Common use of Tenant’s Termination Elections Clause in Contracts

Tenant’s Termination Elections. If, based upon the Architect’s Estimate and the Insurance Proceeds Estimate, the time period for repairing any casualty damage will exceed twelve (12) months after the date of any casualty, then the Tenant shall have the right, exercisable by written notice given on or before the date thirty (30) days after the Landlord gives to the Tenant the Architect’s Estimate and the Insurance Proceeds Estimate, to terminate this Lease. If neither the Landlord nor the Tenant exercise their termination rights based upon the Architect’s Estimate and the Insurance Proceeds Estimate, but the Landlord has failed to restore the Building, within twelve (12) months from the date of the casualty or taking, such period to be subject, however, to extension (which extension shall not exceed an additional one hundred eighty (180) days) where the delay in completion of such work is due to External Causes, the Tenant shall have the right to terminate this Lease at any time after the expiration of such 12-month period (as extended by delay due to External Causes as aforesaid), as the case may be, until the restoration is substantially completed, such termination to take effect as of the date of the Tenant’s notice. However, if the Landlord has been diligently prosecuting the repair of all casualty and damage, and if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or other design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes as aforesaid). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.

Appears in 2 contracts

Samples: Sublease Agreement (Immunogen Inc), Sublease Agreement (Aveo Pharmaceuticals Inc)

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Tenant’s Termination Elections. If, based upon the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, the time period for repairing any casualty damage will exceed twelve (12) months after the date of any casualty, then the Tenant shall have the right, exercisable by written notice given on or before the date thirty (30) days after the Landlord gives to the Tenant the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, to terminate this Lease. If neither the Landlord nor the Tenant exercise their termination rights based upon the Architect’s Estimate and the Insurance Proceeds Estimaterights, but the Landlord has failed to restore the Building, within the longer of twelve (12) months from the date of the casualty or takingtaking or the period of restoration set forth in the Contractor’s Estimate set forth in the Contractor’s Estimate, such period to be subject, however, to extension (which extension shall not exceed an additional one hundred eighty (180) days) where the delay in completion of such work is due to External Causes, the Tenant shall have the right to terminate this Lease at any time after the expiration of such 12-month period (in either case, as extended by delay due to External Causes as aforesaid), as the case may be, ) until the restoration is substantially completed, such termination to take effect as of the date of the Tenant’s notice. However, if the Landlord has been diligently prosecuting the repair of all casualty and damage, and if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or other design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes as aforesaid). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.

Appears in 2 contracts

Samples: Basic Lease Terms (Fulcrum Therapeutics, Inc.), Basic Lease Terms (Fulcrum Therapeutics, Inc.)

Tenant’s Termination Elections. If, based upon the Architect’s 's Estimate and the Insurance Proceeds Estimate, the time period for repairing any casualty damage will exceed twelve (12) months after the date of any casualty, then the Tenant shall have the right, exercisable by written notice given on or before the date thirty (30) days after the Landlord gives to the Tenant the Architect’s 's Estimate and the Insurance Proceeds Estimate, to terminate this Lease. If neither the Landlord nor the Tenant exercise their termination rights based upon the Architect’s 's Estimate and the Insurance Proceeds Estimate, but the Landlord has failed to restore the Building, within twelve (12) months from the date of the casualty or taking, such period to be subject, however, to extension (which extension shall not exceed an additional one hundred eighty (180) days) where the delay in completion of such work is due to External Causes, the Tenant shall have the right to terminate this Lease at any time after the expiration of such 12-month period (as extended by delay due to External Causes as aforesaid), as the case may be, until the restoration is substantially completed, such termination to take effect as of the date of the Tenant’s 's notice. However, if the Landlord has been diligently prosecuting the repair of all casualty and damage, and if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or other design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes as aforesaid). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.of

Appears in 1 contract

Samples: Non Disturbance Agreement (Alkermes Inc)

Tenant’s Termination Elections. If, based upon the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, the time period for repairing any casualty damage will exceed twelve fifteen (1215) months after the date of any casualty, then the Tenant shall have the right, exercisable by written notice given on or before the date thirty (30) days after the Landlord gives to the Tenant the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, to terminate this Lease. If neither the Landlord nor the Tenant exercise their termination rights based upon the Architect’s Estimate and the Insurance Proceeds Estimaterights, but the Landlord has failed to restore the Building, within twelve fifteen (1215) months from the date of the casualty or taking, or the period of restoration set forth in the Contractor’s Estimate, such period to be subject, however, to extension (which extension shall not exceed an additional one hundred eighty (180) days) where the delay in completion of such work is due to External Causes, the Tenant shall have the right to terminate this Lease at any time after the expiration of such 12-month period (in either case, as extended by delay due to External Causes as aforesaid), as the case may be, ) until the restoration is substantially completed, such termination to take effect as of the date of the Tenant’s notice. However, if the Landlord has been diligently prosecuting the repair of all casualty and damage, and if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or other design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes as aforesaid). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.

Appears in 1 contract

Samples: Disturbance Agreement (Beam Therapeutics Inc.)

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Tenant’s Termination Elections. If, based upon the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, the time period for repairing any casualty damage will exceed twelve nine (129) months after the date of any casualty, then the Tenant shall have the right, exercisable by written notice given on or before the date thirty (30) days after the Landlord gives to the Tenant the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, to terminate this Lease. If neither the Landlord nor the Tenant exercise their termination rights based upon the Architect’s Estimate and the Insurance Proceeds Estimaterights, but the Landlord has failed to restore the Building, within twelve the longer of nine (129) months from the date of the casualty or takingtaking or the period of restoration set forth in the Contractor’s Estimate set forth in the Contractor’s Estimate, such period to be subject, however, to extension (which extension shall not exceed an additional one hundred eighty (180) days) where the delay in completion of such work is due to External CausesCauses but in no event beyond nine (9) months from the date of the casualty or taking), the Tenant shall have the right to terminate this Lease at any time after the expiration of such 12-month period (in either case, as extended by delay due to External Causes as aforesaid), as the case may be, ) until the restoration is substantially completed, such termination to take effect as of the date of the Tenant’s notice. However, if the Landlord has been diligently prosecuting the repair of all casualty and damage, and if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or other design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes as aforesaid). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.

Appears in 1 contract

Samples: Lease (Agios Pharmaceuticals Inc)

Tenant’s Termination Elections. If, based upon the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, the time period for repairing any casualty damage will exceed twelve fifteen (1215) months after the date of any casualty, then the Tenant shall have the right, exercisable by written notice given on or before the date thirty (30) days after the Landlord gives to the Tenant the ArchitectContractor’s Estimate and the Insurance Proceeds Estimate, to terminate this Lease. If neither the Landlord nor the Tenant exercise their termination rights based upon the Architect’s Estimate and the Insurance Proceeds Estimaterights, but the Landlord has failed to restore the Building, within twelve the longer of fifteen (1215) months from the date of the casualty or takingtaking or the period of restoration set forth in the Contractor’s Estimate set forth in the Contractor’s Estimate, such period to be subject, however, to extension (which extension shall not exceed an additional one hundred eighty (180) days) where the delay in completion of such work is due to External Causes, the Tenant shall have the right to terminate this Lease at any time after the expiration of such 12-month period (in either case, as extended by delay due to External Causes as aforesaid), as the case may be, ) until the restoration is substantially completed, such termination to take effect as of the date of the Tenant’s notice. However, if the Landlord has been diligently prosecuting the repair of all casualty and damage, and if the Landlord reasonably determines at any time, and from time to time, during the restoration, based upon certification by its architect or other design professional, that such restoration will not be able to be completed before the deadline date after which the Tenant may terminate this Lease under this Section 8.3, and the Landlord specifies in a notice to Tenant to such effect a later date that the Landlord estimates will be the date upon which such restoration will be completed, then the Tenant may terminate this Lease within thirty (30) days of the Landlord’s notice as aforesaid, failing which the deadline date shall be extended to the date set forth in Landlord’s notice (as extended by delay due to External Causes as aforesaid). The Landlord shall exercise reasonable efforts to keep the Tenant advised of the status of restoration work from time to time, and promptly following any request for information during the course of the performance of the restoration work.

Appears in 1 contract

Samples: Lease (Exicure, Inc.)

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