Common use of Greater Than 180 Days Clause in Contracts

Greater Than 180 Days. If the Premises or Buildings should be damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days after the date of such notice and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated during the unexpired portion of this Lease; or (2) electing to rebuild or repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty (30) days after Landlord’s receipt of notice of the damage or destruction. Notwithstanding the above, Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, on or about the Premises or paid for by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: School Lease

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Greater Than 180 Days. If the Premises or Buildings should be so damaged by Casualty to such extent --------------------- that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after the date notice from Landlord specifying such time period of such notice repair; and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event shall terminate and the Rent shall be abated during from the unexpired portion of date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease; or (2) electing to rebuild or repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty (30) days after Landlord’s receipt of notice of promptly commence and diligently prosecute to completion the repairs to the Premises, provided insurance proceeds are available to repair the damage or destruction. Notwithstanding the above, (except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations Improvements which may have been placedplaced in, on or about the Premises by or paid for by the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises are untenantable in whole or in part following such damageduring Landlord's repair thereof, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but proportionately from the date Tenant vacates all or a portion of the Premises only to the extent of rental abatement insurance proceeds are received by Landlord and only during the time and to the extent period that the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Participation Agreement (Mohawk Industries Inc)

Greater Than 180 Days. If the Premises or Buildings Building should be damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s 's estimation be reasonably completed within one hundred eighty (180) days after the date of such notice and receipt of required permits for such rebuilding or repair, then Landlord either party shall have the option option, to be exercised within thirty (30) days following receipt of either: Landlord's estimate, of either (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated during the unexpired portion of this Lease; Lease or (2) electing to rebuild or repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty (30) days after Landlord’s 's receipt of notice of the damage or destruction. If neither party elects to so terminate, Landlord shall commence to rebuild or repair the Premises diligently and in the manner reasonably determined by Landlord. Notwithstanding the above, Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, on or about the Premises or paid for by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Sublease Agreement (Divx Inc)

Greater Than 180 Days. If the Premises or Buildings should be damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days after the date of such notice and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event the Rent shall be abated during the unexpired portion of this Lease; or (2) electing to rebuild or repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty (30) days after LandlordXxxxxxxx’s receipt of notice of the damage or destruction. Notwithstanding the above, Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, on or about the Premises or paid for by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: School Lease

Greater Than 180 Days. If the Premises or Buildings Building should be damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days after the date of such notice and receipt of required permits for such rebuilding or repair, and such damage materially and adversely interferes with the conduct of Tenant’s business in the Premises, then Landlord either party shall have the option of either: (1) terminating right to cancel this Lease effective upon by giving the other party written notice within [ten (10)] days from the date of Landlord’s notice that material restoration of the occurrence of Premises cannot be made within such damage, in which event the Rent shall be abated during the unexpired portion of this Lease; one hundred eighty (180) day period or (2) electing notice that Landlord has elected not to rebuild or repair the Premises. Said cancellation shall be effective [thirty (30)] days from the first day that either party gives its notice to cancel. If either party elects to so cancel this Lease, Landlord shall proceed to rebuild and repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty (30) days after Landlord’s receipt of notice of the damage or destruction. Notwithstanding the above, except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations which may have been placed, placed on or about the Premises or paid for by Tenant. If the Premises are untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental rent abatement insurance proceeds received by Landlord during the time and to the extent the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Agreement of Sublease (Primal Solutions Inc)

Greater Than 180 Days. If the Premises or Buildings should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after the date notice from Landlord specifying such time period of such notice repair; and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event shall terminate and the Rent shall be abated during from the unexpired portion of date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease; or (2) electing , Landlord shall promptly commence and diligently prosecute to rebuild or completion the repairs to the Premises, provided insurance proceeds are available to repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty damage (30) days after Landlord’s receipt of notice of the damage or destruction. Notwithstanding the above, except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations improvements which may have been placedplaced in, on or about the Premises by or paid for by the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises are untenantable in whole or in part following such damageduring Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises and only during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent that the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Griffith Micro Science International Inc

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Greater Than 180 Days. If the Premises or Buildings Building should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after the date notice from Landlord specifying such time period of such notice repair; and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event shall terminate and the Rent shall be abated during from the unexpired portion of date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease; or (2) electing , Landlord shall promptly commence and diligently prosecute to rebuild or completion the repairs to the Premises, provided insurance proceeds are available to repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty damage (30) days after Landlord’s receipt of notice of the damage or destruction. Notwithstanding the above, except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations Improvements which may have been placedplaced in, on or about the Premises by or paid for by the benefit of Tenant; provided, however, that Landlord shall rebuild, repair or replace such Improvements so long as Tenant provides to Landlord any insurance proceeds that it receives pursuant to such damage or destruction). If Tenant is required to vacate all or a portion of the Premises are untenantable in whole or in part following such damageduring Landlord's repair thereof, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but proportionately from the date Tenant vacates all or a portion of the Premises only to the extent of rental abatement insurance proceeds are received by Landlord and only during the time and to the extent period that the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Sublease Agreement

Greater Than 180 Days. If the Premises or Buildings should be so damaged by Casualty to such extent --------------------- that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after the date notice from Landlord specifying such time period of such notice repair; and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event shall terminate and the Rent shall be abated during from the unexpired portion of date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease; or (2) electing , Landlord shall promptly commence and diligently prosecute to rebuild or completion the repairs to the Premises, provided insurance proceeds are available to repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty damage (30) days after Landlord’s receipt of notice of the damage or destruction. Notwithstanding the above, except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations Improvements which may have been placedplaced in, on or about the Premises by or paid for by the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises are untenantable in whole or in part following such damageduring Landlord's repair thereof, the Base Rent payable hereunder during the period in which they are untenantable shall be abated proportionately, but proportionately from the date Tenant vacates all or a portion of the Premises only to the extent of rental abatement insurance proceeds are received by Landlord and only during the time and to the extent period that the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Participation Agreement (Mohawk Industries Inc)

Greater Than 180 Days. If the Premises or Buildings Building should be so damaged by Casualty to such extent that rebuilding or repairs cannot in Landlord’s estimation be reasonably completed within one hundred eighty (180) days, either Landlord or Tenant may terminate this Lease by giving written notice within ten (10) days after the date notice from Landlord specifying such time period of such notice repair; and receipt of required permits for such rebuilding or repair, then Landlord shall have the option of either: (1) terminating this Lease effective upon the date of the occurrence of such damage, in which event shall terminate and the Rent shall be abated during from the unexpired portion of date Tenant vacates the Premises. In the event that neither party elects to terminate this Lease; or (2) electing , Landlord shall promptly commence and diligently prosecute to rebuild or completion the repairs to the Premises, provided insurance proceeds are available to repair the Premises diligently and in the manner determined by Landlord. Landlord shall notify Tenant of its election within thirty damage (30) days after Landlord’s receipt of notice of the damage or destruction. Notwithstanding the above, except that Landlord shall not be required to rebuild, repair or replace any part of any Alterations Excluded Improvements which may have been placedplaced in, on or about the Premises by or paid for by the benefit of Tenant). If Tenant is required to vacate all or a portion of the Premises are untenantable in whole or in part following such damageduring Landlord's repair thereof, the Base Rent payable hereunder shall be abated proportionately from the date Tenant vacates all or a portion of the Premises only during the period in which they are untenantable shall be abated proportionately, but only to the extent of rental abatement insurance proceeds received by Landlord during the time and to the extent that the Premises are unfit for occupancy.

Appears in 1 contract

Samples: Office Lease (Puma Technology Inc)

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