Common use of Partial Damage - Insured Loss Clause in Contracts

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor’s expense, repair such damage (but not Lessee’s Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor’s election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee’s responsibility) as and when required to complete said repairs. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

Appears in 2 contracts

Samples: Lease (SeaSpine Holdings Corp), Lease (SeaSpine Holdings Corp)

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Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor Landlord shall, at LessorTenant’s expense, repair such damage (but not LesseeTenant’s Trade Fixtures or Lessee Owned Alterations and Utility InstallationsTenant owned improvements) as soon as reasonably possible and this Lease shall continue in full force and effect; , provided, however, that Lessee Tenant shall, at LessorLandlord’s election, make the repair of any damage or destruction the total cost to of repair of which is $10,000 or less, and, in such event, Lessor Landlord shall make any applicable the insurance proceeds proceeds, if any, available to Lessee Tenant on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required if the insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party party responsible to maintaining the insurance shall promptly contribute the shortage in proceeds (except as to the deductible which is Lesseethe Tenant’s responsibility) as and when required to complete said repairs. Premises Partial Damage partial damage due to flood or earthquake shall be subject to Paragraph 9.3Section 3, following, rather than this Section, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Partyparty.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Orange 21 Inc.), 1commercial Lease Agreement (Orange 21 Inc.)

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured insured Loss occurs, then Lessor shall, at Lessor’s 's expense, repair such damage (but not Lessee’s 's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor’s election, shall make the repair of any damage or destruction the total cost to repair of which is $10,000 100,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee’s 's responsibility) as and when required to complete said repairs. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

Appears in 1 contract

Samples: Guitar Center Inc

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor’s 's expense, repair such damage (but not Lessee’s 's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor’s 's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable the insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee’s 's responsibility) as and when required to complete said repairs. Premises Partial Damage In the event, however, the shortage in proceeds was due to flood or earthquake shall be subject to Paragraph 9.3the fact that, notwithstanding that there may be some insurance coverage, but by reason of the net proceeds unique nature of any such insurance shall be made available for the repairs if made by either Party.the

Appears in 1 contract

Samples: Clontech Laboratories Inc

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor’s 's expense, repair such damage (but not Lessee’s 's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor’s 's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee’s 's responsibility) as and when required to complete said repairs. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

Appears in 1 contract

Samples: Petco Animal Supplies Inc

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Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured insured Loss occurs, then Lessor shall, at Lessor’s 's expense, repair such damage (but not Lessee’s 's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor’s 's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee’s 's responsibility) as and when required to complete said repairs. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Partyparty.

Appears in 1 contract

Samples: Lifepoint Inc

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor’s Lessors expense, repair such damage (but not Lessee’s Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor’s election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee’s responsibility) as and when required to complete said repairs. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.38.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

Appears in 1 contract

Samples: Eschelon Telecom Inc

Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor’s expense, repair such damage (but not Lessee’s Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor’s election, make the repair of any damage or destruction the total cost to repair of which is Ten Thousand Dollars ($10,000 10,000) or less, and, in such event, Lessor shall make any applicable the insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee’s responsibility) as and when required to complete said repairs. Unless otherwise agreed, Lessee shall in no event have any right to reimbursement from Lessor for any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.39.3 rather than Paragraph 9.2, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

Appears in 1 contract

Samples: Commercial Lease Agreement (Openwave Systems Inc)

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