Common use of Damage Near End of Term Clause in Contracts

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met to repair exceeds one month's Base Rent, whether or not an insured Loss, Lessor may terminate MIS Lease effective 60 days following the dale of occurrence of such damage by giving a written lamination xxxice m Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS Lease or to purchase me Premises, then Lessee may preserve this Lease by, (a) exercising such Option and (b) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me date which Is 10 days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Lease (Aegis Assessments Inc)

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's months Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's Lessees receipt or Xxxxxx's of Lessors written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's Lessees option shall be extinguished.

Appears in 1 contract

Samples: Office Lease (Icon Vapor, Inc.)

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Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Loss, Lessor may terminate MIS this Lease effective affective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then than Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then than this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Work Letter Agreement (Nexsan Corp)

Damage Near End of Term. If at any time during the last 6 months year of this Lease there is damage for which the met cost to repair exceeds one two (2) month's Base ’s Fixed Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS Lease or to purchase me Premisesthis Lease, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Lease Agreement (SAVVIS, Inc.)

Damage Near End of Term. If at any time during the last 6 months three (3) years of this the Lease Term there is damage for which the met cost to repair exceeds one month's 25% of the Base RentRent which is to be paid for the remainder of the Term, whether or not an insured Lossinsurance proceeds are available to restore the Premises, Lessor may Landlord may, at Landlord's option, terminate MIS this Lease effective 60 days following as of the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee notice to Tenant of Landlord's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee Tenant at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee Tenant may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), exercising such Option and (b) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me date which Is 10 days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to the date upon which such option expiresoption. If Lessee Tenant duly exercises such option during such period said Exercise Period and provides Lessor Landlord with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor Landlord shall, at LessorLandlord's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Landlord may at Landlord's option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to Tenant of Landlord's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee's grant of option shall be extinguishedto the contrary.

Appears in 1 contract

Samples: Apria Healthcare Group Inc

Damage Near End of Term. If at any time during the last 6 six (6) months of the Term of this Lease there is damage for which the met cost to repair exceeds one (1) month's ’s Annual Base Rent, whether or not an insured Insured Loss, Lessor may Landlord may, at Landlord’s option, terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee notice to Tenant of Landlord’s election to do so within 30 fifteen (15) days after the date of occurrence of such damage. Notwithstanding the foregoing; provided, however, that if Lessee Tenant at that time has an exercisable option to extend MIS Lease or to purchase me Premisesthis Lease, then Lessee Tenant may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier (“Exercise Period”), (i) exercising such Option option, and (bii) providing Lessor Landlord with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me date which Is 10 days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee Tenant duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceedssaid Exercise Period, Lessor Landlord shall, at Lessor's commercially reasonable expense, Landlord’s expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and during said Exercise Period or fails to provide such Landlord with funds (or adequate assurance during such periodthereof) to cover any shortage in insurance proceeds, then either party may at its option terminate this Lease shall terminate on as of the date specified expiration of said sixty (60) day period following the occurrence of such damage by giving written notice to the other within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee's grant of option shall be extinguishedto the contrary.

Appears in 1 contract

Samples: Office Lease (Zones Inc)

Damage Near End of Term. If Subject to the following sentence, if at any time during the last 6 months year of the Term of this Lease as extended from time to time there is damage for which the met to repair exceeds one month's Base Rentsubstantial damage, whether or not an insured Insured Loss, Lessor which falls within the classification of Partial Damage, either party may at its option cancel and terminate MIS this Lease effective 60 days following as of the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee notice to the other party, within 30 thirty days after the date of occurrence of such damage, of the: first party's election to terminate. Notwithstanding the foregoing, if Lessee at in the event that time Tenant has an exercisable option to extend MIS Lease or renew this Lease, and the time within which said option may be exercised has not yet expired, Tenant shall exercise such option, if it is to purchase me Premisesbe exercised at all, then Lessee may preserve this Lease by, (a) exercising such Option and (b) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me date which Is 10 no later than thirty days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to occurrence of an Insured Loss falling within the date upon which such option expiresclassification of Partial Damage during the last year of the Term. If Lessee Tenant duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceedsthe thirty day period, Lessor Landlord shall, at LessorLandlord's commercially reasonable expense, repair such damage damage, but not Tenant's fixtures, equipment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that if Landlord has maintained the required insurance coverages as set forth in Section 11.3, in no event shall Landlord be obligated to spend for such repairs more than the amount of available insurance proceeds, plus the amount of any deductible elected by Landlord. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such the thirty day period, then Landlord may at Landlord's option terminate and cancel this Lease shall terminate on as of the date specified in of the termination notice and Lessee's option shall be extinguishedoccurrence of such damage.

Appears in 1 contract

Samples: Lease (Sports Arenas Inc)

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten (10) days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: En Pointe Technologies Inc

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may may, at Lessor's option, terminate MIS this Lease effective 60 days following as of the dale date of the occurrence of such damage by giving a written lamination xxxice m notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, within twenty (a20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("EXERCISE PERIOD"), (i) exercising such Option option and (bii) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me date which Is 10 days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor may at Lessor's option terminate this Lease shall terminate on as of the date specified of the occurrence of such damage by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the termination notice and Lessee's grant of option shall be extinguishedto the contrary.

Appears in 1 contract

Samples: Marketing Specialists Corp

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 80 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within with 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly duty exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) thereon to Cover cover any shortage in insurance proceeds, . Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Letter Agreement (Virco MFG Corporation)

Damage Near End of Term. If at any time lime during the last 6 months of this Lease there is Is damage for which the met cost to repair exceeds one month's Base Rent, . whether or not an en insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee termination notice to Losses within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if If Lessee at that time has an exercisable execrable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in In Insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i1) me the date which Is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's Lassoes commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: American Consolidated Management Group Inc

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance Insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Quality Systems Inc

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may or Lessee may, at their respective option, terminate MIS this Lease effective 60 days following by giving notice to the dale of occurrence other of such damage by giving a written lamination xxxice m Lessee party's election to do so within 30 thirty (30) days after the date of the occurrence of such damage. Notwithstanding In such event, this Lease shall terminate as of the foregoingdate of such notice; provided, however, if Lessee at that the time has an exercisable option to extend MIS Lease or to purchase me Premisesthis Lease, then Lessee may preserve this Lease by, (a) by exercising such Option and option within twenty (b20) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) needed to make days following the repairs on occurrence of damage or before me Canter the expiration of (i) me date which Is 10 days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to the date upon which time provided in such option expiresfor its exercise, whichever is earlier (the "Exercise Period"). If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceedssaid Exercise Period, Lessor shall, at Lessor's commercially reasonable expenseif and to the extent required under this Paragraph 9, repair such damage as soon as reasonably possible and this Lease shall shall, subject to the provisions of this Paragraph 9, continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then Lessor or Lessee may, at their respective option, terminate this Lease by giving written notice to the other of its election to do so within ten (10) days after the expiration of the Exercise Period, notwithstanding any term or provision in the grant of option to the contrary. In such event, this Lease shall terminate on as of the date specified in the termination notice and Lessee's option shall be extinguishedof such notice.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Spectratek Technologies Inc)

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me the date which Is 10 is twenty (20) days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Acadia Pharmaceuticals Inc

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if foregoing Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Multi Tenant Office Lease (Energy Vault Holdings, Inc.)

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's month‘s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lesser’s receipt of Lessee's receipt or Xxxxxx's ’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Multi Tenant Office Lease (Ventyx Biosciences, Inc.)

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may may, at Lessor's option, terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee Lease may preserve this Lease byby within twenty (20) days following the occurrence of the damage, or before the expiration of the time provided in such option for its exercise, whichever is earlier ("Exercise Period"), (aI) exercising such Option option and (bII) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me date which Is 10 days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee duly exercises such option during such period said Exercise Period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. effect If Lessee fails to exercise such the option and provide such funds or assurance during such period, then than this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee's option shall be extinguishedfirst sentence of this Paragraph 9.5.

Appears in 1 contract

Samples: American Custom Components Inc

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall will continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.and

Appears in 1 contract

Samples: Converse Inc

Damage Near End of Term. If at any time during the last 6 B months of this Lease there is Is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, . if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me Premisesthe Promises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance proceeds (or Or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (iiII) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effectaffect. If Lessee Losses fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in In the termination notice and LesseeLesses's option shall be extinguished.

Appears in 1 contract

Samples: Motorcar Parts America Inc

Damage Near End of Term. If at any time during the last 6 six months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Vital Therapies Inc

Damage Near End of Term. If at any time during the last lest 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if . If Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails fells to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Trimedyne Inc

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover xxxxx any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Occam Networks Inc/De

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor or Lessee may at their respective options terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee notice to the other party of the party's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing; provided, however, that if Lessee at that the time has an exercisable option to extend MIS Lease or to purchase me Premisesthis Lease, then Lessee may preserve this Lease by, (a) by exercising such Option and (b) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) needed to make option before the repairs on or before me Canter earlier of (i) me date which Is 10 within ten (10) days after of Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such an option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceedsperiod, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee's first sentence of this Paragraph; provided, however, that in the event Lessor fails to repair the damage to the Premises in a timely manner, Lessee shall have the option shall be extinguishedto use the proceeds of such insurance obtained by Lessor to perform the repairs of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Pacific Crest Capital Inc)

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, . if Lessee at that time #me has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is Which is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Nextest Systems Corp

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: files.gabbart.com

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor or Lessee may terminate MIS this Lease (but Lessee's termination rights shall only apply if Lessee did not cause the damage) effective 60 thirty (30) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, . then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i1) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, ;Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Divine Inc

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one month's (1) months' Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.and

Appears in 1 contract

Samples: Sublease Agreement (Andromedia Inc)

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) undertaking and completing all needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair repairs such damage as soon as reasonably possible and possible, this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide commences such funds or assurance repair during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Cupertino Electric Inc

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: static1.squarespace.com

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after LesseeLessed's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Office Lease (Villageedocs Inc)

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's ’s Base Rent, whether or not an insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date rate upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) , to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.. 9.6

Appears in 1 contract

Samples: Prolong International Corp

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. , Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (bh) providing Lessor with any shortage in Insurance In insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after LesseeXxxxxx's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date xxxx upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance In Insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in In full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date data specified in In the termination notice and LesseeXxxxxx's option shall be extinguished.

Appears in 1 contract

Samples: Reeds Inc

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Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may may, at Lessor's option, terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) by exercising such Option and (b) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) needed to make the repairs option on or before me Canter the later of (i) me the date which Is 10 is ten (10) days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceedsperiod, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such periodoption, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee's option shall be extinguishedfirst sentence of this Paragraph 9.5.

Appears in 1 contract

Samples: Spectranetics Corp

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor either party may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee notice to the other party of its election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option, and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten (10) days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee's option shall be extinguishedfirst sentence of this Paragraph 9.5.

Appears in 1 contract

Samples: Cardiodynamics International Corp

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one 1 month's ’s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 90 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Lease Agreement (RxSight, Inc.)

Damage Near End of Term. If at any time during the last 6 twelve (12) months of the term of this Lease there is damage for which the met cost to repair exceeds one two (2) month's Base Rentrent, whether or not an insured Insured Loss, Lessor may Landlord and Tenant may, at their option, terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee notice to the other party of their election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee Tenant at that time has an exercisable option to extend MIS this Lease or to purchase me Premises, then Lessee Tenant may preserve this Lease by, within twenty (a20) days following the receipt of the termination election by Landlord ("Exercise Period"), (i) exercising such Option option and (bii) providing Lessor provide Landlord with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter of (i) me date which Is 10 days after Lessee's receipt or Xxxxxx's written notice purporting to terminate MIS Lease, or (ii) the day prior to the date upon which such option expiresrepairs. If Lessee Tenant duly exercises such option during such period said Exercise Period and provides Lessor Landlord with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor Landlord shall, at LessorLandlord's commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee Tenant fails to exercise such option and provide such funds or assurance during such periodsaid Exercise Period, then if Landlord has exercised its option to terminate this Lease, the Lease shall terminate on as of the date specified expiration of said sixty (60) day period , notwithstanding any term or provision in the termination notice and Lessee's grant of option shall be extinguished.to the contrary. F.

Appears in 1 contract

Samples: Burke Industries Inc /Ca/

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after aGer the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effecteffect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Guaranty of Lease (International Stem Cell CORP)

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of or such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Growlife, Inc.

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i1) me the date which Is 10 days after is TEN DAYS AFTER Lessee's receipt or Xxxxxx's of Lessors written notice purporting to terminate MIS this Lease, or (iiI!) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's Lessors commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails falls to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in In the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Relocation Agreement (Tangible Asset Gallaries Inc)

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is a damage for which the met cost to repair exceeds one on month's Base Rent, whether or not an insured Insured Loss, Lessor or Lessee may terminate MIS this Lease effective 60 days following as of the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee notice to the other of its election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then the Lessee may preserve this Lease by, by (a) exercising such Option option, and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten (10) days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee's option shall be extinguishedfirst sentence of Paragraph 9.5.

Appears in 1 contract

Samples: Service Agreement (Releasenow Com Corp)

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. effect If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Newave Inc

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option, and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten (10) days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, . Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Somera Communications Inc

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option and (b) providing Lessor with any shortage in Insurance proceeds (or adequate assurance thereof) option needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover any shortage in insurance proceedsthe extent otherwise required by this Section 9, Lessor shall, at Lessor's and/or Lessee's, as applicable, commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Litronic Inc

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after LesseeXxxxxx's receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and LesseeXxxxxx's option shall be extinguished.

Appears in 1 contract

Samples: Oculus Innovative Sciences, Inc.

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met cost to repair exceeds one month's ’s Base Rent, whether or not an insured Insured Loss, Lessor or Lessee may terminate MIS this Lease effective 60 ninety (90) days following the dale date of occurrence of such damage by giving a written lamination xxxice m Lessee termination notice to the other party within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS Lease or to purchase me Premisesthis Lease, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is thirty (30) days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Single Tenant Lease (Transdigm Holding Co)

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, shall at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Communications & Power Industries Inc

Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the met to repair exceeds one month's Base Rentsubstantial damage, whether or not an insured Insured Loss, Lessor may terminate MIS Lease effective 60 days following the dale of occurrence of such damage this Lease, at Lessor’s option, by giving a written lamination xxxice m termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is is 10 days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's ’s option shall be extinguished.

Appears in 1 contract

Samples: Center Lease (Yoshiharu Global Co.)

Damage Near End of Term. If at any time during the last 6 fifteen (15) months of the Term of this Lease there is damage for which the met cost to repair exceeds one three (3) month's ’s Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 sixty (60) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time time, has an exercisable option to extend MIS Lease or to purchase me PremisesExtension Option under Paragraph 52, below, then Lessee may preserve this Lease by, (a) exercising such Extension Option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten (10) days after Lessee's ’s receipt or Xxxxxx's of Lessor’s written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option Extension Option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's ’s commercially reasonable expense, repair such damage as soon as reasonably possible possible, and this Lease shall continue in full force and effecteffect (i.e., the damages shall be treated as a Premises Partial Damage and the provisions of Paragraph 9.2 or 9.3, above, as applicable, shall apply). If Lessee fails to exercise such option Extension Option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option ’s Extension Option shall be extinguishednull, void and of no force or effect.

Appears in 1 contract

Samples: Industrial Lease (Solyndra, Inc.)

Damage Near End of Term. If at any time during the last 6 six (6) months of the term of this Lease there is damage for which the met cost to repair exceeds one month's Base Rent, whether or not an insured Loss, Lessor may may, at Lessor's option, terminate MIS this Lease effective 60 days following the dale of occurrence of such damage See Rider Paragraph 23 by giving a written lamination xxxice m notice to Lessee of Lessor's election to do so within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoingProvided, however, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option, and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (iI) me the date which Is 10 is ten (10) days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises exercise such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, expense repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on as of the date specified set forth in the termination notice and Lessee's option shall be extinguishedfirst sentence of this Paragraph 9.5.

Appears in 1 contract

Samples: Agreement (Restoration Hardware Inc)

Damage Near End of Term. If at any time during the last 6 six (6) months of this Lease there is damage for which the met cost to repair exceeds one (1) month's Base Rent, whether or not an insured Insured Loss, Lessor may terminate MIS this Lease effective 60 sixty (60) days following the dale date of occurrence of such damage by giving a written lamination xxxice m termination notice to Lessee within 30 thirty (30) days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend MIS this Lease or to purchase me the Premises, then Lessee may preserve this Lease by, by (a) exercising such Option option and (b) providing Lessor with any shortage in Insurance insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before me Canter the earlier of (i) me the date which Is 10 is ten days after Lessee's receipt or Xxxxxxof Lessor's written notice purporting to terminate MIS this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to Cover cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option option, and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished.

Appears in 1 contract

Samples: Standard Lease Agreement (Sirena Apparel Group Inc)

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