JURISDICTION OVER THE USE, STORAGE, RELEASE OR REMOVAL OF "HAZARDOUS
MATERIALS," AS THAT TERM IS SET FORTH IN SECTION 29.33 OF THIS LEASE, BELOW, IN,
ON OR ABOUT THE PREMISES (COLLECTIVELY, THE "HAZARDOUS MATERIALS CLEARANCES"),
WHICH HAZARDOUS MATERIALS CLEARANCES SHALL BE OBTAINED BY TENANT), AND SUBJECT
TO ALL OTHER TERMS OF THIS ARTICLE 11, RESTORE THE BUILDING STRUCTURE AND ALL
SUCH PORTIONS OF THE PROJECT EXISTING OUTSIDE OF THE BUILDING.
SUCH RESTORATION
SHALL BE TO SUBSTANTIALLY THE SAME CONDITION OF THE BUILDING STRUCTURE AND
EXTERIOR PROJECT COMPONENTS 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 EXTERIOR
PROJECT COMPONENTS DEEMED DESIRABLE BY LANDLORD, WHICH ARE CONSISTENT WITH THE
CHARACTER OF THE
33
PROJECT, 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, TENANT SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR ANY
INJURY OR DAMAGE TO THE BUILDING SYSTEMS, TENANT IMPROVEMENTS AND THE ORIGINAL
IMPROVEMENTS INSTALLED IN THE PREMISES AND SHALL RETURN SUCH BUILDING SYSTEMS,
TENANT IMPROVEMENTS AND ORIGINAL IMPROVEMENTS TO THE CONDITION EXISTING
IMMEDIATELY PRIOR TO SUCH CASUALTY (PROVIDED SUCH BUILDING SYSTEMS, TENANT
IMPROVEMENTS AND ORIGINAL IMPROVEMENTS WERE PROPERLY MAINTAINED PURSUANT TO THE
TCCS OF THIS LEASE PRIOR TO SUCH CASUALTY), EXCEPT FOR MODIFICATIONS REQUIRED BY
"APPLICABLE LAWS," AS THAT TERM IS SET FORTH IN ARTICLE 24 OF THIS LEASE.
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 TENANT SHALL SELECT THE CONTRACTORS, SUBJECT TO LANDLORD'S
REASONABLE APPROVAL, 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 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; PROVIDED FURTHER,
HOWEVER, THAT IF ANY HAZARDOUS MATERIALS CLEARANCES ARE REQUIRED TO BE OBTAINED
BY TENANT BEFORE SUCH RESTORATION CAN BEGIN, SUCH ABATEMENT OF RENT SHALL
CONTINUE FOR ONLY SO LONG AS TENANT, IN LANDLORD'S REASONABLE JUDGMENT,
DILIGENTLY PURSUES OBTAINING SUCH REQUIRED HAZARDOUS MATERIALS CLEARANCES.
TENANT'S RIGHT TO RENT ABATEMENT PURSUANT TO THE PRECEDING SENTENCE SHALL
TERMINATE AS OF THE DATE WHICH IS REASONABLY DETERMINED BY LANDLORD TO BE THE
DATE TENANT SHOULD HAVE COMPLETED REPAIRS TO THE PREMISES ASSUMING TENANT USED
REASONABLE DUE DILIGENCE