Orange County NC Website
12 <br />7. Damage Destruction and Condemnation. <br />a. If any structure located on the Premises is <br />destroyed (in whole or in part) or is damaged by fire or other <br />casualty to such extent that the claim for loss, under the <br />insurance policies required to be carried by this Lease, <br />resulting from such destruction or damage is not greater than <br />$100,000, Tenant (i) will promptly repair, rebuild or restore the <br />property damaged or destroyed to substantially the same condition <br />as it existed prior to the event causing such damage or <br />destruction, with such changes, alterations and modifications <br />(including the substitution and addition of other property) as <br />may be desired by Tenant and as will not impair operating unity <br />or productive capacity or the character of the Premises as a <br />manufacturing plant, and (ii) will apply for such purpose so much <br />as may be necessary of any Net Proceeds of insurance resulting <br />from such claims for losses, as well as any additional moneys of <br />Tenant necessary therefor. All Net Proceeds of insurance <br />resulting from such claims for losses not in excess of $100,000 <br />shall be paid to Tenant. <br />If the Premises is destroyed (in whole or in part.) or is <br />damaged by fire or other casualty to such extent that the claim <br />for loss under the insurance policies required to be carried by <br />this Lease hereof resulting from such destruction or damage is in <br />excess of $100,000, Tenant shall promptly give written notice <br />thereof to Landlord. All Net Proceeds of insurance resulting_ <br />from such claims for losses in.excess of $100,000 shall be <br />received by Tenant, in trust, and applied by Tenant promptly to <br />repair, rebuild or restore the portion of the Premises damaged or <br />destroyed to substantially the same condition as it existed prior <br />to the event causing such damage or destruction, with such <br />changes, alterations and modifications - -(- including -. the -- _ <br />substitution and addition of other property) as may be desired by <br />Tenant and as will not impair operating unity or productive <br />capacity or the character of the Premises as a manufacturing <br />plant. In the event said Net Proceeds are not sufficient to pay <br />in full the costs of such repair, rebuilding or.restoration, <br />Tenant will nonetheless complete the work thereof and will pay <br />that portion of the costs thereof in excess of the amount of said <br />Net Proceeds. Any balance of' such Net Proceeds remaining after <br />payment of all the costs of such repair, rebuilding or <br />restoration, upon concurrence of Landlord, that repair, <br />rebuilding or restoration complies with the requirements of this <br />paragraph, are released from the trust created here and shall be <br />paid to Tenant, except rent loss insurance proceeds which shall <br />be payable to Landlord. <br />I€ the structures on the Premises shall have been damaged or <br />destroyed (i) to such extent that, in the opinion of an <br />Independent Engineer expressed in a certificate filed with. <br />Landlord, it cannot be reasonably restored within a period of six <br />consecutive months to the condition thereof immediately preceding <br />such damage or destruction, or (ii) to such extent that, in the <br />10 <br />