CONSTRUCTION OR
OTHER LIENS, AND IN ACCORDANCE WITH THE BUILDING CODES AND ALL APPLICABLE LAWS,
ORDINANCES, RULES, REGULATIONS, OR ORDERS OF ANY STATE, MUNICIPAL, OR OTHER
PUBLIC AUTHORITY AFFECTING OR WITH JURISDICTION OVER THE LEASED PROPERTY AND
SUCH REPAIRS OR REBUILDING, AND ALSO IN ACCORDANCE WITH ALL REQUIREMENTS OF THE
INSURANCE RATING ORGANIZATION, OR SIMILAR BODY, AFFECTING THE LEASED PROPERTY.
ANY REMAINING PROCEEDS OF INSURANCE AFTER SUCH RESTORATION WILL BE TENANT'S
PROPERTY.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION 11.01, IN
THE CASE OF DAMAGE TO OR DESTRUCTION OF THE LEASED
34
PROPERTY THAT OCCURS PRIOR TO THE OCCURRENCE OF SUBSTANTIAL COMPLETION (AS
DEFINED IN THE DEVELOPMENT AGREEMENT), (I) THE ENTIRE AMOUNT OF NET AVAILABLE
INSURANCE PROCEEDS SHALL BE DEPOSITED IN THE LOSS PROCEEDS ACCOUNT (OR HELD FOR
DEPOSIT THEREIN IN THE EVENT THE LOSS PROCEEDS ACCOUNT HAS NOT YET BEEN
ESTABLISHED), (II) THE REPAIRS AND RENOVATIONS TO BE CONDUCTED AS A RESULT OF
SUCH DAMAGE OR DESTRUCTION AND THE TIMELINE THEREFOR SHALL BE DEEMED A
SUPPLEMENT TO, AND A PART OF, THE DEVELOPMENT PLAN, AND EACH COST IN RESPECT
THEREOF SHALL BE DEEMED A PROJECT COST AND (III) TENANT SHALL BE ENTITLED TO USE
FUNDS DEPOSITED IN THE LOSS PROCEEDS ACCOUNT IN ACCORDANCE WITH ARTICLE 9 OF THE
DEVELOPMENT AGREEMENT TO PAY SUCH COSTS INCURRED IN CONNECTION TO SUCH REPAIRS
AND RESTORATION.
11.02
LANDLORD'S INSPECTION.
DURING THE PROGRESS OF SUBSTANTIAL REPAIRS,
LANDLORD AND ITS ARCHITECTS AND ENGINEERS, FROM TIME TO TIME, MAY INSPECT THE
LEASED PROPERTY AND WILL BE FURNISHED, IF REQUIRED BY THEM, WITH COPIES OF ALL
PLANS, SHOP DRAWINGS, AND SPECIFICATIONS RELATING TO SUCH REPAIRS OR
REBUILDING.
TENANT WILL KEEP ALL PLANS, SHOP DRAWINGS, AND SPECIFICATIONS
AVAILABLE, AND LANDLORD AND ITS ARCHITECTS AND ENGINEERS MAY EXAMINE THEM AT ALL
REASONABLE TIMES, AT THE LEASED PROPERTY OR SUCH OTHER LOCATION AS LANDLORD AND
TENANT SHALL AGREE.
IF, DURING SUCH REPAIRS OR REBUILDING, LANDLORD AND ITS
ARCHITECTS AND ENGINEERS REASONABLY DETERMINE THAT THE REPAIRS OR REBUILDING ARE
NOT BEING DONE IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS,
LANDLORD WILL GIVE PROMPT NOTICE IN WRITING TO TENANT, SPECIFYING IN DETAIL THE
PARTICULAR DEFICIENCY, OMISSION, OR OTHER RESPECT IN WHICH LANDLORD CLAIMS SUCH
REPAIRS OR REBUILDING DO NOT ACCORD WITH THE APPROVED PLANS AND SPECIFICATIONS.
UPON THE RECEIPT OF ANY SUCH NOTICE, TENANT WILL CAUSE CORRECTIONS TO BE MADE TO
ANY DEFICIENCIES, OMISSIONS, OR SUCH OTHER RESPECT.
TENANT'S OBLIGATIONS TO
SUPPLY BUILDER'S RISK INSURANCE, ACCORDING TO ARTICLE V, WILL BE APPLICABLE TO
ANY REPAIRS OR REBUILDING UNDER THIS ARTICLE XI.
11.03
LANDLORD'S COSTS.
TENANT SHALL, WITHIN THIRTY (30) DAYS AFTER
RECEIPT OF AN INVOICE FROM LANDLORD, PAY THE REASONABLE COSTS, EXPENSES, AND
FEES OF ANY ARCHITECT OR ENGINEER EMPLOYED BY LANDLORD TO REVIEW ANY PLANS AND
SPECIFICATIONS AND TO SUPERVISE AND APPROVE ANY CONSTRUCTION, OR FOR ANY
SERVICES RENDERED BY SUCH ARCHITECT OR ENGINEER TO LANDLORD AS CONTEMPLATED BY
ANY OF THE PROVISIONS OF THIS LEASE AGREEMENT, OR FOR ANY SERVICES PERFORMED BY
LANDLORD'S ATTORNEYS IN CONNECTION THEREWITH; PROVIDED,