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DRAFT <br /> 13. FIRE OR OTHER CASUALTY: <br /> If the Premises or the Building shall be damaged by fire or other cause Landlord shall at <br /> its option either (a) undertake to restore such damage with all due diligence, or (b) in the event <br /> the Premises or the Building are damaged by fire or other cause to such extent that damage <br /> cannot, in Landlord's sole judgment, be economically repaired within 90 days after the date of <br /> such damage (taking into account the time necessary to effectuate a satisfactory settlement with <br /> any insurance company and using normal construction methods without overtime or other <br /> premium), terminate this Lease, by notice given to Tenant within 60 days after the date of the <br /> damage. Any termination hereunder by reason of damage to the Premises shall be effective as of <br /> the date of the damage. Any termination by reason of damage to the Building but not the <br /> Premises shall be effective as of the date notice is given. If Landlord elects to restore, Landlord <br /> shall not be obligated to restore any improvements in the Premises which were not owned and <br /> constructed by Landlord. Upon substantial completion by Landlord of its work, Tenant shall <br /> undertake to restore its leasehold improvements and trade fixtures with all due diligence. This <br /> Lease shall, unless terminated by Landlord, remain in full force and effect following such <br /> damage, and, in the case of damage to the Premises, the Rent, prorated to the extent that the <br /> Premises are rendered untenantable, shall be equitably abated until such repairs are completed; <br /> provided, however, that if Tenant does not restore its leasehold improvements and trade fixtures <br /> with due diligence, abatement shall cease as of the date restoration could have been completed <br /> using due diligence. <br /> 14. CONDEMNATION: <br /> If the whole or any substantial part of the Premises shall be taken or condemned or <br /> purchased under threat of condemnation by any governmental authority, then the Term of this <br /> Lease shall cease and terminate as of the date when the interference with the possession, <br /> enjoyment or value of the Premises occurs and Tenant shall have no claim against the <br /> condemning authority, Landlord or otherwise, for any portion of the amount that may be <br /> awarded as damages as a result of such taking or condemnation or for the value of any unexpired <br /> Term of the Lease, provided, however, that landlord shall not be entitled to any separate award <br /> made to Tenant for loss of business, relocation costs or the value of the cost of removal of stock <br /> and trade fixtures and any such award is hereby condemned to the extent that it cannot, in <br /> Landlord's sole judgment, be economically restored within a reasonable time, Landlord shall <br /> have the option by notice given to Tenant within 30 days after the date of interference with <br /> possession,to terminate this Lease as of the date of such interference with possession. <br /> 15. DEFAULT: <br /> Any one of the following events shall constitute an Event of Default: <br /> (i) Tenant shall fail to pay any monthly installment of Rent as herein <br /> provided; <br /> (ii) Tenant shall violate or fail to perform any of the other conditions, <br /> covenants or agreements herein made by Tenant and such default shall continue <br /> 8 <br /> 416585v5 SJR MU210-35 <br />