Common use of Partial Damage - Uninsured Loss Clause in Contracts

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5, if at any time during the term hereof there is damage which is not an Insured Loss and which falls within the classification of Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5, if at any time during the term hereof there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Property Partial Damageoccurs, unless caused by a negligent or willful act of Tenant and not insured against by insurance coverage that Landlord is required to carry under this Lease, (in which event Tenant shall make the repairs repair such damage at Tenant's expense’s expense and this Lease shall continue in full force and effect, but subject to Landlord’s rights under Paragraph 18), Landlord may at Landlord's option either ’s option, either: (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention ’s desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention ’s commitment to pay for the repair of such damage totally at Tenant's expense, ’s expense and without reimbursement from Landlord, in which . Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within thirty (30) days following Tenant’s said commitment. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible and-the required funds are available. the times specified above, this Lease shall terminate as of the date specified in Landlord’s notice of termination. If Landlord elects to repair the Premises, but such repairs cannot be completed within 270 days of the Partial Damage, Tenant does not give such notice may elect to terminate the Lease upon written notification to Landlord within such ten (10) days after the expiration of the 270-day period, ; the 270 day period described in this sentence will be shortened during the last two years of the term of this Lease shall be cancelled to the lesser of (a) 200 days and terminated as (b) one-half the number of days in the remainder of the date term of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlordthis Lease.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5Paragraphs 9.4, 9.5 and 9.6, if at any time during the term hereof of this Lease there is damage which is not an Insured Loss and which falls within the classification of Property Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant or its agents, contractors or invitees (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) -day period, period this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5, if at any time during the term hereof there is damage which If Partial Damage that is not an Insured Loss occurs (an "Uninsured Loss") then the Landlord shall have the following options: (a) to repair or restore the damage or destruction and which falls within the classification of Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense, in which event continue this Lease shall continue in full force and or effect, or (ii) give to be exercised by written notice to Tenant within thirty (30) calendar days following the date of damage or destruction, but if the damage or destruction was to a Building then the Rent payable hereunder shall be proportionately reduced as provided in Section 12.2 above; or (b) to give notice to Tenant at any time within thirty (30) calendar days after such damage or destruction, terminating this Lease as of a date to be specified in said notice (but which date shall not be more than sixty (60) calendar days after the date of the occurrence of such damage of Landlord's intention or destruction). In the event that Landlord timely elects to cancel and terminate this Lease, as of then this Lease shall terminate and expire on the date specified in said notice and the Rent (reduced by any allowable Rent reduction) shall be paid to the date of such termination; provided, if prior to the occurrence of such damage. In date the event Lease is scheduled to terminate Tenant notifies Landlord elects to give such notice of Landlord's intention to cancel in writing that it (Tenant) will repair or restore the damage or destruction at its own cost and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event then this Lease shall continue in full force and effect, not terminate nor shall the Rent be further abated or reduced and Tenant shall proceed promptly commence and diligently prosecute to make such repairs as soon as reasonably possiblecompletion all required work of repair or restoration. If Tenant does not give such notice within such ten (10) day periodelect to repair or restore the damage or destruction and the Lease terminates, Landlord shall refund to Tenant any rent paid in advance for any period of time subsequent to the date of termination. However, if Landlord does not elect to terminate this Lease shall and instead elects to repair or restore the damage or destruction, but the restoration cannot be cancelled and terminated as (in the opinion of Landlord's registered architect or engineer) or is not completed within two hundred forty (240) calendar days from the date of the occurrence damage or destruction, then Tenant, by written notice to Landlord within sixty (60) calendar days following the date of such damagethe damage or destruction, may elect to terminate this Lease. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense The opinion of Landlord's architect or engineer concerning the projected time needed to complete restoration shall be furnished in writing to Tenant within thirty (30) calendar days from the date of said damage or destruction.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5Subparagraphs 23.4 and 23.5, if at any time during the term hereof Term there is damage which is not an Insured Uninsured Loss and which falls within the classification of Property Premises Partial Damage or Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage (other than the Tenant Improvements and Tenant's personal property) as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if Landlord does not elect to repair such damage, give written notice to Tenant within thirty fifty (3050) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damagedamage with respect to any unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. In the event If Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten thirty (1030) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to reimburse Landlord for the repair of such damage at Tenant's expense, without contribution or reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible following its receipt of adequate funding or assurances to Landlord's reasonable satisfaction of the same from Tenant. If Tenant does not give such notice within such ten thirty (1030) day period, this Lease shall be cancelled canceled and terminated as of the date of the occurrence of such damage with respect to the unoccupyable portions of the Premises and effective four (4) months after receipt by Tenant of such notice for the balance of the Premises. If Landlord elects to repair such damage. In no event , Tenant shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at promptly repair and restore the expense of LandlordTenant Improvements.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5, if at any time during the term hereof there is damage which is not an Insured Loss and which falls within the classification of Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's ’s expense), Landlord may at Landlord's ’s option either (i) repair such damage as soon as reasonably possible at Landlord's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's ’s intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's ’s intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's ’s intention to repair such damage at Tenant's ’s expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such ten (10) day period, this Lease shall be cancelled and terminated as of the date of the occurrence of such damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5, if If at any time during the term hereof there is damage which Lease Term the Premises are damaged by a casualty that is not an Insured Loss covered by insurance carried by Landlord and which falls within Landlord reasonably estimates that the classification of Property restoration time is estimated to be 9 months or less from the casualty date (“Premises Partial Damage”), unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's ’s expense), Landlord may at Landlord's option either either: (i) repair such damage as soon as reasonably possible at Landlord's expense’s expense (subject to reimbursement pursuant to the Operating Expenses provisions), in which event this Lease shall continue in full force and effect, or (ii) give terminate this Lease by giving written notice to Tenant within thirty (30) 30 days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of uninsured Premises Partial Damage. In the event Landlord commences repairs but the Premises is not completed within 12 months from the date of casualty, despite good faith efforts from Landlord, then either Landlord or Tenant may elect to terminate this Lease upon notice to the occurrence other party (except if the casualty is caused by the gross negligence or willful misconduct a party hereto, such party may not terminate). Any such termination shall be effective 60 days following the date of such damagenotice. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) 10 days after the receipt of such the termination notice to give written notice to Landlord of Tenant's intention ’s commitment to pay for the repair of such damage at Tenant's expense, without reimbursement from Landlord, in which . Tenant shall provide Landlord with said funds or satisfactory assurance thereof within 30 days after making such commitment. In such event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after the required funds are available. If Tenant does not give such notice within such ten (10) day periodmake the required commitment, this Lease shall be cancelled and terminated terminate as of the date of specified in the occurrence of such damagetermination notice. In no event Premises Partial Damage due to flood or earthquake shall Landlord be obligated subject to make any repairs or replacements this subsection, notwithstanding that there may be some insurance coverage, but the net proceeds of any items other than those installed such insurance shall be made available for the repairs if made by either Landlord or at the expense of LandlordTenant.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5Paragraph 8.1 regarding earthquake insurance deductibles or retention amounts, Lessee shall be responsible for and shall pay to Lessor any deductible or retention amount payable with respect to any insurance relating to the Premises. In the event that the Premises or any portion of the Premises is damaged and such damage is not covered by insurance proceeds received by Lessor (or, if at any time during Lessor fails to carry such insurance as required under this Lease, proceeds that would have been payable to Lessor in the term hereof there is damage which is not an Insured Loss and which falls within the classification absence of Property Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant shall make the repairs at Tenant's expensesuch failure), Landlord may then Lessor shall have the right, at Landlord's option either Lessor’s option, either: (i) to repair such damage as soon as reasonably possible at Landlord's expense, in which event Lessor’s expense and this Lease shall continue in full force and effect, or (ii) to give written notice to Tenant Lessee within thirty sixty (3060) days after the date of the occurrence of such damage of Landlord's Lessor’s intention to cancel and terminate this Lease, Lease as of the date of the occurrence of such damage. In the event Landlord Lessor elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant Lessee shall have the right within ten (10) business days after the receipt of such notice to give written notice to Landlord Lessor of Tenant's intention Lessee’s commitment to pay the full cost of repair of such damage at Tenant's expense, without reimbursement from Landlorddamage, in which event this Lease shall continue in full force and effect, and Tenant Lessor shall proceed to make such repairs as soon as reasonably possiblepossible subject to the following conditions: Lessee shall provide to Lessor funds equal to (or adequate assurance thereof) Lessor’s estimated cost of such repairs not later than ten (10) business days after Lessee’s receipt of a notice from Lessor setting forth Lessor’s estimated cost of such repairs. If Tenant the cost of such repairs exceeds or is expected to exceed the amount deposited, Lessee shall deposit with Lessor the amount of such excess cost within ten (10) business days after receipt of a revised cost estimate or an invoice from Lessor. Any amount deposited by Lessee in excess of the cost of such repairs shall be refunded within thirty (30) days of Lessor’s final payment to Lessor’s contractor. If Lessee does not give such notice within such the ten (10) business day period, or fails to make any such deposit(s) as required, this Lease shall be cancelled and terminated terminate automatically as of the date of the occurrence of such the damage. In no event shall Landlord be obligated to make any repairs or replacements of any items other than those installed by or at the expense of Landlord.

Partial Damage - Uninsured Loss. Subject to the provisions of Section 9.5, if at any time during the term hereof there is damage which If a Premises Partial Damage that is not an Insured Loss and which falls within the classification of Property Partial Damageoccurs, unless caused by a negligent or willful act or omission of Tenant (in which event Tenant shall make the repairs at Tenant's expenseexpense and this Lease shall continue in full force and effect, but subject to Landlord's rights under paragraph 13), Landlord may may, at Landlord's option either option, either: (ia) repair such damage as soon as reasonably possible at Landlord's expense, in which event this Lease shall continue in full force and effect, ; or (iib) give written notice to Tenant within thirty (30) days after the date receipt by Landlord of knowledge of the occurrence of such damage of Landlord's intention desire to cancel and terminate this Lease, Lease as of the date of sixty (60) days following the occurrence giving of such damagenotice. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within ten (10) days after the receipt of such notice to give written notice to Landlord of Tenant's intention commitment to pay for the repair of such damage totally at Tenant's expense, expense and without reimbursement from Landlord. Tenant shall provide Landlord with the required funds or satisfactory assurance thereof within thirty (30) days following Tenant's said commitment. In such event, in which event this Lease shall continue in full force and effect, and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible and the required funds are available. If Tenant does not give such notice and provide the funds or assurance thereof within such ten (10) day periodthe times specified above, this Lease shall be cancelled and terminated terminate as of the date specified in Landlord's notice of termination. If repair or restoration by Landlord or Tenant shall exceed a twelve (12) month period as determined by Landlord, Landlord shall so notify Tenant and either party shall have the occurrence of such damage. In no event shall Landlord be obligated right to make any repairs or replacements of any items cancel this Lease by providing written notice to the other than those installed by or at the expense party within 30 days of Landlord.'s notice, and the Lease will terminate 30 days following such written notice. 9.4