SHALL NOT BE
REQUIRED TO DO SO, AS PROVIDED IN, AND SUBJECT TO, SECTION 11.1 ABOVE, AND IN
EXERCISING ANY SUCH RIGHT, MAY EMPLOY COUNSEL AND PAY NECESSARY AND INCIDENTAL
COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES.
ALL REASONABLE SUMS
SO PAID BY LANDLORD, AND ALL REASONABLE AND NECESSARY COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, IN CONNECTION WITH THE PERFORMANCE OF ANY
SUCH ACT BY LANDLORD, TOGETHER WITH INTEREST THEREON AT THE MAXIMUM RATE OF
INTEREST FROM THE DATE OF MAKING SUCH EXPENDITURE BY
31
LANDLORD, SHALL BE DEEMED ADDITIONAL RENT HEREUNDER AND, EXCEPT AS IS OTHERWISE
EXPRESSLY PROVIDED HEREIN, SHALL BE PAYABLE TO LANDLORD WITHIN TEN (10) DAYS
AFTER WRITTEN DEMAND, AND TENANT COVENANTS TO PAY ANY SUCH SUM OR SUMS, WITH
INTEREST AS AFORESAID, AND LANDLORD SHALL HAVE, IN ADDITION TO ANY OTHER RIGHT
OR REMEDY OF LANDLORD, THE SAME RIGHTS AND REMEDIES IN THE EVENT OF NONPAYMENT
THEREOF BY TENANT AS IN THE CASE OF DEFAULT BY TENANT IN THE PAYMENT OF MONTHLY
BASE RENT.
LANDLORD SHALL NOT BE LIMITED IN THE PROOF OF ANY DAMAGES WHICH
LANDLORD MAY CLAIM AGAINST TENANT ARISING OUT OF OR BY REASON OF TENANT'S
FAILURE TO PROVIDE AND KEEP IN FORCE INSURANCE AS AFORESAID, TO THE AMOUNT OF
THE INSURANCE PREMIUM OR PREMIUMS NOT PAID OR NOT INCURRED BY TENANT, AND WHICH
WOULD HAVE BEEN PAYABLE UPON SUCH INSURANCE, BUT LANDLORD SHALL ALSO BE ENTITLED
TO RECOVER AS DAMAGES FOR SUCH BREACH THE UNINSURED AMOUNT OF ANY LOSS (TO THE
EXTENT OF ANY DEFICIENCY BETWEEN THE DOLLAR LIMITS OF INSURANCE REQUIRED BY THE
PROVISIONS OF THIS LEASE AND THE DOLLAR LIMITS OF THE INSURANCE ACTUALLY CARRIED
BY TENANT) AND REASONABLE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS'
FEES, SUFFERED OR INCURRED BY REASON THEREOF OCCURRING DURING ANY PERIOD WHEN
TENANT SHALL HAVE FAILED OR NEGLECTED TO PROVIDE INSURANCE AS AFORESAID.
ARTICLE XIII
DESTRUCTION AND RESTORATION
13.1
REPAIR OF DAMAGE TO DEMISED PREMISES BY
LANDLORD.
TENANT SHALL PROMPTLY NOTIFY LANDLORD OF ANY DAMAGE TO THE DEMISED
PREMISES OR OTHER PORTION OF THE PROJECT RESULTING FROM FIRE OR ANY OTHER
CASUALTY.
IF DEMISED PREMISES OR ANY COMMON AREAS SERVING OR PROVIDING ACCESS
TO THE DEMISED 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 XIII, RESTORE THE SHELL AND CORE IMPROVEMENTS OF
THE SOUTHERN BUILDING, THE IMPROVEMENTS AND SUCH COMMON AREAS AND SUCH
RESTORATION SHALL BE TO SUBSTANTIALLY THE SAME CONDITION OF THE SHELL AND CORE
IMPROVEMENTS, THE IMPROVEMENTS AND THE COMMON AREAS PRIOR TO THE CASUALTY AND
SUBSTANTIALLY IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS, EXCEPT FOR
MODIFICATIONS REQUIRED BY ZONING AND BUILDING CODES AND OTHER LAWS OR BY THE
HOLDER OF A MORTGAGE ON SUCH THE BUILDINGS OR PROJECT. LANDLORD SHALL NOT BE
LIABLE FOR ANY INCONVENIENCE OR ANNOYANCE TO TENANT OR ITS VISITORS, OR INJURY
TO TENANT'S BUSINESS RESULTING IN ANY