AG 2004 11 15 - Laserfiche WebLink

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Period, or ifthe repairs cannot be done within the Restoration Period and neither party chooses to terminate this Lease, Lessor shall, within sixty (60) days after the date of Lessor's Notice, commence the repairs and restoration and proceed with all due diligence to restore the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. As soon after Lessor commences the repairs and restoration as is practical, Tenant shall commence and pursue to completion the repair and restoration or replacement of Tenant'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. In the event Lessor fails to deliver to Tenant a Lessor's Notice within the required sixty (60) 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 sixty (60) business day notice period to terminate this Lease as of the date of the casualty. 17. Condemnation. If (ì) all or a substantial portion of the Premises, and/or (ii) so much ofthe parking area, means of access such that the remaining portiones) materially arid adversely affect Tenant'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 Tenant can no longer conduct its business at the Premises on a reasonable and prudent basis, Tenant may terminate this Lease by giving written notice of termination to Lessor within ninety (90) days after such taking. In such event, this Lease shall terminate as of the date of such taking. Tenant shall be afforded a reasonable period of time (not to exceed sixty (60) days) to vacate the Premises. All proceeds from any taking or condemnation of the Premises shall belong to and be paid to Lessor. Nothing contained herein, however, shall prevent Tenant from seeking a separate award from the condemning authority for any loss of Tenant's personal property and equipment, moving expenses, leasehold interests, or other losses relating to Tenant's business so long as such separate award shall not result in a reduction of proceeds payable to Lessor. 18. Force Majeure. If either Lessor or Tenant is delayed or prevented from completing the performance of any obligation under this. Lease 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 ofthe 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. 19. SubordinationlNon-Disturbance. Tenant agrees that this Lease is subject and subordinate to the terms and conditions of all terms and conditions pertaining to all mortgages which may now or hereafter affect or encumber all or any portion of the Premises or any successor in interest to Lessor. t= 13