AND
SOLELY RESPONSIBLE FOR THE AMOUNT OF ANY DEDUCTIBLE AND SHALL, UPON ANY
INSURABLE LOSS, PAY OVER THE AMOUNT OF SUCH DEDUCTIBLE TO LANDLORD AT THE TIME
AND IN THE MANNER HEREIN PROVIDED FOR PAYMENT OF THE APPLICABLE PROCEEDS TO
LANDLORD.
10.2.4
DISBURSEMENT OF PROCEEDS.
IN THE EVENT TENANT IS REQUIRED TO RESTORE
ANY PROPERTY PURSUANT TO SECTION 10.2 AND THIS AGREEMENT IS NOT TERMINATED AS TO
SUCH PROPERTY PURSUANT TO THIS ARTICLE 10, TENANT SHALL COMMENCE (OR CAUSE TO BE
COMMENCED) PROMPTLY AND CONTINUE DILIGENTLY TO PERFORM (OR CAUSE TO BE
PERFORMED) THE REPAIR AND RESTORATION OF SUCH PROPERTY (HEREINAFTER CALLED THE
"WORK"), SO AS TO RESTORE (OR CAUSE TO BE RESTORED) THE APPLICABLE PROPERTY IN
MATERIAL COMPLIANCE WITH ALL LEGAL REQUIREMENTS AND SO THAT SUCH PROPERTY SHALL
BE, TO THE EXTENT PRACTICABLE, SUBSTANTIALLY EQUIVALENT IN VALUE AND GENERAL
UTILITY TO ITS GENERAL UTILITY AND VALUE IMMEDIATELY PRIOR TO SUCH DAMAGE OR
DESTRUCTION.
SUBJECT TO THE TERMS HEREOF, LANDLORD SHALL ADVANCE THE INSURANCE
PROCEEDS AND ANY ADDITIONAL AMOUNTS PAYABLE BY LANDLORD PURSUANT TO SECTION
10.2.3 OR OTHERWISE DEPOSITED WITH LANDLORD TO TENANT REGULARLY DURING THE
REPAIR AND RESTORATION PERIOD SO AS TO PERMIT PAYMENT FOR THE COST OF ANY SUCH
RESTORATION AND REPAIR.
ANY SUCH ADVANCES SHALL BE MADE NOT MORE OFTEN THAN
MONTHLY WITHIN TEN (10) BUSINESS DAYS AFTER TENANT SUBMITS TO LANDLORD A WRITTEN
REQUISITION AND SUBSTANTIATION THEREFOR ON AIA FORMS G702 AND G703 (OR ON SUCH
OTHER FORM OR FORMS AS MAY BE REASONABLY ACCEPTABLE TO LANDLORD).
LANDLORD MAY,
AT ITS OPTION, CONDITION ADVANCEMENT OF SUCH INSURANCE PROCEEDS AND OTHER
AMOUNTS ON (I) ITS APPROVAL OF PLANS AND SPECIFICATIONS OF AN ARCHITECT
SATISFACTORY TO LANDLORD (WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
DELAYED OR CONDITIONED), (II) GENERAL CONTRACTORS' ESTIMATES, (III) ARCHITECT'S
CERTIFICATES, (IV) CONDITIONAL LIEN WAIVERS OF GENERAL CONTRACTORS, IF
AVAILABLE, (V) EVIDENCE OF APPROVAL BY ALL GOVERNMENTAL AUTHORITIES AND OTHER
REGULATORY BODIES WHOSE APPROVAL IS REQUIRED, (VI) IF
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TENANT HAS ELECTED TO ADVANCE DEFICIENCY FUNDS PURSUANT TO SECTION 10.2.3,
TENANT DEPOSITING THE AMOUNT THEREOF WITH LANDLORD AND (VII) SUCH OTHER
CERTIFICATES AS LANDLORD MAY, FROM TIME TO TIME, REASONABLY REQUIRE.
Landlord's obligation to disburse insurance proceeds under this Article 10 shall
be subject to the release of such proceeds by any Property Mortgagee to
Landlord.
Tenant's obligation to restore the applicable Property pursuant to this Article
10 shall be subject to the release of available insurance proceeds by the
applicable Property Mortgagee to Landlord or directly to Tenant and, in the
event such proceeds are insufficient, Landlord electing to make such deficiency
available therefor (and disbursement of such deficiency).
10.3
DAMAGE NEAR END OF TERM.
NOTWITHSTANDING ANY PROVISIONS OF SECTION 10.1
OR 10.2 TO THE CONTRARY, IF DAMAGE TO OR DESTRUCTION OF ANY PROPERTY OCCURS
DURING THE LAST TWELVE (12) MONTHS OF THE TERM AND IF SUCH DAMAGE OR DESTRUCTION
CANNOT REASONABLY BE EXPECTED TO BE FULLY REPAIRED AND RESTORED PRIOR TO THE
DATE THAT IS SIX (6) MONTHS PRIOR TO THE END