AND EXPENSE, REPAIR ANY INJURY OR DAMAGE TO THE IMPROVEMENTS AND THE
ORIGINAL IMPROVEMENTS INSTALLED IN THE PREMISES AND SHALL RETURN SUCH
IMPROVEMENTS AND ORIGINAL IMPROVEMENTS TO THEIR ORIGINAL CONDITION.
WHETHER OR
NOT LANDLORD DELIVERS A LANDLORD REPAIR NOTICE, PRIOR TO THE COMMENCEMENT OF
CONSTRUCTION, TENANT SHALL SUBMIT TO LANDLORD, FOR LANDLORD'S REVIEW AND
APPROVAL, ALL PLANS, SPECIFICATIONS AND WORKING DRAWINGS RELATING THERETO, AND
LANDLORD SHALL SELECT THE CONTRACTORS TO PERFORM SUCH IMPROVEMENT WORK.
LANDLORD SHALL NOT BE LIABLE FOR ANY INCONVENIENCE OR ANNOYANCE TO TENANT OR ITS
VISITORS, OR INJURY TO TENANT'S BUSINESS RESULTING IN ANY WAY FROM SUCH DAMAGE
OR THE REPAIR THEREOF; PROVIDED HOWEVER, THAT IF SUCH FIRE OR OTHER CASUALTY
SHALL HAVE DAMAGED THE PREMISES OR COMMON AREAS NECESSARY TO TENANT'S OCCUPANCY,
LANDLORD SHALL ALLOW TENANT A PROPORTIONATE ABATEMENT OF RENT TO THE EXTENT
LANDLORD IS REIMBURSED FROM THE PROCEEDS OF RENTAL INTERRUPTION INSURANCE
PURCHASED BY LANDLORD AS PART OF OPERATING EXPENSES, DURING THE TIME AND TO THE
EXTENT THE PREMISES ARE UNFIT FOR OCCUPANCY FOR THE PURPOSES PERMITTED UNDER
THIS LEASE, AND NOT OCCUPIED BY TENANT AS A RESULT THEREOF; UNLESS LANDLORD
SHALL MAKE AVAILABLE TO TENANT, DURING THE PERIOD OF SUCH REPAIR, OTHER SPACE IN
THE BUILDING OR THE PROJECT WHICH IS REASONABLY SUITABLE FOR THE TEMPORARY
CONDUCT OF TENANT'S BUSINESS; PROVIDED, FURTHER, HOWEVER, THAT IF THE DAMAGE OR
DESTRUCTION IS DUE TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR ANY OF
ITS AGENTS, EMPLOYEES, CONTRACTORS, INVITEES OR GUESTS, TENANT SHALL BE
RESPONSIBLE FOR ANY REASONABLE, APPLICABLE INSURANCE DEDUCTIBLE (WHICH SHALL BE
PAYABLE TO LANDLORD UPON DEMAND) AND THERE SHALL BE NO RENT ABATEMENT.
IN THE
EVENT THAT LANDLORD SHALL NOT DELIVER THE LANDLORD REPAIR NOTICE, TENANT'S RIGHT
TO RENT ABATEMENT PURSUANT TO THE PRECEDING SENTENCE SHALL TERMINATE AS OF THE
DATE WHICH IS REASONABLY DETERMINED BY LANDLORD TO BE THE DATE TENANT SHOULD
HAVE COMPLETED REPAIRS TO THE PREMISES ASSUMING TENANT USED REASONABLE DUE
DILIGENCE IN CONNECTION THEREWITH.
LANDLORD SHALL NOT BE LIABLE FOR ANY
INCONVENIENCE OR ANNOYANCE TO TENANT OR INJURY TO THE BUSINESS OF TENANT
RESULTING IN ANY WAY FROM SUCH DAMAGE OR THE UNDERTAKING OF SUCH REPAIR,
RECONSTRUCTION OR RESTORATION.
LANDLORD SHALL HAVE NO OBLIGATION TO CARRY
INSURANCE OF ANY KIND ON TENANT'S ALTERATIONS OR UPON TENANT'S GOODS, FURNITURE
OR FURNISHINGS OR ON TENANT'S PROPERTY, AND LANDLORD SHALL NOT BE OBLIGATED TO
REPAIR ANY DAMAGE THERETO OR TO REPLACE THE SAME.
TENANT HEREBY WAIVES THE
PROVISIONS OF ANY CALIFORNIA LAW WHICH IS IN CONFLICT WITH THE PROVISIONS OF
THIS ARTICLE 11.
11.2
LANDLORD'S OPTION TO REPAIR.
NOTWITHSTANDING THE TERMS OF
SECTION 11.1 OF THIS LEASE, LANDLORD MAY ELECT NOT TO REBUILD AND/OR RESTORE THE
PREMISES, BUILDING AND/OR PROJECT,
27
AND INSTEAD TERMINATE THIS LEASE, BY NOTIFYING TENANT IN WRITING OF SUCH
TERMINATION WITHIN SIXTY (60) DAYS AFTER THE DATE OF DISCOVERY OF THE DAMAGE,
SUCH NOTICE TO INCLUDE A TERMINATION DATE GIVING TENANT SIXTY (60) DAYS TO
VACATE THE PREMISES, BUT LANDLORD MAY SO ELECT ONLY IF THE