FEES OF ANY ARBITRATOR SELECTED BY IT IN ACCORDANCE WITH PROVISIONS
OF THIS SECTION, AND THE PARTIES SHALL SHARE ALL OTHER EXPENSES AND FEES OF ANY
SUCH ARBITRATION, PROVIDED THAT THE FOREGOING SHALL NOT
51
PROHIBIT THE ARBITRATORS FROM DETERMINING THAT THE PREVAILING PARTY SHALL BE
ENTITLED TO RECOVER ALL COSTS AND EXPENSES FROM THE NON-PREVAILING PARTY.
THE
ARBITRATORS SHALL BE BOUND BY THE PROVISIONS OF THIS LEASE, AND SHALL NOT ADD
TO, SUBTRACT FROM OR OTHERWISE MODIFY SUCH PROVISIONS.
(B)
IN NO EVENT SHALL TENANT HAVE THE RIGHT TO SEEK OR RECOVER FROM
LANDLORD ANY CONSEQUENTIAL DAMAGES ON ACCOUNT OF ANY CLAIM OR MATTER ARISING OUT
OF OR RELATING TO THIS LEASE OF THE PREMISES, AND TENANT HEREBY IRREVOCABLY
WAIVES ANY RIGHT WHICH IT MIGHT OTHERWISE HAVE TO SEEK OR RECEIVE ANY SUCH
CONSEQUENTIAL DAMAGES.
19.
DESTRUCTION.
19.1
LANDLORD'S REPAIR OBLIGATION.
(A)
IF THE PREMISES OR THE BUILDING
OR ANY PORTION THEREOF (WHETHER OR NOT THE PREMISES ARE AFFECTED) ARE DAMAGED BY
FIRE OR OTHER CASUALTY ("CASUALTY"), LANDLORD SHALL REPAIR THE SAME (INCLUDING
NON-SEVERABLE MATERIAL ALTERATIONS BUT NOT INCLUDING ANY TENANT'S PROPERTY OR
OTHER ALTERATIONS); PROVIDED THAT (I) SUCH REPAIRS CAN BE MADE UNDER THE LAWS
AND REGULATIONS OF THE FEDERAL, STATE AND LOCAL GOVERNMENTAL AUTHORITIES HAVING
JURISDICTION WITHIN TWELVE (12) MONTHS (PLUS ANY INCREMENTAL TIME AS MAY BE
REQUIRED TO RESTORE ANY NON-SEVERABLE MATERIAL ALTERATIONS) AFTER THE DATE OF
SUCH DAMAGE (OR IN THE CASE OF DAMAGE OCCURRING DURING THE LAST TWELVE
(12) MONTHS OF THE TERM, PROVIDED THAT SUCH REPAIRS CAN BE MADE WITHIN NINETY
(90) DAYS (PLUS ANY INCREMENTAL TIME AS MAY BE REQUIRED TO RESTORE ANY
NON-SEVERABLE MATERIAL ALTERATIONS) AFTER THE DATE OF SUCH DAMAGE), (II) SUCH
REPAIRS ARE FULLY COVERED (EXCEPT FOR ANY DEDUCTIBLE) BY THE PROCEEDS OF
INSURANCE MAINTAINED BY LANDLORD OR TENANT AND (III) THE DAMAGE DOES NOT AFFECT
MORE THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE BUILDING. THE REPAIRS
TO BE MADE BY LANDLORD UNDER THIS ARTICLE SHALL NOT INCLUDE, AND LANDLORD SHALL
NOT BE REQUIRED TO REPAIR, ANY CASUALTY DAMAGE TO TENANT'S PROPERTY OR ANY
ALTERATIONS (OTHER THAN NON-SEVERABLE MATERIAL ALTERATIONS).
(B)
IF ALL OR ANY PART OF THE PREMISES SHALL BE RENDERED UNTENANTABLE
BY REASON OF A CASUALTY, THE BASE RENT AND THE ADDITIONAL RENT SHALL BE ABATED
IN THE PROPORTION THAT THE UNTENANTABLE AREA OF THE PREMISES BEARS TO THE TOTAL
AREA OF THE PREMISES, FOR THE PERIOD FROM THE DATE OF THE CASUALTY TO THE
EARLIER OF (I) THE DATE THE PREMISES IS NO LONGER UNTENANTABLE (PROVIDED THAT,
IF THE PREMISES WOULD NO LONGER HAVE BEEN UNTENANTABLE AT AN EARLIER DATE BUT
FOR TENANT HAVING FAILED DILIGENTLY TO PROSECUTE REPAIRS OR RESTORATION REQUIRED
OF TENANT UNDER THIS LEASE, THEN THE PREMISES SHALL BE DEEMED TO NO LONGER BE
UNTENANTABLE ON SUCH EARLIER DATE AND THE ABATEMENT SHALL CEASE) OR (II) THE
DATE TENANT OR ANY SUBTENANT REOCCUPIES ANY UNTENANTABLE PORTION OF THE PREMISES
FOR THE ORDINARY CONDUCT OF BUSINESS (IN WHICH CASE THE