Common use of Tenant’s Election Clause in Contracts

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety (90) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety (90) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 3 contracts

Samples: Office Lease (Imanage Inc), Office Lease (Imanage Inc), Office Lease (Imanage Inc)

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Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 2 contracts

Samples: Net Lease Agreement (Laserscope), Net Lease Agreement (Laserscope)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 2 contracts

Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after alter the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten (10) days after alter Tenant receives from born Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 2 contracts

Samples: Lease (Avantgo Inc), Lease (Avantgo Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's ’s architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after the event of damage or destruction. Tenant's ’s election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 2 contracts

Samples: Lease Agreement (Daystar Technologies Inc), Net Lease Agreement (Laserscope)

Tenant’s Election. Notwithstanding anything to the contrary ----------------- contained in this Article 12Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 2 contracts

Samples: Net Lease Agreement (Navisite Inc), Lease Agreement (Symphonix Devices Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's ’s architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one two hundred ten (90210) days after the event of damage or destruction. Tenant's ’s election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. , If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety two hundred ten (90210) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 1 contract

Samples: Net Lease Agreement (Mellanox Technologies, Ltd.)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten thirty (1030) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten thirty (1030) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten thirty (1030) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 1 contract

Samples: Lease Agreement (Silicon Storage Technology Inc)

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Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 1215, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred twenty (90120) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred twenty (90120) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 1 contract

Samples: Office Lease (Abovenet Communications Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 14, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later thereafter terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 1 contract

Samples: That Certain Lease Agreement (Nhancement Technologies Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred eighty (90180) days after the event of damage or destruction. Tenant's election shall be made by written notice to Landlord within ten thirty (1030) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten thirty (1030) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety one hundred eighty (90180) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten thirty (1030) day period, this Lease shall terminate as of the date of the event of damage or destruction.

Appears in 1 contract

Samples: Improvement Agreement (Cruel World Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 15, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's ’s architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety two hundred ten (90210) days after the event of damage or destruction. Tenant's ’s election shall be made by written notice to Landlord within ten fifteen (1015) business days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten fifteen (1015) business day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety two hundred ten (90210) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten fifteen (1015) business day period, this Lease shall terminate as of the earlier of (i) the date specified in Tenant’s termination notice or (ii) the date that is sixty (60) days after Landlord’s receipt of the event of damage or destructionsuch notice.

Appears in 1 contract

Samples: Improvement Agreement (Calix, Inc)

Tenant’s Election. Notwithstanding anything to the contrary contained in this Article 12Paragraph 14, Tenant may elect to terminate this Lease in the event the Premises are damaged or destroyed and, in the reasonable opinion of Landlord's ’s architect or construction consultants, the restoration of the Premises cannot be substantially completed within ninety one hundred twenty (90120) days after the event of damage or destruction. Tenant's ’s election shall be made by written notice to Landlord within ten (10) days after Tenant receives from Landlord the estimate of the time needed to complete repair or restoration of the Premises. If Tenant does not deliver said notice within said ten (10) day period, Tenant may not later terminate this Lease even if substantial completion of the rebuilding or restoration occurs subsequent to said ninety (90) day period, provided that Landlord is proceeding with diligence to rebuild or restore the Premises. If Tenant delivers said notice within said ten (10) day period, this Lease shall terminate as of the date of the event of damage or destruction. If Tenant does not deliver said notice within said ten (10) day period, Tenant nevertheless may later terminate this Lease if substantial completion of the rebuilding or restoration occurs subsequent to said one hundred twenty (120) day period.

Appears in 1 contract

Samples: Agreement (Borland Software Corp)

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