|
(exclusive of Force Majeure Delay and Tenant Delay) after the occurrence of any such casualty if
<br /> Landlord shall fail to complete the rebuilding and restoration of the Building and/or the Demised
<br /> Premises such that a certificate of occupancy (temporary or final) shall not have been issued prior to the
<br /> issuance of the notice of termination by Tenant . Termination of the Lease by Tenant shall be Tenant ' s
<br /> sole remedy for Landlord' s failure to rebuild or restore the Demised Premises and/or Building under this
<br /> article 9 hereof. Upon termination of this Lease, Tenant ' s liability for Rent and other charges reserved
<br /> hereunder and accruing after the date of such fire or casualty shall cease as of the effective date of the
<br /> termination of this Lease .
<br /> Except as hereafter provided to the contrary, if by reason of such casualty, the Demised Premises
<br /> is rendered wholly untenantable, Minimum Rent and Additional Rent payable under article 6 and Exhibit
<br /> D herein shall be fully abated, or if only partially damaged, such Minimum Rent and Additional Rent
<br /> payable under article 6 and Exhibit D herein shall be abated proportionately as to that portion of the
<br /> Demised Premises rendered untenantable in either event (unless the Lease is terminated, as aforesaid)
<br /> from the date of such fire or casualty until 15 days after notice by Landlord to Tenant that the Demised
<br /> Premises have been substantially restored or until Tenant has resumed its business operations in the
<br /> Demised Premises , whichever occurs sooner . Tenant shall continue the operation of Tenant ' s business in
<br /> the Demised Premises or any part thereof not so damaged during any such period to the extent reasonably
<br /> practicable from the standpoint of prudent business management, and , except for such abatement of Rent
<br /> and other charges as hereinabove set forth, nothing herein contained shall be construed to abate Tenant' s
<br /> obligations hereunder .
<br /> Notwithstanding any other provision of this Lease to the contrary, if the Building or the Demised
<br /> Premises are destroyed or damaged by the negligence or willful act of Tenant, its agents , contractors,
<br /> invitees , and employees , Landlord shall have no obligation to Tenant of any kind whatsoever with respect
<br /> to any duty to rebuild, restore or repair the Building or the Demised Premises , and Landlord may proceed
<br /> to restore such damage without prejudice to its rights to make a claim against Tenant for the full cost of
<br /> such restoration or repair to the Demised Premises or the Building . Landlord, at all times , reserves the
<br /> right to recover any damages suffered as a result of Tenant ' s negligent or intentional acts . Except for the
<br /> abatement of the Minimum Rent and other charges hereinabove set forth, Tenant shall not be entitled to,
<br /> and hereby waives , all claims against Landlord for any compensation or damage for loss of use of the
<br /> whole or any part of the Demised Premises and/or Building, and for any inconvenience or annoyance
<br /> occasioned by any such casualty, damage, destruction, repair or restoration .
<br /> For purposes of this Lease, the terms (1) " Tenant Delay" means an event of delay due as the
<br /> result of the conduct or fault of the Tenant, its contractors, employees , or agents , including, without
<br /> limitation, Tenant ' s failure to furnish information or items in accordance with Exhibit F , Tenant ' s request
<br /> for materials, finishes or installations other than Landlord ' s building standard or Tenant ' s initial plans and
<br /> specifications of which Landlord gives Tenant written notice, or other acts or omissions constituting
<br /> negligence or willful misconduct by Tenant, its contractors, employees or agents ; and (ii) "Force
<br /> Majeure Delay" means a delay (other than with respect to a delay in the payment of money) due to an act
<br /> of God, public enemy, riot, strike, insurrection, war, adverse order of governmental authority, fire or other
<br /> casualty, extreme, unusual or adverse weather conditions, or any other similar material cause beyond
<br /> Landlord ' s or Tenant ' s, as the case may be, reasonable control .
<br /> 9 . Assignment - Sublease. Tenant may not assign, transfer, mortgage or encumber this Lease, and
<br /> may not sublet all of the Demised Premises without the written consent of Landlord first had and
<br /> obtained . Tenant may, however sublet the portions of the Demised Premises to multiple individuals
<br /> and/or entities . Any assignment or sublease to which Landlord may consent (one consent not being any .
<br /> basis to contend that Landlord should consent to a further change) shall not relieve Tenant of all of its
<br /> obligations hereunder . For the purpose of this article 10 , the word "assignment" includes the following :
<br /> OCAC Lease Page 7
<br />
|