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 BUILDING AND SUCH COMMON AREAS.
SUCH
RESTORATION SHALL BE TO SUBSTANTIALLY THE SAME CONDITION OF THE BASE BUILDING
AND THE 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
BUILDING OR PROJECT OR ANY OTHER MODIFICATIONS TO THE COMMON AREAS DEEMED
DESIRABLE BY LANDLORD, WHICH ARE CONSISTENT WITH THE CHARACTER OF THE PROJECT
AND WHICH ARE REASONABLY APPROVED BY TENANT, PROVIDED 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, 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 10.3 OF THIS LEASE,
AND LANDLORD SHALL REPAIR ANY INJURY OR DAMAGE TO THE IMPROVEMENTS, ORIGINAL
IMPROVEMENTS, AND ANY ALTERATIONS INSTALLED IN THE PREMISES AND SHALL RETURN
SUCH IMPROVEMENTS AND ANY ALTERATIONS TO THEIR ORIGINAL CONDITION; PROVIDED THAT
IF THE COST OF SUCH REPAIR BY LANDLORD EXCEEDS THE AMOUNT OF INSURANCE PROCEEDS
RECEIVED BY LANDLORD FROM TENANT'S INSURANCE CARRIER, AS ASSIGNED BY TENANT, THE
COST OF SUCH REPAIRS SHALL BE PAID BY TENANT TO LANDLORD PRIOR TO LANDLORD'S
COMMENCEMENT OF REPAIR OF THE DAMAGE.
IN THE EVENT THAT LANDLORD DOES NOT
DELIVER THE LANDLORD REPAIR NOTICE WITHIN SIXTY (60) DAYS FOLLOWING THE DATE THE
CASUALTY BECOMES KNOWN TO LANDLORD, TENANT SHALL, AT ITS SOLE COST AND EXPENSE,
REPAIR ANY INJURY OR DAMAGE TO THE IMPROVEMENTS AND ALTERATIONS INSTALLED IN THE
PREMISES AND SHALL RETURN SUCH IMPROVEMENTS AND ORIGINAL IMPROVEMENTS TO THEIR
ORIGINAL CONDITION.
WHETHER OR NOT LANDLORD DELIVERS A LANDLORD REPAIR NOTICE,
PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, TENANT SHALL 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 SUBJECT TO TENANT'S REASONABLE APPROVAL.
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 THE
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 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.
IN THE EVENT
THAT LANDLORD SHALL NOT DELIVER THE LANDLORD REPAIR NOTICE, TENANT'S RIGHT TO
RENT ABATEMENT PURSUANT TO THE PRECEDING SENTENCE SHALL TERMINATE