RDA Agmt 1997 Batarse Family Trust etc

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6.3 Repairs, Alteration, Reconstruction. Except as provided below, Tenant shall promptly and diligently repair, restore and replace as required to maintain or comply as above, or remedy all damage to or destruction of all or any part of the reader board sign and related improvements, if the cost of the work so required does not exceed sixty percent (60 %) of the replacement value of all the improvements. If the cost does exceed that percent, Tenant may, nevertheless, repair, restore and replace, as above, or may by notice elect instead to raze the improvements damaged or destroyed. Within sixty (60) days after such notice, Landlord may by notice elect to repair, restore and replace as above, and Tenant shall not raze until the expiration of the time for Landlord's notice of election. The completed work of maintenance, compliance, repair, restoration or replacement shall be equal in value, quality, and use to the condition of the improvements before the event giving rise to the work, except as expressly provided to the contrary in this Lease. Landlord shall not be required to furnish any services or facilities, or to make any repairs or alterations of any kind in or on the Premises. Landlord's election to perform any obligation of Tenant under this provision on Tenant's failure or refusal to do so shall not constitute a waiver of any right or remedy for Tenant's default, and Tenant shall promptly reimburse, defend, and indemnify Landlord against all liability, loss, costs and expense arising from it. Nothing in this provision defining the duty of maintenance shall be construed as limiting any right given elsewhere in this Lease to alter, modify, demolish, remove or replace any improvement. No deprivation, impairment or limitation of use resulting from any event or work contemplated by this Section shall entitle Tenant to any offset, abatement, or reduction in rent nor to any termination or extension of the term. In determining whether Tenant has acted promptly as required under this Section, one of the criteria to be considered is the availability of any applicable insurance proceeds. 7. OWNERSHIP OF IMPROVEMENTS 7.1 Tenant's Right to Improvements During Term. All improvements constructed on the Premises by Tenant as permitted by this Lease shall be owned by Tenant until expiration of the term, or any extension thereof, or sooner termination • of this Lease. Tenant shall not, however, remove any improvements from the Premises nor waste, destroy or modify any improvements on the Premises, except as permitted by this Lease. The parties covenant for themselves and all persons claiming under them that the improvements are real property. Automa11 Read Board Sign - Ground Lease Final 5/07/97 Page 9 of 22 •