OPERATION OF THE
BUILDING.
SUCH INSURANCE SHALL BE IN SUCH AMOUNTS AND WITH SUCH DEDUCTIBLES AS
LANDLORD REASONABLY DEEMS APPROPRIATE.
LANDLORD MAY, BUT SHALL NOT BE OBLIGATED
TO, OBTAIN AND CARRY ANY OTHER FORM OR FORMS OF INSURANCE AS IT OR LANDLORD'S
MORTGAGEES OR DEED OF TRUST BENEFICIARIES MAY DETERMINE ADVISABLE.
NOTWITHSTANDING ANY CONTRIBUTION BY TENANT TO THE COST OF INSURANCE PREMIUMS AS
PROVIDED IN THIS LEASE. TENANT ACKNOWLEDGES THAT IT HAS NO RIGHT TO RECEIVE ANY
PROCEEDS FROM ANY INSURANCE POLICIES MAINTAINED BY LANDLORD AND WILL NOT BE
NAMED AS AN ADDITIONAL INSURED THEREUNDER.
ARTICLE 11
DAMAGE AND DESTRUCTION
11.1
REPAIR OF DAMAGE TO PREMISES BY LANDLORD.
TENANT SHALL PROMPTLY
NOTIFY LANDLORD OF ANY DAMAGE TO THE PREMISES RESULTING FROM FIRE OR ANY OTHER
CASUALTY OR ANY CONDITION EXISTING IN THE PREMISES AS A RESULT OF A FIRE OR
OTHER CASUALTY THAT WOULD GIVE RISE TO THE TERMS OF THIS ARTICLE 11.
IF THE
PREMISES OR ANY COMMON AREAS OF THE BUILDING COMPLEX SERVING OR PROVIDING ACCESS
TO THE PREMISES SHALL BE DAMAGED BY FIRE
16
OR OTHER CASUALTY OR BE SUBJECT TO A CONDITION EXISTING AS A RESULT OF A 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 11, RESTORE THE BASE,
SHELL, AND CORE OF THE PREMISES AND SUCH COMMON AREAS TO SUBSTANTIALLY THE SAME
CONDITION AS EXISTED 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 COMPLEX (OR ANY PORTION THEREOF) OR ANY OTHER MODIFICATIONS TO THE
COMMON AREAS DEEMED DESIRABLE BY LANDLORD, PROVIDED THAT ACCESS TO THE PREMISES
AND ANY COMMON RESTROOMS SERVING THE PREMISES SHALL NOT BE MATERIALLY IMPAIRED.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS LEASE, UPON THE OCCURRENCE OF ANY
DAMAGE TO THE PREMISES, TENANT SHALL ASSIGN TO LANDLORD (OR TO ANY PARTY
DESIGNATED BY LANDLORD) ALL INSURANCE PROCEEDS PAYABLE TO TENANT UNDER TENANT'S
INSURANCE REQUIRED UNDER SECTIONS 10.3.2(II) AND 10.3.2(III) OF THIS LEASE, AND
LANDLORD SHALL REPAIR ANY INJURY OR DAMAGE TO THE TENANT IMPROVEMENTS AND
ALTERATIONS INSTALLED IN THE PREMISES AND SHALL RETURN SUCH TENANT IMPROVEMENTS
AND 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 REPAIR OF THE DAMAGE.
IN CONNECTION WITH SUCH REPAIRS AND REPLACEMENTS, TENANT SHALL, PRIOR TO THE
COMMENCEMENT OF CONSTRUCTION, 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.
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