Laserfiche WebLink
<br />is the releasing Party, it will also release the other tenants in the Building from any such liability <br />as if the other tenants were each a released Party under this section. Notwithstanding anything <br />contained in this Lease to the contrary, Landlord shall not be liable for any damage to person or <br />Party arising from the negligent act or omission or willful misconduct of any other tenant or <br />occupant of the Building and Tenant hereby expressly waives any claim for such damages. <br /> <br />ARTICLEX <br />CASUALTY AND CONDEMNATION <br /> <br />10.1. Casualty. <br /> <br />(a) Insubstantial Damage. If the Premises is damaged by fire or any other casualty <br />(the "Casualty Damage"), and the estimated cost to repair such Casualty Damage is less than <br />fifty percent (50%) of the estimated cost to replace the Premises, then Landlord shall repair <br />such Casualty Damage so long as sufficient insurance proceeds recovered as a result of such <br />Casualty Damage remain after deducting the amount of any expenses incurred in collecting <br />the insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event <br />shall Landlord be required to repair or replace: (1) the improvements to the Premises made <br />by Tenant; or (2) any trade fixtures, equipment, or inventory of Tenant (or any other person <br />or entity) located on, in, or about the Premises. <br /> <br />(b) Substantial Damage. If: (i) there is Casualty Damage to the Premises, and the <br />cost to repair such Casualty Damage is equal to or greater than fifty percent (50%) of the <br />estimated cost to replace the Premises; or (ii) there is Casualty Damage to the Building of <br />which the Premises is a part, and the cost to repair such Casualty Damage is equal to or greater <br />than twenty-five percent (25%) of the cost to replace the Building; then Landlord may elect <br />either to: (1) repair or rebuild the Premises, or the Building of which the Premises is a part; <br />or (2) terminate this Lease upon delivery of written notice to Tenant within ninety (90) days <br />after the occurrence of the Casualty Damage. <br /> <br />(c) Partial Abatement of Rent. Rent shall be abated proportionately (based upon <br />the proportion that the unusable space in the Premises due to the Casualty Damage bears to <br />the total space in the Premises) for each day that the Premises or any part thereof is unusable <br />by reason of any Casualty Damage. <br /> <br />(d) Repair of Tenant Improvements. If Landlord is required or elects to repair <br />the Premises, then Tenant shall repair or replace: (i) the alterations, improvements, and <br />additions to the Premises made by Tenant; and/or (ii) any equipment of Tenant located on, <br />in, or about the Premises. <br /> <br />(e) Notice. Tenant shall give Landlord prompt written notice of any Casualty <br />Damage in or to the Premises, or to the Common Areas of which Tenant has knowledge. <br /> <br /> <br />ARTICLE XI <br />SURRENDER