NOT BE REQUIRED TO DO SUCH REPAIR OR RESTORATION
WORK EXCEPT DURING BUSINESS HOURS OF BUSINESS DAYS.
19.05
NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS OF
THIS ARTICLE 19, IF BY REASON OF SOME ACT OR OMISSION ON THE PART OF TENANT OR
ANY OF ITS SUBTENANTS OR ITS OR THEIR PARTNERS, DIRECTORS, OFFICERS, SERVANTS,
EMPLOYEES, AGENTS OR CONTRACTORS OF WHICH LANDLORD SHALL HAVE GIVEN TENANT
NOTICE AND A REASONABLE OPPORTUNITY TO CURE EITHER, LANDLORD OR ANY SUPERIOR
LESSOR OR ANY SUPERIOR MORTGAGEE SHALL BE UNABLE TO COLLECT ALL OF THE INSURANCE
PROCEEDS (INCLUDING, WITHOUT LIMITATION, RENT INSURANCE PROCEEDS) APPLICABLE TO
DAMAGE OR DESTRUCTION OF THE PREMISES OR THE BUILDING BY FIRE OR OTHER CASUALTY,
THEN, WITHOUT PREJUDICE TO ANY OTHER REMEDIES WHICH MAY BE AVAILABLE AGAINST
TENANT, THERE SHALL BE NO ABATEMENT OR REDUCTION OF THE FIXED RENT OR ADDITIONAL
CHARGES.
19.06
LANDLORD WILL NOT CARRY INSURANCE OF ANY KIND ON
TENANT'S PROPERTY AND IMPROVEMENTS AND BETTERMENTS, AND SHALL NOT BE OBLIGATED
TO REPAIR ANY DAMAGE TO OR REPLACE TENANT'S PROPERTY, IMPROVEMENTS OR
BETTERMENTS.
TENANT AGREES TO LOOK TO ITS OWN INSURANCE FOR
58
RECOVERY OF ANY DAMAGE TO OR LOSS OF TENANT'S PROPERTY, IMPROVEMENTS OR
BETTERMENTS.
IF TENANT SHALL FAIL TO MAINTAIN SUCH INSURANCE, LANDLORD SHALL
HAVE THE RIGHT TO OBTAIN INSURANCE ON TENANT'S PROPERTY, IMPROVEMENTS OR
BETTERMENTS AND THE COST THEREOF SHALL BE ADDITIONAL CHARGES UNDER THIS LEASE
AND PAYABLE BY TENANT TO LANDLORD ON DEMAND.
19.07
THE PROVISIONS OF THIS ARTICLE 19 SHALL BE DEEMED AN
EXPRESS AGREEMENT GOVERNING ANY CASE OF DAMAGE OR DESTRUCTION OF THE PREMISES BY
FIRE OR OTHER CASUALTY, AND SECTION 227 OF THE REAL PROPERTY LAW OF THE STATE OF
NEW YORK, PROVIDING FOR SUCH A CONTINGENCY IN THE ABSENCE OF AN EXPRESS
AGREEMENT, AND ANY OTHER LAW OF LIKE IMPORT, NOW OR HEREAFTER IN FORCE, SHALL
HAVE NO APPLICATION IN SUCH CASE.
ARTICLE 20
EMINENT DOMAIN
20.01
IF THE WHOLE OF THE BUILDING OR THE PREMISES SHALL BE
TAKEN BY CONDEMNATION OR IN ANY OTHER MANNER FOR ANY PUBLIC OR QUASI-PUBLIC USE
OR PURPOSE, THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED SHALL TERMINATE AS
OF THE DATE OF VESTING OF TITLE ON SUCH TAKING (THE "DATE OF THE TAKING"), AND
THE FIXED RENT AND ADDITIONAL CHARGES SHALL BE PRORATED AND ADJUSTED AS OF SUCH
DATE.
20.02
IF MORE THAN FORTY (40%) PERCENT OF THE BUILDING SHALL
BE SO TAKEN, THIS LEASE SHALL BE UNAFFECTED BY SUCH TAKING, EXCEPT THAT
(A) LANDLORD MAY, AT ITS OPTION, PROVIDED THAT LANDLORD SHALL TERMINATE LEASES
OF NO LESS THAN FIFTY (50%) PERCENT OF THE OFFICE SPACE THEN LEASED TO TENANTS
IN THE BUILDING UPON WHICH THE EFFECT OF SUCH TAKING SHALL HAVE BEEN
SUBSTANTIALLY SIMILAR TO THE EFFECT OF SAME UPON THE PREMISES, TERMINATE THIS
LEASE BY GIVING TENANT NOTICE TO THAT EFFECT WITHIN NINETY (90) DAYS AFTER THE
DATE OF THE TAKING, AND (B) IF TWENTY (20%) PERCENT OR MORE OF THE PREMISES
SHALL BE SO TAKEN AND THE REMAINING AREA