DELAYS AND COMMERCIALLY REASONABLE STANDARDS) REPAIR, ALTER,
RESTORE, REPLACE AND REBUILD (COLLECTIVELY, "RESTORE") THE COMMON ELEMENTS, AS
NEARLY AS POSSIBLE TO THE CONDITION, QUALITY AND CLASS OF THE COMMON ELEMENTS
EXISTING IMMEDIATELY PRIOR TO SUCH OCCURRENCE (USING MATERIALS, EQUIPMENT AND
CONSTRUCTION TECHNIQUES WHICH ARE COMMON AT THE TIME OF THE DAMAGE OR
DESTRUCTION), WITH SUCH ALTERATIONS AS TENANT (OR THE CONDOMINIUM ASSOCIATION),
WITH THE CONSENT OF LANDLORD IN ACCORDANCE WITH THE STANDARDS OF REVIEW SET
FORTH IN ARTICLE IX HEREOF, SHALL ELECT TO MAKE, PROVIDED THAT AFTER
95
RESTORATION, THE COMMON ELEMENTS IS IN SUBSTANTIAL CONFORMITY WITH THE
APPLICABLE FINAL PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH THE DUO.
EACH
RESTORATION SHALL BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE XI AND THE PROVISIONS OF ARTICLE IX HEREOF AS IF SUCH RESTORATION WERE
AN "ALTERATION" THEREUNDER.
IN ANY CASE WHERE THIS LEASE SHALL EXPIRE OR BE
TERMINATED PRIOR TO THE COMPLETION OF A RESTORATION OTHER THAN IN CONNECTION
WITH THE EXERCISE OF THE PURCHASE OPTION, TENANT SHALL ACCOUNT TO LANDLORD FOR
ALL AMOUNTS SPENT IN CONNECTION WITH ANY RESTORATION WHICH WAS UNDERTAKEN AND
SHALL PAY OVER TO LANDLORD, WITHIN TEN (10) DAYS AFTER DEMAND, THE REMAINDER, IF
ANY, OF THE RESTORATION FUNDS PREVIOUSLY RECEIVED BY IT.
NOTWITHSTANDING THE
FOREGOING, IF A CASUALTY OCCURS DURING THE LAST THREE (3) YEARS OF THE TERM OF
THIS LEASE AND THE RESTORATION IS ESTIMATED PURSUANT TO SECTION 10.1(D) HEREOF
TO REQUIRE SIX (6) MONTHS OR LONGER AFTER RECEIPT OF THE INSURANCE PROCEEDS TO
COMPLETE, TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE BY GIVING NOTICE
TO LANDLORD TO SUCH EFFECT NO LATER THAN NINETY (90) DAYS AFTER THE OCCURRENCE
OF SUCH FIRE OR OTHER CASUALTY.
IN THE EVENT TENANT GIVES SUCH NOTICE, THIS
LEASE SHALL BE DEEMED CANCELLED AND TERMINATED AS OF THE DATE OF THE GIVING OF
SUCH NOTICE AS IF SUCH DATE WERE THE SCHEDULED EXPIRATION DATE, AND NEITHER
PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER EXCEPT SUCH RIGHTS
AND OBLIGATIONS WHICH BY THEIR EXPRESS TERMS SURVIVE THE TERMINATION OF THIS
LEASE.
(B)
NON-CONFORMING RESTORATION.
IF TENANT PROPOSES A RESTORATION WHICH
DOES NOT CONFORM TO THE CONDITION, QUALITY OR CLASS OF THE COMMON ELEMENTS AS
THEY EXISTED IMMEDIATELY PRIOR TO THE DAMAGE OR DESTRUCTION AND SUCH
NON-CONFORMITY WOULD AFFECT ANY ELEMENT OF THE DUO (I.E., IF THE RESTORATION
WOULD RESULT IN ANY ELEMENT OF THE DEMISED PREMISES OR THE COMMON ELEMENTS
SUBJECT TO THE REQUIREMENTS OF THE DUO NOT BEING IN SUBSTANTIALLY THE SAME
CONDITION AFTER THE RESTORATION AS IT WAS IMMEDIATELY PRIOR TO THE CASUALTY) OR
AFFECTS A STRUCTURAL COMPONENT (OTHER THAN BY HAVING A NONADVERSE STRUCTURAL
EFFECT), TENANT SHALL GIVE LANDLORD NOTICE OF SUCH PROPOSED NONCONFORMITY, AND
LANDLORD SHALL REVIEW AND APPROVE OR DISAPPROVE SUCH ALTERATION IN ACCORDANCE
WITH (I) THE STANDARD OF REVIEW AND TIME PERIODS APPLICABLE TO A MAJOR
ALTERATION UNDER SECTION 9.5(A) HEREOF AND (II) THE APPLICABLE PORTIONS OF THE
DUO.
IF LANDLORD DISAPPROVES SUCH ALTERATION, LANDLORD'S NOTICE OF DISAPPROVAL
SHALL