Example ContractsClausesrepair of damage to premises by landlordVariants
Repair of Damage to Premises by Landlord
Repair of Damage to Premises by Landlord contract clause examples

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any common areas of the Building or Project serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 11, restore the base, shell, and core of the Premises and such common areas. Such restoration shall be to substantially the same condition of the base, shell, and core of the Premises and common areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the Project and/or the Building, or the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the common areas deemed desirable by Landlord, provided access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or common areas necessary to Tenant's occupancy, and if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond 3">Landlord'3">Landlords reasonable control, and subject to all other terms of this Article 11, restore 5">the base, shell,5">such Common Areas and7"> core of the Premises9"> and such common areas. Such restoration shall be to substantially the same condition 11">of the base, shell, and core of the Premises and common areas11">as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the 13">Project and/13">Building or 15">the Building, or the lessor of a ground or underlying lease with respect to the Building,15">Project or any other modifications to the 17">common areas17">Common Areas deemed desirable by Landlord, 19">which are consistent with the character of the Project, provided21"> that access to the 23">Premises and any common restrooms serving23">or the25"> use of Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises,27"> upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under 29">Tenant'29">Tenant’s insurance required under 31">[Section31">Section 10.3.33">2]33">2(ii) of this 35">Lease,35">Lease and 37">Landlord37">Landlord’s obligation to restore any Alterations or Tenant Improvements shall 39">repair any damage39">be limited to the 41">tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs41">extent of such43"> repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by 45">Landlord therefor from Tenant's insurance carrier, as assigned by Tenant,45">Landlord. To the 47">excess costs of such repairs shall be paid by Tenant47">extent permitted pursuant to 49">Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work.49">Applicable Laws, Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to 51">Tenant'51">Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 53">common areas53">Common Areas necessary to 55">Tenant'55">Tenant’s occupancy, and 57">if such damage is not the 59">result59">Premises, or a material portion of the 61">negligence or willful misconduct61">Premises, are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of 63">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 63">rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 11, restore the 3">base, shell, and core of the Premises3">Base Building and such 5">common areas.5">Common Areas. Such restoration shall be to substantially the same condition of the 7">base, shell,7">Base Building and 9">core of the 11">Premises and common areas11">Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the 13">Project and/13">Building or 15">the Building, or the lessor of a ground or underlying lease with respect to the Building,15">Project or any other modifications to the 17">common areas17">Common Areas deemed desirable by Landlord, 19">which are consistent with the character of the Project, provided21"> that access to the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises, 23">upon notice (the "Landlord Repair Notice") to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under [Section 10.25">3.2]25">3] of this Lease, and Landlord shall repair any 27">injury or damage to the 29">tenant improvements29">Tenant Improvements and 31">alterations31">the Original Improvements installed in the Premises and shall return33"> such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or common areas necessary to Tenant's occupancy, and if such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the 1">Premises1">Premises, Buildings or any 3">common areas of the Building or Project3">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond 5">Landlord'5">Landlords reasonable control, and subject to all other terms of this Article 11, restore 7">the base, shell,7">such Common Areas and9"> core of the Premises and 11">such common areas. Such restoration shall be11">Building to substantially the same condition 13">of the base, shell, and core of the Premises and common areas13">as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the 15">Project and/15">Building or 17">the Building, or the lessor of a ground or underlying lease with respect to the Building,17">Project or any other modifications to the 19">common areas19">Common Areas deemed desirable by Landlord, 21">which are consistent with the character of the Project, provided23"> that access to25"> the Premises and any common restrooms serving the Premises shall not be materially impaired. Upon the occurrence of any damage to the Premises,27"> upon notice (the “Landlord Repair Notice”) to Tenant from Landlord, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under 29">Tenant'29">Tenant’s insurance required under 31">[Section31">Section 10.3.33">2]33">2(ii) of this 35">Lease,35">Lease and 37">Landlord37">Landlord’s obligation to restore any Alterations or Tenant Improvements shall 39">repair any damage39">be limited to the 41">tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs41">extent of such 43">repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds43">proceed received by 45">Landlord therefor from Tenant's insurance carrier, as assigned by Tenant,45">Landlord. To the 47">excess costs of such repairs shall be paid by Tenant47">extent permitted pursuant to 49">Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work.49">Applicable Laws, Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to 51">Tenant'51">Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the 53">Premises53">Premises, Building or 55">common areas55">Common Areas necessary to 57">Tenant'57">Tenant’s occupancy, and 59">if such damage is59">the Premises are not 61">occupied by Tenant as a result thereof, then during the 63">result63">time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the 65">negligence or willful misconduct65">Premises which is unfit for occupancy for the Permitted Use bears to the total rentable square feet of 67">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 67">the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 11, restore the 3">base, shell, and core of the Premises and such 5">common areas.5">Common Areas. Such restoration shall be to substantially the same condition of the 7">base, shell, and core of the Premises and 9">common areas9">the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or 11">by the holder of a mortgage on the Project and/or the Building, or the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the 13">common areas13">Common Areas deemed desirable by Landlord, 15">which are consistent with the character of the Project, provided17"> that access to19"> the Premises and any common restrooms serving the Premises shall not be materially impaired.21"> Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 23">common areas23">Common Areas necessary to Tenant's occupancy, and 25">if such damage is not the 27">result27">damaged portions of the 29">negligence or willful misconduct29">Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of 31">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 31">rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 11, restore the 3">base, shell, and core of the Premises and such 5">common areas.5">Common Areas. Such restoration shall be to substantially the same condition of the 7">base, shell, and core of the Premises and 9">common areas9">the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or 11">by the holder of a mortgage on the Project and/or the Building, or the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the 13">common areas13">Common Areas deemed desirable by Landlord, 15">which are consistent with the character of the Project, provided17"> that access to19"> the Premises and any common restrooms serving the Premises shall not be materially impaired.21"> Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 23">common areas23">Common Areas necessary to Tenant's occupancy, and 25">if such damage is not the 27">result27">damaged portions of the 29">negligence or willful misconduct29">Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of 31">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 31">rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond 3">Landlord'3">Landlords reasonable control, and subject to all other terms of this Article 11, restore 5">the base, shell,5">such Common Areas and7"> core of the Premises9"> and such common areas. Such restoration shall be to substantially the same condition 11">of the base, shell, and core of the Premises and common areas11">as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the 13">Project and/13">Building or 15">the Building, or the lessor of a ground or underlying lease with respect to the Building,15">Project or any other modifications to the 17">common areas17">Common Areas deemed desirable by Landlord, 19">which are consistent with the character of the Project, provided21"> that access to23"> the Premises and any common restrooms serving the Premises shall not be materially impaired. 25">Upon25">To the 27">occurrence of any damage27">extent permitted pursuant to 29">the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work.29">Applicable Laws, Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to 31">Tenant'31">Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 33">common areas33">Common Areas necessary to 35">Tenant'35">Tenant’s occupancy, and 37">if such damage is37">the Premises are not 39">occupied by Tenant as a result thereof, then during the 41">result41">time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the 43">negligence or willful misconduct43">Premises which is unfit for occupancy for the Permitted Use bears to the total rentable square feet of 45">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 45">the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond 3">Landlord'3">Landlords reasonable control, and subject to all other terms of this Article 11, restore 5">the base, shell,5">such Common Areas and7"> core of the Premises9"> and such common areas. Such restoration shall be to substantially the same condition 11">of the base, shell, and core of the Premises and common areas11">as existed prior to the casualty, except for modifications required by zoning and building codes and other laws or by the holder of a mortgage on the 13">Project and/13">Building or 15">the Building, or the lessor of a ground or underlying lease with respect to the Building,15">Project or any other modifications to the 17">common areas17">Common Areas deemed desirable by Landlord, 19">which are consistent with the character of the Project, provided21"> that access to23"> the Premises and any common restrooms serving the Premises shall not be materially impaired. 25">Upon25">To the 27">occurrence of any damage27">extent permitted pursuant to 29">the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work.29">Applicable Laws, Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to 31">Tenant'31">Tenant’s business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 33">common areas33">Common Areas necessary to 35">Tenant'35">Tenant’s occupancy, and 37">if such damage is37">the Premises are not 39">occupied by Tenant as a result thereof, then during the 41">result41">time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of rentable square feet of the 43">negligence or willful misconduct43">Premises which is unfit for occupancy for the Permitted Use bears to the total rentable square feet of 45">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 45">the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty,3"> Landlord shall notify Tenant within sixty (60) days after the date of the damage whether Landlord will restore the Premises and Common Areas and, in Landlord’s reasonable judgment, the time period within which the restoration can be completed. If Landlord elects to restore Premises and Common Areas, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 11, restore the 5">base, shell, and core of the Premises and such 7">common areas.7">Common Areas pursuant to plans and specifications reasonably approved by Tenant. Such restoration shall be to substantially the same condition of the 9">base, shell, and core of the Premises and 11">common areas11">the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or 13">by the holder of a mortgage on the Project and/or the Building, or the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the 15">common areas15">Common Areas deemed desirable by Landlord, 17">which are consistent with the character of the Project, provided19"> that access to the Premises and 21">any common restrooms21">the parking facilities serving the 23">Premises23">Project shall not be materially impaired. 25">Upon25">Landlord’s repair obligations shall include the 27">occurrence of any damage to the Premises, Tenant 29">shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant'29">Improvements and Tenant’s 31">insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations31">Alterations installed in the 33">Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work.33">Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 35">common areas35">Common Areas necessary to Tenant's occupancy, and 37">if such damage is not the 39">result39">damaged portions of the 41">negligence or willful misconduct41">Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of 43">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 43">rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 11, restore the 3">base, shell, and core of the Premises and such 5">common areas.5">Common Areas. Such restoration shall be to substantially the same condition of the 7">base, shell, and core of the Premises and 9">common areas9">the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or 11">by the holder of a mortgage on the Project and/or the Building, or the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the 13">common areas13">Common Areas deemed desirable by Landlord, 15">which are consistent with the character of the Project, provided17"> that access to19"> the Premises and any common restrooms serving the Premises shall not be materially impaired.21"> Upon the occurrence of any damage to the Premises, Tenant shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant's insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations installed in the Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 23">common areas23">Common Areas necessary to Tenant's occupancy, and 25">if such damage is not the 27">result27">damaged portions of the 29">negligence or willful misconduct29">Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of 31">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 31">rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises.

Repair of Damage to Premises by Landlord. Tenant shall promptly notify Landlord of any damage to the Premises resulting from fire or any other casualty. If the Premises or any 1">common areas of the Building or Project1">Common Areas serving or providing access to the Premises shall be damaged by fire or other casualty,3"> Landlord shall use reasonable efforts to notify Tenant within sixty (60) days after the date of discovery of the damage whether Landlord will restore the Premises and Common Areas and, in Landlord’s reasonable judgment, the time period within which the restoration can be completed. If Landlord elects to restore Premises and Common Areas, Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment or other matters beyond Landlord's reasonable control, and subject to all other terms of this Article 11, restore the 5">base, shell, and core of the Premises and such 7">common areas.7">Common Areas. Such restoration shall be to substantially the same condition of the 9">base, shell, and core of the Premises and 11">common areas11">the Common Areas prior to the casualty, except for modifications required by zoning and building codes and other laws or 13">by the holder of a mortgage on the Project and/or the Building, or the lessor of a ground or underlying lease with respect to the Building, or any other modifications to the 15">common areas15">Common Areas deemed desirable by Landlord, 17">which are consistent with the character of the Project, provided19"> that access to21"> the Premises and any common restrooms serving the Premises shall not be materially 23">impaired. Upon23">impaired and Landlord’s repair shall include the 25">occurrence of any damage to the Premises, Tenant 27">shall assign to Landlord (or to any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant'27">Improvements and Tenant’s 29">insurance required under [Section 10.3.2] of this Lease, and Landlord shall repair any damage to the tenant improvements and alterations29">Alterations installed in the 31">Premises and shall return such tenant improvements and alterations to their original condition; provided that if the costs of such repair of such tenant improvements and Alterations by Landlord exceeds the amount of insurance proceeds received by Landlord therefor from Tenant's insurance carrier, as assigned by Tenant, the excess costs of such repairs shall be paid by Tenant to Landlord prior to Landlord's repair of the damage. In connection with such repairs and replacements of any such tenant improvements and Alterations, Tenant shall, prior to Landlord's commencement of such improvement work, submit to Landlord, for Landlord's review and approval, all plans, specifications and working drawings relating thereto, and Landlord shall select the contractors to perform such improvement work.31">Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof; provided however, that if such fire or other casualty shall have damaged the Premises or 33">common areas33">Common Areas necessary to Tenant's occupancy, and 35">if such damage is not the 37">result37">damaged portions of the 39">negligence or willful misconduct39">Premises are not occupied by Tenant as a result thereof, then during the time and to the extent the Premises are unfit for occupancy, the Rent shall be abated in proportion to the ratio that the amount of 41">Tenant or Tenant's employees, contractors, licensees, or invitees, Landlord shall allow Tenant a 41">rentable square feet of the Premises which is unfit for occupancy for the purposes permitted under this Lease bears to the total rentable square feet of the Premises.

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