Agmt04 Recycled Water (PVG Mana - Laserfiche WebLink

Browse Search

partner of Landlord is a trust) have any liability for the performance of Landlord's obligations under this Lease. ARTICLE 6: DAMAGE TO PREMISES AND CONDEMNATION 6.1 Repair of Damage to Premises. If the Premises ( including Tenant's alterations and improvements), access to the Premises, or any part of the Building that provides essential services to the Premises (collectively the "Relevant Space") is damaged in whole or in part from any cause and the Relevant Space can be substantially repaired and restored within one hundred and eighty (180) days from the date repairs commence using standard working methods and procedures, Landlord shall at its expense promptly and diligently, repair and restore the Relevant Space to substantially the same condition as existed before the damage, except for modifications required by zoning and building codes and other applicable Laws and any other modifications to the common areas deemed desirable by Landlord. This repair and restoration shall be made within one hundred and eighty (180) days from the date repairs commence, unless the delay is due to causes beyond landlord's reasonable control. If the Relevant Space cannot be repaired and restored within one hundred and eighty 180) days after the repairs commence, then either Party may, within ten (10) days after determining, in accord with Section 6.1.1 below, that the repairs and restoration cannot be made within one hundred and eighty (180) days, cancel the Lease by giving notice to the other Party. Nevertheless, if the Relevant Space is not repaired and restored within one hundred and eighty (180) days from the date the repairs commence, then Tenant may cancel the lease at any time after the one hundred and eightieth (18Oth) day and before the two hundred and twentieth (22Oth) day following the date of damage. Tenant'shall not have the right to cancel this Lease if its willful misconduct causes the damage, unless Landlord is not promptly and diligently repairing and restoring the Relevant Space. 6.1.1 Determining the Extent of Damage. If the Parties cannot agree in writing whether the repairs and restoration described in Section 6.1 will take more than one hundred and eighty (180) days to make, then the determina~ion will be submitted ~o the arbitration under Article 10 below. 6.1.2 Abatement. Unless the damage is caused by Tenant's willful misconduct, the Rent shall abate in proportion to that part of the Premises that is unfit for use in Tenant's business. The calculation of the amount of Rent so abated shall weigh the 31 . .. ~..,-...,- 'T '"TO' I' -,