Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. Subject to the provisions of Section 9.4, if at any time during the term hereof the Premises is damaged, except by a negligent or willful act of Tenant, such damage was caused by a casualty not covered under an insurance policy required to be maintained by Tenant pursuant to Section 8.2, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, at Tenant’s option, either (i) repair such damage as soon as reasonably possible at Tenant’s expense, in which event this Lease shall continue in full force and effect, or (ii) give notice to Landlord within thirty (30) days after the date of the occurrence of such damage of Tenant’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Tenant elects to give such notice of Tenant’s intention to cancel and terminate this Lease, Landlord shall have the right within ten (10) days after such receipt of such notice to give written notice to Tenant of Landlord’s intention to repair such damage at Landlord’s expense, without reimbursement from Tenant, in which event this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably possible. If Landlord 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.

Partial Damage - Uninsured. Subject to the provisions of Section Paragraph 9.4, if at any time anytime during the term hereof the Leased Premises is are damaged, except by a negligent or willful act of TenantLessee, and such damage was caused by a casualty not covered under an insurance policy required to be maintained by Tenant Lessor pursuant to Section Paragraph 8.2, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, Lessor may at Tenant’s option, either Lessor's option (i) repair such damage as soon as reasonably possible at Tenant’s Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Landlord Lessee within thirty (30) days after the date of the occurrence of such damage of Tenant’s Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Tenant Lessor elects to give such notice Notice of Tenant’s Lessor's intention to cancel and terminate this Lease, Landlord Lessee shall have the right within ten (10) days after such the receipt of such notice to give written notice to Tenant Lessor of Landlord’s Lessee's intention to repair such damage at Landlord’s Lessee's expense, without reimbursement from TenantLessor, in which event this Lease shall continue in full force and effect, and Landlord Lessee shall proceed to make such repairs as soon as reasonably reasonable possible. If Landlord Lessee 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 Section 9.4Paragraphs 13.3 and 13.4, if at any time during the term hereof the Premises is damagedor the Building, except as the case may be, are damaged and the proceeds received by a negligent Landlord are not sufficient to repair such damage, or willful act of Tenant, such damage was caused by a an act or casualty not covered under an insurance policy required to be maintained by Tenant Landlord pursuant to Section 8.2Paraxxxxx 00.0, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, Xxxxxxxx xxx at Tenant’s option, Landlord's option either (ia) repair such damage as soon as reasonably possible at Tenant’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 Landlord Tenant within thirty (30) days after the date of the occurrence of such damage damage, with the effective date of Tenant’s intention such termination to cancel and terminate this Lease as of be the date of the occurrence of such damage. In the event Tenant elects to give Landlord gives such notice of Tenant’s intention to cancel and terminate termination of this Lease, Landlord Tenant shall have the right right, within ten (10) days after such receipt of such notice notice, to give written notice agree in writing on a basis satisfactory to Tenant Landlord to pay for the entire cost of Landlord’s intention to repair repairing such damage at less only the amount of insurance proceeds, if any, received by Landlord’s expense, without reimbursement from Tenant, in which event the notice of termination shall be ineffective and this Lease shall continue in full force and effect, and Landlord shall proceed to make such repairs as soon as reasonably possible. If Landlord Tenant does not give such notice within such ten (10) day period, 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 Section 9.4, Paragraphs 9.3 and 9.4 if at any time during the term hereof the Premises is are damaged, except by a negligent or willful act of Tenant, 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 Tenant pursuant to Section Paragraph 8.2, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, . Lessor may at Tenant’s option, Lessor's option either (i) repair such damage as soon as reasonably possible at Tenant’s Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Landlord Lessee within thirty (30) days after the date of the occurrence of such damage of Tenant’s Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Tenant Lessor elects to give such notice of Tenant’s Lessor's intention to cancel and terminate this Lease, Landlord . Lessee shall have the right within ten (10) days after such the receipt of such notice to give written notice to Tenant Lessor of Landlord’s Lessees intention to repair such damage at Landlord’s expense, Lessees expense without reimbursement from TenantLessor, in which event this Lease shall continue in full force and effect, effect and Landlord Lessee shall proceed to make such repairs as soon as reasonably possible. If Landlord 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 Section 9.4Paragraph 7.3, if at any time during the term hereof the Leased Premises is damagedsuffer Partial Damage, except by a negligent or willful act of Tenant, and such damage Partial Damage was caused by a casualty not covered under an insurance policy required to be maintained by Tenant pursuant to Section 8.2Article VI, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, Landlord may at Tenant’s option, Landlord's option either (ia) repair such damage Partial Damage as soon as reasonably possible at Tenant’s Landlord's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice to Landlord Tenant within thirty (30) days after the date of the occurrence of such damage Partial Damage of Tenant’s Landlord's intention to cancel and terminate this Lease as of the date of the occurrence of such damagePartial Damage. In the event Tenant Landlord elects to give such notice of Tenant’s Landlord's intention to cancel and terminate this Lease, Landlord Tenant shall have the right within ten (10) days after such the receipt of such notice to give written notice to Tenant Landlord of Landlord’s Tenant's intention to repair such damage Partial Damage at Landlord’s Tenant's expense, without reimbursement from TenantLandlord, in which event this Lease shall continue in full force and effect, and Landlord Tenant shall proceed to make such repairs as soon as reasonably possible. If Landlord Tenant 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 damagePartial Damage.

Partial Damage - Uninsured. Subject to the provisions of Section Paragraphs 9.3 and 9.4, if at any time during the term Term hereof the Premises is damagedare substantially damaged so as to materially affect Tenant's use, except by a negligent or willful act of TenantTenant (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 by Tenant pursuant to Section 8.2Paragraph 8.1, and Landlord shall give written notice to Tenant, within thirty (30) days after the reasonably estimated cost date of the occurrence of such damage, of Landlord's intention to repair such damage exceeds $1,000,000, Tenant may, at Tenant’s option, either (ia) repair such damage as soon as reasonably possible at Tenant’s expenseLandlord's expense (but no later than one hundred fifty (150) days from the date the damage occurred), in which event this Lease shall continue in full force and effect, or (iib) give notice to Landlord within thirty (30) days after the date of the occurrence of such damage of Tenant’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Tenant Landlord elects to give such notice of Tenant’s Landlord's intention to cancel and terminate this Lease, Landlord Tenant shall have the right within ten (10) days after such the receipt of such notice to give written notice to Tenant Landlord of Landlord’s Tenant's intention to repair such damage at Landlord’s Tenant's expense, without reimbursement from TenantLandlord, in which event this Lease shall continue in full force and effect, and Landlord Tenant shall proceed to make such repairs as soon as reasonably possible. If Landlord Tenant 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.

Partial Damage - Uninsured. Subject to the provisions of Section Paragraphs 9.3 and 9.4, if at any time during the term Term hereof the Premises is damagedare damaged where the cost to repair such damage exceeds $25,000, except by a negligent or willful act of TenantTenant (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 by Tenant pursuant to Section 8.2Paragraph 8.1, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, Landlord may at Tenant’s option, Landlord's option either (ia) repair such damage as soon as reasonably possible at Tenant’s Landlord's expense, in which event this Lease shall continue in full force and effect, or (iib) give written notice to Landlord Tenant within thirty (30) days after the date of the occurrence of such damage of Tenant’s Xxxxxxxx's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Tenant Landlord elects to give such notice of Tenant’s Landlord's intention to cancel and terminate this Lease, Landlord Tenant shall have the right within ten (10) days after such the receipt of such notice to give written notice to Tenant Landlord of Landlord’s Tenant's intention to repair such damage at Landlord’s Tenant's expense, without reimbursement from TenantLandlord, in which event this Lease shall continue in full force and effect, and Landlord Tenant shall proceed to make such repairs as soon as reasonably possible. If Landlord Tenant 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.. 9.3

Partial Damage - Uninsured. Subject to the provisions of Section 9.4, if If at any time during the term hereof the Premises is are damaged, except by a negligent or willful act of TenantTENANT (in which event TENANT shall promptly 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 Tenant pursuant to Section 8.2the DISTRICT, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, DISTRICT may at Tenant’s option, DISTRICT'S option either (i) repair such damage as soon as reasonably possible practicable at Tenant’s DISTRICT'S expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Landlord TENANT within thirty (30) days after the date of the occurrence of such damage of Tenant’s DISTRICT'S intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Tenant DISTRICT elects to give such notice of Tenant’s DISTRICT'S intention to cancel and or terminate this Lease, Landlord TENANT shall have the right within ten thirty (1030) days after such the receipt of such notice to give written notice to Tenant DISTRICT of Landlord’s TENANT'S intention to repair such damage at Landlord’s TENANT'S expense, without reimbursement from TenantDISTRICT, in which event this Lease shall continue in full force and effect, effect and Landlord TENANT shall proceed to make such repairs as soon as reasonably possible. If Landlord TENANT does not give such notice within such ten (10) 30-day period, this Lease shall be canceled and terminated effective as of the date of the occurrence of such damage.

Partial Damage - Uninsured. Subject to the provisions of Section Paragraphs 9.3 and 9.4, if at any time during the term hereof the Premises is XXXXXXXXX damaged, except by a negligent or willful act of TenantLessee, (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 Tenant pursuant to Section 8.2Paragraph 8.3, and the reasonably estimated cost to repair such damage exceeds $1,000,000, Tenant may, Lessor may at Tenant’s option, either (iLessor's option either(a) repair such damage as soon as reasonably possible at Tenant’s Lessor's expense, in which event this Lease shall continue in full force and effect, or (iior(b) give written notice to Landlord Lessee within thirty (30thirty(30) days after the date of the occurrence of such damage of Tenant’s Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event Tenant Lessor elects to give such notice of Tenant’s Lessor's intention to cancel and terminate this Lease, Landlord Lessee shall have the right within ten (10) days after such the receipt of such notice to give written notice to Tenant Lessor of Landlord’s Lessee's intention to repair such damage at Landlord’s Lessee's expense, without reimbursement from TenantLessor, in which event this Lease shall continue in full force and effect, effect and Landlord Lessee shall proceed to make such repairs as soon as reasonably possible. If Landlord 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.