Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it at any time during the Term hereof the Premises are damaged, except by a negligent or willful act of Tenant (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 required to be maintained pursuant to Paragraph 8.1, Landlord may at Landlord's option either (a) 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 (b) 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 twenty (20) 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 reasonably possible. If Tenant does not give such notice within such twenty (20) day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it at any time during the Term hereof if the Premises are damaged, damaged where the cost to repair such damage exceeds $25,000 except by a negligent or willful act of Tenant (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 required to be maintained pursuant to Paragraph 8.1, Landlord may at Landlord's option either (ai) 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 (bii) 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 twenty ten (2010) 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 twenty ten (2010) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 8.3 and 9.48.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs 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 8.18.2, Landlord Lessor may at LandlordLessor's option either (ai) 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 (bii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In , 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 within twenty ten (2010) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from LandlordLessor, in which event this 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 twenty (20) 10-day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.. Initials: /s/ AUTHORIZED INITIALS ----------------- /s/ AUTHORIZED INITIALS ----------------- /s/ JCK -----------------

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs 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 8.18.2, Landlord Lessor may at LandlordLessor's option either (ai) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, effect or (bii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In 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 within twenty ten (2010) days after the receipt of such 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 shall continue in full force and effect, 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 twenty (20) 10-day period, period this Lease lease shall be cancelled and terminated as of the date of the occurrence of such damage. insurance required to be maintained by Lessor pursuant to Paragraph 8.2 (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs 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 8.18.2, Landlord Lessor may at LandlordLessor's option either (ai) 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 (bii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of Landlordto Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damagedamaged. 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 within twenty ten (2010) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from Landlordform Lessor, in which event this 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 twenty (20) 10-day period, period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee, (in which event Tenant Lessee shall make the repairs repairs, at its Lessee's expense), ) and such damage was caused by a casualty not covered under an insurance policy required to be maintained pursuant to Paragraph 8.18.3, Landlord Lessor may at LandlordLessor's option either (a( 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 (b( ii ) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such written notice of LandlordLessor's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within twenty ten (2010) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from LandlordLessor, in which event this 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 twenty (20) 10-day period, period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs 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 8.18.2, Landlord Lessor may at LandlordLessor's option option, either (ai) repair such damage as soon as reasonably possible at LandlordLessor's expense, in which event this Lease shall continue in full force and effect, effect or (bii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this 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 within twenty ten (2010) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from LandlordLessor, in which event this 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 twenty (20) 10-day period, period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of in Paragraphs 9.3 8.3 and 9.48.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs 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 8.17.2, Landlord Lessor may at LandlordLessor's option either (ai) 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 (bii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this 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 within twenty ten (2010) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from LandlordLessor, in which event this 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 written notice within such twenty (20) 10-day period, period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee, (in which event Tenant Lessee shall make the repairs repairs, at its expense), ) and such damage was caused by a casualty not covered under an insurance policy required to be maintained pursuant to Paragraph 8.18.3, Landlord Lessor may at Landlord's Lessor’s option either (ai) repair such damage as soon as reasonably possible at Landlord's Lessor’s expense, in which event this Lease shall continue in full force and effect, or (bii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of Landlord's Lessor’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of Landlord's Lessor’s intention to cancel and terminate this Lease, Tenant Lessee shall have the right within twenty ten (2010) days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's Lessee’s intention to repair such damage at Tenant's Lessee’s expense, without reimbursement from LandlordLessor, in which event this 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 twenty (20) 10-day period, period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 13.3 and 9.413.4, it if at any time during the Term 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 Tenant (in which event Tenant shall make the repairs at its expense), and such damage was caused by a an act or casualty not covered under an insurance policy required to be maintained by Landlord pursuant to Paragraph 8.1Xxxxxxxxx 00.0, Landlord Xxxxxxxx may at Landlord's option either (a) 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 (b) give written notice of termination of this Lease to Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of Landlord's intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event Landlord elects to give gives such notice of Landlord's intention to cancel and terminate termination of this Lease, Tenant shall have the right right, within twenty ten (2010) days after the receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to Landlord to pay for the entire cost of Tenant's intention to repair repairing such damage at Tenant's expenseless only the amount of insurance proceeds, without reimbursement from if 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 Tenant Landlord shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such twenty ten (2010) day period, period this Lease shall be cancelled 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 Paragraphs 9.3 and 9.4, it if at any time during the Term term hereof the Premises are damaged, except by a negligent or willful act of Tenant Lessee (in which event Tenant Lessee shall make the repairs 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 8.18.2, Landlord Lessor may at LandlordLessor's option either (ai) 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 (bii) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this 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 within twenty ten (2010) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from LandlordLessor, in which event this 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 twenty (20) 10-day period, period this Lease shall be cancelled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Paragraphs 9.3 and 9.4, it if at any time during the Term hereof the Premises are damaged, except by a negligent or willful act of Tenant (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 required to be maintained pursuant to Paragraph 8.1, Landlord may may, at Landlord's option option, either (a) repair such damage as xxxxxx xxxx xxxxxx xx soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (b) 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 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 twenty ten (2010) 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 twenty ten (2010) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of ------------------------ Paragraphs 9.3 15.3 and 9.415.4, it if at any time during the Term term hereof the Premises 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 Tenant (in which event Tenant shall make the repairs at its expense), and such damage was caused by a an act or casualty not covered under an insurance policy required to be maintained by Landlord pursuant to Paragraph 8.114.2(a), Landlord may at Landlord's option either (a) 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 (b) give written notice of termination of this Lease to Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of Landlord's intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event Landlord elects to give gives such notice of Landlord's intention to cancel and terminate termination of this Lease, Tenant shall have the right right, within twenty ten (2010) days after the receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to Landlord to pay for the entire cost of Tenant's intention to repair repairing such damage at Tenant's expenseless only the amount of insurance proceeds, without reimbursement from if 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 Tenant Landlord shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such twenty ten (2010) day period, period this Lease shall be cancelled 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 Paragraphs 9.3 and 9.4, it if at any time during the Term term hereof the Premises are damaged, damaged except by a negligent or willful act of Tenant Lessee (in which event Tenant 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 8.18.2, Landlord Lessor may at LandlordLessor's option either (a) 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 (b) give written notice to Tenant Lessee within thirty (30) days after the date of the occurrence of such damage of LandlordLessor's intention to cancel and terminate this 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 Lease Lessee shall have the right within twenty ten (20l0) days after the receipt of such notice to give written notice to Landlord Lessor of TenantLessee's intention to repair such damage at TenantLessee's expense, without reimbursement from LandlordLessor, in which event this Lease shall continue in full force and effect, 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 twenty ten (2010) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage.