area that are equal to the class
of building of the Building at such time.
ARTICLE 12
DAMAGE BY CASUALTY
12.1
NOTICE.
Tenant shall give written notice to Landlord of any damage caused to the Demised
Premises by fire or other casualty within twenty-four (24) hours of the date on
which Tenant becomes aware of such event.
12.2
RESTORATION OF IMPROVEMENTS.
(A)
IN THE EVENT THE DEMISED PREMISES ARE
DAMAGED BY FIRE OR OTHER CASUALTY, LANDLORD SHALL, UNLESS THIS LEASE IS
TERMINATED AS HEREINAFTER PROVIDED, PROCEED WITH REASONABLE DILIGENCE AND AT ITS
SOLE COST AND EXPENSE TO REPAIR THE DEMISED PREMISES, INCLUDING THE INSURABLE
ITEMS OF LANDLORD'S WORK (BUT NOT INCLUDING, HOWEVER, ANY TENANT
29
IMPROVEMENTS, ALTERATIONS OR ADDITIONS MADE AFTER THE INITIAL IMPROVEMENTS MADE
PURSUANT TO LANDLORD'S WORK OR TRADE FIXTURES, MOVEABLE OFFICE FURNITURE AND
MOVABLE EQUIPMENT WHICH TENANT IS ENTITLED TO REMOVE AT THE EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE), AND THEN ONLY TO THE EXTENT OF AVAILABLE
INSURANCE PROCEEDS RECEIVED.
TENANT SHALL PROMPTLY, AT ITS SOLE COST AND
EXPENSE, REMOVE SUCH OF ITS FURNITURE AND OTHER BELONGINGS FROM THE DEMISED
PREMISES AS LANDLORD SHALL REQUIRE IN ORDER TO REPAIR AND RESTORE THE DEMISED
PREMISES.
UNTIL ANY SUCH REPAIRS TO THE DEMISED PREMISES ARE COMPLETED, THE
FIXED RENT AND ADDITIONAL RENT SHALL BE ABATED IN PROPORTION TO THE PART OF THE
DEMISED PREMISES, IF ANY, THAT IS UNUSABLE BY TENANT IN THE CONDUCT OF ITS
BUSINESS.
IF THE FIRE OR OTHER CASUALTY IS DUE TO THE GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES,
THERE SHALL BE NO ABATEMENT OF FIXED RENT OR ADDITIONAL RENT.
(B)
IF (1) THE DEMISED PREMISES SHALL BE
(I) TOTALLY DESTROYED OR SUBSTANTIALLY DAMAGED, OR (II) PARTIALLY DESTROYED OR
DAMAGED BY A CASUALTY NOT SUFFICIENTLY, IN LANDLORD'S REASONABLE JUDGMENT,
COVERED BY INSURANCE OR, EVEN IF COVERED BY INSURANCE, WHICH, IN LANDLORD'S
REASONABLE JUDGMENT, CANNOT BE RESTORED TO TENANTABLE CONDITION WITHIN 180 DAYS
AFTER THE CASUALTY, OR (2) THE BUILDING SHALL BE DESTROYED TO THE EXTENT OF
ONE-QUARTER OR MORE OF ITS THEN VALUE OR SO DAMAGED THAT, IN LANDLORD'S
REASONABLE JUDGMENT, SUBSTANTIAL ALTERATION, DEMOLITION OR RECONSTRUCTION OF THE
BUILDING SHALL BE REQUIRED, WHETHER OR NOT COVERED BY LANDLORD'S INSURANCE, THEN
IN EITHER SUCH EVENT LANDLORD MAY ELECT TO PROCEED TO REBUILD AND REPAIR THE
DEMISED PREMISES OR TO TERMINATE THIS LEASE, EFFECTIVE UPON GIVING NOTICE OF
SUCH ELECTION TO TENANT WITHIN 30 DAYS AFTER THE OCCURRENCE OF SUCH CASUALTY.
LANDLORD'S OBLIGATION TO REBUILD AND REPAIR UNDER THIS SECTION SHALL IN ANY
EVENT BE LIMITED TO RESTORING THE BUILDING AND THE DEMISED PREMISES TO
SUBSTANTIALLY THE CONDITION IN WHICH THEY EXISTED PRIOR TO THE CASUALTY (IN NO
EVENT SHALL LANDLORD BE REQUIRED TO REPAIR ANY OF TENANT'S LEASEHOLD
IMPROVEMENTS, FIXTURES, EQUIPMENT, FURNITURE, FURNISHINGS AND PERSONAL PROPERTY
OR ANY IMPROVEMENTS, FIXTURES, EQUIPMENT, FURNITURE, FURNISHING AND PERSONAL
PROPERTY OF ANY THIRD PARTY PROVIDER OF TENANT, SUCH AS TENANT'S
TELECOMMUNICATIONS PROVIDER) AND THEN ONLY TO THE EXTENT THAT INSURANCE PROCEEDS