Common use of Tenant’s Duty to Restore Premises Clause in Contracts

Tenant’s Duty to Restore Premises. At any time during the Term of this Lease, and so long as no uncured Event of Default has occurred (after giving Tenant the time to effect a cure as set forth herein), if any buildings or improvements now or hereafter on the Ground Leased Premises are damaged and/or destroyed in whole or in part by fire, theft, the elements, or any other cause, this Ground Lease shall continue in full force and effect, and Tenant, at its sole cost and expense, may repair and restore the damaged or destroyed the improvements as nearly as possible to their value and function immediately prior to the damage or destruction, whether or not there are sufficient insurance proceeds to cover the repair and restoration expenses; but if Tenant elects not to restore such improvements, Tenant shall promptly (a) secure the Ground Leased Premises, making the same safe; and (b) remove and dispose of all debris from such Ground Leased Premises. If Tenant desires to rebuild any improvements located on the Ground Leased Premises so that they will have a use different than use as or related to a health care facility, then such different use of the rebuilt facility shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, and shall otherwise be subject to the terms and conditions of this Lease. The work of repair and restoration shall be commenced by Tenant as soon as reasonably possible with due consideration given to among other things, clearing of damaged portions of the Ground Leased Premises and site preparation, adjustment of insurance claims, redesign, rebidding and repermitting, obtaining a new loan or loans for construction or repair. Tenant shall proceed diligently to commence repairs and restoration. Once construction has commenced Tenant shall proceed diligently thereafter to complete the construction or repair, subject to reasonable delays due to force majeure events or events beyond the reasonable control of Tenant. Tenant shall not be responsible for delays caused by force majeure events or events or events beyond the reasonable control of Tenant. In all other respects, the work of any repair and restoration shall be done in accordance with the requirements for original construction work on the Ground Leased Premises set forth in Article 5 of this Lease. Any failure by Tenant to timely and properly repair and restore the Ground Leased Premises, or to secure it and remove and dispose all debris if Tenant elects to not restore the improvements, shall constitute an Event of Default hereunder.

Tenant’s Duty to Restore Premises. At Subject to the terms of any Leasehold Mortgage, at any time during the Term or Extended Term(s) of this Lease, and so long as no uncured Event of Default has occurred (after giving Tenant the time to effect a cure as set forth herein)occurred, if any buildings or improvements now or hereafter on the Ground Leased Premises are damaged and/or destroyed in whole or in part by fire, theft, the elements, or any other cause, this Ground Lease shall continue in full force and effect, and Tenant, at its sole cost and expense, may shall repair and restore the damaged or destroyed the MOB and related improvements as nearly as possible to their value and function immediately prior according to the damage original plan hereof or destructionaccording to such modified plans as shall be reasonably approved in writing by Landlord, whether or not there are sufficient insurance proceeds to cover the repair and restoration expenses; but if Tenant elects not to restore such improvements, Tenant shall promptly (a) secure the Ground Leased Premises, making the same safe; and (b) remove and dispose of all debris from such Ground Leased Premises. If Tenant desires to rebuild any improvements located on the Ground Leased Premises so that they will have a use different than use as or related to a health care facility, then such different use of the rebuilt facility shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, and shall otherwise be subject to the terms and conditions of this Lease. The work of repair and restoration shall be commenced by Tenant as soon as reasonably possible possible, with due consideration given to to, among other things, clearing of damaged portions of the Ground Leased Premises and site preparation, adjustment of insurance claims, redesign, rebidding and repermitting, obtaining a new loan or loans for construction or repair. Tenant shall proceed diligently to commence repairs and restoration. Once construction has commenced commenced, Tenant shall proceed diligently thereafter to complete the construction or repair, and shall complete the same no later than 12 months after the commencement of such construction or repair, subject to reasonable delays due to force majeure events or events beyond the reasonable control of TenantForce Majeure Events. Tenant shall not be responsible for delays caused by force majeure events or events or events beyond Force Majeure Events. Notwithstanding anything to the reasonable control of Tenant. In all other respectscontrary contained herein, the work of any repair and restoration shall be done in accordance with the requirements for original construction work on the Ground Leased Premises set forth in Article 5 of this Lease. Any failure by Tenant to timely and properly repair and restore the Ground Leased Premises, or to secure it and remove and dispose all debris if Tenant elects to not restore the improvements, shall constitute an so long as no Event of Default hereunder.has

Tenant’s Duty to Restore Premises. At If at any time during the Term of this LeaseTerm, and so long as no uncured Event of Default has occurred (after giving Tenant the time to effect a cure as set forth herein), if any buildings or improvements Improvements now or hereafter on the Ground Leased Premises are damaged and/or destroyed in whole or in part by fire, theft, the elements, or any other cause, this Ground Lease shall continue in full force and effect, effect and Tenant, at its sole Tenant’s own cost and expense, may shall repair and restore the damaged or destroyed Improvements except as otherwise herein specifically provided. Any restoration by Tenant shall comply with the improvements original plans for the Improvements described in Article 5, if and to the extent permitted by then Applicable Laws and to the availability of original materials, except as nearly as possible to their value and function immediately may be modified by Tenant, provided that any such modification which is materially different from the condition of the Improvements prior to the damage or destruction, whether or not there are sufficient insurance proceeds to cover the repair and restoration expenses; but if Tenant elects not to restore such improvements, Tenant shall promptly (a) secure the Ground Leased Premises, making the same safe; and (b) remove and dispose of all debris from such Ground Leased Premises. If Tenant desires to rebuild any improvements located on the Ground Leased Premises so that they will have a use different than use as or related to a health care facility, then such different use of the rebuilt facility destruction shall be subject to Landlord’s the prior written approvalapproval of Landlord, which approval shall not be unreasonably withheld, and shall otherwise be subject to the terms and conditions of this Leaseconditioned or delayed. The work of repair and restoration shall be commenced by Tenant within a reasonable time after the damage or destruction occurs and insurance claims settled and funded and shall be completed with due diligence as soon as reasonably possible possible. In connection with due consideration given to among other things, clearing of damaged portions any restoration of the Ground Leased Premises under this Section 7.03, Xxxxxx’s restoration obligations with respect to the Improvements shall be supported by the Guaranty from Guarantor. Following any destruction of the Premises described in this Section 7.03, the date of Xxxxxx’s full and complete restoration of the Project in accordance with this Section 7.03 shall be the “Restoration Date”. Notwithstanding the provisions of Section 13.14 of this Lease, Landlord agrees, upon Xxxxxx’s written request, to provide written confirmation of the following: (a) that either (i) the modifications to the Improvements proposed by Tenant in connection with the restoration of the Improvements do not require Landlord’s approval; or (ii) if the modifications are material and require Landlord’s approval, that Landlord approves the plans and specifications provided by Tenant to Landlord for such modifications or, if the plans and specifications for such material modifications are reasonably disapproved by Landlord, a description of those changes to the plans and specifications required by Landlord for its approval; (b) that the date specified by Tenant to Landlord, in writing, for commencement of the restoration of the Premises and site preparationfor completion of the restoration of the Premises, adjustment comply with the requirements of insurance claims, redesign, rebidding this Lease; and repermitting, obtaining a new loan or loans (c) that no other approvals are required of Landlord for construction or repair. Tenant shall proceed diligently to commence repairs and restoration. Once construction has commenced Tenant shall proceed diligently thereafter to complete perform the construction or repair, subject to reasonable delays due to force majeure events or events beyond restoration of the reasonable control of Tenant. Tenant shall not be responsible for delays caused by force majeure events or events or events beyond the reasonable control of TenantPremises. In all other respects, the work of any repair and restoration shall be done in accordance with the requirements for the original construction work on the Ground Leased Premises set forth in Article 5 of this Lease. Any failure by Tenant to timely and properly repair and restore Tenant’s obligation for restoration described in this Section shall exist notwithstanding any insufficient insurance proceeds despite Tenant’s compliance with the Ground Leased Premises, or to secure it and remove and dispose all debris if Tenant elects to not restore the improvements, shall constitute an Event of Default hereunderinsurance obligations set forth in Section 8.02 below.