Common use of TENANTABLE WITHIN 240 DAYS Clause in Contracts

TENANTABLE WITHIN 240 DAYS. If fire or other casualty shall render the whole or any material portion of the Premises untenantable, and the Premises can reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event, then Lessor shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or other casualty as is reasonably possible within such two hundred forty (240) day period (subject to delays for causes beyond Lessor's reasonable control) and notify Lessee that it will be doing so, such notice to be mailed within thirty (30) days from the date of such damage or destruction, and this Lease shall remain in full force and effect, but the Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). If Lessor is required to repair the Office Complex and/or the Premises as aforesaid, said work shall be undertaken and prosecuted with all due diligence and speed, and shall be completed within two hundred forty (240) days following the date of such fire or other casualty (subject to force majeure) failing which, Lessee shall be entitled to terminate this Lease in the event that such repairs are not completed within sixty (60) days after written notice from Lessee that Lessee desires to terminate this Lease because such repairs have not been completed within such two hundred forty (240) day period.

Appears in 3 contracts

Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)

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TENANTABLE WITHIN 240 DAYS. If fire or other casualty shall render the whole or any material portion of the Premises untenantable, and the Premises can reasonably be expected to be made tenantable within two hundred forty (240) days from the date of such event, then Lessor Lessor, to the extent of insurance proceeds available to Lessor, shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or other casualty as is reasonably possible within such two hundred forty (240) day period (subject to delays for causes beyond Lessor's reasonable control) and notify Lessee that it will be doing so, such notice to be mailed within thirty (30) days from the date of such damage or destruction, and this Lease shall remain in full force and effect, but the Rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). Notwithstanding anything to the contrary contained herein, in the event that no insurance proceeds are available, or insufficient insurance proceeds are available to repair and restore the Premises, Lessee shall be responsible for the costs to repair and restore the Premises to the extent not covered by insurance. If Lessor is required to repair the Office Complex and/or the Premises as aforesaid, said work shall be undertaken and prosecuted with all due diligence and speed, and shall be completed within two hundred forty (240) days following the date of such fire or other casualty (subject to force majeure) failing which, Lessee shall be entitled to terminate this Lease in the event that such repairs are not completed within sixty (60) days after written notice from Lessee that Lessee desires to terminate this Lease because such repairs have not been completed within such two hundred forty (240) day period.

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

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