ACTUALLY RECEIVED BY LANDLORD, IN
38
ORDER FOR TENANT TO ACCOMPLISH ALL NECESSARY RESTORATION AS REASONABLY
DETERMINED BY TENANT IN CONSULTATION WITH LANDLORD.
IF TENANT RECEIVES AN
AWARD, TENANT SHALL REPAIR OR RESTORE ANY TENANT IMPROVEMENTS UP TO BUT NOT
EXCEEDING THE AMOUNT OF THE AWARD PAYABLE TO TENANT THEREFOR.
BEFORE BEGINNING
SUCH RESTORATION, OR LETTING ANY CONTRACTS IN CONNECTION WITH SUCH RESTORATION,
TENANT WILL SUBMIT FOR LANDLORD'S APPROVAL, WHICH APPROVAL LANDLORD WILL NOT
UNREASONABLY WITHHOLD OR DELAY, COMPLETE AND DETAILED PLANS AND SPECIFICATIONS
FOR SUCH RESTORATION.
PROMPTLY AFTER RECEIVING LANDLORD'S APPROVAL OF THE PLANS
AND SPECIFICATIONS, TENANT WILL BEGIN SUCH RESTORATION AND WILL PROSECUTE THE
REPAIRS AND REBUILDING TO COMPLETION WITH DILIGENCE, SUBJECT, HOWEVER, TO
STRIKES, LOCKOUTS, ACTS OF GOD, EMBARGOES, GOVERNMENTAL RESTRICTIONS,
TERRORISTIC THREATS OR ACTIONS, AND OTHER CAUSES BEYOND TENANT'S REASONABLE
CONTROL.
LANDLORD WILL MAKE AVAILABLE TO TENANT THE NET PROCEEDS OF ANY AWARD
PAID TO LANDLORD FOR SUCH RESTORATION, AFTER DEDUCTION OF ANY COSTS OF
COLLECTION, INCLUDING ATTORNEYS' FEES AND EXPENSES.
PAYMENT WILL BE MADE
AGAINST PROPERLY CERTIFIED VOUCHERS OF A COMPETENT ARCHITECT IN CHARGE OF THE
WORK AND APPROVED BY LANDLORD.
PRIOR TO COMMENCING THE RESTORATION, TENANT
SHALL DELIVER TO LANDLORD FOR LANDLORD'S APPROVAL A SCHEDULE SETTING FORTH THE
ESTIMATED MONTHLY DRAWS FOR SUCH WORK.
UPON THE COMPLETION OF RESTORATION AND
THE FURNISHING OF SUCH PROOF, THE BALANCE OF THE AWARD WILL BE PAID TO TENANT.
TENANT WILL OBTAIN AND DELIVER TO LANDLORD A TEMPORARY OR FINAL CERTIFICATE OF
OCCUPANCY BEFORE THE AGGREGATE LEASED PROPERTY IS REOCCUPIED FOR ANY PURPOSE.
TENANT SHALL COMPLETE SUCH RESTORATION FREE AND CLEAR OF MECHANIC'S,
CONSTRUCTION OR OTHER LIENS, AND IN ACCORDANCE WITH THE BUILDING CODES AND ALL
APPLICABLE LAWS, ORDINANCES, RULES, REGULATIONS, PERMITS, APPROVALS OR ORDERS OF
ANY STATE, MUNICIPAL, OR OTHER PUBLIC AUTHORITY AFFECTING THE RESTORATION, AND
ALSO IN ACCORDANCE WITH ALL REQUIREMENTS OF THE INSURANCE RATING ORGANIZATION,
OR SIMILAR BODY APPLICABLE TO THE AGGREGATE LEASED PROPERTY.
ANY REMAINING
PROCEEDS OF THE AWARD OTHERWISE PAYABLE AFTER SUCH RESTORATION IS COMPLETED WILL
BE TENANT'S PROPERTY.
12.06
LANDLORD'S INSPECTION.
DURING THE PROGRESS OF SUCH RESTORATION,
LANDLORD AND ITS ARCHITECTS AND ENGINEERS MAY, FROM TIME TO TIME, INSPECT THE
AGGREGATE LEASED PROPERTY AND WILL BE FURNISHED, IF REQUIRED BY THEM, WITH
COPIES OF ALL PLANS, SHOP DRAWINGS, AND SPECIFICATIONS RELATING TO SUCH
RESTORATION.
TENANT WILL KEEP ALL PLANS, SHOP DRAWINGS, AND SPECIFICATIONS
AVAILABLE, AND LANDLORD AND ITS ARCHITECTS AND ENGINEERS MAY EXAMINE THEM AT ALL
REASONABLE TIMES.
IF, DURING SUCH RESTORATION, LANDLORD AND ITS ARCHITECTS AND
ENGINEERS DETERMINE THAT THE RESTORATION IS 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 RESTORATION DOES 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 INSURANCE, ACCORDING TO ARTICLE V, WILL
BE