Common use of Major Damage to Leased Premises Clause in Contracts

Major Damage to Leased Premises. Notwithstanding anything in this Lease contained, if in the opinion of the Landlord’s architect or engineer given within 30 business days of the happening of damage or destruction, the Leased Premises shall be damaged or destroyed by any hazard against which the Landlord is obligated to insure or has insured as provided for hereunder to the extent that the Leased Premises shall be incapable of being rebuilt or repaired or restored with reasonable diligence within six months after the occurrence of such damage or destruction, then, either the Landlord or the Tenant may, at its option, terminate this Lease by notice in writing to the other given within 15 days after the giving of the opinion by the Landlord’s architect or engineer. If notice is given by the Landlord or the Tenant under this Section 10.2, then this Lease shall terminate from the date of such damage or destruction and the Tenant shall immediately surrender the Leased Premises and all interest therein to the Landlord and the Rent shall be apportioned and shall be payable by the Tenant only to the date of such damage or destruction and the Landlord may thereafter re-enter and repossess the Leased Premises.

Appears in 2 contracts

Samples: Photowatt Technologies Inc., Photowatt Technologies Inc.

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Major Damage to Leased Premises. Notwithstanding anything in this Lease containedany other right of termination contained herein, if the Leased Premises shall be damaged or destroyed by any hazard, and if in the opinion of the Landlord’s architect or engineer engineer, given within 30 business days Business Days of the happening of said damage or destruction, the Leased Premises shall be damaged said damage or destroyed by any hazard against which the Landlord destruction is obligated to insure or has insured as provided for hereunder to the extent that the Leased Premises shall be incapable of being rebuilt or repaired or restored with reasonable diligence within six 6 months after the occurrence of such damage or destruction, then, either then the Landlord or the Tenant may, at its option, terminate this Lease by notice in writing to the other given within 15 days after the giving of the opinion by the Landlord’s architect or engineerother. If such notice is given by the Landlord or the Tenant under this Section 10.210.02, then this Lease shall terminate from on the date of such damage or destruction notice and the Tenant shall immediately surrender the Leased Premises and all interest therein to the Landlord and the Rent shall be apportioned and shall be payable by the Tenant only to the date of such damage or destruction and the Landlord may thereafter re-enter and repossess the Leased Premises. For greater certainty, it is understood and agreed that if this Lease is not terminated as aforesaid, upon substantial completion of the Landlord’s work, the Tenant shall repair or restore the Leased Premises as required by Section 7.06.

Appears in 1 contract

Samples: Lease (Alliance Data Systems Corp)

Major Damage to Leased Premises. Notwithstanding anything in this Lease contained, if in the opinion of the Landlord’s 's architect or engineer given within 30 business days of the happening of damage or destruction, the Leased Premises shall be damaged or destroyed by any hazard against which the Landlord is obligated to insure or has insured as provided for hereunder to the extent that the Leased Premises shall be incapable of being rebuilt or repaired or restored with reasonable diligence within six months after the occurrence of such damage or destruction, then, then either the Landlord or the Tenant may, at its option, terminate this Lease by notice in writing to the other given within 15 days after the giving of the opinion by the Landlord’s 's architect or engineer. If notice is given by the Landlord or the Tenant under this Section 10.210.02, then this Lease shall terminate from the date of such damage or destruction and the Tenant shall immediately surrender the Leased Premises and all interest therein to the Landlord and the Rent shall be apportioned and shall be payable by the Tenant only to the date of such damage or destruction and the Landlord may thereafter re-enter and repossess the Leased Premises.

Appears in 1 contract

Samples: Office Lease (Moventis Capital, Inc.)

Major Damage to Leased Premises. Notwithstanding anything contained in this Lease containedto the contrary, if in the opinion of the Landlord’s architect or engineer given within 30 business days of the happening of damage or destruction, the Leased Premises shall be damaged or destroyed by any hazard against which the Landlord is obligated to insure under this Lease; and if in the opinion of the Landlord's architect or has insured as provided for hereunder engineer, given within thirty (30) business days of the happening of said damage or destruction, said damage or destruction is to the extent that the Leased Premises shall be incapable of being rebuilt or repaired or restored with reasonable diligence within six (6) months after the occurrence of such damage or destruction, then, either then the Landlord or the Tenant may, at its option, terminate this Lease by notice in Office Lease – General Revised 01/2000 writing to the other given within 15 Tenant effective thirty (30) days after the giving of the opinion by the Landlord’s architect or engineernotice. If such notice is given by the Landlord or the Tenant under this Section 10.210.02, then this Lease shall terminate from on the date of such damage or destruction notice and the Tenant shall immediately surrender the Leased Premises and all interest therein to the Landlord and the Rent shall be apportioned and shall be payable by the Tenant only to the date of such damage or destruction and the Landlord may thereafter re-enter and repossess the Leased Premises.

Appears in 1 contract

Samples: Lease Extension and Amending Agreement (Nevada Geothermal Power Inc)

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Major Damage to Leased Premises. Notwithstanding anything in this Lease contained, if in the opinion of the Landlord’s 's architect or engineer given within 30 business days of the happening of damage or destruction, the Leased Premises shall be damaged or destroyed by any hazard against which the Landlord is obligated to insure or has insured as provided for hereunder to the extent that the Leased Premises shall be incapable of being rebuilt or repaired or restored with reasonable diligence within six months after the occurrence of such damage or destruction, then, either then the Landlord or the Tenant may, at its option, terminate this Lease by notice in writing to the other Tenant given within 15 days after the giving of the opinion by the Landlord’s 's architect or engineer. If notice is given by the Landlord or the Tenant under this Section 10.210.02, then this Lease shall terminate from the date of such damage or destruction and the Tenant shall immediately surrender the Leased Premises and all interest therein to the Landlord and the Rent shall be apportioned and shall be payable by the Tenant only to the date of such damage or destruction and the Landlord may thereafter re-enter and repossess the Leased Premises.

Appears in 1 contract

Samples: Lease Amending and Extension Agreement (Ym Biosciences Inc)

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