No Restoration. Advance (including the final Restoration Advance) in respect of any fire or other casualty or any Partial Taking shall be due unless:
No Restoration. The Plan Administrator will not restore a re-employed Participant's Account Balance under this Section 5.04 (B) if:
No Restoration. Because the 3-5-6 Floor Premises will after the 3-5-6 Floor Surrender Date be occupied by CPS under a direct lease between Landlord and CPS, Tenant shall have no obligation or right to make or remove any tenant improvements or alterations with respect to the 3-5-6 Floor Premises before or after the 3-5-6 Floor Surrender Date, or, subject to Section 3(e) below with respect to the Third Floor Premises, any obligation to repair or restore any portions of the 3-5-6 Floor Premises, notwithstanding any of the surrender provisions of the Lease to the contrary; provided, however, that (i) Tenant shall remain responsible to repair any damage caused to any portion of the 3-5-6 Floor Premises caused by Tenant or its agents, employees or contractors; and (ii) if Xxxxxxx damages any portion of the Third Floor Premises under the Xxxxxxx Sublease, Xxxxxxx shall remain responsible to repair such damage and Tenant shall promptly at Landlord’s request assign to Landlord all of Tenant’s rights, claims and causes of action that Tenant may have against Xxxxxxx under the Xxxxxxx Sublease with respect thereto (provided, however, that Landlord shall indemnify, defend, protect and hold harmless Tenant from and against any claims and causes of action that Xxxxxxx may bring against Tenant as a result of Landlord’s exercise of any such assigned rights, claims and causes of action against Xxxxxxx, except to the extent arising from Tenant’s default under the Xxxxxxx Sublease); and (iii) on or before the 3-5-6 Floor Surrender Date, Tenant shall remove its security and communications systems and cabling from the 3-5-6 Floor Premises and repair any damage resulting therefrom; provided, however, that to the extent that CPS requests in writing prior to the 3-5-6 Floor Surrender Date for some or all of the security and communications systems and cabling to remain in the 3-5-6 Floor Premises, Tenant shall leave such systems and cabling in place and the same shall be deemed abandoned and become the property of Landlord (or, at Landlord’s election, of CPS).
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by Section 14.2 of this Lease to provide insurance, or in the event that the damage occurs during the last year of the Lease Term (or any renewal or extension thereof) and Tenant does not elect to renew or extend the Lease pursuant to the terms hereof, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage.
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that the cost of restoration exceeds $350,000 and any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, or in the event that such damage is the result of any casualty other than a casualty for which Landlord is required by Section 14.2 of this lease to provide insurance, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire Premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within thirty (30) sixty (60) days of the date of the damage, provided, however, that should Landlord elect to not restore the premises, Tenant may, at its option, terminate this Lease by sending written notice of termination to Landlord within forty-five (45) days of the date Tenant receives written notice of Landlord's election. In the event that the Leased Premises cannot be restored within one hundred twenty (120) days of the date of such damage, then
No Restoration. Seller has received no notice, and to Seller's knowledge, there is no material restoration, repaving, repair, or other work required to be made by Seller to any street, sidewalk, or abutting or adjacent areas, required by ordinance, code, permit, easement, contract, or otherwise, relating to any installation of cable, conduits, curb cuts, or other construction of the distribution system of the System.
No Restoration. The Subtenant shall not be required to return the Subleased Premises to base building condition or remove its leasehold improvement at the expiry of the sublease term or earlier termination thereof. The Subtenant shall have the right but not the obligation to remove its fixtures, subject to the Sublandlord's approval, acting reasonably, provided any damage is repaired by the Subtenant.
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that (i) any mortgagee of the Premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the Premises, (ii) such damage is the result of any casualty other than a casualty for which Landlord is required to provide insurance, (iii) the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the Building and Property, (iv) the casualty renders any substantial part of the Premises untenantable and at the time, less than two (2) years remain until the expiration of the Term, or (v) any part of the Building or Property is damaged to the extent that in Landlord’s judgment, restoration is not practical (whether or not the Premises have been damaged by the casualty), then Landlord, at Landlord's option, shall be released from the obligation to restore the Premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within sixty (60) days of the date of the damage and Landlord or Tenant may terminate this Lease by providing the other with thirty (30) days prior written notice.
No Restoration. Notwithstanding anything contained hereinabove to the contrary, in the event that any mortgagee of the premises refuses to make the proceeds of Landlord's insurance immediately available to Landlord for the restoration of the premises, or in the event that the cost of such restoration is estimated to exceed eighty percent (80%) of the replacement cost of the entire premises, then Landlord, at Landlord's option, shall be released from the obligation to restore the premises by giving notice of such event and of Landlord's election not to so restore, which notice must be given to Tenant within forty-five (45) days of the date of the damage, in which event Tenant may terminate the Lease effective upon the date of destruction and receive a refund of any rents paid for the period of time after the destruction.
No Restoration. Landlord hereby acknowledges that Tenant shall not be required to restore any portion of the Tenant Improvements constructed in the Expansion Premises that are specifically set forth on the Approved Space Plan. EXHIBIT B -3- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 1 TO EXHIBIT B APPROVED SPACE PLAN SCHEDULE 1 TO EXHIBIT B -1- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 1 TO EXHIBIT B -2- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B SCOPE OF WORK SCHEDULE 2 TO EXHIBIT B -1- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -2- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -3- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -4- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] SCHEDULE 2 TO EXHIBIT B -5- HCP LIFE SCIENCE REIT, INC. [First Amendment] [Pulse Biosciences, Inc.] EXHIBIT C
