and 12.3 below, proceed with reasonable promptness to repair such damage and further provided that if Landlord shall fail to substantially complete Landlord’s Restoration Work within fourteen restore the Premises (14) months after the date on which such fire or other casualty shall have occurred including Alterations (or within 120 days, in the case of fire or other casualty occurring within the last 18 months of the Term), subject to delays caused by Force Majeure and any delays caused by Tenant (“Excusable Delays”), then Tenant shall have the right, at Tenant’s option, to terminate this Lease by giving notice thereof to Landlord within ten (10) days after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) and prior to the date on which extent Landlord shall have substantially completed Landlord’s Restoration Work, time being of the essence. In no event shall Landlord be obligated to repair, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured by Tenant receives insurance proceeds pursuant to Section 12.1; Tenant shall repair, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance of Landlord’s Restoration Work, Landlord may, at its option, elect 12.3 below to repair and restore the damage, if any, caused to any or all such Alterations)) and such portions of the leasehold improvements and/or Alterations Project to substantially the same condition as existed before the Casualty (collectively, “Restore” or “Restoration”); provided, however, that any such Restoration shall be subject to (i) modifications required by zoning or building codes and other Applicable Laws; and (ii) delays resulting from a failure to be insured by Tenant according promptly receive insurance proceeds despite using commercially reasonable efforts to Section 12.1(b) to its condition prior to obtain such fire insurance proceeds or other casualty using materials at least equal to Building standard materialsForce Majeure Events. If Landlord shall make such electionNotwithstanding the foregoing, Landlord shall be entitled have no obligation with respect to, and if Landlord elects or is required to all proceeds of the insurance policy described in Section 12.1(b) applicable to the leasehold improvements and Alterations Landlord so elects to repair or restore. Landlord and perform any Restoration hereunder, Tenant shall cooperate with each be responsible for and shall, repair and replace at its sole cost all of Tenant’s equipment, furniture, fixtures and other personal property in their respective efforts to collect insurance proceedsthe Premises, including, without limitation, any telecommunication cables and related devices located in or serving the Premises.

Repair Obligations. If the Premises or the Building are is damaged by fire or other casualty and neither party shall Landlord does not terminate this Lease pursuant according to the provisions of Section 13.110.1, then Landlord shall promptly commence will repair and diligently prosecute Landlord’s Restoration Workrestore such damage with reasonable promptness, subject to commercially reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s reasonable control. Except as otherwise expressly provided in this SectionHowever, Landlord shall will not be required to spend more for such repair and restoration than the insurance proceeds available to Landlord as a result of the fire or other casualty. To the extent Tenant is responsible for insuring equipment, Tenant’s inventory and stock-in-trade, Tenant agrees, promptly upon notice from Landlord that Landlord is repairing the Building, to file such claims and pursue such repairs to the Premises in order to rebuild the equipment to reopen Tenant’s business within 20 days after the completion of Landlord’s repairs. Landlord will have no liability to Tenant, including any liability for inconvenience or annoyance or injury to the business of Tenant, resulting in any way from damage from fire or other casualty or the repair thereof. Tenant shall and Tenant will not be entitled to terminate this Lease if any required Landlord’s repairs or and restoration are not in fact completed within the estimated time period set forth in the Estimateperiod, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. If Landlord elects or is required to repair the Building or the Premises, subject to the provisions of this Article 13as applicable, and further provided that Tenant does not elect to terminate this Lease if Landlord shall fail permitted to substantially complete Landlord’s Restoration Work within fourteen (14) months after the date on which such fire or other casualty shall have occurred (or within 120 dayshereinabove, in the case of fire or other casualty occurring within the last 18 months of the Term)and, subject to delays caused by Force Majeure and any delays caused by Tenant beyond Landlord’s reasonable control, Landlord fails to complete such repairs or restoration within the later of (a) 365 days or (b) thirty (30) days after the estimated date of completion of repairs as set forth in the Repair Notice (the “Excusable DelaysOutside Repair Date”), then Tenant shall have the right, at Tenant’s option, right to terminate this Lease by giving upon written notice thereof to Landlord within ten (10) days at any time after the expiration of said fourteen (14) month period (or 120 day period, as the case may be) Outside Repair Date and prior to the date on which Landlord shall have substantially completed Landlord’s Restoration Work, time being completion of the essencerepairs and to the extent Landlord completes the repairs prior to receipt of such notice Tenant shall be deemed to have waived the foregoing right to terminate this Lease. In no event shall will Landlord be obligated to repair, restore or replace any of the improvements, Alterations, fixtures, furnishings, equipment or personal property required to be insured by Tenant pursuant to Section 12.1; Tenant shall repair, restore or replace such improvements, Alterations, fixtures, furnishings, equipment and personal property promptly after the date of such fire or other casualty, subject to Force Majeure and commercially reasonable delays in adjusting insurance, to at least the condition existing prior to its damage, using materials at least equal to Building standard. However, in connection with the performance of Landlord’s Restoration Work, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of the leasehold improvements and/or Alterations required to be insured by Tenant according to Section 12.1(b) to its condition prior to such fire or other casualty using materials at least equal to Building standard materials. If Landlord shall make such election, Landlord shall be entitled to all proceeds of the insurance policy described in Section 12.1(b) applicable to the leasehold improvements and Alterations Landlord so elects to repair or restore. Landlord and Tenant shall cooperate with each other in their respective efforts to collect insurance proceeds9.2.