Carbonite 2011 Annual Report Download - page 123

8.4 Removal of Tenant’s Personal Property . Tenant agrees that, upon the expiration, or on or before the date ten (10) calendar days prior to the
earlier termination, of the Term this Lease, Tenant shall at Tenant’s sole cost and expense, promptly remove all of Tenant’s Personal Property, and shall
restore those portions of the Building, the Datacenter, and/or the Tenant Space damaged by such removal of (or by the initial installation of) such
Tenant’s Personal Property to their condition existing immediately prior to the installation or placement of such items (including the replacement of all
damaged floor tiles in the Premises), ordinary wear and tear, and damage caused by a Casualty Event, Taking or default of Landlord excepted. If Tenant
fails to promptly remove any such Tenant’s Personal Property pursuant to this Section 8.4, Landlord shall have the right to cause the removal of such
Tenant’s Personal Property and the restoration of those portions of the Building, the Datacenter, and/or the Tenant Space damaged by such removal to
their condition existing immediately prior to the installation or placement of such Tenant’s Personal Property, ordinary wear and tear, and damage
caused by a Casualty Event, Taking or default of Landlord excepted, in which case Tenant agrees to reimburse Landlord within thirty (30) days of
Landlord’s demand therefor, for all of Landlord’s reasonable costs of removal and restoration plus an administrative fee equal to ten percent (10%) of
such costs.
9.1 Casualty Events; Takings .
9.1.1 Casualty Events
. If, during the Term of this Lease, any portion of the Building, the Datacenter, or the Tenant Space shall be damaged
or destroyed, in whole or in part, by a Casualty Event, Landlord shall, subject to the terms of this Section 9.1.1, and Sections 9.1.1.1 and 9.1.1.2, below,
cause the Casualty Repair to occur. Landlord shall provide the Casualty Repair Notice to Tenant as soon as is reasonably practicable following the
Casualty Event. For the avoidance of doubt, however, such repair and reconstruction obligation shall not be deemed to include any obligation on the part
of Landlord with regard to any Alteration other than Landlord’s Installations and Landlord’s OS Installations, nor any of Tenant’s Personal Property.
9.1.1.1 Landlord’s Termination Right . Notwithstanding the foregoing, in the event that the Repair Period-Estimated exceeds
ninety (90) calendar days, Landlord shall have the right to terminate this Lease by, and effective upon, written notice to Tenant as part of the Casualty
Repair Notice.
9.1.1.2 Tenant’s Termination Right . If (a) a Casualty Event causes damage to the Tenant Space, or (b) a Casualty Event causes
damage to the Building, such that Tenant is prevented from accessing the Premises or the Tenant Space is unfit for use by Tenant in the ordinary course
of Tenant’s business, then Tenant shall have the right to terminate this Lease by, and effective upon, written notice to Landlord if (i) the Repair Period-
Estimated exceeds one hundred twenty (120) calendar days (in which case Tenant must provide written notice to Landlord of such termination within
ten (10) business days after Tenant’s receipt of the Casualty Repair Notice), or (ii) the Repair Period-
Actual exceeds ninety (90) calendar days (in which
case Tenant must provide written notice to Landlord of such termination prior to the one hundredth (100 ) calendar day of the Repair Period-Actual).
-
23
-
9.
CASUALTY EVENTS; TAKINGS; INSURANCE
.
th