Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5: (i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk; (ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk. (iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk. 6.5.2 If during the Term the Property (or part thereof or the means of access thereto) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessible: (i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which: (a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessible; or (b) This Lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5 (ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord will reinstate the Property (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such period this Lease will automatically end on the date one year after the date of such damage or destruction. 6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors. 6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk 6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 6 contracts
Sources: Underlease (Adaptimmune Therapeutics PLC), Underlease (Adaptimmune Therapeutics PLC), Underlease (Adaptimmune Therapeutics PLC)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access theretothereof) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessibleuse:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessiblecontents; or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property (a ‘'Reinstatement Notice’') so that the Property shall be fit for occupation and use and made accessible but if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease the lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has had been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease lease by serving not less than three months months' notice on the other stating that it terminates this Leaselease, and if by the end of such notice the Property and/or access to it have has been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease lease shall continue in full force and effect.
Appears in 2 contracts
Sources: Lease (Immunocore LTD), Lease (Immunocore LTD)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access theretothereof) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessibleuse:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessiblecontents; or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease the lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has had been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease lease by serving not less than three months months’ notice on the other stating that it terminates this Leaselease, and if by the end of such notice the Property and/or access to it have has been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease lease shall continue in full force and effect.
Appears in 2 contracts
Sources: Lease (Immunocore LTD), Lease (Immunocore LTD)
Uninsured Risks. 6.5.1 5.1 For the purposes purpose of this Clause 6.5paragraph 5 of this Schedule:
(ia) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;.
(iib) References to an Insured Risk becoming an Uninsured Risk shall, shall without limitation, limitation include the application by insurers of an exclusion, exclusion condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iiic) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 5.2 If during the Term the Property (or part thereof Building or the means Premises or a substantial part of access thereto) them shall be damaged or destroyed by an Uninsured Risk so as to make the Property (Premises or a substantial part therefore) of them unfit for occupation access or use or inaccessible:
(ia) The Principal Rent the yearly rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable from the date of damage or destruction until the earlier of the date on which:
(ai) The Property the Premises shall again be fit for occupation and or use (excluding fitting out and replacement of contents contents) and made accessible; or
(bii) This this Lease shall be terminated in accordance with Clause 6.5.2(iiparagraph 5.2(b) or 6.5.5and paragraph 5.5 of this Schedule 6;
(iib) The the Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property Building or the Premises or both of them as the case may be (a ‘“Reinstatement Notice’”) so that the Property Premises shall be fit for occupation and or use and made accessible but and if the Landlord fails to serve a Reinstatement Notice on within twelve months from the Tenant by date of damage or destruction the expiry of such period this Lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) 5.3 Paragraph 5.2 shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees licensees or contractors.
6.5.4 5.4 If the Landlord shall have served serves a Reinstatement Notice it shall use reasonable endeavours (subject to any necessary labour and materials being and remaining available and to obtaining all necessary permissions and consents necessary to enable the provisions of Clause 6.1.6 shall apply Landlord to reinstate the Building or the Premises (as if appropriate) or the damage has been caused by an Insured Riskaccess thereto (the “Permissions”) which the Landlord must use reasonable endeavours to obtain as soon as possible) to reinstate the Building and/or the Premises (as the case may be) and or access thereto as soon as reasonably practicable.
6.5.5 5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two three years and nine six months of from the date of such the damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months six months’ notice on the other stating that it terminates this Lease, Lease and if by the end of such notice the Property and/or access to it Building or the Premises or both of them as the case may be have been reinstated so that the Property is Premises are fit for occupation and use and is are accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 2 contracts
Sources: Lease Agreement (Orchard Rx LTD), Lease Agreement (Orchard Rx LTD)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or and/or the means of access thereto) to it shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessibleand use:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable from the date of such damage or destruction until the earlier of the date on which:
(a) The Property and/or the means of access to it shall again be fit for occupation and use (excluding fitting out and replacement of contents and made accessiblecontents); or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property and/or the means of access to it (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but and if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease the lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Sources: Lease (Exscientia LTD)
Uninsured Risks. 6.5.1 5.1 For the purposes purpose of paragraph 5 of this Clause 6.5Schedule:
(ia) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;.
(iib) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iiic) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 5.2 If during the Term Term, the Property (or part thereof Building or the means Premises, or a substantial part of access thereto) them, shall be damaged or destroyed by an Uninsured Risk so as to make the Property (Building or the Premises or a substantial part therefore) of them unfit for occupation or use or inaccessible:
(ia) The Principal Rent and the Service Charge yearly rent or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:;
(ai) The Property the Building or the Premises shall again be fit for occupation and or use excluding fitting out and replacement of contents and or made accessible; or
(bii) This this Lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5paragraph 5.2(b);
(iib) The the Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property Building or the Premises or both of them as the case may be (“a ‘Reinstatement Notice’”) so that the Property Building or the Premises or both of them as the case may be shall be fit for occupation and or use and or made accessible but and if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such period this Lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Insured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access thereto) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessible:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessible; or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property (a ‘Reinstatement Notice’) ’ so that the Property shall be fit for occupation and use and made accessible but and if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease the lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Sources: Lease (Adaptimmune Therapeutics PLC)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These these provisions shall apply from the date on which any Insured Risk becomes in relation to an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, may apply without limitation, include limitation as a result of the application by insurers of an exclusion, exclusion condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.;
(iii) The the Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (Premises or a substantial part thereof or the means of access thereto) it shall be damaged or destroyed by an Uninsured Risk so as to make the Property (Premises or a substantial part therefore) of it unfit for occupation or use or inaccessible:
(i) The inaccessible the Principal Rent and the Service Charge (or a fair proportion according to the nature and extent of the damage sustained will not damage) shall be payable suspended until the earlier of of:
(i) the date on which:
(a) The Property shall which the Premises are again be fit for occupation and use excluding fitting out and replacement of contents and made accessibleaccessible or the access to the Premises is again possible (as the case may be); or
(b) This Lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5and
(ii) The the end or sooner determination of the Term.
6.5.3 If during the Term the Premises or a substantial part of them shall be damaged or destroyed by an Uninsured Risk so as to make the Premises or a substantial part of it unfit for occupation or use or inaccessible the Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property Premises (a ‘“Reinstatement Notice’”) so that the Property Premises shall be fit for occupation and or use and or made accessible but and if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such period this Lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served serves a Reinstatement Notice pursuant to Clause 6.5.3 then for the purposes of this Lease the Premises shall be deemed to have been damaged or destroyed by an Insured Risk in accordance with the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effectClause.
Appears in 1 contract
Sources: Lease
Uninsured Risks. 6.5.1 For If the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof Premises or the means of access thereto) shall be thereto is destroyed or damaged or destroyed by an Uninsured Risk so uninsured risk as to make render the Property (or part therefore) Premises unfit for occupation or use or inaccessibleinaccessible then unless the damage or destruction is due to a deliberate act or omission of the Tenant:
(i) The Principal Rent and 16.5.1 on or before the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessible; or
(b) This Lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year first anniversary of the date of such destruction or damage or destruction (the "Decision Date") the Landlord shall serve a written notice on the Tenant confirming that the Superior Landlord will stating whether or not it proposes to reinstate the Property (a ‘Reinstatement Notice’) Premises so that as to render the Property shall be Premises wholly fit for occupation and use and made accessible but (the "Decision Notice");
16.5.2 if the Landlord fails to serve a Reinstatement Decision Notice on or before the Tenant by the expiry of such period this Lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If Decision Date then the Landlord shall be deemed to have served a Reinstatement Decision Notice stating it does not propose to carry out the reinstatement of the Premises;
16.5.3 if the Landlord serves or is deemed to have served a Decision Notice stating that it does not propose to carry out a reinstatement then this Lease shall be treated as determined with effect from the Decision Date but subject nevertheless to the provisions of Clause 6.1.6 clause 16.5.5 below;
16.5.4 nothing in the terms of this Lease shall apply as place the Landlord under an obligation to reinstate the Premises or the access thereto if the damage has been caused by an Insured Riskuninsured risk; and
6.5.5 If 16.5.5 termination of the Term shall be without prejudice to any claim by any party in respect of any antecedent breach of any obligation under this Lease. Any dispute relating to this clause 5.5 shall be referred to arbitration in accordance with the Arbitration Act 1996 to a single arbitrator agreed between the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed the Tenant or in the absence of agreement, nominated on the application by either party by the date two years and nine months President for the time being of the date Royal Institution of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effectChartered Surveyors.
Appears in 1 contract
Sources: Licence to Occupy
Uninsured Risks. 6.5.1 For If the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition Building is wholly or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access thereto) shall be substantially damaged or destroyed by an Uninsured Risk so as to make render the Property (or part therefore) Premises unfit for occupation and use by the Tenant or use or inaccessible:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on whichinaccessible then:
(a) The Property the Tenant shall again be fit for occupation and use excluding fitting out and replacement immediately notify the Landlord in writing of contents and made accessible; orsuch destruction or damage caused by an Uninsured Risk;
(b) This Lease shall be terminated the provisions of clause 5.3 (suspension of rent) will apply as if the Premises had been damaged or destroyed by an Insured Risk and remained in accordance with Clause 6.5.2(iithat state throughout the period that is covered by the Landlord’s loss of rent insurance in those circumstances or (if it ends sooner) or 6.5.5
(ii) The Landlord may within one year of throughout the period which ends on the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord will reinstate the Property (a ‘Reinstatement Notice’) so that the Property Premises shall again be rendered reasonably fit for occupation and or use and made accessible but reasonably accessible, provided however that the provisions of clause 5.3 shall not so apply if the Landlord fails to serve a Reinstatement Notice any policy of insurance has been vitiated or avoided or any insurance monies are irrecoverable in whole or in part by reason of any act neglect default or omission of or on the Tenant by the expiry of such period this Lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default part of the Tenant or any person deriving title under the Tenant undertenant or occupier or their respective agents, employees, licensee, servants agents invitees or contractors.licensees;
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date (c) neither the Landlord or the Tenant will be under any obligation to repair decorate rebuild or reinstate the Premises or the Building or to contribute to the costs of doing so except (in the case of the Tenant) where the provisions of clause 5.4.5 apply or (in the case of the Landlord) in accordance with the provisions of this clause 5.4.4;
(d) the Landlord may terminate this Lease by serving but is not less than obliged to serve a Reinstatement Election Notice on the Tenant;
(e) if the Landlord does not serve a Reinstatement Election Notice on the Tenant during the Reinstatement Election Period the Tenant may within three (3) months following the end of the Reinstatement Election Period serve written notice on the other stating that it terminates Landlord ending this Lease, and Lease but the Tenant may not serve such a notice if by either (i) the Landlord has served a Reinstatement Election Notice following the end of such notice the Property and/or access Reinstatement Election Period or (ii) any policy of insurance has been vitiated or avoided or any insurance monies are irrecoverable in whole or in part by reason of any act neglect default or omission of or on the part of the Tenant or any undertenant or occupier or their respective servants agents invitees or licensees;
(f) if the Landlord elects in the Reinstatement Election Notice to it rebuild and reinstate the Premises the provisions of clauses 5.4.1 to 5.4.3 inclusive and clause 5.4.6 will apply as they would have applied had there been reinstated so that damage or destruction by any of the Property is fit for occupation and use and is accessible the notice Insured Risks;
(g) time shall be void and of the essence in respect of any period specified for the service of any notice under this Lease shall continue in full force and effectclause 5.4.4.
Appears in 1 contract
Sources: Occupational Lease (Hubspot Inc)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access thereto) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessible:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessible; or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year six (6) months of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but and if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease the lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Sources: Lease (Summit Therapeutics PLC)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Insured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access theretothereof) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part thereforethereof) unfit for occupation or use or inaccessibleuse:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessiblecontents; or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease the lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Sources: Lease (Adaptimmune Therapeutics PLC)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Insured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access theretothereof) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part therefore) unfit for occupation or use or inaccessibleuse:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessiblecontents; or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease the lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Sources: Lease (Adaptimmune Therapeutics PLC)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;
(ii) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iii) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term the Property (or part thereof or the means of access thereto) shall be damaged or destroyed by an Uninsured Risk so as to make the Property (or part thereforethereof) unfit for occupation or use or inaccessible:
(i) The Principal Rent and the Service Charge or a fair proportion according to the nature and extent of the damage sustained will not be payable until the earlier of the date on which:
(a) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents and made accessible; or
(b) This Lease lease shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such damage or destruction serve a notice on the Tenant confirming that the Superior Landlord it will reinstate the Property (a ‘Reinstatement Notice’) so that the Property shall be fit for occupation and use and made accessible but and if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such prescribed period this Lease will automatically end on the date one year after the date of such damage or destruction.
6.5.3 Clause 6.5.2(i) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licenseelicensees, invitees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Sources: Lease (Replimune Group, Inc.)
Uninsured Risks. 6.5.1 For the purposes of this Clause 6.5:
(i) These provisions This clause 7.18 shall apply from the date on which any Insured Risk becomes an Uninsured Risk but only in relation to the Uninsured Risk;.
(iiA) References to an Insured Risk becoming an Uninsured Risk shall, without limitation, include the application by insurers of an exclusion, condition or limitation to an Insured Risk to the extent to which such risk thereby is or becomes an Uninsured Risk.
(iiiB) The Landlord shall notify the Tenant in writing as soon as reasonably practicable after it becomes aware that an Insured Risk becomes an Uninsured Risk.
6.5.2 If during the Term Term, the Property (or part thereof Building or the means Premises, or a substantial part of access thereto) them, shall be damaged or destroyed by an Uninsured Risk so as to make the Property (Premises or a substantial part therefore) of them unfit for occupation or and use or inaccessible:
inaccessible (i"Uninsured Damage") The the Principal Rent and the Service Charge Charge, or a fair proper proportion of them according to the nature and extent of the damage sustained will not damage, shall be payable suspended until the earlier of the date on which:
(a1) The Property shall again be fit for occupation and use excluding fitting out and replacement of contents the Premises are reinstated and made accessible; or
(b2) This the date on which this Lease is terminated pursuant to clause 7.18(E).
(C) Within 12 months of the Uninsured Damage the Landlord shall give written notice to the Tenant ("Election Notice") stating whether or not it proposes to rebuild or reinstate the Premises or procure such rebuilding or reinstatement.
(D) If the Election Notice states that the Landlord does propose to rebuild or reinstate the Premises (or procure the same) then the Uninsured Damage shall be terminated in accordance with Clause 6.5.2(ii) or 6.5.5
(ii) The Landlord may within one year of the date of such deemed to be damage or destruction serve a notice on caused by an Insured Risk and the Tenant confirming Landlord shall comply with the relevant provisions of clause 7.5 at its own cost to the extent that such clauses apply to the Premises.
(E) If the Election Notice states that the Superior Landlord will does not propose to rebuild or reinstate the Property (a ‘Reinstatement Notice’Premises or if no Election Notice is served within the period of 12 months referred to in clause 7.18(C) so that the Property shall be fit for occupation and use and made accessible but if the Landlord fails to serve a Reinstatement Notice on the Tenant by the expiry of such period either party may determine this Lease will automatically end on by serving upon the date other not less than one year after the date of such damage or destructionmonth's notice in writing.
6.5.3 Clause 6.5.2(i(F) Clauses 7.18(B) and (E) shall not apply if an Insured Risk shall have become an Uninsured Risk owing to the act or default of the Tenant or any person deriving title under the Tenant or their respective agents, employees, licensee, invitees licensees or contractors.
6.5.4 If the Landlord shall have served a Reinstatement Notice the provisions of Clause 6.1.6 shall apply as if the damage has been caused by an Insured Risk
6.5.5 If the Landlord shall have served a Reinstatement Notice and such reinstatement has not been completed by the date two years and nine months of the date of such damage at any time after that date the Landlord or the Tenant may terminate this Lease by serving not less than three months notice on the other stating that it terminates this Lease, and if by the end of such notice the Property and/or access to it have been reinstated so that the Property is fit for occupation and use and is accessible the notice shall be void and this Lease shall continue in full force and effect.
Appears in 1 contract
Sources: Lease (8x8 Inc /De/)