CCP 04-27-1998 - Laserfiche WebLink

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Center, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee. Lessor shall not be liable for any damages arising from any act or neglect of any other lessee, occupant, or user of the . Industrial Center, nor from the failure of Lessor to enforce the provisions of any other lease of the Industrial Center. The foregoing exemption of Lessor from liability shall not extend to any liability of Lessor arising out of the gross negligence or willful misconduct of Lessor or Lessor's employees or agents. 8.9 Increased Coverage. Not more frequently than once every year, Lessee shall increase the amounts of insurance as follows; (a) as recommended by Lessor's insurance broker, provided th~t the amollnt of insurance recommended by such broker shall not exceed the amount customarily required or tenants ill comparable projects located within the general area of the Industrial Center, or (b) JS required by Lessor's lender. 9. Damage or Destruction. 9.1 Definitions. (a) "Premises Partial Damage" shall mean if the Premises are damaged or destroyed to the extcnt that the cost of repair is less than fLfty percent of the then replacement cost of the Premises. (b) "Prcmises Total Destruction" shaH mean if the Premises are damaged or destroyed to the extent that the cost of repair is fifty percent or more of the then replacement cost of the Premises_ (c) "Premiscs Building Partial Damage" shall mean if the Building of which the Premises arc a part is damaged or destroyed to the extent that the cost to repair is less than fi fiy percent of the then replacement cost of the Building. (d) "Premises Building Total Destruction" shaH mean if the Building of which the Premises are a part is damaged or dcstroyed to the extent that the eost to repair is fitly pcrcent or more of the then replacement cost of the Building. (e) "Industrial Center Buildings" shall mean all of the buildings on the Industrial . Center site. (f) "Industrial Center Buildings Total Destruction" shall mean if the Industrial Centcr Buildings are damaged or destroyed to the extent that the cost of repair is fLfty percent or more of the then replacement cost ofthe Industrial Center Buildings. (g) "Insured Loss" shalt mean damage or destruction that was caused by an event required to be covered by the insurance described in paragraph 8. The fact that an Insured Loss has a deductible amount shall not make the loss an uninsured loss. (h) "Replacement Cost" shat! mean the amount of money necessary to be spent in order to repair or rebuild the damaged area to the condition that existed immediately prior to the damage occurring, excluding all improvements made by lessees. 9.2 Premises Partial Damage; Premises Building Partial Damage. (a) Insured Loss: Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is an Insured Loss and which faJ(s into the classification of either Premises Partial Damage or Premises Building Partial Damage, then Lessor shall, at Lessor's expense, repair such damage to the Premises, but not Lessee's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in futl force and effect. (b) Uninsured Loss: Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the tenu of this Lease there is damage that is not an Insured Loss and that falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at its expense), which damage prevents Lessee from using the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, . in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's 11,..'til'lU,POUlIVDl."SIJP?QRTIAAOATA1AM911........t.IRoo.....U\AGRUMEN\oIt;II'loOl.d page 8 " (S:l"uDA rA IAMBIGE.fJERAl.IFORMS1RErr-U-M.DOC)