Common use of Restoration Obligations Clause in Contracts

Restoration Obligations. If this Lease is not terminated pursuant to Section 16.A. or Section 16.B. above, then Landlord shall, at its sole expense, proceed with reasonable diligence, subject to Force Majeure delays (as defined in Section 27.G. of this Lease) to rebuild or repair the Premises (including Improvements made or paid for by Tenant, the loss of which is covered by insurance carried by Landlord, but excluding Tenant’s Personal Property and Improvements that Tenant is required to remove pursuant to Section 11.F. above), the Building or other improvements within the Project to as near the condition in which they existed immediately prior to the date of Casualty as reasonably possible. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the Casualty, then the Rent payable under this Lease during the period for which the Premises are untenantable shall be abated in proportion to the areas of the Premises rendered untenantable (as reasonably and equitably determined by Landlord) from the date of Casualty until restoration is completed by Landlord. Notwithstanding anything contained herein to the contrary, if the holder of a Mortgage purchases or acquires Landlord’s interest in the Premises or the Project by foreclosure sale or deed in lieu thereof, then such holder shall not be bound by the restoration obligations set forth in this Section 16 and shall have the option either to use any such insurance proceeds to restore the Premises in accordance with the terms of this Lease or to terminate this Lease and retain all such proceeds as its own and upon such termination the Rent shall be abated for the unexpired portion of the Lease effective as of the date of Casualty.

Restoration Obligations. If Upon the expiration or earlier tennination of this Lease Lease, or upon the date specified in any written demand for possession by Landlord after any Default by Tenant which date may not be less than six (6) months from the date of such notice), Tenant shall have completed all work associated with the removal of Tenant’s Equipment, fixtures, systems, and tenant improvements, whether by Xxxxxx or Xxxxxx, and restoration and reconstruction of the Demised Premises to the conditions described in Exhibit L attached hereto (referred to herein as Tenant’s “Restoration Obligations”), All such work shall be completed in a good and workmanlike manner by Xxxxxxx Construction or other general contractor reasonably acceptable to Landlord. Repairing damage from casualty, the repair of which is subject to Article 10 hereof, is not terminated pursuant part of the Restoration Obligations. Tenant is responsible for all permits, fees, and costs associated with the work and must deliver to Landlord: (i) a certificate of substantial completion signed by the general contractor performing the work, and (ii) a certificate of occupancy from the City of Boulder for the Demised Premises following substantial completion of the restoration work. Prior to the commencement of the Tenant’s Restoration Obligations described and defined by this Section 16.A. or Section 16.B. above14.3 and Exhibit L, then Tenant must give Landlord shallwritten notice that Tenant intends to commence such work. Landlord may, at its sole expenseoption, proceed with reasonable diligence, subject reduce or eliminate any of Tenant’s Restoration Obligations by written notice to Force Majeure delays Tenant within fifteen (as defined in Section 27.G. of this Lease15) days from Tenant’s notice to rebuild or repair the Premises (including Improvements made or paid for by Tenant, the loss of which is covered by insurance carried by Landlord, but excluding or, if earlier, with any written demand by Landlord for possession; provided, however, Landlord may not alter Tenant’s Personal Property and Improvements Restoration Obligations in any manner that increases Tenant’s cost of performance or prevents Tenant is required to remove pursuant to Section 11.F. above), the Building or other improvements within the Project to as near the condition in which they existed immediately prior to the date of Casualty as reasonably possiblefrom recovering Tenant’s Equipment. If Tenant has not delivered the Premises are to be rebuilt or repaired certificate of substantial completion and are untenantable in whole or in part following the Casualty, then the Rent payable under this Lease during the period for which the Premises are untenantable shall be abated in proportion to the areas certificate of the Premises rendered untenantable (as reasonably and equitably determined by Landlord) from the date of Casualty until restoration is completed by Landlord. Notwithstanding anything contained herein to the contrary, if the holder of a Mortgage purchases or acquires Landlord’s interest in the Premises or the Project by foreclosure sale or deed in lieu thereof, then such holder shall not be bound occupancy by the restoration obligations applicable deadline set forth in this Section 16 and shall have the option either to use any such insurance proceeds to restore the Premises 14.3, then Tenant will be deemed in accordance with the terms default of this Lease or to terminate this Lease and retain all such proceeds as its own and upon such termination the Rent shall be abated for the unexpired portion of the Lease effective as of the date of CasualtySection 14.3.

Restoration Obligations. If this Lease is not terminated pursuant Notwithstanding anything to Section 16.A. or Section 16.B. abovethe contrary contained in the Lease, then Landlord shall, at its sole expense, proceed with reasonable diligence, subject to Force Majeure delays (as defined in Section 27.G. of this Leasea) to rebuild or repair the Premises (including Improvements made or paid for by Tenant, the loss of which is covered by insurance carried by Landlord, but excluding Tenant’s Personal Property and Improvements that Tenant is required shall have no obligation to remove pursuant to Section 11.F. above), the Building any permanently affixed Improvements or other improvements within the Project to as near the condition in which they existed immediately prior to the date of Casualty as reasonably possible. If the Premises are to be rebuilt Tenant Alterations constructed or repaired and are untenantable in whole or in part following the Casualty, then the Rent payable under this Lease during the period for which the Premises are untenantable shall be abated in proportion to the areas of the Premises rendered untenantable (as reasonably and equitably determined by Landlord) from the date of Casualty until restoration is completed by Landlord. Notwithstanding anything contained herein to the contrary, if the holder of a Mortgage purchases or acquires Landlord’s interest installed in the Premises or the Project by foreclosure sale or deed in lieu thereof, then such holder shall not be bound by the restoration obligations set forth in this Section 16 and shall have the option either to use any such insurance proceeds to restore interior of the Premises in accordance with the terms of this the Lease or nor shall Tenant be obligated to terminate this Lease and retain all such proceeds as its own and upon such termination restore the Rent shall be abated for the unexpired interior portion of the Lease effective as Premises to its original condition upon the expiration or earlier termination of the date Lease, and (b) Tenant shall be required to remove all personal property, including but not limited to, all equipment and storage containers, located in the Outside Areas highlighted in gold and red, and identified as “Intevac” and “Shared”, respectively, on Exhibit B attached hereto and incorporated herein by this reference, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of Casualtythe Lease, and Tenant shall repair any damage to the Project caused by such removal and return any affected portions of the Project, including the Outside Areas, to the condition existing prior to the placement or installation of Xxxxxx’s personal property in the Outside Areas. If Tenant fails to obtain Landlord’s approval for any Tenant Alterations (excluding Minor Alterations) as required under the Lease, or fails to comply with the requirements of any applicable Laws (including any permit requirements) in constructing any Tenant Alterations or Improvements, then Landlord may require the removal, at Tenant’s expense, of all or any part of such Tenant Alterations or Improvements upon Landlord’s discovery of the same. If Tenant fails to remove any personal property, including, but not limited to, any equipment or storage containers, from the Outside Areas in accordance with this Section 9, then Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. In addition to the foregoing, at the expiration or earlier termination of the Lease, Tenant, at Tenant’s sole cost and expense, shall: (i) cause all Hazardous Materials located on, in or about any portion of the Premises, Building or Project by Tenant or a Tenant Agent, to be removed from the Premises, Building and Project, as applicable, and managed or disposed of in accordance with all Hazardous Materials Laws and as necessary to allow the Premises and the Outside Area to be used for any commercial purpose; and (ii) cause to be removed all containers installed or used by Tenant or Tenant’s Agents to store any Hazardous Materials on the Premises or the Outside Area, and cause to be repaired any damage to the Premises or Outside Area caused by such removal, in accordance with, and subject to the terms and conditions of, Sections 7.2H, 15.2 and 15.17 of the Lease. The provisions of this Section 9 shall not change Tenant’s obligations under Section 5.2D of the Lease.

Restoration Obligations. If neither Landlord nor Tenant has the right to terminate this Lease is not terminated pursuant to Section 16.A. or Section 16.B. above, then Landlord shall, at its sole expense, proceed with reasonable diligence, subject to Force Majeure delays (as defined in Section 27.G. the foregoing provisions of this Lease) Section 19, or if the party or parties that have the right to rebuild or repair terminate this Lease do not exercise such right within the Premises (including Improvements made or paid for by Tenanttime and in the manner as hereinabove provided, the loss of which is covered by insurance carried by Landlord, but excluding Tenant’s Personal Property and Improvements that Tenant is required to remove pursuant to Section 11.F. above), Landlord shall have the Building (excluding premises leased to other tenants) repaired or other improvements within the Project restored to as near the condition in which they all material respects that existed immediately prior to the date of Casualty as reasonably possible. If at the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the Casualty, then the Rent payable under this Lease during the period for which the Premises are untenantable shall be abated in proportion to the areas sole expense of the Premises rendered untenantable (as reasonably Landlord; provided, however Landlord shall have no repair or restoration obligation beyond the actual insurance proceeds collected by and equitably determined by Landlord) from the date of Casualty until restoration is completed by Landlordmade available to Landlord after commercially reasonable efforts. Notwithstanding anything contained any provisions herein to the contrary, if in no event shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions or other improvements which may have been placed in or about the Premises by Tenant, and Tenant shall be responsible for the rebuilding, repairing or replacing of such items. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control except that Landlord’s insurance may be subject to control by the holder or holders of any indebtedness secured by a Mortgage purchases mortgage or acquires Landlord’s deed to secure debt covering any interest of Landlord in the Premises Premises, the Building, or the Project by foreclosure sale Property. An equitable abatement in rent shall be allowed from the Damage Date for Tenant’s loss of use or deed access until such time that the damage has been repaired or restored in lieu thereofall material respects to its condition prior to the Casualty; provided that to the extent that any portion of the Premises is unusable for the purpose for which it was being used prior to the Casualty, then all rent applicable to such holder shall not be bound by the restoration obligations set forth in this Section 16 and shall have the option either to use any such insurance proceeds to restore the Premises in accordance with the terms of this Lease or to terminate this Lease and retain all such proceeds as its own and upon such termination the Rent portion shall be abated for in full. Landlord’s architect shall deliver a notice to both parties within sixty (60) days after the unexpired portion of Damage Date stating the Lease effective as of time required to repair and restore the date of Casualtydamage caused by any Casualty and if Landlord is obligated hereunder to repair and restore such damage, Landlord shall use all reasonable efforts in good faith to repair and restore such damage within the estimated time period.

Restoration Obligations. If this Lease is not terminated pursuant to Section 16.A. 16.A or Section 16.B. above16.B herein, then Landlord shall, at its sole expense, proceed with reasonable diligence, subject to Force Majeure delays (as defined in Section 27.G. 28.G of this Lease) to rebuild or repair the Premises (including Improvements made or paid for by Tenant, the loss of which is covered by insurance carried by Landlord, but excluding Tenant’s Personal Property and Improvements that Tenant is required to remove pursuant to Section 11.F. above11.F and Section 11.J of this Lease), the Building or other improvements within the Project to as near the condition in which they existed immediately prior to the date of Casualty as reasonably possible. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the Casualty, then the Rent payable under this Lease during the period for which the Premises are untenantable shall be abated in proportion to the areas of the Premises rendered untenantable (as reasonably and equitably determined by Landlord) from the date of Casualty until restoration is completed by Landlord. Notwithstanding anything contained herein to the contrary, if the holder of a Mortgage purchases or acquires Landlord’s interest in the Premises or the Project by foreclosure sale or deed in lieu thereof, then such holder shall not be bound by the restoration obligations set forth in this Section 16 16.C and shall have the option either to use any such insurance proceeds to restore the Premises in accordance with the terms of this Lease or to terminate this Lease and retain all such proceeds as its own and upon such termination the Rent shall be abated for the unexpired portion of the Lease effective as of the date of Casualty.

Restoration Obligations. If this Lease is not terminated pursuant to Section SECTION 16.A. or Section SECTION 16.B. above, then Landlord shall, at its sole expense, proceed with reasonable diligence, subject to Force Majeure delays (as defined in Section SECTION 27.G. of this Lease) to rebuild or repair the Premises (including Improvements made or paid for by Tenant, the loss of which is covered by insurance carried by Landlord, but excluding Tenant’s 's Personal Property and Improvements that Tenant is required to remove pursuant to Section SECTION 11.F. above), the Building or other improvements within the Project to as near the condition in which they existed immediately prior to the date of Casualty as reasonably possible. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the Casualty, then the Rent payable under this Lease during the period for which the Premises are untenantable shall be abated in proportion to the areas of the Premises rendered untenantable (as reasonably and equitably determined by LandlordLandlord and Tenant) from the date of Casualty until restoration is completed by Landlord. Notwithstanding anything contained herein to the contrary, if the holder of a Mortgage purchases or acquires Landlord’s 's interest in the Premises or the Project by foreclosure sale or deed in lieu thereof, then such holder shall not be bound by the restoration obligations set forth in this Section SECTION 16 and shall have the option either to use any such insurance proceeds to restore the Premises in accordance with the terms of this Lease or to terminate this Lease and retain all such proceeds as its own and upon such termination the Rent shall be abated for the unexpired portion of the Lease effective as of the date of Casualty. Notwithstanding any provision herein to the contrary, if more than twenty percent (20%) of the Premises or Tenant's parking spaces within the Project is destroyed by casualty, and restoration of same is reasonably expected to take longer than two hundred ten (210) days, than Tenant may, by notice to Landlord, terminate this Lease.

Restoration Obligations. If this Lease is not terminated pursuant to Section 16.A. or Section 16.B. above, then Landlord shall, at its sole expense, proceed with reasonable diligence, subject to Force Majeure delays (as defined in Section 27.G. 35.G. of this Lease) to rebuild or repair the Premises (including Improvements made or paid for by Tenant, the loss of which is covered by insurance carried by Landlord, but excluding Tenant’s Personal Property and Improvements that Tenant is required to remove pursuant to Section 11.F. above), the Building or other improvements within the Project to as near the condition in which they existed immediately prior to the date of Casualty as reasonably possible. If the Premises are to be rebuilt or repaired and are untenantable in whole or in part following the Casualty, then the Rent payable under this Lease during the period for which the Premises are untenantable shall be abated in proportion to the areas of the Premises rendered untenantable (as reasonably and equitably determined by LandlordLandlord and Tenant) from the date of Casualty until restoration is completed by Landlord. Notwithstanding anything contained herein to the contrary, if the holder of a Mortgage purchases or acquires Landlord’s interest in the Premises or the Project by foreclosure sale or deed in lieu thereof, then such holder shall not be bound by the restoration obligations set forth in this Section 16 and shall have the option either to use any such insurance proceeds to restore the Premises in accordance with the terms of this Lease or to terminate this Lease and retain all such proceeds as its own and upon such termination the Rent shall be abated for the unexpired portion of the Lease effective as of the date of Casualty.