AFTER
THE DAMAGE TERMINATION DATE.
IF REPAIRS SHALL BE SUBSTANTIALLY COMPLETED PRIOR
TO THE EXPIRATION OF SUCH THIRTY-DAY PERIOD, THEN THE DAMAGE TERMINATION NOTICE
SHALL BE OF NO FORCE OR EFFECT, BUT IF THE REPAIRS SHALL NOT BE SUBSTANTIALLY
COMPLETED WITHIN SUCH THIRTY-DAY PERIOD, THEN THIS LEASE SHALL TERMINATE UPON
THE EXPIRATION OF SUCH THIRTY-DAY PERIOD.
AT ANY TIME, FROM TIME TO TIME, AFTER
THE DATE OCCURRING SIXTY (60) DAYS AFTER THE DATE OF THE DAMAGE, TENANT MAY
REQUEST THAT LANDLORD INFORM TENANT OF LANDLORD'S REASONABLE OPINION OF THE DATE
OF COMPLETION OF THE REPAIRS AND LANDLORD SHALL RESPOND TO SUCH REQUEST WITHIN
FIVE (5) BUSINESS DAYS.
NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 11.2,
TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE UNDER THIS SECTION 11.2 ONLY
IF EACH OF THE FOLLOWING CONDITIONS IS SATISFIED: (A) THE DAMAGE TO THE PROJECT
BY FIRE OR OTHER CASUALTY WAS NOT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL
ACT OF TENANT OR ITS PARTNERS OR SUBPARTNERS AND THEIR RESPECTIVE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, AND INDEPENDENT CONTRACTORS; (B) TENANT IS NOT THEN
IN DEFAULT UNDER THIS LEASE; (C) AS A RESULT OF THE DAMAGE, TENANT CANNOT
REASONABLY CONDUCT BUSINESS FROM THE PREMISES; AND, (D) AS A RESULT OF THE
DAMAGE TO THE PROJECT, TENANT DOES NOT OCCUPY OR USE THE PREMISES AT ALL.
IT IS
HEREBY UNDERSTOOD THAT IF LANDLORD IS OBLIGATED TO OR ELECTS TO REPAIR OR
RESTORE AS HEREIN PROVIDED, LANDLORD SHALL BE OBLIGATED TO MAKE REPAIRS OR
RESTORATION ONLY OF THOSE PORTIONS OF THE BUILDING AND THE PREMISES WHICH WERE
ORIGINALLY PROVIDED AT LANDLORD'S EXPENSE, AND THE REPAIR AND RESTORATION OF
ITEMS NOT PROVIDED AT LANDLORD'S EXPENSE SHALL BE THE OBLIGATION OF TENANT.
11.3
MUTUAL RELEASE.
UPON ANY TERMINATION OF THIS LEASE UNDER ANY OF THE
PROVISIONS OF THIS ARTICLE 11, THE PARTIES SHALL BE RELEASED THEREBY WITHOUT
FURTHER OBLIGATION TO THE OTHER FROM THE DATE POSSESSION OF THE PREMISES IS
SURRENDERED TO LANDLORD, EXCEPT FOR ITEMS WHICH HAVE THERETOFORE ACCRUED AND ARE
THEN UNPAID OR FOR THE RETURN OF ANY SECURITY DEPOSIT OR PREPAID RENT AND EXCEPT
FOR ANY PROVISIONS CONTAINED IN THIS LEASE EXPRESSLY DESIGNATED AS SURVIVING THE
EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
28
11.4
DELAY IN RESTORATION.
TENANT SHALL NOT BE RELEASED FROM ANY OF ITS
OBLIGATIONS UNDER THIS LEASE BY REASON OF FIRE OR OTHER CASUALTY, EXCEPT TO THE
EXTENT AND UPON THE CONDITIONS EXPRESSLY STATED IN THIS ARTICLE 11.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOULD LANDLORD BE
DELAYED OR PREVENTED FROM REPAIRING OR RESTORING THE DAMAGED PREMISES BY REASON
OF ACTS OF GOD, WAR, GOVERNMENTAL RESTRICTIONS, INABILITY TO PROCURE THE
NECESSARY LABOR OR MATERIALS, DELAYS IN EFFECTING INSURANCE RECOVERY, OR ANY
OTHER CAUSE BEYOND THE REASONABLE CONTROL OF LANDLORD, LANDLORD SHALL BE
RELIEVED OF ITS OBLIGATION TO MAKE SUCH REPAIRS OR RESTORATION FOR A PERIOD
EQUAL TO SUCH DELAY OR PREVENTION.
11.5
WAIVER OF STATUTORY PROVISIONS.
THE PROVISIONS OF THIS LEASE,
INCLUDING THIS ARTICLE 11, CONSTITUTE AN EXPRESS AGREEMENT BETWEEN