Common use of Termination Options Clause in Contracts

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Matria Healthcare Inc)

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Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractorcontractor (the "Repair Notice"). If the damage renders the Premises or a material part of the Premises untenantable and such estimate Repair Notice states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate Repair Notice states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate Repair Notice states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage renders more than 50% of the rentable area of the Building untenantable, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair timeRepair Notice. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and period. If Tenant elects to terminate the Lease, Landlord will be entitled to all the proceeds of the Tenant's insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesfor Leasehold Improvements and Equipment.

Appears in 1 contract

Samples: Lease Agreement (Essex Corporation)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. , If such estimate states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesperiod.

Appears in 1 contract

Samples: Office Lease Agreement (Xanodyne Pharmaceuticals Inc)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by an independent, competent architect, engineer or contractor selected by Landlord, which estimate shall be provided to Tenant within 30 days after the date of the casualty. Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease, unless such damage was caused by an act or omission of Tenant (in which event Tenant shall make the repairs using insurance proceeds, if any, paid pursuant to coverage to be maintained by Landlord, provided that any deductible and increases in premium costs associated with such damage shall be paid by Tenant). If such estimate states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b9.2(b) applicable to any damaged leasehold improvements in the Premises. Landlord shall exercise its termination rights hereunder in good faith and may not terminate this Lease unless it elects not to commence rebuilding or reconstructing within one (1) year from the date of such damage and destruction.

Appears in 1 contract

Samples: Lease Agreement (Tickets Com Inc)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architectLandxxxx'x xrchitect, engineer or contractor. Landlord will endeavor to provide such notice to Tenant within sixty (60) days after such damage. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building or the Complex necessary for Tenant's occupancy cannot be completed within 180 days (not including any Force Majeure delays) from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 fifteen 15 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 thirty (30) days after notice of termination is delivereddelivered and Tenant will vacate and deliver possession of the Premises to Landlord in accordance with Section 3.4 within said thirty (30) day period; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Odyssey Re Holdings Corp)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractorcontractor (and shall use diligent efforts to provide same within 90 days of the casualty if commercially, reasonably possible). If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 30 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (CDW Computer Centers Inc)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of substantially all of such damage that was caused to the Premises or to any other portion core and shell of the Building necessary for Tenant's occupancy cannot be completed within 180 270 days from the date of such damage (or within 30 90 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease, provided it does so in strict accordance with this Lease. If such estimate states that repair or restoration of all such damage that was caused to the Building cannot be substantially completed within 180 270 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be substantially completed within 30 90 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained, and in fact maintained by Landlord, or if Landlord according cannot restore because of Laws or because the insurance proceeds were not made available to Section 11.1Landlord, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant xxxxx during such period in accordance with the provisions of Section 12.3 and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) 11 applicable to any damaged leasehold improvements Alterations or deco rations in the PremisesPremises whether paid for by Landlord or Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Quixote Corp)

Termination Options. If the Premises or the Building Improvements are damaged by fire or other casualty Landlord will, promptly within 45 days after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If such damage occurred during the 12-month period that ends on the Expiration Date, and if such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy Improvements cannot be completed within the lesser of (i) 180 days from the date of such damage the damage; or (or within 30 ii) the number of days from the date of such damage if such damage occurred within the last 12 months of then remaining in the Term), then Tenant or Landlord will have the option to terminate this Lease. If such estimate states that repair or restoration of all such damage that was caused occurred prior to the Building cannot be completed within 180 days from 12-month period that ends on the date of such damageExpiration Date, or and if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy Improvements cannot be completed within 30 270 days from the date of such the damage, then Tenant or if Landlord will have the option to terminate this Lease. If such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.18.1, then Landlord will have the option to terminate this LeaseLease (unless Tenant notifies Landlord, within 15 days after receipt of Landlord's notice of termination, as provided below, that Tenant will pay for all costs of repairing and restoring the damage that are in excess of any available insurance proceeds, in which case Landlord's exercise of such right of termination will be deemed void and Tenant will be obligated to pay for such costs as they are incurred and to provide such reasonable assurance of payment as may be required by Landlord's contractor). Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b8.2(b) applicable to any damaged leasehold improvements alterations in the Premises.

Appears in 1 contract

Samples: Homegrocer Com Inc

Termination Options. If Notwithstanding the Premises or terms of Section 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, and instead terminate this Lease, by notifying Tenant in writing of such termination within thirty (30) days after the date of the Landlord Repair Notice, such notice to include a termination date giving Tenant sixty (60) days to vacate the Premises, but Landlord may so elect only if the Building are or Project shall be damaged by fire or other casualty Landlord willor cause, promptly after learning of such damagewhether or not the Premises are affected, notify Tenant in writing and one or more of the time necessary to repair or restore such damagefollowing conditions is present: (i) in Landlord’s reasonable judgment, as estimated by Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy repairs cannot reasonably be completed within 180 days from one (1) year after the date of the Landlord Repair Notice (when such repairs are made without the payment of overtime or other premiums); (ii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall terminate the ground lease, as the case may be; (iii) the damage is not fully covered by Landlord’s insurance policies (unless Landlord has failed to maintain the policies required by this Lease); or within 30 days from (iv) the date of such damage if such damage occurred within occurs during the last 12 twelve (12) months of the Lease Term), then Tenant will have . Notwithstanding the option to terminate terms of Section 11.1 of this Lease. If such estimate states that repair or restoration of all such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to may terminate this Lease, the Term will expire and this Lease will terminate 10 by notifying Landlord in writing of such termination within thirty (30) days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of Landlord’s notice required in the preceding paragraph, such damage until notice to include a termination date giving Tenant sixty (60) days to vacate the Premises, if the Building shall be damaged by fire or other casualty or cause, and one or more of the following conditions is present: (iv) in Landlord’s reasonable judgment, repairs cannot reasonably be completed within one (1) year after the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant Landlord Repair Notice (when such repairs are made without the payment of overtime or other premiums); or (v) the damage occurs during such period and Landlord will be entitled to all proceeds the last twelve (12) months of the insurance policy described in Section 11.2(bLease Term. In addition, Tenant may terminate the Lease by giving written notice to Landlord if Landlord shall have failed to complete the restoration as required above within ninety (90) applicable to any damaged leasehold improvements days following the estimated restoration date set forth in the PremisesLandlord Repair Notice.

Appears in 1 contract

Samples: Lease (Biomarin Pharmaceutical Inc)

Termination Options. If the Premises or the Building are damaged by fire or other casualty casualty, Landlord will, promptly after learning within 30 days of the date of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If (i) such damage occurs during the 12-month period that ends on the last day of the initial Term, if Tenant has not exercised its Extension Option, or during the last twelve months of the Extension Term, if Tenant has exercised its Extension Option, and if such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage repair or restoration is commenced, or (or within 30 days from ii) the date loss is of such damage if such damage occurred within the last 12 months of the Term)a nature which Landlord is not required by this Lease to insure against, then both Tenant and Landlord will have have, as their respective sole remedies in connection with such condition, the option to terminate this Lease. If such estimate states that damage is of a nature which is not required to be insured against by Landlord in accordance with Section 7.1(a) through (f) and if the cost to repair or restoration of all such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required determined to be maintained by Landlord according to Section 11.1, in excess of $500,000.00 then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesperiod.

Appears in 1 contract

Samples: Lease Agreement (Renaissance Worldwide Inc)

Termination Options. If the Premises or the Building are damaged by fire or other casualty damages the Building, Landlord will, promptly after learning of such damage, notify . Notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractorcontractor (the "Repair Notice"). If the damage renders the Premises or a material part of the Premises untenantable and such estimate Repair Notice states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate Repair Notice states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate Repair Notice states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage renders more than 50% of the rentable area of the Build in untenantable, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair timeRepair Notice. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and period. If Tenant elects to terminate the Lease, Landlord will be entitled to all up to a maximum of $802,912.00 of the proceeds of the Tenant's insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements for Leasehold Improvements and Equipment (excluding Tenant's furnishings, equipment, personal property, and trade fixtures in the PremisesBuilding).

Appears in 1 contract

Samples: Lease Agreement (Ilx Lightwave Corp)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 30 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b9.2(b) applicable to any damaged leasehold improvements in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Pennaco Energy Inc)

Termination Options. If the Premises or the Building are is damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's ’s architect, engineer or contractorcontractor (the “Repair Notice”). If the damage renders the Premises or a material part of the Building untenantable and such estimate Repair Notice states that repair or restoration of all of such damage that was caused to the Building or the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 90 days from the date of such damage if such damage occurred occurs within the last 12 months of the Term), then Tenant will have the option to terminate this Lease; provided, however, that if such damage is the result of Tenant’s or its subtenant’s, licensee’s, or any of their agent’s, employee’s or invitee’s negligent acts or omissions or willful misconduct, then Tenant shall not have the right to terminate the Lease pursuant to this Section 14.1 or Section 14.2. If such estimate Repair Notice states that repair or restoration of all of such damage that was caused to the Building or the Premises cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate Repair Notice states that repair or restoration of all such damage that was caused to the Building or the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 90 days from the date of such damage, or if such damage renders more than 50% of the Rentable Area of the Building or the Premises untenantable, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.113.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair timeRepair Notice. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises Building by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesperiod.

Appears in 1 contract

Samples: Lease Agreement (Encision Inc)

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Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's ’s architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's ’s occupancy cannot be completed within 180 days from the date of such damage (or within 30 90 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's ’s occupancy cannot be completed within 30 90 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesperiod.

Appears in 1 contract

Samples: Office Lease Agreement (Biovest International Inc)

Termination Options. If any portion of the Premises, the respective Buildings or a portion of the Project reasonably necessary for the continued use of each Building and/or the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's ’s architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to a portion of the Premises or to any other portion of the Building Buildings or Project necessary for Tenant's ’s occupancy cannot be completed within 180 365 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this LeaseLease with respect to the applicable portion of the Premises affected by such damage. If such estimate states that repair or restoration of all of such damage that was caused to the Building Buildings or applicable portion of the Project cannot be completed within 180 365 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to a portion of the Premises or to any other portion of the Building Buildings or the Project necessary for Tenant's ’s occupancy cannot be completed within 30 60 days from the date of such damage (provided that if Tenant has exercised, or proceeds to validly exercise an option to extend the Term within 15 business days of the occurrence of such damage, the “Term” for the purposes of the foregoing clause shall refer to the Term so extended), or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1 (and Tenant does not agree to pay the shortfall in the cost of restoration), then Landlord or Tenant will have the option to terminate this LeaseLease with respect to the applicable portion of the Premises affected by such damage. Any option to terminate granted above must be exercised by written notice to the other party given within 10 business days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this LeaseLease with respect to a portion of the Premises, the Term such termination will expire and this Lease will terminate 10 occur 30 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of any portion of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesperiod.

Appears in 1 contract

Samples: Lease Agreement (Exelixis, Inc.)

Termination Options. If the Premises or Premises, the Building or a portion of the Project reasonably necessary for the continued use of the Building and/or the Premises are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's ’s architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building or Project necessary for Tenant's ’s occupancy cannot be completed within 180 120 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all of such damage that was caused to the Building or applicable portion of the Project cannot be completed within 180 120 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building or the Project necessary for Tenant's ’s occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesperiod.

Appears in 1 contract

Samples: Lease Agreement (Singulex Inc)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, will (i) promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as reasonably estimated by Landlord's ’s architect, engineer or contractor, and (ii) if Landlord learns that the insurance proceeds expected to be available to Landlord will not be sufficient for such repair and restoration, promptly notify Tenant of such in writing. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's ’s occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term)) or if Landlord notifies Tenant that the proceeds expected to be available to Landlord will not be sufficient for such repair and restoration, then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's ’s occupancy cannot be completed within 30 days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 15 business days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 business days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premisesperiod.

Appears in 1 contract

Samples: Office Lease Agreement (Intellon Corp)

Termination Options. If the Premises or the Building are is damaged by fire or other casualty, Landlord may, at its option, restore the Premises to as near its previous condition as is reasonably possible. Unless Landlord, within ninety (90) days after the happening of any such casualty, shall notify Tenant of its election to so restore, this Lease shall thereupon terminate and end; provided that if Landlord reasonably estimates that such damage can be repaired within 180 days from the date of such casualty Landlord will, promptly after learning of and there are insurance proceeds sufficient to repair such damage, then Landlord shall be obligated to repair such damage and the Lease shall not terminate. If Landlord elects to or is required to restore the Premises, Landlord will notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's ’s architect, engineer or contractorcontractor (the “Repair Notice”). If such estimate Repair Notice states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 days from the date of such damage (or within 30 days from the date of such damage if such damage occurred within the last 12 months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all such damage that was caused to the Building cannot be completed within 180 days from the date of such damage, or if such damage occurred within the last 12 months of the Term and such estimate Repair Notice states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's ’s occupancy cannot be completed within 30 days from the date of such damage, or if such damage renders more than 50% of the rentable area of the Building untenantable, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 days after If Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 days after as set forth in Landlord’s notice of termination is deliveredto Tenant; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation as set forth in Section 10.3. Additionally, if a material portion of the Premises is damaged by a casualty such that Tenant during is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such period damage, and Landlord will estimates that the damage caused thereby cannot be entitled repaired within 180 days after the date of such damage, then Tenant may terminate this Lease by delivering written notice to all proceeds Landlord of its election to terminate within 30 days after the insurance policy described in Section 11.2(b) applicable Repair Notice has been delivered to any damaged leasehold improvements in the PremisesTenant.

Appears in 1 contract

Samples: Lease Agreement (Solid Power, Inc.)

Termination Options. If the Premises or the Building are damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 180 one hundred eighty (180) days from the date of such damage (or within 30 thirty (30) days from the date of such 12 20 damage if such damage occurred within the last 12 twelve(12) months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all of such damage that was caused to the Building cannot be completed within 180 one hundred eighty (180) days from the date of such damage, or if such damage occurred within the last 12 twelve (12) months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 thirty (30) days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.19.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 ten (10) days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 ten (10) days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced to the reasonable value of any use or occupation of the Premises by Tenant during such period and Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b9.2(b) applicable to any damaged leasehold improvements in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

Termination Options. If the Premises or the Building are is damaged by fire or other casualty Landlord will, promptly after learning of such damage, notify Tenant in writing within thirty (30) days after the date of the damage of the time necessary to repair or restore such damage, as estimated by Landlord's architect, engineer or contractor. If such estimate states that repair or restoration of all of such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy in accordance with similar quality and standards as the specifications attached hereto as Exhibits B and B-1 and the requirements of this Lease cannot be completed within 180 one hundred eighty (180) days from the date of such damage (or within 30 sixty (60) days from the date of such damage if such damage occurred within the last 12 twelve (12) months of the Term), then Tenant will have the option to terminate this Lease. If such estimate states that repair or restoration of all such damage that was caused to the Building cannot be completed within 180 one hundred eighty (180) days from the date of such damage, or if such damage occurred within the last 12 twelve (12) months of the Term and such estimate states that repair or restoration of all such damage that was caused to the Premises or to any other portion of the Building necessary for Tenant's occupancy cannot be completed within 30 sixty (60) days from the date of such damage, or if such damage is not insured against by the insurance policies required to be maintained by Landlord according to Section 11.1, then Landlord will have the option to terminate this Lease. Any option to terminate granted above must be exercised by written notice to the other party given within 10 thirty (30) days after Landlord delivers to Tenant the notice of estimated repair time. If either party exercises its option to terminate this Lease, the Term will expire and this Lease will terminate 10 ten (10) days after notice of termination is delivered; provided, however, that Rent for the period commencing on the date of such damage until the date this Lease terminates will be reduced fully abatx xxxh respect to the reasonable value of any use or occupation such portions of the Premises by Tenant during that are Untentantable as a result of such period and damage. Landlord will be entitled to all proceeds of the insurance policy described in Section 11.2(b) applicable to any damaged leasehold improvements in the Premises.

Appears in 1 contract

Samples: Lease Agreement (S1 Corp /De/)

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