THE GIVING OF SUCH WRITTEN NOTICE BY LANDLORD, LANDLORD SHALL HAVE THE
RIGHT TO REMOVE AND STORE SUCH TENANT'S PROPERTY AT TENANT'S SOLE COST AND
EXPENSE AND WITH NO LIABILITY TO LANDLORD. TENANT SHALL BE SOLELY RESPONSIBLE
FOR ARRANGING FOR ANY VISITS TO THE PREMISES BY TENANT'S INSURANCE ADJUSTER THAT
MAY BE DESIRED BY TENANT PRIOR TO THE PERFORMANCE BY LANDLORD OR TENANT OF
TENANT'S PROPERTY REMOVAL OBLIGATION OR THE PERFORMANCE BY LANDLORD OF
LANDLORD'S RESTORATION WORK OR THE SPECIFIED RESTORATION WORK AND LANDLORD SHALL
BE UNDER NO OBLIGATION TO DELAY THE PERFORMANCE OF SAME, NOR SHALL LANDLORD HAVE
ANY LIABILITY TO TENANT, IN THE EVENT THAT TENANT FAILS TO DO SO.
19.02
SUBJECT TO THE PROVISIONS OF SECTION 19.05 HEREOF, IF
ALL OR PART OF THE PREMISES SHALL BE DAMAGED OR DESTROYED OR RENDERED COMPLETELY
OR PARTIALLY UNTENANTABLE ON ACCOUNT OF FIRE OR OTHER CASUALTY, THE FIXED RENT
AND THE ADDITIONAL CHARGES UNDER ARTICLE 3 HEREOF 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 DAMAGE OR DESTRUCTION TO
(I) THE DATE THAT IS ONE HUNDRED FIFTY (150) DAYS AFTER THE DATE THAT THE DAMAGE
TO THE CORE AND SHELL OF THE PREMISES (EXCLUSIVE OF TENANT'S IMPROVEMENTS AND
BETTERMENTS AND TENANT'S PROPERTY) SHALL BE SUBSTANTIALLY REPAIRED BY LANDLORD
(PROVIDED, HOWEVER, THAT IF IN LANDLORD'S REASONABLE JUDGMENT BASED UPON THE
ESTIMATE OF LANDLORD'S INDEPENDENT CONTRACTORS SUCH REPAIRS WOULD HAVE BEEN
SUBSTANTIALLY COMPLETED AT AN EARLIER DATE BUT FOR TENANT'S HAVING FAILED TO
REASONABLY COOPERATE WITH LANDLORD IN EFFECTING SUCH REPAIR, THEN THE CORE AND
SHELL OF THE PREMISES SHALL BE DEEMED TO HAVE BEEN REPAIRED SUBSTANTIALLY ON
SUCH EARLIER DATE AND THE PERIOD OF ANY REDUCTION OR ABATEMENT SHALL BE REDUCED
ACCORDINGLY) OR (II) IF THE BUILDING AND NOT THE PREMISES IS SO DAMAGED OR
DESTROYED, THE DATE ON WHICH THE PREMISES SHALL BE MADE TENANTABLE; PROVIDED,
HOWEVER, SHOULD TENANT OR ANY OF ITS SUBTENANTS REOCCUPY A PORTION OF THE
PREMISES DURING THE PERIOD THE REPAIR WORK IS TAKING PLACE AND PRIOR TO THE DATE
THAT THE PREMISES ARE SUBSTANTIALLY REPAIRED OR MADE TENANTABLE FOR THE CONDUCT
OF ITS OR THEIR BUSINESS (WHICH SHALL NOT INCLUDE ENTRY UPON AND OCCUPANCY OF
THE PREMISES WITH THE PRIOR WRITTEN CONSENT OF LANDLORD FOR THE PURPOSE OF
PERFORMING RESTORATION AND/OR REPAIR TO TENANT'S PROPERTY, IMPROVEMENTS AND
FINISH WORK), THE FIXED RENT AND THE ADDITIONAL CHARGES ALLOCABLE TO SUCH
REOCCUPIED PORTION, BASED UPON THE PROPORTION WHICH THE AREA OF THE REOCCUPIED
PORTION OF THE PREMISES BEARS TO THE TOTAL AREA OF THE PREMISES, SHALL BE
PAYABLE BY TENANT FROM THE DATE OF SUCH OCCUPANCY.
19.03
(A)
IF THE BUILDING
SHALL BE TOTALLY DAMAGED OR DESTROYED BY FIRE OR OTHER CASUALTY, OR IF THE
BUILDING SHALL BE SO DAMAGED OR DESTROYED BY FIRE OR OTHER CASUALTY (WHETHER OR
NOT THE PREMISES ARE DAMAGED OR DESTROYED) THAT ITS REPAIR OR RESTORATION
REQUIRES MORE THAN TWELVE (12)