Common use of Partial Damage - Uninsured Clause in Contracts

Partial Damage - Uninsured. If the Premises or the Building are damaged by a risk not covered by such insurance or if the insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within eight (8) months after the commencement of work in the opinion of the licensed architect or engineer appointed by Landlord, then Landlord shall have the option either to (a) repair or restore such damage, this Lease continuing in full force and effect, with the Base Rent and Tenant's Share of Increased Operating Costs to be equitably reduced as provided in Paragraph 16.1, or (b) give notice to Tenant at any time within ninety (90) 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 is given, this Lease shall expire and any interest of Tenant in the Premises shall terminate on the date specified in such notice. The Base Rent and Xxxxxx's Share of Increased Operating Costs during the period prior to the termination shall be reduced as provided in Paragraph 16.1 and paid up through the date of termination.

Appears in 1 contract

Samples: Watergate Office Lease (Siebel Systems Inc)

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Partial Damage - Uninsured. If In the event the Premises or the Building are damaged by a risk not covered by such Landlord's insurance or if the proceeds of available insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within eight sixty (8) months 60) days after the commencement of work in the opinion of the licensed registered architect or engineer appointed by Landlord, then Landlord shall have the option either to to: (ai) repair or restore such damage, this Lease continuing in full force and effect, with but the Base Rent and Tenant's Share of Increased Operating Costs rent to be equitably reduced proportionately abated as provided in Paragraph 16.1, hereinabove provided; or (bii) give notice to Tenant at any time within ninety thirty (9030) 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. Notwithstanding the foregoing, Tenant shall have the right to terminate the Lease by giving Landlord sixty (60) days' written notice from the date of damage. In the event of the giving of such notice. If such any notice is givenhereunder to terminate, this Lease shall expire and any all interest of Tenant in the Premises shall terminate on the such date so specified in such notice. The Base Rent notice and Xxxxxx's Share the rent, reduced by any proportionate reduction based upon the extent, if any, to which said damage interfered with the use and occupancy of Increased Operating Costs during the period prior to the termination Tenant, shall be reduced as provided in Paragraph 16.1 and paid up through to the date of such termination.

Appears in 1 contract

Samples: Sublease Agreement (Zapme Corp)

Partial Damage - Uninsured. If the Premises or the Building are damaged by a risk not covered by such insurance or if the insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within eight (8) months after the commencement of work in the opinion of the licensed architect or engineer appointed by Landlord, then Landlord shall have the option either to (a) repair or restore such damage, this Lease continuing in full force and effect, with the Base Rent and Tenant's Share of Increased Excess Building Operating Costs to be equitably reduced as provided in Paragraph 16.1, or (b) give notice to Tenant at any time within ninety (90) days after such damage terminating this Lease as of a date to be specified in such notice, which date shall shal1 be not less than thirty (30) nor more than sixty (60) days after the giving of such notice. If such notice is given, this Lease shall expire and any interest of Tenant in the Premises shall terminate on the date specified in such notice. The Base Rent and XxxxxxTenant's Share of Increased Excess Building Operating Costs during the period prior to the termination shall be reduced as provided in Paragraph 16.1 and paid up through the date of termination.

Appears in 1 contract

Samples: Office Lease (U S Wireless Data Inc)

Partial Damage - Uninsured. If the Premises or the Building are damaged by a risk not covered by such insurance or if the insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within eight (8) months after the commencement of work in the opinion of the licensed architect or engineer appointed by Landlord, then Landlord shall have the option either to (a) repair or restore such damage, this Lease continuing in full force and effect, with the Base Rent and Tenant's Share of Increased Building Operating Costs to be equitably reduced as provided in Paragraph 16.122.1, or (b) give notice to Tenant at any time within ninety (90) 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 is given, this Lease shall expire and any interest of Tenant in the Premises shall terminate on the date specified in such notice. The Base Rent and XxxxxxTenant's Share of Increased Operating Costs during the period prior to the termination shall be reduced as provided in Paragraph 16.1 22.1 and paid up through the date of termination.

Appears in 1 contract

Samples: Kindred Biosciences, Inc.

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Partial Damage - Uninsured. If the Premises or the Building are damaged by a risk not covered by such insurance or if the insurance proceeds available to Landlord are less than eighty percent (80%) of the cost of restoration, or if the restoration cannot be completed within eight (8) months after the commencement of work in the opinion of the licensed architect or engineer appointed by Landlord, then Landlord shall have the option either to (a) repair or restore such damage, this Lease continuing in full force and effect, with the Base Rent and Tenant's Share of Increased Building Operating Costs to be equitably reduced as provided in Paragraph 16.122.1, or (b) give notice to Tenant at any time within ninety (90) 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 is given, this Lease shall expire and any interest of Tenant in the Premises shall terminate on the date specified in such notice. The Base Rent and XxxxxxTenant's Share of Increased Operating Costs during the period prior to the termination shall be reduced as provided in Paragraph 16.1 22.1 and paid up through the date of termination.. 22.3

Appears in 1 contract

Samples: www.sec.gov

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