THE COST OF SUCH
COMPLETION, AND (VI) IN THE CASE OF THE FINAL REQUEST FOR PAYMENT BY THE
CONDOMINIUM ASSOCIATION THE RESTORATION
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SHALL HAVE BEEN COMPLETED, SUBSTANTIALLY AND IN ALL MATERIAL RESPECTS, IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE IX HEREOF THAT ARE APPLICABLE TO SUCH
RESTORATION;
(B)
THERE SHALL BE FURNISHED TO LANDLORD AN OFFICIAL SEARCH, OR A
CERTIFICATE OF A TITLE INSURANCE COMPANY REASONABLY SATISFACTORY TO LANDLORD, OR
OTHER EVIDENCE REASONABLY SATISFACTORY TO LANDLORD, SHOWING THAT THERE HAS NOT
BEEN FILED ANY (I) VENDOR'S, MECHANIC'S, LABORER'S OR MATERIALMAN'S STATUTORY OR
OTHER SIMILAR LIEN AFFECTING THE COMMON ELEMENTS OR ANY PART THEREOF, OR ANY
PUBLIC IMPROVEMENT LIEN WITH RESPECT TO THE COMMON ELEMENTS OR THE RESTORATION
CREATED OR PERMITTED TO BE CREATED BY TENANT OR THE CONDOMINIUM ASSOCIATION, AS
THE CASE MAY BE, AFFECTING LANDLORD, OR THE ASSETS OF LANDLORD WHICH HAVE NOT
BEEN SATISFIED OR DISCHARGED OF RECORD (BY BONDING OR OTHERWISE) WITHIN
FORTY-FIVE (45) DAYS AFTER THE FILING OF THE LIEN EXCEPT SUCH AS WILL BE
DISCHARGED UPON PAYMENT OF THE REQUISITE AMOUNT OUT OF THE SUM THEN REQUESTED TO
BE WITHDRAWN, AND (II) OTHER LIENS OR ENCUMBRANCES AGAINST THE PROPERTY OTHER
THAN PERMITTED ENCUMBRANCES; AND
(C)
TENANT OR THE CONDOMINIUM ASSOCIATION, AS THE CASE MAY BE, SHALL
HAVE DELIVERED TO LANDLORD AND TO DEPOSITARY WAIVERS OF MECHANIC'S LIENS WITH
RESPECT TO ALL OF THE RESTORATION, COMPLETED PRIOR TO THE DATE OF THE PAYMENT
APPLICATION, ON FORMS REASONABLY SATISFACTORY TO LANDLORD.
SECTION 11.4
SECTION 227 OF REAL PROPERTY LAW.
THE
PROVISIONS OF THIS ARTICLE XI SHALL BE DEEMED AN EXPRESS AGREEMENT GOVERNING ANY
CASE OF DAMAGE OR DESTRUCTION OF THE DEMISED PREMISES AND/OR THE COMMON ELEMENTS
BY FIRE OR OTHER CASUALTY, AND SECTION 227 OF THE REAL PROPERTY LAW OF THE STATE
OF NEW YORK, PROVIDING FOR SUCH A CONTINGENCY IN THE ABSENCE OF AN EXPRESS
AGREEMENT, AND ANY OTHER LAWS OF LIKE IMPORT, NOW OR HEREAFTER IN FORCE, SHALL
HAVE NO APPLICATION IN SUCH CASE AND ARE HEREBY WAIVED BY THE PARTIES HERETO.
SECTION 11.5
ADDITIONAL REQUIREMENTS FOR
RESTORATION.
THE APPLICABLE PROVISIONS OF ARTICLE IX HEREOF SHALL BE APPLICABLE
TO ANY RESTORATION AS IF THE SAME WERE AN ALTERATION UNDER SUCH ARTICLE.
SECTION 11.6
EFFECT OF CASUALTY ON THIS LEASE.
THIS
LEASE SHALL NEITHER TERMINATE, BE FORFEITED NOR BE AFFECTED IN ANY MANNER, NOR
SHALL THERE BE A REDUCTION OR ABATEMENT OF CHARGES BY REASON OF DAMAGE TO, OR
TOTAL, SUBSTANTIAL OR PARTIAL DESTRUCTION OF, THE IMPROVEMENTS, OR BY REASON OF
THE UNTENANTABILITY OF THE IMPROVEMENTS OR ANY PART THEREOF, NOR FOR ANY REASON
OR CAUSE WHATSOEVER, EXCEPT PURSUANT TO THE EXPRESS PROVISIONS OF THIS LEASE.
EXCEPT AS SO PROVIDED, TENANT'S OBLIGATIONS HEREUNDER, INCLUDING THE PAYMENT OF
CHARGES, SHALL CONTINUE AS THOUGH THE IMPROVEMENTS HAD NOT BEEN DAMAGED OR
DESTROYED AND SHALL CONTINUE WITHOUT ABATEMENT, SUSPENSION, DIMINUTION OR
REDUCTION WHATSOEVER.
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ARTICLE XII
CONDEMNATION
SECTION 12.1
CONDEMNATION.
(A)
SUBSTANTIAL TAKING.
IF, AT ANY TIME DURING THE TERM OF THIS LEASE,
THE WHOLE OR