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7.3 SR 03-01-2021
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7.3 SR 03-01-2021
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accepted, closing will be on a date selected by Landlord no less than thirty (30) days or more <br />than sixty (60) days from Landlord's acceptance. The purchase by Tenant shall be closed in <br />accordance with the purchase procedure set forth in Article 21. Notwithstanding the foregoing, <br />no rejection of Tenant's offer (or deemed offer) to purchase the Premises shall be effective <br />unless such offer shall also be rejected by Mortgagee. If Landlord has not rejected or accepted <br />Tenant's offer by the eightieth (80th) day after Tenant's offer, Tenant may submit a second <br />notice to Landlord and Mortgagee specifying, in bold face, that Landlord's silence at the end of <br />the ninety (90) day period shall be deemed to be acceptance of Tenant's offer. <br />12.3 Abatement of Rent. Rent for the portion of the Premises rendered untenantable <br />by casualty shall be abated on a reasonable basis from the date of casualty until the completion <br />of the Restoration, but only to the extent that, and for the period that Landlord is paid an amount <br />equal to the Monthly Rent and Additional Rent otherwise payable hereunder by Tenant's "Loss <br />of Rents Insurance" maintained as provided in Section 6.] (a) above. If any portion of the <br />Monthly Rent or Additional Rent required by the terms of this Lease is not paid by such Loss of <br />Rents Insurance, then Tenant will remain liable and obligated to make such payments to <br />Landlord, notwithstanding the damage, destruction or construction of the Restoration. <br />12.4 Negotiations. In the event of casualty, damage or destruction to the Premises <br />during the Term, Landlord and its Mortgagee shall control all negotiations with such insurance <br />carrier at Landlord's sole cost and expense; provided, however, that Tenant may participate in all <br />such negotiations, including being present at all meetings and participating in any conference <br />calls. The parties will keep each other fully advised from time to time, and upon such party's <br />request, of the status of such negotiations. In the event an Event of Default exists, or events exist <br />that would constitute an Event of Default with notice, the passage of time or both, Tenant shall <br />have no rights under this paragraph. <br />ARTICLE 13 <br />CONDEMNATION <br />13.1 Restoration. <br />(a) Except in the case of a Substantial Taking as set forth in Section 13.2, Tenant <br />covenants and agrees that in the case of a portion of the Premises being taken or condemned as <br />the result of the exercise of the power of eminent domain or by purchase in lieu of the exercise of <br />the power of eminent domain ("Taking") occurring after the Commencement Date and before <br />the Expiration Date, Tenant shall restore, repair, replace and rebuild the Premises as nearly as <br />possible to its condition immediately prior to such Taking to the standards of equivalent <br />buildings in the City, with such Tenant requested changes or alterations (made in conformity <br />with Article 18 hereof) as may be reasonably acceptable to Landlord (to the extent that Landlord <br />is entitled to approve such changes or alterations) or required by Applicable Laws. Such <br />Restoration, as defined in Section 12.1, including the cost of temporary repairs for the protection <br />of the Premises, or any portion thereof, shall be carried on and completed in accordance with the <br />provisions and conditions of this Section and Article 18 hereof and Applicable Laws. The <br />Condemnation Award shall be paid to Landlord or, if required by the Mortgagee, to the <br />Mortgagee, to be held in accordance with the terms of the Mortgage. Provided no Event of <br />Default exists, the Condemnation Award shall be released by the Landlord or Mortgagee, as <br />22 <br />
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