8.1. SR 03-21-2016 - Laserfiche WebLink

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provisions of the Bankruptcy Code; (iv) the assumption will not breach any provision of this Lease; and the assumption will be subject to all of the provisions of this Lease. (d) If Tenant proposes to assume and assign this Lease pursuant to the provisions of the Bankruptcy Code to any person or entity who shall have made a bona fide offer to accept an assignment of this Lease on terms acceptable to Tenant ("Assignment Offer"), no later than thirty (30) days after receipt by Tenant of the Assignment Offer, but in any event no later than ten (10) days prior to the date that Tenant shall move for authority and approval to assume and assign this Lease, Tenant shall provide Landlord with notice of such proposed assignment, setting forth (i) the name and address of the proposed assignee; (ii) all the terms and conditions of such offer; and (iii) adequate assurance to be provided to Landlord to assure the proposed assignee's future performance under this Lease, including, without limitation, the assurances referred to in any applicable provision of the Bankruptcy Code, whereupon, Landlord shall have the right and option, at any time prior to the entry of an order by the Bankruptcy Court approving such proposed assignment, to give Tenant written notice of Landlord's intent to accept an assignment of this Lease upon the same terms and conditions and for the same consideration, if any, as the Assignment Offer, and upon the exercise of such option, Tenant shall withdraw its motion to assume and assign and move to assume and assign this Lease to the person or entity designated by Landlord. (e) If Tenant proposes to assume and assign this Lease pursuant to the provisions of the Bankruptcy Code, the adequate assurance to be provided Landlord to assure the assignee's future performance under this Lease shall include, without limitation: (i) that assignee's use of the Premises will be in compliance with the terms of this Lease; and assurances, in form reasonably acceptable to Landlord, as to all matters identified in any applicable provision of the Bankruptcy Code. ARTICLE 12 DESTRUCTION AND RESTORATION 12.1 Restoration. Except as set forth in Section 12.2, Tenant covenants and agrees that in case of damage to or destruction of the Building occurring during the Term by fire or otherwise, Tenant shall promptly notify Landlord and Mortgagee and promptly restore, repair, replace and rebuild the Building as nearly as possible to its condition immediately prior to such damage or destruction and to the standards of first class manufacturing and warehouse buildings of then equivalent class and age in the City, using new materials, with any Tenant requested changes or alterations (subject to Article 18 hereof) or changes required by Applicable Laws. Such restoration, repairs, replacements, rebuilding, changes and alterations, including the cost of 19