Common use of Partial Damage - Uninsured Loss Clause in Contracts

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.5, if, at any time during the term hereof, there is damage which is not an Insured Loss and which falls within the classification of Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may, at Landlord's option, either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant, within thirty (30) days after the date of the occurrence of such damage, of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right, within ten (10) days after the receipt of such notice, to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.5, if, at any time during the term hereof, there is damage which If Premises Partial Damage that is not an Insured Loss and which falls within the classification of Property Partial Damageoccurs, unless caused by a negligent or willful act of Tenant or any member of the Tenant Group (in which event Tenant shall make or pay Landlord for the repairs repairs, at TenantLandlord's expenseelection, and this Lease shall continue in full force and effect), Landlord may, may at Landlord's option, either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant, Tenant within thirty sixty (3060) days after the date receipt by Landlord of knowledge of the occurrence of such damage, damage of Landlord's intention desire to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right, right within ten five (105) days after the receipt of such notice, notice to give written notice to Landlord of Tenant's intention commitment to pay for the repair of such damage totally at Tenant's expense and without reimbursement from Landlord, in which . Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within fifteen (15) days following such commitment from Tenant. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant does not give such notice and provide the funds or assurance thereof within such ten (10) day periodthe time specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Landlord's notice of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlordtermination.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.5Paragraph 9.4, if9.5 and 9.6, if at any time during the term hereof, of this Lease there is damage which is not an Insured Loss and which falls within the classification of Property Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs at TenantLessee's expense) (to the extent caused by the negligent or willful acts of Lessee), Landlord may, Lessor may at LandlordLessor's option, option either (i) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant, Lessee within thirty (30) days after the date of the occurrence of such damage, damage of LandlordLessor's intention to cancel and terminate this Lease Lease, as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense expense, without reimbursement from LandlordLessor, in which event this Lease lease shall continue in full force and effect, and Tenant Lessee shall proceed to make such repairs as soon as reasonably possible. If Tenant Lessee does not give such notice within such ten (10) -day period, period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject Notwithstanding anything to the provisions of Section 8.5contrary contained herein, if, at any time during the term hereof, there is if a Premises Partial Damage occurs and such damage which is not an Insured Loss completely covered (less any applicable deductible) by the insurance described in [***] The asterisks denote that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934. The confidential portions have been submitted separately to the Securities and which falls within the classification of Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expenseExchange Commission ‘Paragraph 8.3(a), Landlord may, at Landlord's option, then Lessor may either (i) repair such damage effect Restoration (but not as to Excluded Equipment, Additional Data Center Fixtures or Lessee Owned Alterations, Utility Installations and other items owned by Lessee during the Term) as soon as reasonably possible at Landlord's expense, in which event Lessor’s expense and this Lease shall continue in full force and effect, or (ii) to give written notice to Tenant, Lessee within thirty sixty (3060) days after the date of the occurrence of such damage, damage of Landlord's Lessor’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In ; provided, however, in the event Landlord Lessor elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant Lessee shall have the rightright in writing to Lessor within 15 days thereafter, within ten (10) days after the receipt of at Lessee’s option to effect such notice, to give written notice to Landlord of Tenant's intention to repair such Restoration damage as soon as reasonably possible at Tenant's Lessee’s expense without reimbursement from Landlord, in which event and this Lease shall continue in full force and effecteffect provided, the Term shall toll for a period equal to the period of Restoration, not to exceed a maximum of 12 months. As a condition to effectuating such Restoration, Lessor may require Lessee to provide Lessor with reasonably adequate security to assure Lessor and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day periodits Lender, this Lease shall be cancelled and terminated as if any, of payment by Lessee for the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of LandlordRestoration.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.511.4 and 11.5 and 11.6, if, if at any time during the term hereof, Lease Term there is damage which is not an Insured Loss and which falls within the classification of Property Premises Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expenseexpense to the extent such repairs are not covered by insurance to be provided under this Lease), Landlord may, may at Landlord's option, option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant, Tenant within thirty (30) days after the date of the occurrence of such damage, of Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord elects to give such notice damage of Landlord's intention to cancel and terminate this Lease, . Tenant shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within with such ten (10) 10 day period, period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.5, if, at any time during the term hereof, there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Property Partial Damageoccurs, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's ’s sole cost and expense), Landlord may, at Landlord's option, either may either: (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give either party may terminate this Lease by giving written notice to Tenant, the other party within thirty (30) days after the date receipt by Landlord of the occurrence of such damage, of Landlord's intention to cancel and terminate this Lease as of the date knowledge of the occurrence of such damage. Such termination shall be effective sixty (60) days following the date of such notice. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right, right within ten (10) days after the receipt of such notice, the termination notice to give written notice to Landlord of Tenant's intention ’s commitment to pay for the repair of such damage at Tenant's expense without reimbursement from Landlord, in which . Tenant shall provide Landlord with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant does not give such notice within such ten (10) day periodmake the required commitment, this Lease shall be cancelled and terminated terminate as of the date of specified in the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlordtermination notice.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.5Section, if, if at any time during the term hereof, Term hereof there is damage which is not an Insured Loss and which falls within the classification of Property Premises Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's ’s expense), Landlord may, may at Landlord's option, ’s option either (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant, Tenant within thirty (30) days after the date of the occurrence of such damage, damage of Landlord's ’s intention to cancel and terminate this Lease Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's expense ’s expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) -day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.5paragraphs 11.4, if11.5, and 11.6, if at any time during the term hereof, Term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Property Premises Partial Damage, unless caused by a negligent Tenant's breach of this Lease or willful by any other act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may, may at Landlord's option, option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant, Tenant within thirty (30) days after the date of the occurrence of such damage, damage of Landlord's intention to cancel and terminate this Lease Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right, right within ten (10) days after the receipt of such notice, notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 8.5paragraphs 12.4, if12.5 and 12.6, if at any time during the term hereof, of this Lease there is damage which is not an Insured Loss and which falls within the classification of Property Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may, may at Landlord's option, option either (i) repair such damage as soon as reasonably possible at Landlord's expense, expense in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant, Tenant within thirty (30) days after the date of the occurrence of such damage, damage of Landlord▇▇▇▇▇▇▇▇'s intention to cancel and terminate this Lease Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right, right within ten (10I 0) days after the receipt of such notice, notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give notgive such notice within such ten (10) day period, period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.