AG 2007 08 20 - Laserfiche WebLink

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Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. As soon after Sublessor commences the repairs and restoration as is practical, Subtenant shall commence and pursue to completion the repair and restoration or replacement of Subtenant's fixtures and personal property. Each party shall proceed with their respective work in a timely and diligent manner using the same or better quality materials as existing prior to the casualty, and they shall use their best efforts not to interfere with, annoy or inconvenience the other party. For such period of time as Subtenant cannot conduct its business from the Premises in a reasonable, prudent and businesslike manner as a result of the condition of the Building or Premises, the services to the Building, or caused by an interruption thereof because of reconstruction activities, all Rent and Additional Rent shall abate. To the extent and during the time that only a portion of the Premises is tenantable and to the extent that Subtenant is able to conduct its business therefrom in a reasonable, prudent and businesslike manner, Subtenant shall receive a fair diminution of Rent based on an estimated percentage of unusable space in the Premises. In the event Sublessor fails to deliver to Subtenant a Landlord's Notice within the required 45 business day period as to whether or not the damage can be repaired within the Restoration Period, Tenant shall have the right any time after the expiration of the 45 business day notice period to terminate this Lease as of the date of the casualty. 20. Condemnation. If (i) all or a substantial portion of the Building or the Premises, and/or (ii) so much of the parking area, means of access, or the Land such that the remaining portion(s) materially and adversely affect Subtenant's use, is taken for any public or quasi-public use by right of eminent domain or otherwise (including a sale in lieu of condemnation), such that Subtenant can no longer conduct its business at the Premises on a reasonable and prudent basis, Subtenant may terminate this Sublease by giving written notice of termination to Sublessor within 90 days after such taking. In such event, this Sublease shall terminate as of the date of such taking (but Subtenant shall be afforded a reasonable period of time (not to exceed 30 days) to vacate the Premises). All proceeds from any taking or condemnation of the Building, Land and/or Premises shall belong to and be paid to Sublessor. Nothing contained herein, however, shall prevent Subtenant from seeking a separate award from the condemning authority for any loss of Subtenant's personal property and equipment, moving expenses, leasehold interests, or other losses relating to Subtenant's business so long as such separate award shall not result in a reduction of proceeds payable to Sublessor. 21. Force Maieure. If either Sublessor or Subtenant is delayed or prevented from completing the performance of any obligation under this Sublease by reason of accident, fire, act of God, public enemy, injunction, riot, strike, lockout, insurrection, war, court order, requisition or order of governmental body or authority, inability to procure labor or materials from normally available sources, or by any other cause without its fault and beyond its reasonable control (financial inability excepted), completion will be excused for the period of such delay and the date of completion will be extended for the period of such delay provided notice of the occurrence or encountering of such cause is given to the other party within 10 business days after such occurrence or encounter and notice of the duration of such cause is given within 10 business days after the cessation of such cause. ~ _ ~ ~