Common use of Restorative Work Clause in Contracts

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), and (b) Tenant’s use and enjoyment of and access to the Premises, Common Areas, and Common Facilities shall not be materially, adversely affected. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with the requirements of clause (a) above in this Section 6.3, except as set forth in Section 10.13, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, Building Systems and the Common Facilities, and/or the Building SystemsCenter, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”"RESTORATIVE WORK"), as Landlord deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), provided that if such Restorative Work shall require a substantial change in the location of the point of connection of localized distribution of any Building System to the Premises, Landlord shall pay the cost to bring the connection point for Tenant's localized distribution to the new location thereof and (b) Tenant’s use and enjoyment Tenant is not deprived of and access to the Premises, Common Areas, and Common Facilities shall not be materially, adversely affected. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the performance of such Restorative WorkWork without any obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses unless such interference (i) materially interferes with access to the Premises, (ii) threatens the health and safety of any occupancy or (iii) interferes unreasonably with Tenant's ability to conduct its business in the Premises (in which event Landlord shall incur overtime or premium costs, subject to reimbursement pursuant to ARTICLE 7 below). Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with the requirements of clause (a) above in this Section 6.3, except as set forth in Section 10.13, Subject to SECTION 10.12 there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s 's other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building and Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”"RESTORATIVE WORK"), as Landlord reasonably deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work Work, provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), which shall be minimized) and (b) Tenant’s use and enjoyment Tenant is not deprived of and access to the Premises, Common Areas, Premises in condition and Common Facilities shall not be materially, adversely affectedunder conditions reasonably conducive to the conduct of Tenant's business. Landlord shall diligently use commercially reasonable efforts to minimize avoid (or, if unavoidable, to minimize) interference with Tenant’s 's use and occupancy of the Premises during the performance of such Restorative WorkWork including, without limitation, performing such Restorative Work outside of Ordinary Business Hours. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with Except to the requirements of clause (a) above in this Section 6.3, except as set forth extent provided in Section 10.1310.12, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s 's other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building and Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord deems necessary or desirable, and to take all materials material into the Premises required for the performance of such Restorative Work provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), ) and (b) Tenant’s use and enjoyment Tenant is not deprived of and reasonable access to the Premises, Common Areas, and Common Facilities shall not be materially, adversely affected. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with the requirements of clause (a) above in this Section 6.3, except as set forth in Section 10.13, there There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work. Notwithstanding anything contained herein to the contrary, should any Restorative Work (other than Restorative Work being done on an emergency basis) be of a nature which would materially disrupt Tenant’s normal business activity in the Premises, Landlord shall, to the extent reasonably feasible, undertake such Restorative Work outside the hours of 8:00 a.m. to 5:00 p.m. Mondays through Fridays (holidays excepted).

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building and Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord deems reasonably necessary or desirable, and in compliance with this Lease, and to take all materials material into the Premises required for the performance of such Restorative Work provided that (a) the square footage of the Premises shall not be permanently decreased, (b) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), ) and (bc) Tenant’s use and enjoyment of and access to the Premises, Common Areas, and Common Facilities shall Premises is not be materially, adversely affectedmaterially interfered with. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid Any provision of this Lease to the contrary notwithstanding, if such Restorative Work continues for more than 3 consecutive Business Days and has complied shall render any portion of the Premises unusable for the normal conduct of Tenant’s business, and if Tenant in fact does not use or occupy such portion of the Premises during such Restorative Work, then the Fixed Rent and Tenant’s payment of Operating Expenses and Taxes payable hereunder with respect to such portion of the requirements Premises which Tenant does not occupy shall be abated retroactively to the 1st Business Day of clause such Restorative Work and shall continue until the earlier of (ai) above in this Section 6.3such portion of the Premises is substantially restored, except or (ii) Tenant recommencing occupancy of such portion of the Premises. Except as set forth in Section 10.13the immediately preceding sentence, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work. Except in the case of a bonafide emergency, Landlord shall use commercially reasonable efforts to provide Tenant with 5 days prior notice of the date on which Landlord intends to commence performance of any Restorative Work that Landlord anticipates will materially and adversely affect Tenant’s use of the Premises. Notwithstanding the foregoing, except in the case of a bonafide emergency, Landlord shall not be permitted to perform any Restorative Work that directly, materially and adversely impacts Tenant’s Network Operation Center (the “NOC Facilities”) without Tenant’s prior written consent, which consent shall not to be unreasonably withheld, conditioned or delayed. The NOC Facilities are shown on Exhibit A-3 – NOC Facilities. If Landlord desires to perform Restorative Work within the NOC Facilities, Landlord and Tenant shall reasonably cooperate with each other so that Landlord can promptly perform such Restorative Work and Landlord shall comply with Tenant’s reasonable requests with respect to the performance of such Restorative Work including, without limitation, methodology, timing and materials. All Restorative Work within the NOC Facilities shall be completed by contractors reasonably acceptable to Tenant and on an escorted basis only.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), and (b) Tenant’s use access to and quiet enjoyment of and access the Premises for the Permitted Uses pursuant to the Premises, Common Areas, terms and Common Facilities shall conditions of this Lease is not be materially, adversely affectedmaterially impaired. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with the requirements of clause (a) above in this Section 6.3, except as set forth in Section 10.13, there There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building and Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord deems reasonably necessary or desirable, and to take all materials into the Premises reasonably required for the performance of such Restorative Work upon reasonable advanced notice to Tenant (except in the case of an emergency when no advanced notice shall be required and in a commercially reasonable and customary manner), provided that (a) the level of any Building service shall not decrease from the level required of Landlord in this Lease as a result thereof other than to an immaterial extent (other than as required by Requirements or temporary changes in the level of such services during the performance of any such Restorative Work), (b) Tenant is not deprived of reasonable access to the Premises or the Tenant’s Roof Deck Area except on a temporary basis, (c) there is no reduction in the ceiling heights of the Premises other than to an immaterial extent, (d) the usable area of the Premises and the Tenant’s Roof Deck Area is not to be reduced beyond an immaterial extent, and (e) such Restorative Work shall not adversely affect the layout or use of the Premises (including, without limitation, by materially changing the location of the core bathrooms or the elevator shafts, or lowering the ceiling heights other than to an immaterial extent) or the Tenant’s Roof Deck Area on a permanent basis except to an immaterial extent, and further provided that in respect of Tenant’s Roof Deck Area, such Restorative Work shall not include vertical improvements or additions which materially and adversely affect Tenant’s use thereof unless required for proper function of the Building or to comply with Requirements (and in such cases no reasonable an practical alternative is available to Landlord). Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises and the Tenant’s Roof Deck Area (as applicable) during the performance of such Restorative Work. During the course of performance of such Restorative Work, Landlord shall use all commercially reasonable efforts not to, reduce the level of any Building service nor decrease the same in any material respect from the level required of Landlord in this Lease as a result thereof (other than necessary temporary changes in the level of such services during the performance of any such Restorative Work), and (b) Tenant’s use and enjoyment of and access to the Premises, Common Areas, and Common Facilities shall not be materially, adversely affected. Landlord shall diligently use commercially reasonable efforts to minimize interference such that continued access by Landlord or its contractors or agents does not unreasonably interfere with Tenant’s ordinary use and occupancy of the Premises during and the performance of such Restorative WorkTenant’s Roof Deck Area. Provided that In connection with any access by Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with the requirements of clause (a) above in pursuant to this Section 6.3, except as set forth in Landlord shall promptly repair damage, if any, caused by such entry, subject to the terms of Section 10.13, there 11.2 below. There shall be no abatement of Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant Landlord or others performing, or failing to perform, any Restorative Work, in accordance with the terms hereof, except as otherwise expressly provided herein. In entering the Premises and/or the Tenant’s Roof Deck Area pursuant to this Section 6.3, Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises and the Tenant’s Roof Deck Area during any such entry, provided Landlord shall not be required to perform work on an overtime basis unless Tenant delivers to Landlord a written request to proceed using overtime labor and Tenant agrees therein to reimburse Landlord, within thirty (30) days after demand therefor, for any overtime and/or additional expenses incurred by Landlord in complying therewith. Tenant shall have the right to have a representative accompany any party entering the Premises pursuant to this Section 6.3 (except in cases of emergency) provided such representative is made available at the time of such entry.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), and (b) Tenant’s use and enjoyment of and access to the Premises, Common AreasPremises and Tenant’s usual operations in the Premises are not materially impaired, and Common Facilities shall (c) Landlord provides not be materially, adversely affected. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy less than thirty (30) days prior notice of the commencement of the Restorative Work, which notice shall describe the Restorative Work and the remediation actions to be taken by Landlord in connection therewith. Any access to the Premises during by Landlord in connection with the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid Work shall be subject to and has complied in accordance with the requirements provisions of clause (a) above in this Section 6.3, except as set forth in Section 10.13, there 14.1. There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business interruptions arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work.. Article 7

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building and Base Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord reasonably deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work Work, provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), and (b) Tenant’s use and enjoyment Tenant is not deprived of and reasonable access to the Premises, Common Areas, and Common Facilities (c) such Restorative Work shall not require the reconfiguration or modification to any of the Tenant Improvements or Alterations (in either case, located within the Premises) theretofore performed and (d) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the Restorative Work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such period as may reasonably be materially, adversely affectedrequired in order to complete Restorative Work at the Parking Facility. All Restorative Work shall be consistent with the quality and finishes normally and customarily then found in Comparable Buildings. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied complies with the requirements of clause (a) above in this Section 6.3, except as set forth in Section 10.13immediately preceding sentence, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building and Base Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord reasonably deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work Work, provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such Restorative Work), ) and (b) Tenant’s use and enjoyment Tenant is not deprived of and reasonable access to the Premises, Common Areas, and Common Facilities shall not be materially, adversely affectedPremises or the Parking Facility. Landlord shall diligently use commercially reasonable efforts to minimize interference with TenantXxxxxx’s use and occupancy of the Premises during the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with the requirements of clause (a) above in this Section 6.3, except Except as set forth in Section 10.1310.13 and Section 15.6 hereof and any other applicable provision set forth in this Lease, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work.

Restorative Work. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Building, the Common Facilities, and/or the Building and Base Building Systems, including changing the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other Common Areas (collectively, “Restorative Work”), as Landlord reasonably deems necessary or desirable, and to take all materials into the Premises required for the performance of such Restorative Work Work, provided that (a) the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than reasonably required temporary changes in the level of such services during the performance of any such Restorative Work), ) and (b) Tenant’s use and enjoyment Tenant is not deprived of and reasonable access to the Premises, Common Areas, and Common Facilities shall not be materially, adversely affectedPremises or the Parking Facility. Landlord shall diligently use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of such Restorative Work. Provided that Landlord has diligently used commercially reasonable efforts as aforesaid and has complied with the requirements of clause (a) above in this Section 6.3, except as set forth in Section 10.13, there There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others performing, or failing to perform, any Restorative Work. Notwithstanding the foregoing to the contrary, if any Restorative Work (a) continues for more than five (5) consecutive Business Days or ten (10) Business Days in any thirty (30)-day period and (b) renders any portion of the Premises untenantable (and Tenant in fact ceases use of such portion), then following those periods, and until said portion of the Premises is tenantable, Rent shall xxxxx in proportion to the amount of the Premises so rendered untenantable.