Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. If the Premises or the Building is damaged by a risk not covered by Landlord’s insurance, or the available proceeds of insurance are less than the cost of restoration, or if the restoration cannot be completed within one hundred eighty (180) days after the commencement of work, in the reasonable opinion of Landlord, then Landlord shall have the option either to: (i) repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent to be proportionately abated as provided in Paragraph 25.A.; or (ii) give notice to Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If notice of termination is given, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date specified in the notice and the Monthly Rent shall be reduced in proportion to the extent, if any, to which the damage interferes with the use of the Premises by Tenant and any prepaid Monthly Rent and Operating Expenses shall be refunded to Tenant to the same extent. All insurance proceeds for the Premises shall be payable solely to Landlord, and Tenant shall have no interest in the proceeds.

Appears in 3 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)

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Partial Damage - Uninsured. If In the event the Premises or the Building is are damaged by a risk not covered by Landlord’s insurance, Lessor's insurance or the available proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within one hundred eighty sixty (18060) days after the commencement of work, work in the reasonable opinion of Landlordthe registered architect or engineer appointed by Lessor, then Landlord Lessor shall have the option either to: to (i1) repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent rent to be proportionately abated as provided in Paragraph 25.A.; hereinabove provided, or (ii2) give notice to Tenant Lessee at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If notice In the event of termination is giventhe giving of such notice, this Lease shall expire and all interest of Tenant Lessee in the Premises shall terminate on the such date so specified in the such notice and the Monthly Rent shall be rent, reduced in proportion to by any proportionate reduction based upon the extent, if any, to which the said damage interferes interfered with the use and occupancy of the Premises by Tenant and any prepaid Monthly Rent and Operating Expenses Lessee, shall be refunded to Tenant paid to the same extent. All insurance proceeds date of such termination; Lessor agrees to refund to the Lessee any rent theretofore paid in advance for the Premises shall be payable solely any period of time subsequent to Landlord, and Tenant shall have no interest in the proceedssuch date.

Appears in 2 contracts

Samples: Office Lease (Redding Bancorp), Office Lease (California Independent Bancorp)

Partial Damage - Uninsured. If the Premises or the Building is are damaged by a risk not covered by Landlord’s insurance, such insurance or if the insurance proceeds available proceeds of insurance to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within one hundred eighty eight (180) days 8) months after the commencement of work, work in the reasonable opinion of the licensed architect or engineer appointed by Landlord, then Landlord shall have the option either to: to (ia) repair or restore such damage, this Lease continuing in full force and effect, but with the Monthly Base Rent and Tenant's Share of Excess Building Operating Costs to be proportionately abated equitably reduced as provided in Paragraph 25.A.; 16.1, or (iib) give notice to Tenant at any time within thirty ninety (3090) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after the giving of such notice. If such notice of termination is given, this Lease shall expire and all any interest of Tenant in the Premises shall terminate on the date specified in such notice. The Base Rent and Tenant's Share of Excess Building Operating Costs during the notice and period prior to the Monthly Rent termination shall be reduced as provided in proportion to Paragraph 16.1 and paid up through the extent, if any, to which the damage interferes with the use date of the Premises by Tenant and any prepaid Monthly Rent and Operating Expenses shall be refunded to Tenant to the same extent. All insurance proceeds for the Premises shall be payable solely to Landlord, and Tenant shall have no interest in the proceedstermination.

Appears in 2 contracts

Samples: 1 (Extensity Inc), Expansion Agreement (Geac Computer Corp LTD)

Partial Damage - Uninsured. If In the event the Premises or the Building is are damaged by a risk not covered by Landlord’s insurance, 's insurance or the available proceeds of available insurance are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within one hundred eighty sixty (18060) days after the commencement of work, work in the reasonable opinion of the registered architect or engineer appointed by Landlord, then Landlord shall have the option either to: ; (i1) repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent rent to be proportionately abated as provided in Paragraph 25.A.hereinabove provided; or (ii2) give notice to Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall not be not less than thirty (30) nor more than sixty (60) days after giving such notice. If notice In the event of termination is giventhe giving of such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the such date so specified in the such notice and the Monthly Rent shall be rent, reduced in proportion to by any proportionate reduction based upon the extent, extent if any, to which the said damage interferes interfered with the use and occupancy of the Premises by Tenant and any prepaid Monthly Rent and Operating Expenses Tenant, shall be refunded to Tenant paid to the same extent. All insurance proceeds date of such termination; Landlord agrees to refund to the Tenant any rent theretofore paid in advance for the Premises shall be payable solely any period of time subsequent to Landlord, and Tenant shall have no interest in the proceedssuch date.

Appears in 1 contract

Samples: Office Building Lease (Trinet Employer Group Inc)

Partial Damage - Uninsured. If the Premises or the Building is damaged by a risk not required to be covered by Landlord’s insurance, or the available proceeds of insurance are less than the cost of restoration, or if the restoration cannot be completed within one hundred eighty (180) days after the commencement of work, in the reasonable opinion of Landlord, then Landlord shall have the option either to: (i) repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent to be proportionately abated as provided in Paragraph 25.A.; or (ii) give notice to Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If notice of termination is given, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date specified in the notice and the Monthly Rent shall be reduced in proportion to the extent, if any, to which the damage interferes with the use of the Premises by Tenant and any prepaid Monthly Rent and Operating Expenses shall be refunded to Tenant to the same extentTenant. All insurance proceeds for the Premises shall be payable solely to Landlord, and Tenant shall have no interest in the proceeds.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

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Partial Damage - Uninsured. If the Premises or the Building is damaged by a risk not covered by Landlord’s insurance, or the available proceeds of insurance are less than the cost of restoration, or if the restoration cannot be completed within one hundred eighty (180) days after the commencement of work, in the reasonable opinion of Landlord, then Landlord shall have the option either to: (i) repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent to be proportionately abated as provided in Paragraph 25.A.; or (ii) give deliver notice to Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If notice of termination is given, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date specified in the notice notice, and the Monthly Rent shall be reduced in proportion to the extent, if any, to which the damage interferes with the use of the Premises by Tenant and any prepaid Monthly Rent and Operating Expenses shall be refunded to Tenant to the same extentTenant. All insurance proceeds for the Premises shall be payable solely to Landlord, and Tenant shall have no interest in the proceeds.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

Partial Damage - Uninsured. If the Premises or the Building is damaged by a risk not covered by Landlord’s insurance, or the available proceeds of insurance are less than the cost of restoration, or if the restoration cannot be completed within one hundred eighty twenty (180120) days after the commencement of work, in the reasonable opinion of Landlord, then Landlord shall have the option either to: (i) repair or restore such damage, this Lease continuing in full force and effect, but the Monthly Rent to be proportionately abated as provided in Paragraph 25.A.; or (ii) give notice to Tenant at any time within thirty (30) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after giving such notice. If notice of termination is given, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date specified in the notice and the Monthly Rent shall be reduced in proportion to the extent, if any, to which the damage interferes with the use of the Premises by Tenant and any prepaid Monthly Rent and Operating Expenses shall be refunded to Tenant to the same extentTenant. All insurance proceeds for the Premises shall be payable solely to Landlord, and Tenant shall have no interest in the proceeds.

Appears in 1 contract

Samples: Office Lease Agreement (Spatializer Audio Laboratories Inc)

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