Common use of Damage Generally Clause in Contracts

Damage Generally. If any part of the Premises or the Building shall be damaged by fire, earthquake, act of God, or any other casualty, Tenant shall give prompt notice thereof to Landlord and Landlord shall, if such damage can with reasonable diligence be repaired within one hundred twenty (120) days, repair such damage in a manner and at times which do not unreasonably interfere with Tenant's use of the Premises, and this Lease shall not be void or voidable. If any part of the Premises shall be rendered untenantable by reason of such damage, the fixed rent payable hereunder (and additional rent payable pursuant to Article 3) shall be appropriately abated for the period from the date of such damage to the date when such part of the Premises shall have been made tenantable unless: (a) Landlord shall make available to Tenant, during the period of such repair other space in the Building which in the Tenant's reasonable opinion is suitable for the temporary conduct of Tenant's business; or (b) such fire or other casualty shall have resulted from the fault or neglect of Tenant or its employees, licensees or invitees. 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. Landlord shall have no obligation to carry insurance of any kind on 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. In the event such repairs cannot with reasonable diligence be made within 120 days after such damage or if such damage results from the fault or neglect of Tenant or its employees, licensees or invitees, Landlord may, at its option upon written notice to Tenant within thirty (30) days after the date of such casualty, repair such damage within a reasonable time, in which case the fixed rent and additional rent described in Article 3 shall be abated as provided above, and this Lease shall otherwise continue in full force and effect. In the event Landlord does not so elect to make such repairs or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party by written notice to the other party given not less than thirty- one (31) nor more than sixty (60) days after the date of such damage. In the event that the Building is destroyed to the extent of not less than thirty-three and one-third percent (33-1/3%) of the replacement cost thereof, Landlord may elect to terminate this Lease, whether the Premises be injured or not. A total destruction of the Building shall terminate this Lease. Landlord shall not be required to repair any injury or damage by fire, earthquake, act of God, or any other casualty, or to make any repairs or replacements, of any improvements installed in the Premises by or for Tenant, except for the portion of such improvements the cost of which was borne by Landlord and Tenant shall, at Tenant's sole cost and expense, repair and restore its portion of such improvements. Tenant hereby waives the provisions of California Civil Code Sections 1932(2) and 1933(4) and the provisions of any successor or other law of like import. If the Premises are to be repaired under this Section, Landlord shall repair at his cost any injury or damage to the Building itself. Tenant shall pay the cost of repairing any other tenant improvements in the Premises. Tenant at its cost shall maintain on its personal property, tenant improvements, and alterations, in, on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of at least one hundred percent (100%) of their full replacement value. The proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of tenant improvements or alterations. The Building in which the Premises is located is a steel-frame office building, and Landlord and Tenant understand and acknowledge that latent damage, including cracks in the steel joints and supporting columns of the Building may have occurred during the earthquake that occurred in the vicinity of the Building on January 17, 1994. The City of Los Angeles has considered and continues to consider imposing certain requirements for inspection, testing and/or repair, if necessary, to steel-frame buildings within the City of Los Angeles that may have been damaged structurally by the aforesaid earthquake. Landlord hereby advises Tenant that Landlord has consulted with ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ Associates, who were the structural engineers assisting in connection with the construction of the Building, and have retained Englekirk & ▇▇▇▇▇, Consulting Engineers. In the event that during the term of this Lease additional inspections, testing and/or repairs or reconstruction is required by the City of Los Angeles or other governmental authority, or in the event that Landlord elects to undertake any such inspection, testing or repairs or reconstruction (collectively the "Work") upon the recommendation of its engineers, Landlord shall give notice thereof to Tenant and shall use its best efforts not to unreasonably interfere with Tenant's use of the Premises in connection with the Work. If any part of the Premises shall be rendered untenatable by reason of such Work by Landlord, the fixed rent payable hereunder (and additional rent payable pursuant to Article 3 and parking charges) shall be proportionately abated for the period from the commencement of such Work to the date when such untenantable part of the Premises shall be again tenantable. Tenant agrees that Tenant shall cooperate fully with Landlord in connection with the Work and shall make the Premises available for the Work upon request by Landlord. If available and if requested by Tenant, Landlord shall make available to Tenant during the period of such Work other space in the Building which in the Tenant's reasonable opinion is suitable for the temporary conduct of Tenant's business; however, if such temporary space is smaller than the Premises, then Tenant shall pay monthly fixed rent and additional rent for the temporary space based upon their then existing rate per rentable square foot for the Premises times the number of rentable square feet in the temporary space. Under no circumstances shall Tenant have the right to terminate this Lease as a result of the Work by Landlord as provided herein. Tenant shall have no claim against Landlord for any interruption, interference or disruption of the business conducted by Tenant at the Premises as a result of the Work and hereby releases Landlord from any claim which Tenant may have against Landlord arising from or relating to, directly or indirectly, the performance of the Work by Landlord.

Damage Generally. If (a) Subject to SECTION 12.1(b), if any part of the Premises or the Building shall be damaged by fire, earthquake, act of God, fire or any other casualty, Tenant shall give prompt notice thereof to Landlord and Landlord shall, if such damage can shall with reasonable diligence be repaired within one hundred twenty (120) days, repair such damage to any part of the Premises, the repair of which is Landlord’s obligation hereunder, in a manner and at times which do not unreasonably interfere with Tenant's ’s use of the Premises, and this Lease shall not be void or voidable. If if any part of the Premises shall be rendered untenantable by untenantableby reason of such damage, damage (including untenantability due to lack of service therein) the fixed rent Fixed Rent payable hereunder (and additional rent Additional Rent payable pursuant to Article ARTICLE 3) shall be appropriately abated for the period from the date of such damage to the date when the repair or maintenance of such part of the Premises for which Landlord shall be responsible hereunder shall have been made tenantable unless: (a) Landlord shall make available to Tenant, during the period of such repair other space in the Building which in the Tenant's reasonable opinion is suitable for the temporary conduct of Tenant's business; or (b) such fire or other casualty shall have resulted from the fault or neglect of Tenant or its employees, licensees or inviteesmade. 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, except for the aforestated abatement of Rent. (b) Notwithstanding SECTION 12.1(a), if the Building shall be substantially destroyed by fire or other casualty and if in the reasonable opinion of Landlord it would not be economically feasible to rebuild the Building and Landlord elects not to rebuild, then Landlord may elect by written notice to Tenant within ninety (90) days after the date of such destruction (the “Destruction Date”) to terminate this Lease as of the Destruction Date and if such notice shall be given this Lease and the term and estate hereby granted shall terminate as of the Destruction Date with the same effect as if the Destruction Date were the Expiration Date of the term of this Lease and Tenant shall pay the Rent thereunder justly apportioned to the Destruction Date (c) In the event Landlord does not terminate this Lease in accordance with the provisions herein above, Landlord shall repair or rebuild the Premises in accordance with Paragraph (a). The estimates required herein shall be provided by an independent architect, representative and/or contractor selected by Landlord within thirty (30) days following said damage or casualty. (d) Landlord shall have no obligation to carry insurance of any kind on Tenant's ’s goods, furniture or furnishings or on Tenant's ’s Property, and Landlord shall not be obligated to repair any damage thereto or to replace the same. In . (e) Notwithstanding anything to the event such repairs cancontrary, Landlord’s restoration obligations shall be limited to the amount of insurance proceeds actually required to be maintained by Landlord hereunder, and Landlord’s shall only be required to restore the Premises to the condition it was in on the Commencement Date. (f) If the Premises shall be damaged by fire or other casualty to the extent of more than twenty-five (25%) of the cost of replacement thereof during the last two (2) years of the Term and Tenant does not with reasonable diligence be made elect to extend the Term as provided herein, Landlord or Tenant may terminate this Lease by notice to the Tenant given within 120 ninety (90) days after such damage or if event, and upon the date specified in such damage results from the fault or neglect of Tenant or its employeesnotice, licensees or invitees, Landlord may, at its option upon written notice to Tenant within which shall be not less than thirty (30) days after the date of such casualty, repair such damage within a reasonable time, in which case the fixed rent and additional rent described in Article 3 shall be abated as provided above, and this Lease shall otherwise continue in full force and effect. In the event Landlord does not so elect to make such repairs or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party by written notice to the other party given not less than thirty- one (31) nor more than sixty (60) days after the date giving of such damage. In said notice, this Lease shall terminate and Tenant shall forthwith quit, and surrender the event that Premises to Landlord and no further obligations shall accrue after the Building is destroyed to termination date, but reconciliation between the extent of not less than thirty-three and one-third percent (33-1/3%) parties shall survive expiration of the replacement cost thereof, Landlord may elect to terminate this Lease, whether the Premises be injured or not. A total destruction of the Building shall terminate this Lease. Landlord shall not be required to repair any injury or damage by fire, earthquake, act of God, or any other casualty, or to make any repairs or replacements, of any improvements installed in the Premises by or for Tenant, except for the portion of such improvements the cost of which was borne by Landlord and Tenant shall, at Tenant's sole cost and expense, repair and restore its portion of such improvements. Tenant hereby waives the provisions of California Civil Code Sections 1932(2) and 1933(4) and the provisions of any successor or other law of like import. If the Premises are to be repaired under this Section, Landlord shall repair at his cost any injury or damage to the Building itself. Tenant shall pay the cost of repairing any other tenant improvements in the Premises. Tenant at its cost shall maintain on its personal property, tenant improvements, and alterations, in, on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of at least one hundred percent (100%) of their full replacement value. The proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of tenant improvements or alterations. The Building in which the Premises is located is a steel-frame office building, and Landlord and Tenant understand and acknowledge that latent damage, including cracks in the steel joints and supporting columns of the Building may have occurred during the earthquake that occurred in the vicinity of the Building on January 17, 1994. The City of Los Angeles has considered and continues to consider imposing certain requirements for inspection, testing and/or repair, if necessary, to steel-frame buildings within the City of Los Angeles that may have been damaged structurally by the aforesaid earthquake. Landlord hereby advises Tenant that Landlord has consulted with ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ Associates, who were the structural engineers assisting in connection with the construction of the Building, and have retained Englekirk & ▇▇▇▇▇, Consulting Engineers. In the event that during the term of this Lease additional inspections, testing and/or repairs or reconstruction is required by the City of Los Angeles or other governmental authority, or in the event that Landlord elects to undertake any such inspection, testing or repairs or reconstruction (collectively the "Work") upon the recommendation of its engineers, Landlord shall give notice thereof to Tenant and shall use its best efforts not to unreasonably interfere with Tenant's use of the Premises in connection with the Work. If any part of the Premises shall be rendered untenatable by reason of such Work by Landlord, the fixed rent payable hereunder (and additional rent payable pursuant to Article 3 and parking charges) shall be proportionately abated for the period from the commencement of such Work to the date when such untenantable part of the Premises shall be again tenantable. Tenant agrees that Tenant shall cooperate fully with Landlord in connection with the Work and shall make the Premises available for the Work upon request by Landlord. If available and if requested by Tenant, Landlord shall make available to Tenant during the period of such Work other space in the Building which in the Tenant's reasonable opinion is suitable for the temporary conduct of Tenant's business; however, if such temporary space is smaller than the Premises, then Tenant shall pay monthly fixed rent and additional rent for the temporary space based upon their then existing rate per rentable square foot for the Premises times the number of rentable square feet in the temporary space. Under no circumstances shall Tenant have the right to terminate this Lease as a result of the Work by Landlord as provided herein. Tenant shall have no claim against Landlord for any interruption, interference or disruption of the business conducted by Tenant at the Premises as a result of the Work and hereby releases Landlord from any claim which Tenant may have against Landlord arising from or relating to, directly or indirectly, the performance of the Work by Landlordterm.