NOT EXERCISE SUCH RIGHT WITHIN THE TIME AND
IN THE MANNER AS HEREINABOVE PROVIDED, LANDLORD SHALL HAVE THE BUILDING
(EXCLUDING PREMISES LEASED TO OTHER TENANTS) REPAIRED OR RESTORED TO THE
CONDITION IN ALL MATERIAL RESPECTS THAT EXISTED PRIOR TO THE CASUALTY AT THE
SOLE EXPENSE OF THE LANDLORD; PROVIDED, HOWEVER LANDLORD SHALL HAVE NO REPAIR OR
RESTORATION OBLIGATION BEYOND THE ACTUAL INSURANCE PROCEEDS COLLECTED BY AND
MADE AVAILABLE TO LANDLORD AFTER COMMERCIALLY REASONABLE EFFORTS.
NOTWITHSTANDING ANY PROVISIONS HEREIN TO THE CONTRARY, IN NO EVENT SHALL
LANDLORD BE REQUIRED TO REBUILD, REPAIR OR REPLACE ANY PART OF THE PARTITIONS,
FIXTURES, ADDITIONS OR OTHER IMPROVEMENTS WHICH MAY HAVE BEEN PLACED IN OR ABOUT
THE PREMISES BY TENANT, AND TENANT SHALL BE RESPONSIBLE FOR THE REBUILDING,
REPAIRING OR REPLACING OF SUCH ITEMS.
ANY INSURANCE WHICH MAY BE CARRIED BY
LANDLORD OR TENANT AGAINST LOSS OR DAMAGE TO THE BUILDING OR PREMISES SHALL BE
FOR THE SOLE BENEFIT OF THE PARTY CARRYING SUCH
28
INSURANCE AND UNDER ITS SOLE CONTROL EXCEPT THAT LANDLORD'S INSURANCE MAY BE
SUBJECT TO CONTROL BY THE HOLDER OR HOLDERS OF ANY INDEBTEDNESS SECURED BY A
MORTGAGE OR DEED TO SECURE DEBT COVERING ANY INTEREST OF LANDLORD IN THE
PREMISES, THE BUILDING, OR THE PROPERTY.
AN EQUITABLE ABATEMENT IN RENT SHALL
BE ALLOWED FROM THE DAMAGE DATE FOR TENANT'S LOSS OF USE OR ACCESS UNTIL SUCH
TIME THAT THE DAMAGE HAS BEEN REPAIRED OR RESTORED IN ALL MATERIAL RESPECTS TO
ITS CONDITION PRIOR TO THE CASUALTY; PROVIDED THAT TO THE EXTENT THAT ANY
PORTION OF THE PREMISES IS UNUSABLE FOR THE PURPOSE FOR WHICH IT WAS BEING USED
PRIOR TO THE CASUALTY, THEN ALL RENT APPLICABLE TO SUCH PORTION SHALL BE ABATED
IN FULL.
LANDLORD'S ARCHITECT SHALL DELIVER A NOTICE TO BOTH PARTIES WITHIN
SIXTY (60) DAYS AFTER THE DAMAGE DATE STATING THE TIME REQUIRED TO REPAIR AND
RESTORE THE DAMAGE CAUSED BY ANY CASUALTY AND IF LANDLORD IS OBLIGATED HEREUNDER
TO REPAIR AND RESTORE SUCH DAMAGE, LANDLORD SHALL USE ALL REASONABLE EFFORTS IN
GOOD FAITH TO REPAIR AND RESTORE SUCH DAMAGE WITHIN THE ESTIMATED TIME PERIOD.
(E)
LANDLORD'S ARCHITECT; TERMINATION
CONDITIONS.
THE OPINIONS OF AND NOTICES FROM ARCHITECT CONTEMPLATED IN SECTIONS
19(A), 19(B), 19(C) AND 19(D) HEREOF SHALL BE RENDERED OR GIVEN, AS THE CASE MAY
BE, BY A REPUTABLE, QUALIFIED, LICENSED ARCHITECT SELECTED BY LANDLORD.
IN THE
EVENT OF ANY TERMINATION OF THIS LEASE BY EITHER PARTY PURSUANT TO THIS SECTION
19, MONTHLY RENTAL, TENANT'S PRORATA SHARE OF OPERATING EXPENSES AND ANY OTHER
PAYMENTS DUE HEREUNDER SHALL BE APPORTIONED AND PAID TO THE DATE OF TERMINATION
AND TENANT SHALL VACATE THE PREMISES AS SOON AS REASONABLY POSSIBLE (BUT IN NO
EVENT LATER THAN FIFTEEN (15) DAYS) FOLLOWING THE DATE OF SUCH TERMINATION;
PROVIDED, HOWEVER, THAT THOSE MATTERS OF THIS LEASE WHICH ARE DESIGNATED TO
COVER MATTERS OF TERMINATION AND THE PERIOD THEREAFTER SHALL SURVIVE THE
TERMINATION HEREOF.
(F)
REPAIR STANDARDS.
UNLESS THIS LEASE IS
TERMINATED AS AFORESAID AS A RESULT OF ANY CASUALTY, LANDLORD SHALL, SUBJECT TO