Common use of Excessive Damage or Destruction Clause in Contracts

Excessive Damage or Destruction. If the Building is damaged or destroyed to the extent that Landlord determines that it cannot, with reasonable diligence, be fully repaired or restored by Landlord within one hundred eighty (180) days after the date of the damage or destruction, Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall in good faith determine whether the Building can be fully repaired or restored within the one hundred eighty (180) day period, and Landlord’s determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction whether it elects to fully repair or restore the Building. If Landlord determines that the Building can be fully repaired or restored within the one hundred eighty (180) day period, or if Landlord determines that such repair or restoration cannot be made within said period, but Landlord does not elect to terminate within forty-five (45) days from the date of Landlord’s determination, this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible.

Appears in 2 contracts

Samples: Lease (Zogenix, Inc.), Consent to Assignment Agreement (Zogenix, Inc.)

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Excessive Damage or Destruction. If the Building is damaged or destroyed to the extent that Landlord determines that it cannot, with reasonable diligence, be fully repaired or restored by Landlord within one hundred eighty (180) days after the date of the damage or destruction, Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall in good faith determine whether the Building can be fully repaired or restored within the one hundred eighty (180) day period, and Landlord’s 's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction whether it elects to fully repair or restore the Buildingdestruction. If Landlord determines that the Building can be fully repaired or restored within the one hundred eighty (180) day period, or if Landlord determines it is determined that such repair or restoration cannot be made within said period, period but Landlord does not elect to terminate within forty-five (45) days from the date of Landlord’s said determination, this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible. 10.04.

Appears in 1 contract

Samples: Office Lease (Vista Laser Centers of the Pacific Inc)

Excessive Damage or Destruction. If the Building is damaged or destroyed to the extent that Landlord determines that it cannot, with reasonable diligence, be fully repaired or restored by Landlord within one hundred eighty (180) days after the date of the damage or destruction, Landlord or Tenant may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall in good faith reasonably determine whether the Building can be fully repaired or restored within the one hundred eighty (180) day period, and Landlord’s 's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction whether it elects to fully repair or restore the Building. If Landlord determines that the Building can be fully repaired or restored within the one hundred eighty (180) day period, or if Landlord determines that such repair or restoration cannot be made within said period, but Landlord does not elect to terminate within forty-five (45) days from the date of Landlord’s 's determination, this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible.

Appears in 1 contract

Samples: Lease (Open Energy Corp)

Excessive Damage or Destruction. If Notwithstanding whether the Building is Leased Premises have been damaged or destroyed, if any of the Greenhouse Buildings are damaged or destroyed to the extent that Landlord determines that it they cannot, with reasonable diligence, be fully repaired or restored by Landlord within one hundred eighty (180) days after the date of the damage or destruction, Landlord or Tenant may terminate this Lease. Notwithstanding whether the fact that the Lease Premises have been damaged or destroyed, Landlord shall in good faith determine whether any of the Building other Buildings on the Premises damaged or destroyed can be fully repaired or restored within the one hundred eighty ninety (18090) day perioddays, and Landlord’s 's reasonable determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five twenty (4520) days after the date of the damage or destruction whether it elects to fully repair or restore the Buildingdestruction. If Landlord reasonably determines that any of the Building Buildings damaged or destroyed can be fully repaired or restored within the one hundred eighty ninety (18090) day period, or if Landlord determines that such repair or restoration cannot be made within said period, but Landlord does not elect to terminate within forty-five (45) days from the date of Landlord’s determinationdays, this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible.

Appears in 1 contract

Samples: Option Agreement (Agritope Inc)

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Excessive Damage or Destruction. If the Building is damaged or ------------------------------- destroyed to the extent that Landlord determines that it cannot, with reasonable diligence, be fully repaired or restored by Landlord within one hundred eighty (180) days after the date of the damage or destruction, Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall in good faith determine whether the Building can be fully repaired or restored within the one hundred eighty (180) day period, and Landlord’s 's determination shall be binding upon Tenant. If the Premises have been destroyed or damaged to the extent that Landlord determines that the Premises cannot, with reasonable diligence, be fully repaired or restored within one hundred eighty (180) days after the date of the damage or destruction, either Landlord or Tenant may terminate this Lease. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction whether it elects to fully repair or restore the Buildingdestruction. If Landlord determines that the Building or the Premises can be fully repaired or restored within the one hundred eighty (180) day period, or if Landlord determines it is determined that such repair or restoration cannot be made within said period, period but Landlord does not elect to terminate within forty-five (45) days from the date of Landlord’s determination, this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible[MISSING PAGE 23..... SECTION 11.] 11.

Appears in 1 contract

Samples: Sublease (Cybersource Corp)

Excessive Damage or Destruction. If the Building is damaged or destroyed to the extent that Landlord determines that it cannot, with reasonable diligence, be fully repaired or restored by Landlord within one hundred eighty (180) days after the date of the damage or destruction, Landlord may terminate this Lease. Notwithstanding the fact that the Premises have been damaged or destroyed, Landlord shall in good faith determine whether the Building can be fully repaired or restored within the one hundred eighty (180) day period, and Landlord’s 's determination shall be binding upon Tenant. Landlord shall notify Tenant of its determination, in writing, within forty-five (45) days after the date of the damage or destruction whether it elects to fully repair or restore the Building. If Landlord determines that the Building can be fully repaired or restored within the one hundred eighty (180) day period, or if Landlord determines that such repair or restoration cannot be made within said period, but Landlord does not elect to terminate within forty-five (45) days from the date of Landlord’s 's determination, this Lease shall remain in full force and effect and Landlord shall diligently repair and restore the damage as soon as reasonably possible.

Appears in 1 contract

Samples: Work Letter Agreement (NovaCardia Inc)

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