Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, if at anytime during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s option (i) repair such damage as soon as reasonably possible at Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice of Lessor’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s intention to repair such damage at Lessee’s expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4------------------------ Paragraphs 13.3 and 13.4, if at anytime any time during the term hereof the Premises or the Building, as the case may be, are damageddamaged and the proceeds received by Landlord are not sufficient to repair such damage, except by a negligent or willful act of Lessee, and such damage was caused by a an act or casualty not covered under an insurance policy required to be maintained by Lessor Landlord pursuant to Paragraph 8.2Xxxxxxxxx 00.0, Lessor Xxxxxxxx may at Lessor’s Landlord's option either (ia) repair such damage as soon as reasonably possible at Lessor’s Landlord's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice of termination of this Lease to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of Lessor’s intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event Lessor elects to give Landlord gives such Notice notice of Lessor’s intention to cancel and terminate termination of this Lease, Lessee Tenant shall have the right right, within ten (10) days after the receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to Lessor Landlord to pay for the entire cost of Lessee’s intention to repair repairing such damage at Lessee’s expenseless only the amount of insurance proceeds, without reimbursement from Lessorif any, received by Landlord, in which event the notice of termination shall be ineffective and this Lease shall continue in full force and effect, and Lessee Landlord shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period this Lease shall be canceled and terminated as pursuant to such notice of the date of the occurrence of such damagetermination by Landlord.

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, Paragraphs 9.3 and 9.4 if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, Lessee (in which event Lessee shall make the repairs at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, . Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In damage in the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.28.3, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-10 day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeTenant (in which event Tenant shall make the repairs at its expense), and such damage was caused by a casualty not covered under an insurance policy maintained by Lessor pursuant to Paragraph 8.2, Lessor Landlord may at Lessor’s Landlord's option either (i) repair such damage as soon as reasonably possible at Lessor’s Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of Lessor’s Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor Landlord elects to give such Notice notice of Lessor’s Landlord's intention to cancel and terminate this Lease, Lessee Lease Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee’s Tenant's intention to repair such damage at Lessee’s Tenant's expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to In the provisions of Paragraph 9.4, if at anytime during the term hereof event the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused damaged by a casualty which is not covered under by insurance carried by Landlord, then Landlord shall restore same, except if the damage or destruction is to an insurance policy maintained by Lessor pursuant extent greater than ten (10%) per cent of the then replacement cost of improvements on the Premises (exclusive of Tenant's trade fixtures and equipment and exclusive of foundation), then Landlord may elect not to Paragraph 8.2restore and to terminate this Lease. Landlord must give Tenant written notice of its election not to restore within thirty 30 days from the date of damage and, Lessor may at Lessor’s option (i) repair if not given, Landlord shall he deemed to have elected to restore and in such event shall commence restoration of damage as soon as reasonably possible at Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s intention to cancel and terminate this Lease as of the date of the occurrence of such damagepossible. In the event Lessor Landlord elects to give such Notice notice of Lessor’s intention Landlord's Intention to cancel and terminate this Lease, Lessee Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor Landlord of Lessee’s Tenant's intention to repair such damage at Lessee’s Tenant's expense, without reimbursement from LessorLandlord or abatement of rent, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall provide Landlord with the performance bond required by Paragraph 17, and proceed to make such repairs as soon as reasonable reasonably possible. If Lessee Tenant does not give such notice within such ten (10-) day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor lessor pursuant to Paragraph 8.2Paragraph8.2, Lessor may at Lessor’s 's option either (iI) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (iiII) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to In the provisions of Paragraph 9.4, if at anytime during event the term hereof improvements on the Premises are damaged, except by a negligent or willful act or omission of LesseeTenant, and such damage was caused by a any casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2Section 12B, Lessor may then Landlord may, at Lessor’s option Landlord's option, either (ia) repair such damage as soon as reasonably possible at Lessor’s Landlord's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice to Lessee Tenant within thirty (30) days after the date of the occurrence of such damage of Lessor’s Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such the damage. In the event Lessor Landlord elects to give such Notice of Lessor’s intention to cancel and terminate this LeaseLease pursuant to this Section 13B, Lessee Tenant shall have the right within ten (10) days after the receipt of such the required notice to give written notice to Lessor notify Landlord in writing of Lessee’s Tenant's intention to repair such damage at Lessee’s Tenant's expense, without reimbursement from LessorLandlord, in which event this Lease shall continue in full force and effect, and Lessee Tenant shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee Tenant does not give such notice within such the ten (10-) day period period, this Lease shall be canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, (in which event Lessee shall make the repairs at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.28.3, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, effect or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice of Lessor’s 's intention to cancel and terminate this Lease, . Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such ten (10-) day period period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.4-------------------------- 8.3, if at anytime any time during the term hereof the Premises are damaged, damaged except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.27.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such ten (10-) day period this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph 9.48.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, 7.2. Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such ten (10-) day period period, this Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the term hereof the Premises are damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy maintained by Lessor pursuant to Paragraph 8.2, Lessor. Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Lessor elects to give such Notice notice of Lessor’s 's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such 10-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage, and neither party shall have further right or obligations hereunder.

Partial Damage - Uninsured. Subject to the provisions of Paragraph Paragraphs 9.3 and 9.4, if at anytime any time during the Lease term hereof the Premises are materially damaged, except by a negligent or willful act of LesseeLessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Lessor pursuant to Paragraph 8.2, Lessor may at Lessor’s 's option either (i) repair such damage as soon as reasonably possible at Lessor’s 's expense, in which event this Lease shall continue in full force and effect, effect or (ii) give written notice to Lessee within thirty Thirty (30) days after the date of the occurrence of such damage of Lessor’s 's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the lease in which event Lessor elects to give such Notice of Lessor’s intention to cancel and terminate this Lease, Lessee shall have the right within ten Ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee’s 's intention to repair such damage damage, at Lessee’s 's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, effect and Lessee shall proceed to make such repairs as soon as reasonable reasonably possible. If Lessee does not give such notice within such Ten (10-) day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage.