Common use of Repair Obligations Clause in Contracts

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease according to Section 10.1, then Landlord will repair and restore such damage with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 9.2. Tenant agrees to repair, restore or replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.2(b) as soon as possible after the date of damage, to at least the condition existing prior to their damage, using materials at least equal to Building Standard. However, in connection with its repair and restoration of such damage, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of such leasehold improvements required to be insured by Tenant. If Landlord makes such election, Landlord will be entitled to all proceeds of the insurance policy described in Section 9.2(b) applicable to the leasehold improvements Landlord so elects to repair or restore and may limit its repair or restoration of such leasehold improvements to that which may be paid for in full by such proceeds.

Appears in 2 contracts

Samples: Lease Agreement (Pennaco Energy Inc), Lease Agreement (Glacier Corp)

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Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease according to Section 10.1, then Landlord will repair and restore such damage with due diligence, reasonable promptnesspromptness and in a good and workmanlike manner, subject to force majeure, delays for insurance adjustments and delays caused by matters beyond Landlord's ’s control. Unless (i) Landlord was in breach of its obligations under Section 9.1 of this Agreement at the time of the damage; or (ii) the damage was caused in part by the negligence or willful misconduct of the Landlord and if as a result thereof Landlord does not receive all of the full replacement insurance proceeds, Landlord will not be required to spend more for such repair and restoration than the insurance proceeds available to Landlord as a result of the fire or other casualty other than the deductible under said policy; provided, however, that Landlord notifies Tenant promptly after Landlord learns that the insurance proceeds expected to be available to Landlord will not be sufficient for such repair and restoration, but no later than 170 days from the date of such damage. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 9.2. Tenant agrees to repair, restore or replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.2(b) as soon as possible after the date of damage, to at least the condition existing prior to their damage, using materials at least equal to Building Standard. However, in connection with its repair and restoration of such damage, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of such leasehold improvements required to be insured by Tenant. If Landlord makes such election, Landlord will be entitled to all proceeds of the insurance policy described in Section 9.2(b) applicable to the leasehold improvements Landlord so elects to repair or restore and may limit its repair or restoration of such leasehold improvements to that which may be paid for in full by such proceeds.

Appears in 1 contract

Samples: Office Lease Agreement (Intellon Corp)

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease according to Section 10.1, then Landlord will repair and restore such damage with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 9.2. Tenant agrees to repair, restore or replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.2(b) as soon as possible after the date of damage, to at least the condition existing prior to their damagedamage (unless changes thereto are approved by Landlord in its reasonable discretion), using materials at least equal to Building Standard. However, in connection with its repair and restoration of such damage, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of such leasehold improvements required to be insured by Tenant. If Landlord makes such election, Landlord will be entitled to all proceeds of the insurance policy described in Section 9.2(b) applicable to the leasehold improvements Landlord so elects to repair or restore and may limit its repair or restoration of such leasehold improvements to that which may be paid for in full by such proceeds.

Appears in 1 contract

Samples: Lease Agreement (Tickets Com Inc)

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease according pursuant to Section 10.112.1 or neither party is entitled to terminate this Lease on account of such casualty, then Landlord will repair and restore only such damage to the Building and reinstall the Base Building Work, with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's controlForce Majeure, the Tenant and the Tenant Parties. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 9.2. 11; Tenant agrees to repair, restore or replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.2(b) replace such property as soon as possible after the date of damageis reasonably possible, to at least the condition existing prior to their its damage, using materials at least equal to Building Standardstandard. However, in connection with its repair and restoration of such damage, Landlord may, at in its optionreasonable discretion, elect to repair and restore the damage, if any, caused to any or all of such the leasehold improvements and Alterations required to be insured by TenantTenant according to Section 11. If Landlord makes such election, Tenant shall assign and Landlord will be entitled to all proceeds of the insurance policy described in Section 9.2(b) 11 applicable to the leasehold improvements Landlord so elects to repair or restore and may limit its repair or restoration restore, plus Tenant shall pay Landlord the amount of such leasehold improvements to that which may be paid for in full by such proceedsany deductible under the applicable insurance policy.

Appears in 1 contract

Samples: Office Lease Agreement (Quixote Corp)

Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates Tenant does not terminate this Lease according to Section 10.111.1, then Landlord will repair and restore such damage with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord's ’s control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 9.210.1. Tenant agrees to repair, restore or replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.2(b) 9.1 as soon as possible after the date of damage, damage to at least the condition existing prior to their damage, using materials at least equal to Building Standardcondition. However, in connection with its repair and restoration of such damage, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of such leasehold improvements required to be insured by Tenant. If Landlord makes such election, Landlord will be entitled to all proceeds of the insurance policy described in Section 9.2(b) 9.1 applicable to the leasehold improvements Landlord so elects to repair or restore and may limit its repair or restoration of such leasehold improvements to that which may be paid for in full by such proceeds.

Appears in 1 contract

Samples: Building Addition and Lease Agreement (Telvent Git S A)

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Repair Obligations. If the Premises or the Building are damaged by fire or other casualty and neither party terminates this Lease according to Section 10.112.1, then Landlord will repair and restore such damage with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completion. Notwithstanding anything to the contrary contained herein, if such repair or restoration work is not completed by Landlord within 180 days from the date of such damage, Tenant shall have the right to terminate this Lease. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 9.2. 11.2; Tenant agrees to repair, restore or replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.2(b) replace such property as soon as possible after the date of damage, to at least the condition existing prior to their its damage, using materials at least equal to Building Standardstandard. However, in connection with its repair and restoration of such damage, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of such the leasehold improvements required to be insured by TenantTenant according to Section 11.2(b). If Landlord makes such election, Landlord will be entitled to all those proceeds of the insurance policy described in Section 9.2(b11.2(b) applicable required to the complete those leasehold improvements which Landlord so elects to repair or restore and may limit its repair or restoration of such leasehold improvements to that which may be paid for in full by such proceedsrestore.

Appears in 1 contract

Samples: Lease Agreement (Matria Healthcare Inc)

Repair Obligations. If the Premises or the Building Improvements are damaged by fire or other casualty and neither party terminates this Lease according to Section 10.111.1, then Landlord will repair and restore such damage with reasonable promptness, subject to delays for insurance adjustments and delays caused by matters beyond Landlord's control. Landlord will have no liability to Tenant and Tenant will not be entitled to terminate this Lease if such repairs and restoration are not in fact completed within the estimated time period, provided that Landlord promptly commences and diligently pursues such repairs and restoration to completioncompletion and provided further that, if Landlord fails to complete such repairs and restoration within 270 days after the date of the damage, Tenant may terminate this Lease by notice given to Landlord within 20 days after the expiration of such 270-day period. In no event will Landlord be obligated to repair, restore or replace any of the property required to be insured by Tenant according to Section 9.2. 8.2; however, if Tenant agrees to repairand Landlord so agree, restore or replace, at its expense, all leasehold improvements required to be insured by Tenant according to Section 9.2(b) as soon as possible after the date of damage, to at least the condition existing prior to their damage, using materials at least equal to Building Standard. HoweverLandlord will, in connection with its repair and restoration of such damage, Landlord may, at its option, elect to repair and restore the damage, if any, caused to any or all of such leasehold improvements the alterations required to be insured by TenantTenant according to Section 8.2(b). If Landlord makes In such electionevent, Landlord will be entitled to all proceeds of the insurance policy described in Section 9.2(b8.2(b) applicable to the leasehold improvements alterations that Landlord so elects to will repair or restore and may limit its repair or restoration of such leasehold improvements to that which may be paid for in full by such proceedsrestore.

Appears in 1 contract

Samples: Homegrocer Com Inc

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