Common use of Restoration of Premises Clause in Contracts

Restoration of Premises. Subject to Section 11.3, if this Lease is not terminated under Section 11.1, (or if the Building or the Premises are damaged but not totally destroyed by any insured peril, and in Landlord's reasonable estimation, rebuilding or repairs can be substantially completed within one hundred eighty (180) days after the date of Landlord's actual knowledge of such damage, this Lease shall not terminate), then Landlord shall diligently repair and restore the Premises to substantially its previous condition within such one hundred and eighty (180) period, except that Landlord shall not be required to rebuild, repair or replace any part of the Premises alterations, other improvements, or personal property required to be covered by Tenant’s insurance under Section 9. If the damages occurs during the last year of the Lease, and the damage causes major and substantial interference with the operation of Tenant’s business for more than sixty (60) days, Tenant, may in its sole discretion, terminate this Lease in written notice to Landlord. If the Premises are untenantable (i.e., business is impractical to be conducted on the Premises), in whole or in part, during the period beginning on the date the damage occurred and ending on the date of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“), then the Rent for that period shall be reduced to such extent as may be fair and reasonable under the circumstances and the Term shall be extended by the number of days in the Repair Period. Notwithstanding the foregoing, the Rent shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep in force the insurance described in Section 9.1 above, except to the extent that Landlord actually receives proceeds from rental interruption insurance applicable to this Lease.

Restoration of Premises. Subject Tenant shall, upon the termination or earlier determination hereof, restore the Premises, or any part thereof, as requested by Landlord, at Tenant’s own expense, to Section 11.3the base building condition thereof existing at the Commencement Date, if this Lease is not terminated under Section 11.1save for reasonable wear and tear, (or if the Building or provided, however, that the Premises are damaged but not totally destroyed and all Leasehold Improvements shall, upon completion or installation thereof, become the property of Landlord and shall be surrendered by any insured perilTenant to Landlord on the termination or earlier determination hereof. Except to the extent herein or otherwise expressly agreed by Landlord in writing, and in Landlord's reasonable estimation, rebuilding or repairs can be substantially completed within one hundred eighty (180) days after the date of Landlord's actual knowledge of such damage, this Lease Tenant’s Trade Fixtures shall not terminate)be removed by Tenant from the Premises, then Landlord shall diligently repair and restore either during or at the Premises to substantially its previous condition within such one hundred and eighty (180) periodexpiration or sooner termination hereof, except that Landlord shall Tenant, if not be required to rebuildin default under this Lease, repair or replace any part may, concurrently with the expiration of the Premises alterationsTerm by the effluxion of time, other improvements, or personal property required to be covered by remove Tenant’s insurance under Section 9. If the damages occurs during the last year of the LeaseTrade Fixtures, and the damage causes major and substantial interference with the operation of Tenant’s business for more than sixty (60) daysprovided, Tenanthowever, may in its sole discretion, terminate this Lease in written notice to Landlord. If the Premises are untenantable (i.e., business is impractical to be conducted on the Premises), in whole or in part, during the period beginning on the date the damage occurred and ending on the date of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“), then the Rent for that period shall be reduced to such extent as may be fair and reasonable under the circumstances and the Term shall be extended by the number of days in the Repair Period. Notwithstanding the foregoing, the Rent shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep remove Tenant’s Trade Fixtures concurrently with the expiration of the Term as aforesaid, Tenant’s Trade Fixtures not so removed, shall, at the sole option of Landlord, become the property of Landlord. If Tenant, in force removing Tenant’s Trade Fixtures and Leasehold Improvements, or any portion thereof, as Landlord may require to be removed, damages the insurance described in Section 9.1 abovePremises, except to Tenant shall, at its own cost and expense, repair such damage, or, at the extent that option of Landlord, pay Landlord actually receives proceeds from rental interruption insurance applicable to this Leasefor the cost of such damage.

Restoration of Premises. Subject to Section 11.3, The parties hereto mutually agree that if this Lease is not terminated under Section 11.1, (or if the Building or the Premises are damaged but not partially or totally destroyed or damaged by any insured peril, and in Landlord's reasonable estimation, rebuilding fire or repairs can be substantially completed within one hundred eighty (180) days after the date of Landlord's actual knowledge of such damage, this Lease shall not terminate)other hazard, then Landlord shall diligently repair and restore same as soon as is reasonably practicable to substantially the same condition in which such Premises were in before such damage; provided that, if the insurance proceeds collected by Landlord for its own account (and not retained by any mortgagee as a consequence of such destruction or damage) are less than ninety percent (90%) of the estimated cost of such repairs and restoration, Landlord shall not be obligated to commence or perform such repairs and restorations, and this Lease upon notice by Landlord to Tenant shall at the option of Landlord terminate, unless Tenant undertakes (in form and upon terms satisfactory to Landlord) to pay the difference between such estimated cost and such insurance proceeds. If however, the Premises are completely destroyed or so damaged that Landlord cannot reasonably restore or rebuild the Premises in six (6) months to substantially its previous condition within such one hundred and eighty (180) periodtheir original condition, except that then Landlord shall not be required to rebuildrebuild or restore and this Lease shall be terminable by either party hereto by serving written notice upon the other. In any event, repair or replace any part of the Premises alterations, other improvements, or personal property required to be covered by Tenant’s insurance under Section 9. If the damages occurs during the last year of the Lease, and the damage causes major and substantial interference with the operation of Tenant’s business for more than if repairs have not been commenced within sixty (60) daysdays from the date of said destruction or damage, Tenantthis Lease may be immediately terminated by Tenant serving written notice upon Landlord, but in no event may in its sole discretion, Tenant terminate this Lease in written notice after such repairs have been commenced by Landlord so long as Landlord diligently proceeds to Landlordcomplete same. If In the event the improvements erected or to be erected upon the Premises are untenantable (i.e., business completely or partially destroyed or so damaged by fire or other hazard that they cannot reasonably be used by Tenant or can only be partially used by Tenant and this Lease is impractical to be conducted on the Premises), in whole or in part, during the period beginning on the date the damage occurred and ending on the date of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“)terminated as above provided, then the Rent for that period rent and additional rent shall be reduced to such extent as may be fair and reasonable under the circumstances and the Term shall be extended by the number of days xxxxx in the Repair Period. Notwithstanding the foregoing, the Rent shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep in force the insurance described in Section 9.1 above, except proportion to the extent amount of the premises that Landlord actually receives proceeds from rental interruption insurance applicable to this Leaseis being used until the premises is rendered entirely usable.

Restoration of Premises. Subject to Section 11.3, if If this Lease is not terminated under Section 11.1as to the entire Premises by reason of any Condemnation, (or if the Building or Tenant shall repair any damage to the Premises are damaged but not totally destroyed caused by any insured perilsuch Condemnation, and all condemnation proceeds (net of any actual out-of-pocket costs incurred by Landlord in Landlord's reasonable estimationconnection with such condemnation) will be made available to the Tenant for application to the cost of repair, rebuilding or repairs can which proceeds shall be substantially completed within one hundred eighty (180) days after deposited in an escrow with a third party for distribution in the date of Landlord's actual knowledge of such damage, this Lease shall not terminate), then Landlord shall diligently repair and restore the Premises to substantially its previous condition within such one hundred and eighty (180) period, except that Landlord shall not be required to rebuild, repair or replace any part of the Premises alterations, other improvements, or personal property required to be covered by Tenant’s insurance under Section 9same manner as a construction loan. If the damages occurs during condemnation proceeds (net of any actual out-of-pocket costs incurred by Landlord in connection with such condemnation) are not sufficient to pay all of the repair costs, then, subject to the last year sentence of this Paragraph 13.4, Tenant shall pay the excess costs. All proceeds (net of any actual out-of-pocket costs incurred by Landlord in connection with such condemnation), shall first be used for items of repair having a useful life that extends beyond the Term (including the term of any options which Tenant may have the right to exercise), and, if such proceeds are insufficient to fully pay for such items of repair, the balance of the Lease, and the damage causes major and substantial interference with the operation remaining cost of Tenant’s business for more than sixty (60) days, Tenant, may in its sole discretion, terminate this Lease in written notice to Landlord. If the Premises are untenantable (i.e., business is impractical to be conducted on the Premises), in whole or in part, during the period beginning on the date the damage occurred and ending on the date such items of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“), then the Rent for that period Remaining Balance”) shall be reduced divided between Tenant and Landlord as follows: Tenant shall be obligated to pay the portion of the Remaining Balance which bears the same ratio to the Remaining Balance as the remaining term of this Lease (as determined on the Condemnation Date and including the term of any options which the Tenant may have the right to exercise) bears to the reasonably anticipated useful life of such extent as may be fair and reasonable under the circumstances item of repair and the Term remainder of the Remaining Balance shall be extended paid by the number of days in the Repair Period. Notwithstanding the foregoing, the Rent shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep in force the insurance described in Section 9.1 above, except to the extent that Landlord actually receives proceeds from rental interruption insurance applicable to this LeaseLandlord.

Restoration of Premises. Subject to Section 11.3, if this Lease is not terminated under Section 11.1, (or if the Building or If the Premises are damaged but by fire, earthquake or other casualty, Tenant shall give immediate written notice thereof to Landlord. If Landlord reasonably estimates, that the damage can be repaired in accordance with the then established Governmental Requirements within two hundred ten (210) days after Landlord is notified by Tenant of such damage and if there are sufficient insurance proceeds available to repair such damage, then Landlord shall proceed with reasonable diligence to restore the Premises to substantially the condition which existed prior to the damage and this Lease shall not totally destroyed by any insured perilterminate. If, and in Landlord's reasonable estimation, rebuilding the damage cannot be repaired within such 210 day period or repairs can be substantially completed within one hundred eighty (180) days after the date of Landlord's actual knowledge of if there are insufficient insurance proceeds available to repair such damage, Landlord may elect in its absolute discretion to either: (a) terminate this Lease shall not terminate), then Landlord shall diligently repair and or (b) restore the Premises to substantially its previous the condition within which existed prior to the damage and this Lease will continue. If Landlord restores the Premises under this paragraph, then (1) the Lease Term shall be extended for the time required to complete such one hundred restoration, (2) Tenant shall pay to Landlord, upon demand, Tenant's Pro Rata Share of any applicable deductible amount specified under Landlord's insurance and eighty (1803) period, except that Landlord shall not be required to rebuild, repair or replace restore Tenant Improvements, Tenant Alterations, or any part or all furniture, fixtures, equipment, inventory, improvements or other property which was in or about the Premises at the time of the Premises alterations, other improvements, or personal property required to be covered damage and was not owned by Tenant’s insurance under Section 9. If the damages occurs during the last year of the Lease, and the damage causes major and substantial interference with the operation of Tenant’s business for more than sixty (60) days, Tenant, may in its sole discretion, terminate this Lease in written notice to Landlord. If the Premises are untenantable (i.e., business is impractical to be conducted on the Premises), in whole or in part, during the period beginning on the date the damage occurred and ending on the date of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“), then the Rent for that period shall be reduced to such extent as may be fair and reasonable under the circumstances and the Term shall be extended by the number of days in the Repair Period. Notwithstanding the foregoing, the Rent shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep in force the insurance described in Section 9.1 above, except Except to the extent that Landlord is actually receives proceeds from reimbursed by rental interruption loss insurance, Base Rent, Additional Rent and any other sum due under this Lease during any reconstruction period shall not be abated. Tenant agrees to look to the provider of Tenant's insurance applicable to this Leasefor coverage for the loss of Tenant's use of the Premises and any other related losses or damages incurred by Tenant during any reconstruction period.

Restoration of Premises. Subject to Section 11.3, if this Lease is not terminated under Section 11.1, (or if the Building or the Premises are damaged but not totally destroyed by any insured peril, and in Landlord's reasonable ’s written estimation, rebuilding or repairs can be substantially completed within one two hundred eighty ten (180210) days after the date of Landlord's ’s actual knowledge of such damage, this Lease shall not terminate), then Landlord shall diligently repair and restore the Premises to substantially its previous condition within such one hundred and eighty (180) periodcondition, except that (a) Landlord shall not be required to rebuild, repair or replace any part of the Premises alterations, other improvements, improvements or personal property owned by Tenant, any changes, modifications, alterations, additions or improvements made to the Premises (or any portion thereof) by any Tenant Party, or required to be covered by Tenant’s insurance under Section 9. If 9.2 (all of which shall be required to be repaired by Tenant) and (b) if Tenant exercises the damages occurs during the last year of the LeasePurchase Option in accordance with Exhibit G annexed hereto and made a part hereof, then Landlord shall have no such restoration obligation and the damage causes major and substantial interference with net proceeds of Landlord’s insurance shall be assigned to Tenant at the operation Close of Tenant’s business for more than sixty (60) days, Tenant, may in its sole discretion, terminate this Lease in written notice to LandlordEscrow. If the Premises are untenantable (i.e., business is impractical to be conducted on the Premises)untenantable, in whole or in part, during the period beginning on the date the damage occurred and ending on the date of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“”), then then, in such event the Rent for that period shall be reduced to such extent as may be fair and reasonable under the circumstances and the Term shall be extended by the number of days in the Repair Period. Notwithstanding the foregoing, the Rent Period shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep in force the insurance described in Section 9.1 above, except to the extent that Landlord actually receives proceeds from rental interruption insurance applicable to this Leaseabated.

Restoration of Premises. Subject to Section 11.3, if this Lease is not terminated under Section 11.1, (or if the Building or If the Premises are damaged but not totally destroyed by any insured perilfire, and in earthquake or other casualty, Tenant shall give immediate written notice thereof to Landlord's reasonable estimation, rebuilding or repairs . If Landlord estimates that the damage can be substantially completed repaired in accordance with the then established Governmental Requirements within one two hundred eighty seventy (180270) days after the date Landlord is notified by Tenant of Landlord's actual such damage (which estimate shall be delivered to Tenant by Landlord within forty-five (45) days after Landlord has knowledge of the damage) and if there are sufficient insurance proceeds available to repair such damage, then Landlord shall proceed with reasonable diligence to restore the Building to substantially the condition which existed prior to the damage and this Lease shall not terminate). If, in Landlord's estimation, the damage cannot be repaired within such 270 day period or if there are insufficient insurance proceeds available to repair such damage, Landlord may elect in its absolute discretion to either: (a) terminate this Lease or (b) restore the Building to substantially the condition which existed prior to the damage and this Lease will continue. If Landlord restores the Building under this paragraph, then Landlord (1) the Lease Term shall diligently repair be extended for the time required to complete such restoration, (2) Tenant shall pay to Landlord, upon demand, Tenant's Pro Rata Share of any applicable deductible amount specified under Landlord's insurance and restore the Premises to substantially its previous condition within such one hundred and eighty (1803) period, except that Landlord shall not be required to rebuild, repair or replace restore Tenant Improvements, Tenant Alterations, or any part or all furniture, fixtures, equipment, inventory, improvements or other property which was in or about the Premises at the time of the damage and was not owned by Landlord. Base Rent, Additional Rent and any other sum due under this Lease during any reconstruction period shall be abated in proportion to the portion of the Premises alterations, other improvements, or personal property required to be covered by Tenant’s insurance under Section 9. If the damages occurs during the last year of the Lease, and the damage causes major and substantial interference with the operation of Tenant’s business for more than sixty (60) days, Tenant, may in its sole discretion, terminate this Lease in written notice to Landlord. If the Premises are rendered untenantable (i.e., business is impractical to be conducted on the Premises), in whole or in part, during the period beginning on the date the damage occurred and ending on the date of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“), then the Rent for that period shall be reduced to such extent as may be fair and reasonable under the circumstances and the Term shall be extended by the number of days in the Repair Perioddamage. Notwithstanding the foregoing, the Rent shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep in force the insurance described in Section 9.1 above, except to the extent that Landlord actually receives proceeds from rental interruption insurance applicable to this Lease.4.9.2

Restoration of Premises. Subject to Section 11.3, if this Lease is not terminated under Section 11.1, (or if the Building or If the Premises are damaged but not totally destroyed by any insured perilfire, and in earthquake or other casualty, Tenant shall give immediate written notice thereof to Landlord's reasonable estimation, rebuilding or repairs . If Landlord estimates that the damage can be substantially completed repaired in accordance with the then established Governmental Requirements within one two hundred eighty ten (180210) days after the date Landlord is notified by Tenant of Landlord's actual knowledge of such damage and if there are sufficient insurance proceeds available to repair such damage, then Landlord shall proceed with reasonable diligence to restore the Premises to substantially the condition which existed prior to the damage and this Lease shall not terminate). If, then in Landlord's estimation, the damage cannot be repaired within such 210 day period or if there are insufficient insurance proceeds available to repair such damage, Landlord shall diligently repair and may elect in its absolute discretion to either: (a) terminate this Lease or (b) restore the Premises to substantially its previous the condition within which existed prior to the damage and this Lease will continue. If Landlord restores the Premises under this paragraph, then (1) the Lease Term shall be extended for the time required to complete such one hundred restoration, (2) Tenant shall pay to Landlord, upon demand, Tenant's Pro Rata Share of any applicable commercially reasonable deductible amount specified under Landlord's insurance and eighty (1803) period, except that Landlord shall not be required to rebuild, repair or replace restore Tenant Improvements, Tenant Alterations, or any part or all furniture, fixtures, equipment, inventory, improvements or other property which was in or about the Premises at the time of the damage and was not owned by Landlord. Base Rent and Additional Rent due under this Lease during any untenantable period hereunder shall be abated in proportion to the portion of the Premises alterationsrendered untenable during the untenantable period. Tenant agrees to look to the provider of Tenant's insurance for coverage for the loss of Tenant's use of the Premises and any other related losses or damages incurred by Tenant during any reconstruction period. Notwithstanding anything to the contrary contained in Section 4.9.1 or 4.9.3 relating to insufficient insurance proceeds, other improvementsif the estimated cost of repair of such casualty exceeds the amount of the insurance proceeds which are payable to Landlord for the restoration of the Premises (the "Uninsured Cost of Repair"), Landlord and Tenant agree as follows: (a) if the Uninsured Cost of Repair (including any deductible) is less than Ten Thousand Dollars ($10,000.00) and Landlord does not have another basis for terminating this Lease (e.g., the repair will take longer than 210 days or personal property required to be covered by Tenant’s insurance under Section 9. If the damages casualty occurs during the last year final twelve (12) months of the LeaseLease Term), then this Lease shall not terminate, and the damage causes major provisions of Section 4.9.1 governing Landlord's restoration of the Premises shall apply (which shall include, without limitation, Tenant's obligation to pay Tenant's Pro Rata Share of the applicable deductible); and substantial interference with (b) if the operation Uninsured Cost of Tenant’s business for Repair (including any deductible) is more than sixty Ten Thousand Dollars (60) days, Tenant, may in its sole discretion, terminate this Lease in written notice to Landlord. If the Premises are untenantable (i.e., business is impractical to be conducted on the Premises), in whole or in part, during the period beginning on the date the damage occurred and ending on the date of substantial completion of Landlord’s repair or restoration work in any event not to exceed one hundred and eighty (180) days following the date the damage occurred (the “Repair Period“$10,000.00), then the Rent for that period shall be reduced to such extent as Landlord may be fair and reasonable under the circumstances and the Term shall be extended by the number of days elect in the Repair Period. Notwithstanding the foregoing, the Rent shall not be abated if a Tenant Party caused the damage through Tenant’s negligence or willful misconduct, or if Tenant fails to keep in force the insurance described in Section 9.1 above, except to the extent that Landlord actually receives proceeds from rental interruption insurance applicable to this Lease.its absolute