TeleNav 2011 Annual Report Download - page 139

foregoing limit Tenant’s liability if Tenant fails to perform such obligation. If this Lease is not terminated pursuant to Section 11.1
above, then,
following substantial completion of such Landlord Casualty Repairs, Tenant, at its expense and in accordance with Sections 8.2 , 8.3 and
8.4
above, shall perform the Tenant Casualty Repairs; provided, however, that if the estimated cost of the Tenant Casualty Repairs exceeds the
amount of insurance proceeds received by Tenant from Tenant’
s insurance carrier, Tenant shall not be required to spend more than the amount of
such proceeds, provided that the foregoing shall not relieve Tenant from the obligation to carry the property insurance required to be carried by
Tenant pursuant to Section 10.3.2 above and any Builder’s All Risk insurance required under Section 8.4
above or the Tenant Work Letter, nor
shall the foregoing limit Tenant’
s liability if Tenant fails to perform such obligation. If this Lease terminates with respect to any Buildings on
account of a Casualty, then, except as otherwise expressly to be assigned to Landlord (or to any party designated by Landlord) in this Lease,
Tenant shall be entitled to retain all insurance proceeds attributable to damage to the Tenant’
s Property and otherwise payable to Tenant under
Tenant’s insurance required under Section 8.4 , Section 10.3 or the Tenant Work Letter with respect to such Casualty.
11.3 Rent Abatement . Landlord shall not be required to repair any damage to Tenant’
s Property or be liable for any
inconvenience or annoyance to Tenant or its invitees, or for any injury to Tenant’
s business, resulting from any Casualty or from any repair of
damage resulting therefrom performed in accordance with this Lease; provided, however, that if any Casualty damages any Building or any
Exterior Area necessary for Tenant’
s access to any Building, then, during any time that, as a result of such damage, any portion of a Building is
untenantable for the conduct of the Permitted Uses being made of the Building or is inaccessible, the Monthly Rent shall be abated in proportion
to the rentable square footage of such affected or inaccessible portion of such Building. If the Landlord Casualty Repairs exclude any Tenant
Specialized Improvements or Alterations (or, in the event of a Casualty occurring before the Lease Commencement Date, for which Tenant shall
be responsible for repair and restoration of the Tenant Improvements and Landlord’
s Work in accordance with the Tenant Work Letter), then,
provided that Tenant is required to repair and restore the same as provided above or in the Tenant Work Letter, Tenant’
s right to rent abatement
under the preceding sentence shall continue until the earlier to occur of (a) the date that Tenant Casualty Repairs are completed by Tenant,
(b) the Final Restoration Date, or (c) the date that Tenant recommences business operations in the damaged portion of the Premises.
11.4 Waiver of Statutory Provisions . The provisions of this Lease, including this Article 11
, constitute an express agreement
between Landlord and Tenant with respect to any damage to or destruction of any part of the Premises, and any Law, including Sections 1932(2)
and 1933(4) of the California Civil Code, relating to rights or obligations concerning damage or destruction in the absence of an express
agreement between the parties shall not apply.
ARTICLE 12
NONWAIVER
No provision of this Lease shall be deemed waived by either party hereto unless it is expressly waived by such party in writing, and no
waiver of any breach of any provision hereof shall be deemed to be a waiver of any subsequent breach of such provision or any other provision
hereof. Landlord’
s acceptance of Rent shall not be deemed to be a waiver of any preceding breach by Tenant of any provision hereof, other than
Tenant’s failure to pay the particular Rent so accepted, regardless of Landlord’
s knowledge of such preceding breach at the time of such
acceptance. No acceptance of a lesser amount than the Rent herein stipulated shall be deemed a waiver of Landlord’
s right to receive the full
amount due, nor shall any endorsement or statement on any check or payment or any letter accompanying such check or payment be deemed an
accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’
s right to recover the full amount due.
No receipt of monies by Landlord from Tenant after the giving of any notice or after the termination of this Lease shall affect such notice or
reinstate or alter the length of the Lease Term or Tenant’
s right of possession hereunder. After the service of notice or the commencement of a
suit, or after a final judgment for possession of the Premises, Landlord may receive and collect any Rent due, and the payment of such Rent shall
not waive or affect such notice, suit or judgment.
ARTICLE 13
CONDEMNATION
If any part of the Premises is permanently taken for any public or quasi-
public use or purpose, by power of eminent domain or by
private purchase in lieu thereof (a “ Taking ”),
then this Lease shall terminate as to the portion of the Premises subject to the Taking, effective as
of the date possession is required to be surrendered to the authority. In addition, if any part of the Premises is permanently subject to a Taking,
which is so substantial that the Premises cannot reasonably be used by Tenant for the operation of its business, then Tenant may terminate this
Lease in its entirety or with respect to any
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