Reso 2005-787 - Laserfiche WebLink

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encumbering the Premlses, or any interest therein, (ii) such COnlesr shall nor subject the Landlord or Tenant ro criminal liabiliry; (iil) Tenant shall pay aJJ sums required in connection with such conlest; (iv) Tenant shall deposit with Landlord, as security, a sum egualto 12590 of the unpajd balance of the Real Estate Taxes so contested; (v) Tenant shall indemnify Landlord against liability for the same and holding the Premises free from the effect of such lien; and (vi) this shall not be deemed or construed in any way as relieving, modifying or exrending Tenant's covenants to payor its covenants to cause to be paid any such charges at the time and in the manner provided in this Paragraph or operate to relieve Tenant from its other obligations hereunder. In the event that Tenant fails to pay any obligations when due or to provide the security therefor as provided in this Paragraph and to diligently prosecute any contest of the same, Landlord may, upon thirty (30) days 3dvance wriuen notice to Tenant, pay such charges together with any interest and penalties and the same shall be repayable by Tenant [0 Landlord as Rent, 10 the extent the Tenant has not deposited such sums with Landlord as securiry as hereinabove provided, together wlth Lhe next payment of Base Rent then corning due, provided that, should Landlord reasonably detennine that the giving of such notice would risk Joss to rhe Premises, or any portion thereof, or cause damage to Landlord, then Landlord shaJJ give such written notice as is appropriate under the circumstances 17. Dam;! ~e or Destruction. A. In Lhe event that the Premises are damaged or destroyed by an event which occurs during the last twelve months of the Term hereof and (i) the Premises are damaged or destroyed by an event which does not require insurance coverage hereunder, and the cost of repair or rebuilding exceeds twenty percent (20%) of the entire replacement cost of Lhe Premises, or (ii) the Premises are damaged or destroyed by an insured event, but insurance proceeds received are less than eighty percent (80%) of the cost of repair or rebuilding, or (iji) in Tenant's reasonable opinion such rebuildi ng or repairs will take more than 180 days from the date of commencement of the work or repair or rebuilding, then Tenant shall have no obligation to rebuild or repair the Premises. provided that Tenant may elect to restore the Premises. Notwithstanding Tenant's election as provided in the preceding sentence or anything to the contrary contained herein, this Lease shall continue in full force and effect, and all Rent and other monies due under this Lease shall continue to be promptly paid by Ten3.1lt. All proceeds payable by reason of any loss or damage to the Premises, or any portion thereof, and insured under any policy of insurance required by this Lease (excluding Tenant's business inteffiJption insurance) shall be paid to Landlord and held by Lmdlord in trust and shall be made avallable for reconstruction or repair, as the case may be, of any damage to or destruction of the Premises, or any portion thereof, and shall be paid out by ~dlord from time to time for the reasonable costs of such construction or repair. Any excess proceeds of insurance remaining after the completion of the restoration or reconstruction of the Premises shall belong [0 Tenant~ In the event the insurance proceeds actually recejved by Landlord are insufficient to restore the Premises to substantially the same condition as existed prior to Lhe damage or destruction, Tenant shall be obligated to conlIibute any excess amounts needed to restore the Premises. Such difference shall be paid by Tenant to Landlord [0 be held in trust, together with any other insurance proceeds, for application (o the cost of repair and restoration. In the event neither Landlord nor Tenant is required to repair and restore and the Lease is terminated as described in this Paragraph 17(A), all ~1l A 95 I 0/ I 7 J 24 S. I 17 --""'" - y-- T-r t~ is..' ~ ~) IZ ~